|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6193 Introduced 2/11/2016, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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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.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Health Care Worker Background Check Act is |
5 | | amended by changing Section 25 as follows:
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6 | | (225 ILCS 46/25)
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7 | | Sec. 25. Persons ineligible to be hired by health care |
8 | | employers and long-term care facilities.
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9 | | (a) In the discretion of the Director of Public Health, as |
10 | | soon after January 1, 1996, January 1, 1997, January 1, 2006, |
11 | | or October 1, 2007, as applicable, and as is reasonably |
12 | | practical, no
health care employer shall knowingly hire, |
13 | | employ, or retain any
individual in a position with duties |
14 | | involving direct care for clients,
patients, or residents, and |
15 | | no long-term care facility shall knowingly hire, employ, or |
16 | | retain any individual in a position with duties that involve or |
17 | | may involve
contact with residents or access to the living |
18 | | quarters or the financial, medical, or personal records of |
19 | | residents, who has been convicted of committing or attempting |
20 | | to
commit one or more of the following offenses: those defined |
21 | | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, |
22 | | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
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23 | | 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, |
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1 | | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, |
2 | | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, |
3 | | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, |
4 | | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
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5 | | 12-33, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, |
6 | | 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
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7 | | 24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of |
8 | | Section 11-14.4, or in subsection (a) of Section 12-3 or |
9 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
10 | | of 1961 or the Criminal Code of 2012; those provided in
Section |
11 | | 4 of the Wrongs to Children Act; those provided in Section 53 |
12 | | of the
Criminal Jurisprudence Act; those defined in Section 5, |
13 | | 5.1, 5.2, 7, or 9 of
the Cannabis Control Act; those defined in |
14 | | the Methamphetamine Control and Community Protection Act; or |
15 | | those defined in Sections 401, 401.1, 404, 405,
405.1, 407, or |
16 | | 407.1 of the Illinois Controlled Substances Act, unless the
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17 | | applicant or employee obtains a waiver pursuant to Section 40.
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18 | | (a-1) In the discretion of the Director of Public Health, |
19 | | as soon after January 1, 2004 or October 1, 2007, as |
20 | | applicable, and as is reasonably practical, no health care |
21 | | employer shall knowingly hire
any individual in a position with |
22 | | duties involving direct care for clients,
patients, or |
23 | | residents, and no long-term care facility shall knowingly hire |
24 | | any individual in a position with duties that involve or may |
25 | | involve
contact with residents or access to the living quarters |
26 | | or the financial, medical, or personal records of residents, |
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1 | | who has (i) been convicted of committing or attempting
to |
2 | | commit one or more of the offenses defined in Section 12-3.3, |
3 | | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, |
4 | | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.1-5, 24-1.2-5, 24-1.6, |
5 | | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, |
6 | | subsection (b) of Section 18-1, or subsection (b) of Section |
7 | | 20-1,
of the Criminal Code of 1961 or the Criminal Code of |
8 | | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card |
9 | | and Debit Card Act; or Section 11-9.1A of the Criminal Code of |
10 | | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs |
11 | | to Children Act;
or (ii) violated Section 50-50 of the Nurse |
12 | | Practice Act, unless the applicant or employee obtains a waiver |
13 | | pursuant to Section 40 of this Act.
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14 | | A health care employer is not required to retain an |
15 | | individual in a position
with duties involving direct care for |
16 | | clients, patients, or residents, and no long-term care facility |
17 | | is required to retain an individual in a position with duties |
18 | | that involve or may involve
contact with residents or access to |
19 | | the living quarters or the financial, medical, or personal |
20 | | records of residents, who has
been convicted of committing or |
21 | | attempting to commit one or more of
the offenses enumerated in |
22 | | this subsection.
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23 | | (b) A health care employer shall not hire, employ, or |
24 | | retain any
individual in a position with duties involving |
25 | | direct care of clients,
patients, or residents, and no |
26 | | long-term care facility shall knowingly hire, employ, or retain |
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1 | | any individual in a position with duties that involve or may |
2 | | involve
contact with residents or access to the living quarters |
3 | | or the financial, medical, or personal records of residents, if |
4 | | the health care employer becomes aware that the
individual has |
5 | | been convicted in another state of committing or attempting to
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6 | | commit an offense that has the same or similar elements as an |
7 | | offense listed in
subsection (a) or (a-1), as verified by court |
8 | | records, records from a state
agency, or an FBI criminal |
9 | | history record check, unless the applicant or employee obtains |
10 | | a waiver pursuant to Section 40 of this Act. This shall not be |
11 | | construed to
mean that a health care employer has an obligation |
12 | | to conduct a criminal
history records check in other states in |
13 | | which an employee has resided.
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14 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section |
15 | | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; |
16 | | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. |
17 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
18 | | eff. 1-25-13.) |
19 | | Section 10. The Illinois Vehicle Code is amended by |
20 | | changing Sections 6-106.1 and 6-508 as follows:
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21 | | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
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22 | | Sec. 6-106.1. School bus driver permit.
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23 | | (a) The Secretary of State shall issue a school bus driver
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24 | | permit to those applicants who have met all the requirements of |
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1 | | the
application and screening process under this Section to |
2 | | insure the
welfare and safety of children who are transported |
3 | | on school buses
throughout the State of Illinois. Applicants |
4 | | shall obtain the
proper application required by the Secretary |
5 | | of State from their
prospective or current employer and submit |
6 | | the completed
application to the prospective or current |
7 | | employer along
with the necessary fingerprint submission as |
8 | | required by the
Department of
State Police to conduct |
9 | | fingerprint based criminal background
checks on current and |
10 | | future information available in the state
system and current |
11 | | information available through the Federal Bureau
of |
12 | | Investigation's system. Applicants who have completed the
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13 | | fingerprinting requirements shall not be subjected to the
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14 | | fingerprinting process when applying for subsequent permits or
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15 | | submitting proof of successful completion of the annual |
16 | | refresher
course. Individuals who on July 1, 1995 ( the |
17 | | effective date of Public Act 88-612) this Act possess a valid
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18 | | school bus driver permit that has been previously issued by the |
19 | | appropriate
Regional School Superintendent are not subject to |
20 | | the fingerprinting
provisions of this Section as long as the |
21 | | permit remains valid and does not
lapse. The applicant shall be |
22 | | required to pay all related
application and fingerprinting fees |
23 | | as established by rule
including, but not limited to, the |
24 | | amounts established by the Department of
State Police and the |
25 | | Federal Bureau of Investigation to process
fingerprint based |
26 | | criminal background investigations. All fees paid for
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1 | | fingerprint processing services under this Section shall be |
2 | | deposited into the
State Police Services Fund for the cost |
3 | | incurred in processing the fingerprint
based criminal |
4 | | background investigations. All other fees paid under this
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5 | | Section shall be deposited into the Road
Fund for the purpose |
6 | | of defraying the costs of the Secretary of State in
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7 | | administering this Section. All applicants must:
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8 | | 1. be 21 years of age or older;
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9 | | 2. possess a valid and properly classified driver's |
10 | | license
issued by the Secretary of State;
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11 | | 3. possess a valid driver's license, which has not been
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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
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15 | | disqualified within the 3 years immediately prior to the |
16 | | date of application;
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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;
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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;
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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
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6 | | of application according to standards promulgated by the |
7 | | Secretary of State;
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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;
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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
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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;
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20 | | 9. not have been under an order of court supervision |
21 | | for or convicted of 2 or more serious traffic offenses, as
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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;
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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;
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7 | | 11. not have been convicted of committing or attempting
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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,
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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,
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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
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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;
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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;
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4 | | 13. not have, through the unlawful operation of a motor
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5 | | vehicle, caused an accident resulting in the death of any |
6 | | person;
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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
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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 |
15 | | specified by
the Secretary of State as set forth by rule. It |
16 | | shall be renewable upon compliance with subsection (a) of this
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17 | | Section.
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18 | | (c) A school bus driver permit shall contain the holder's |
19 | | driver's
license number, legal name, residence address, zip |
20 | | code, and date
of birth, a brief description of the holder and |
21 | | a space for signature. The
Secretary of State may require a |
22 | | suitable photograph of the holder.
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23 | | (d) The employer shall be responsible for conducting a |
24 | | pre-employment
interview with prospective school bus driver |
25 | | candidates, distributing school
bus driver applications and |
26 | | medical forms to be completed by the applicant, and
submitting |
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1 | | the applicant's fingerprint cards to the Department of State |
2 | | Police
that are required for the criminal background |
3 | | investigations. The employer
shall certify in writing to the |
4 | | Secretary of State that all pre-employment
conditions have been |
5 | | successfully completed including the successful completion
of |
6 | | an Illinois specific criminal background investigation through |
7 | | the
Department of State Police and the submission of necessary
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8 | | fingerprints to the Federal Bureau of Investigation for |
9 | | criminal
history information available through the Federal |
10 | | Bureau of
Investigation system. The applicant shall present the
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11 | | certification to the Secretary of State at the time of |
12 | | submitting
the school bus driver permit application.
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13 | | (e) Permits shall initially be provisional upon receiving
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14 | | certification from the employer that all pre-employment |
15 | | conditions
have been successfully completed, and upon |
16 | | successful completion of
all training and examination |
17 | | requirements for the classification of
the vehicle to be |
18 | | operated, the Secretary of State shall
provisionally issue a |
19 | | School Bus Driver Permit. The permit shall
remain in a |
20 | | provisional status pending the completion of the
Federal Bureau |
21 | | of Investigation's criminal background investigation based
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22 | | upon fingerprinting specimens submitted to the Federal Bureau |
23 | | of
Investigation by the Department of State Police. The Federal |
24 | | Bureau of
Investigation shall report the findings directly to |
25 | | the Secretary
of State. The Secretary of State shall remove the |
26 | | bus driver
permit from provisional status upon the applicant's |
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1 | | successful
completion of the Federal Bureau of Investigation's |
2 | | criminal
background investigation.
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3 | | (f) A school bus driver permit holder shall notify the
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4 | | employer and the Secretary of State if he or she is issued an |
5 | | order of court supervision for or convicted in
another state of |
6 | | an offense that would make him or her ineligible
for a permit |
7 | | under subsection (a) of this Section. The
written notification |
8 | | shall be made within 5 days of the entry of
the order of court |
9 | | supervision or conviction. Failure of the permit holder to |
10 | | provide the
notification is punishable as a petty
offense for a |
11 | | first violation and a Class B misdemeanor for a
second or |
12 | | subsequent violation.
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13 | | (g) Cancellation; suspension; notice and procedure.
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14 | | (1) The Secretary of State shall cancel a school bus
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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.
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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.
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23 | | (3) The Secretary of State shall cancel a school bus
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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
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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.
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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.
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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 |
26 | | Superintendent
of Education and the permit holder's |
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1 | | prospective or current
employer that the applicant has (1) has |
2 | | failed a criminal
background investigation or (2) is no
longer |
3 | | eligible for a school bus driver permit; and of the related
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4 | | cancellation of the applicant's provisional school bus driver |
5 | | permit. The
cancellation shall remain in effect pending the |
6 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
7 | | The scope of the
hearing shall be limited to the issuance |
8 | | criteria contained in
subsection (a) of this Section. A |
9 | | petition requesting a
hearing shall be submitted to the |
10 | | Secretary of State and shall
contain the reason the individual |
11 | | feels he or she is entitled to a
school bus driver permit. The |
12 | | permit holder's
employer shall notify in writing to the |
13 | | Secretary of State
that the employer has certified the removal |
14 | | of the offending school
bus driver from service prior to the |
15 | | start of that school bus
driver's next workshift. An employing |
16 | | school board that fails to
remove the offending school bus |
17 | | driver from service is
subject to the penalties defined in |
18 | | Section 3-14.23 of the School Code. A
school bus
contractor who |
19 | | violates a provision of this Section is
subject to the |
20 | | penalties defined in Section 6-106.11.
|
21 | | All valid school bus driver permits issued under this |
22 | | Section
prior to January 1, 1995, shall remain effective until |
23 | | their
expiration date unless otherwise invalidated.
|
24 | | (h) When a school bus driver permit holder who is a service |
25 | | member is called to active duty, the employer of the permit |
26 | | holder shall notify the Secretary of State, within 30 days of |
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1 | | notification from the permit holder, that the permit holder has |
2 | | been called to active duty. Upon notification pursuant to this |
3 | | subsection, (i) the Secretary of State shall characterize the |
4 | | permit as inactive until a permit holder renews the permit as |
5 | | provided in subsection (i) of this Section, and (ii) if a |
6 | | permit holder fails to comply with the requirements of this |
7 | | Section while called to active duty, the Secretary of State |
8 | | shall not characterize the permit as invalid. |
9 | | (i) A school bus driver permit holder who is a service |
10 | | member returning from active duty must, within 90 days, renew a |
11 | | permit characterized as inactive pursuant to subsection (h) of |
12 | | this Section by complying with the renewal requirements of |
13 | | subsection (b) of this Section. |
14 | | (j) For purposes of subsections (h) and (i) of this |
15 | | Section: |
16 | | "Active duty" means active duty pursuant to an executive |
17 | | order of the President of the United States, an act of the |
18 | | Congress of the United States, or an order of the Governor. |
19 | | "Service member" means a member of the Armed Services or |
20 | | reserve forces of the United States or a member of the Illinois |
21 | | National Guard. |
22 | | (k) A private carrier employer of a school bus driver |
23 | | permit holder, having satisfied the employer requirements of |
24 | | this Section, shall be held to a standard of ordinary care for |
25 | | intentional acts committed in the course of employment by the |
26 | | bus driver permit holder. This subsection (k) shall in no way |
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1 | | limit the liability of the private carrier employer for |
2 | | violation of any provision of this Section or for the negligent |
3 | | hiring 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; |
5 | | revised 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) - |
8 | | qualification 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 |
5 | | the skills
test specified in this Section for a driver |
6 | | applicant for a commercial driver license
who meets the |
7 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall |
8 | | waive the skills tests specified in this Section for a driver |
9 | | applicant who has military commercial motor vehicle |
10 | | experience, subject to the requirements of 49 C.F.R. 383.77.
|
11 | | (b-1) No person shall be issued a CDL unless the person |
12 | | certifies to the Secretary one of the following types of |
13 | | driving 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 |
20 | | issued to a person while the person is
subject to a |
21 | | disqualification from driving a commercial motor vehicle, or
|
22 | | unless otherwise permitted by this Code, while the person's |
23 | | driver's
license is suspended, revoked or cancelled in
any |
24 | | state, or any territory or province of Canada; nor may a CLP or |
25 | | CDL be issued
to a person who has a CLP or CDL issued by any |
26 | | other state, or foreign
jurisdiction, nor may a CDL be issued |
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1 | | to a person who has an Illinois CLP unless the person first |
2 | | surrenders all of these
licenses or permits. However, a person |
3 | | may hold an Illinois CLP and an Illinois CDL providing the CLP |
4 | | is necessary to train or practice for an endorsement or vehicle |
5 | | classification not present on the current CDL. No CDL shall be |
6 | | issued to or renewed for a person who does not
meet the |
7 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met |
8 | | with
the aid of a hearing aid.
|
9 | | (c-1) The Secretary may issue a CDL with a school bus |
10 | | driver endorsement
to allow a person to drive the type of bus |
11 | | described in subsection (d-5) of
Section 6-104 of this Code. |
12 | | The CDL with a school bus driver endorsement may be
issued only |
13 | | to 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 |
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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 |
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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 |
22 | | conducting the criminal history records check, which shall be
|
23 | | deposited into the State Police Services Fund and may not |
24 | | exceed the actual
cost of the records check.
|
25 | | (c-2) The Secretary shall issue a CDL with a school bus |
26 | | endorsement to allow a person to drive a school bus as defined |
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1 | | in this Section. The CDL shall be issued according to the |
2 | | requirements outlined in 49 C.F.R. 383. A person may not |
3 | | operate a school bus as defined in this Section without a |
4 | | school bus endorsement. The Secretary of State may adopt rules |
5 | | consistent with Federal guidelines to implement this |
6 | | subsection (c-2).
|
7 | | (d) (Blank).
|
8 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; |
9 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. |
10 | | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of |
11 | | P.A. 99-414 for effective date of changes made by 98-176); |
12 | | 98-756, eff. 7-16-14.) |
13 | | Section 15. The Clerks of Courts Act is amended by changing |
14 | | Section 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, |
17 | | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
18 | | 98-658, 98-1013, 99-78, and 99-455) |
19 | | Sec. 27.6. (a) All fees, fines, costs, additional |
20 | | penalties, bail balances
assessed or forfeited, and any other |
21 | | amount paid by a person to the circuit
clerk equalling an |
22 | | amount of $55 or more, except the fine imposed by Section |
23 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
24 | | required
by subsections (b) and (c), restitution under Section |
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1 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
2 | | local anti-crime program ordered pursuant to Section |
3 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
4 | | Corrections, reimbursement for the costs of an emergency
|
5 | | response as provided under Section 11-501 of the Illinois |
6 | | Vehicle Code,
any fees collected for attending a traffic safety |
7 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
8 | | collected on behalf of a State's Attorney
under Section 4-2002 |
9 | | of the Counties Code or a sheriff under Section 4-5001
of the |
10 | | Counties Code, or any cost imposed under Section 124A-5 of the |
11 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
12 | | supervision, or any
other disposition for a violation of |
13 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
14 | | similar provision of a local ordinance, and any
violation of |
15 | | the Child Passenger Protection Act, or a similar provision of a
|
16 | | local ordinance, and except as otherwise provided in this |
17 | | Section
shall be disbursed
within 60 days after receipt by the |
18 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
19 | | entity authorized by law to
receive the fine imposed in the |
20 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
21 | | 38.675% shall be disbursed to the county's general corporate
|
22 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
23 | | shall be deposited
by the State Treasurer into the Violent |
24 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
25 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
26 | | be deposited into the Drivers Education Fund, and 6.948/17 |
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1 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
2 | | deposited into the
Trauma Center Fund from the 16.825% |
3 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
4 | | Department of Public Health and 50% shall be disbursed to
the |
5 | | Department of Healthcare and Family Services. For fiscal year |
6 | | 1993, amounts deposited into
the Violent Crime Victims |
7 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
8 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
9 | | the amounts deposited into those funds in fiscal year 1991. Any
|
10 | | amount that exceeds the 110% limit shall be distributed as |
11 | | follows: 50%
shall be disbursed to the county's general |
12 | | corporate fund and 50% shall be
disbursed to the entity |
13 | | authorized by law to receive the fine imposed in
the case. Not |
14 | | later than March 1 of each year the circuit clerk
shall submit |
15 | | a report of the amount of funds remitted to the State
Treasurer |
16 | | under this Section during the preceding year based upon
|
17 | | independent verification of fines and fees. All counties shall |
18 | | be subject
to this Section, except that counties with a |
19 | | population under 2,000,000
may, by ordinance, elect not to be |
20 | | subject to this Section. For offenses
subject to this Section, |
21 | | judges shall impose one total sum of money payable
for |
22 | | violations. The circuit clerk may add on no additional amounts |
23 | | except
for amounts that are required by Sections 27.3a and |
24 | | 27.3c of
this Act, unless those amounts are specifically waived |
25 | | by the judge. With
respect to money collected by the circuit |
26 | | clerk as a result of
forfeiture of bail, ex parte judgment or |
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1 | | guilty plea pursuant to Supreme
Court Rule 529, the circuit |
2 | | clerk shall first deduct and pay amounts
required by Sections |
3 | | 27.3a and 27.3c of this Act. This Section is a denial
and |
4 | | limitation 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 |
7 | | by the courts,
any person convicted or receiving an order of |
8 | | supervision for driving under
the influence of alcohol or drugs |
9 | | shall pay an additional fee of $100 to the
clerk of the circuit |
10 | | court. This amount, less 2 1/2% that shall be used to
defray |
11 | | administrative costs incurred by the clerk, shall be remitted |
12 | | by the
clerk to the Treasurer within 60 days after receipt for |
13 | | deposit into the Trauma
Center Fund. This additional fee of |
14 | | $100 shall not be considered a part of the
fine for purposes of |
15 | | any reduction in the fine for time served either before or
|
16 | | after sentencing. Not later than March 1 of each year the |
17 | | Circuit Clerk shall
submit a report of the amount of funds |
18 | | remitted to the State Treasurer under
this subsection during |
19 | | the preceding calendar year.
|
20 | | (b-1) In addition to any other fines and court costs |
21 | | assessed by the courts,
any person convicted or receiving an |
22 | | order of supervision for driving under the
influence of alcohol |
23 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
24 | | circuit court. This amount, less
2 1/2% that shall be used to |
25 | | defray administrative costs incurred by the clerk,
shall be |
26 | | remitted by the clerk to the Treasurer within 60 days after |
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1 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
2 | | Research Trust Fund.
This additional fee of $5 shall not
be |
3 | | considered a part of the fine for purposes of any reduction in |
4 | | the fine for
time served either before or after sentencing. Not |
5 | | later than March 1 of each
year the Circuit Clerk shall submit |
6 | | a report of the amount of funds remitted to
the State Treasurer |
7 | | under this subsection during the preceding calendar
year.
|
8 | | (c) In addition to any other fines and court costs assessed |
9 | | by the courts,
any person convicted for a violation of Sections |
10 | | 24-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of
the Criminal Code of |
11 | | 1961 or the Criminal Code of 2012 or a person sentenced for a |
12 | | violation of the Cannabis
Control Act, the Illinois Controlled |
13 | | Substances Act, or the Methamphetamine Control and Community |
14 | | Protection Act
shall pay an additional fee of $100 to the clerk
|
15 | | of the circuit court. This amount, less
2 1/2% that shall be |
16 | | used to defray administrative costs incurred by the clerk,
|
17 | | shall be remitted by the clerk to the Treasurer within 60 days |
18 | | after receipt
for deposit into the Trauma Center Fund. This |
19 | | additional fee of $100 shall not
be considered a part of the |
20 | | fine for purposes of any reduction in the fine for
time served |
21 | | either before or after sentencing. Not later than March 1 of |
22 | | each
year the Circuit Clerk shall submit a report of the amount |
23 | | of funds remitted to
the State Treasurer under this subsection |
24 | | during the preceding calendar year.
|
25 | | (c-1) In addition to any other fines and court costs |
26 | | assessed by the
courts, any person sentenced for a violation of |
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1 | | the Cannabis Control Act,
the Illinois Controlled Substances |
2 | | Act, or the Methamphetamine Control and Community Protection |
3 | | Act shall pay an additional fee of $5 to the
clerk of the |
4 | | circuit court. This amount, less 2 1/2% that shall be used to
|
5 | | defray administrative costs incurred by the clerk, shall be |
6 | | remitted by the
clerk to the Treasurer within 60 days after |
7 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
8 | | Research Trust Fund. This additional fee of $5
shall not be |
9 | | considered a part of the fine for purposes of any reduction in |
10 | | the
fine for time served either before or after sentencing. Not |
11 | | later than March 1
of each year the Circuit Clerk shall submit |
12 | | a report of the amount of funds
remitted to the State Treasurer |
13 | | under this subsection during the preceding
calendar year.
|
14 | | (d) The following amounts must be remitted to the State |
15 | | Treasurer 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 |
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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 |
5 | | supervision for a violation of the Illinois Vehicle Code or a |
6 | | similar provision of a local ordinance shall, in addition to |
7 | | any other fines, fees, and court costs, pay an additional fee |
8 | | of $29, to be disbursed as provided in Section 16-104c of the |
9 | | Illinois Vehicle Code. In addition to the fee of $29, the |
10 | | person shall also pay a fee of $6, if not waived by the court. |
11 | | If this $6 fee is collected, $5.50 of the fee shall be |
12 | | deposited into the Circuit Court Clerk Operation and |
13 | | Administrative Fund created by the Clerk of the Circuit Court |
14 | | and 50 cents of the fee shall be deposited into the Prisoner |
15 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
16 | | (f) This Section does not apply to the additional child |
17 | | pornography fines assessed and collected under Section |
18 | | 5-9-1.14 of the Unified Code of Corrections.
|
19 | | (g) (Blank). |
20 | | (h) (Blank). |
21 | | (i)
Of the amounts collected as fines under subsection (b) |
22 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
23 | | deposited into the Illinois Military Family Relief Fund and 1% |
24 | | shall be deposited into the Circuit Court Clerk Operation and |
25 | | Administrative Fund created by the Clerk of the Circuit Court |
26 | | to be used to offset the costs incurred by the Circuit Court |
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1 | | Clerk in performing the additional duties required to collect |
2 | | and disburse funds to entities of State and local government as |
3 | | provided by law.
|
4 | | (j) Any person convicted of, pleading guilty to, or placed |
5 | | on supervision for a serious traffic violation, as defined in |
6 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
7 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
8 | | a similar provision of a local ordinance shall pay an |
9 | | additional fee of $35, to be disbursed as provided in Section |
10 | | 16-104d of that Code. |
11 | | This subsection (j) becomes inoperative on January 1, 2020. |
12 | | (k) For any conviction or disposition of court supervision |
13 | | for a violation of Section 11-1429 of the Illinois Vehicle |
14 | | Code, the circuit clerk shall distribute the fines paid by the |
15 | | person as specified by subsection (h) of Section 11-1429 of the |
16 | | Illinois Vehicle Code. |
17 | | (l) Any person who receives a disposition of court |
18 | | supervision for a violation of Section 11-501 of the Illinois |
19 | | Vehicle Code or a similar provision of a local ordinance shall, |
20 | | in addition to any other fines, fees, and court costs, pay an |
21 | | additional fee of $50, which shall
be collected by the circuit |
22 | | clerk and then remitted to the State Treasurer for deposit into |
23 | | the Roadside Memorial Fund, a special fund in the State |
24 | | treasury. However, the court may waive the fee if full |
25 | | restitution is complied with. Subject to appropriation, all |
26 | | moneys in the Roadside Memorial Fund shall be used by the |
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1 | | Department of Transportation to pay fees imposed under |
2 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
3 | | fee shall be remitted by the circuit clerk within one month |
4 | | after receipt to the State Treasurer for deposit into the |
5 | | Roadside Memorial Fund. |
6 | | (m) Of the amounts collected as fines under subsection (c) |
7 | | of Section 411.4 of the Illinois Controlled Substances Act or |
8 | | subsection (c) of Section 90 of the Methamphetamine Control and |
9 | | Community Protection Act, 99% shall be deposited to the law |
10 | | enforcement agency or fund specified and 1% shall be deposited |
11 | | into the Circuit Court Clerk Operation and Administrative Fund |
12 | | to be used to offset the costs incurred by the Circuit Court |
13 | | Clerk in performing the additional duties required to collect |
14 | | and disburse funds to entities of State and local government as |
15 | | provided by law. |
16 | | (n) In addition to any other fines and court costs assessed |
17 | | by the courts, any person who is convicted of or pleads guilty |
18 | | to a violation of the Criminal Code of 1961 or the Criminal |
19 | | Code of 2012, or a similar provision of a local ordinance, or |
20 | | who is convicted of, pleads guilty to, or receives a |
21 | | disposition of court supervision for a violation of the |
22 | | Illinois Vehicle Code, or a similar provision of a local |
23 | | ordinance, shall pay an additional fee of $15 to the clerk of |
24 | | the circuit court. This additional fee of $15 shall not be |
25 | | considered a part of the fine for purposes of any reduction in |
26 | | the fine for time served either before or after sentencing. |
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1 | | This amount, less 2.5% that shall be used to defray |
2 | | administrative costs incurred by the clerk, shall be remitted |
3 | | by the clerk to the State Treasurer within 60 days after |
4 | | receipt for deposit into the State Police Merit Board Public |
5 | | Safety Fund. |
6 | | (o) The amounts collected as fines under Sections 10-9, |
7 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
8 | | be collected by the circuit clerk and distributed as provided |
9 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
10 | | lieu of any disbursement under subsection (a) of this Section. |
11 | | (p) In addition to any other fees and penalties imposed, |
12 | | any person who is convicted of or pleads guilty to a violation |
13 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 |
14 | | shall pay an additional fee of $250 to the clerk of the circuit |
15 | | court. This additional fee of $250 shall not be considered a |
16 | | part of the fine for purposes of any reduction in the fine for |
17 | | time served either before or after sentencing. This amount, |
18 | | less 2.5% that shall be used to defray administrative costs |
19 | | incurred by the clerk, shall be remitted by the clerk to the |
20 | | Department of Insurance within 60 days after receipt for |
21 | | deposit into the George Bailey Memorial Fund. |
22 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; |
23 | | 99-78, 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, |
25 | | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
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1 | | 98-658, 98-1013, 99-78, and 99-455) |
2 | | Sec. 27.6. (a) All fees, fines, costs, additional |
3 | | penalties, bail balances
assessed or forfeited, and any other |
4 | | amount paid by a person to the circuit
clerk equalling an |
5 | | amount of $55 or more, except the fine imposed by Section |
6 | | 5-9-1.15
of the Unified Code of Corrections, the additional fee |
7 | | required
by subsections (b) and (c), restitution under Section |
8 | | 5-5-6 of the
Unified Code of Corrections, contributions to a |
9 | | local anti-crime program ordered pursuant to Section |
10 | | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
11 | | Corrections, reimbursement for the costs of an emergency
|
12 | | response as provided under Section 11-501 of the Illinois |
13 | | Vehicle Code,
any fees collected for attending a traffic safety |
14 | | program under paragraph (c)
of Supreme Court Rule 529, any fee |
15 | | collected on behalf of a State's Attorney
under Section 4-2002 |
16 | | of the Counties Code or a sheriff under Section 4-5001
of the |
17 | | Counties Code, or any cost imposed under Section 124A-5 of the |
18 | | Code of
Criminal Procedure of 1963, for convictions, orders of |
19 | | supervision, or any
other disposition for a violation of |
20 | | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
21 | | similar provision of a local ordinance, and any
violation of |
22 | | the Child Passenger Protection Act, or a similar provision of a
|
23 | | local ordinance, and except as otherwise provided in this |
24 | | Section
shall be disbursed
within 60 days after receipt by the |
25 | | circuit
clerk as follows: 44.5% shall be disbursed to the |
26 | | entity authorized by law to
receive the fine imposed in the |
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1 | | case; 16.825% shall be disbursed to the State
Treasurer; and |
2 | | 38.675% shall be disbursed to the county's general corporate
|
3 | | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
4 | | shall be deposited
by the State Treasurer into the Violent |
5 | | Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
6 | | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
7 | | be deposited into the Drivers Education Fund, and 6.948/17 |
8 | | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
9 | | deposited into the
Trauma Center Fund from the 16.825% |
10 | | disbursed to the State Treasurer, 50% shall
be disbursed to the |
11 | | Department of Public Health and 50% shall be disbursed to
the |
12 | | Department of Healthcare and Family Services. For fiscal year |
13 | | 1993, amounts deposited into
the Violent Crime Victims |
14 | | Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
15 | | Fund, or the Drivers Education Fund shall not exceed 110%
of |
16 | | the amounts deposited into those funds in fiscal year 1991. Any
|
17 | | amount that exceeds the 110% limit shall be distributed as |
18 | | follows: 50%
shall be disbursed to the county's general |
19 | | corporate fund and 50% shall be
disbursed to the entity |
20 | | authorized by law to receive the fine imposed in
the case. Not |
21 | | later than March 1 of each year the circuit clerk
shall submit |
22 | | a report of the amount of funds remitted to the State
Treasurer |
23 | | under this Section during the preceding year based upon
|
24 | | independent verification of fines and fees. All counties shall |
25 | | be subject
to this Section, except that counties with a |
26 | | population under 2,000,000
may, by ordinance, elect not to be |
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1 | | subject to this Section. For offenses
subject to this Section, |
2 | | judges shall impose one total sum of money payable
for |
3 | | violations. The circuit clerk may add on no additional amounts |
4 | | except
for amounts that are required by Sections 27.3a and |
5 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
6 | | Code, and subsection (a) of Section 5-1101 of the Counties |
7 | | Code, unless those amounts are specifically waived by the |
8 | | judge. With
respect to money collected by the circuit clerk as |
9 | | a result of
forfeiture of bail, ex parte judgment or guilty |
10 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
11 | | shall first deduct and pay amounts
required by Sections 27.3a |
12 | | and 27.3c of this Act. Unless a court ordered payment schedule |
13 | | is implemented or fee requirements are waived pursuant to court |
14 | | order, the clerk of the court may add to any unpaid fees and |
15 | | costs a delinquency amount equal to 5% of the unpaid fees that |
16 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
17 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
18 | | unpaid after 90 days. Notice to those parties may be made by |
19 | | signage posting or publication. The additional delinquency |
20 | | amounts collected under this Section shall be deposited in the |
21 | | Circuit Court Clerk Operation and Administrative Fund to be |
22 | | used to defray administrative costs incurred by the circuit |
23 | | clerk in performing the duties required to collect and disburse |
24 | | funds. This Section is a denial
and limitation of home rule |
25 | | powers and functions under subsection (h) of
Section 6 of |
26 | | Article VII of the Illinois Constitution.
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1 | | (b) In addition to any other fines and court costs assessed |
2 | | by the courts,
any person convicted or receiving an order of |
3 | | supervision for driving under
the influence of alcohol or drugs |
4 | | shall pay an additional fee of $100 to the
clerk of the circuit |
5 | | court. This amount, less 2 1/2% that shall be used to
defray |
6 | | administrative costs incurred by the clerk, shall be remitted |
7 | | by the
clerk to the Treasurer within 60 days after receipt for |
8 | | deposit into the Trauma
Center Fund. This additional fee of |
9 | | $100 shall not be considered a part of the
fine for purposes of |
10 | | any reduction in the fine for time served either before or
|
11 | | after sentencing. Not later than March 1 of each year the |
12 | | Circuit Clerk shall
submit a report of the amount of funds |
13 | | remitted to the State Treasurer under
this subsection during |
14 | | the preceding calendar year.
|
15 | | (b-1) In addition to any other fines and court costs |
16 | | assessed by the courts,
any person convicted or receiving an |
17 | | order of supervision for driving under the
influence of alcohol |
18 | | or drugs shall pay an additional fee of $5 to the clerk
of the |
19 | | circuit court. This amount, less
2 1/2% that shall be used to |
20 | | defray administrative costs incurred by the clerk,
shall be |
21 | | remitted by the clerk to the Treasurer within 60 days after |
22 | | receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
23 | | Research Trust Fund.
This additional fee of $5 shall not
be |
24 | | considered a part of the fine for purposes of any reduction in |
25 | | the fine for
time served either before or after sentencing. Not |
26 | | later than March 1 of each
year the Circuit Clerk shall submit |
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1 | | a report of the amount of funds remitted to
the State Treasurer |
2 | | under this subsection during the preceding calendar
year.
|
3 | | (c) In addition to any other fines and court costs assessed |
4 | | by the courts,
any person convicted for a violation of Sections |
5 | | 24-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of
the Criminal Code of |
6 | | 1961 or the Criminal Code of 2012 or a person sentenced for a |
7 | | violation of the Cannabis
Control Act, the Illinois Controlled |
8 | | Substances Act, or the Methamphetamine Control and Community |
9 | | Protection Act
shall pay an additional fee of $100 to the clerk
|
10 | | of the circuit court. This amount, less
2 1/2% that shall be |
11 | | used to defray administrative costs incurred by the clerk,
|
12 | | shall be remitted by the clerk to the Treasurer within 60 days |
13 | | after receipt
for deposit into the Trauma Center Fund. This |
14 | | additional fee of $100 shall not
be considered a part of the |
15 | | fine for purposes of any reduction in the fine for
time served |
16 | | either before or after sentencing. Not later than March 1 of |
17 | | each
year the Circuit Clerk shall submit a report of the amount |
18 | | of funds remitted to
the State Treasurer under this subsection |
19 | | during the preceding calendar year.
|
20 | | (c-1) In addition to any other fines and court costs |
21 | | assessed by the
courts, any person sentenced for a violation of |
22 | | the Cannabis Control Act,
the Illinois Controlled Substances |
23 | | Act, or the Methamphetamine Control and Community Protection |
24 | | Act shall pay an additional fee of $5 to the
clerk of the |
25 | | circuit court. This amount, less 2 1/2% that shall be used to
|
26 | | defray administrative costs incurred by the clerk, shall be |
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1 | | remitted by the
clerk to the Treasurer within 60 days after |
2 | | receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
3 | | Research Trust Fund. This additional fee of $5
shall not be |
4 | | considered a part of the fine for purposes of any reduction in |
5 | | the
fine for time served either before or after sentencing. Not |
6 | | later than March 1
of each year the Circuit Clerk shall submit |
7 | | a report of the amount of funds
remitted to the State Treasurer |
8 | | under this subsection during the preceding
calendar year.
|
9 | | (d) The following amounts must be remitted to the State |
10 | | Treasurer 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 |
26 | | supervision for a violation of the Illinois Vehicle Code or a |
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1 | | similar provision of a local ordinance shall, in addition to |
2 | | any other fines, fees, and court costs, pay an additional fee |
3 | | of $29, to be disbursed as provided in Section 16-104c of the |
4 | | Illinois Vehicle Code. In addition to the fee of $29, the |
5 | | person shall also pay a fee of $6, if not waived by the court. |
6 | | If this $6 fee is collected, $5.50 of the fee shall be |
7 | | deposited into the Circuit Court Clerk Operation and |
8 | | Administrative Fund created by the Clerk of the Circuit Court |
9 | | and 50 cents of the fee shall be deposited into the Prisoner |
10 | | Review Board Vehicle and Equipment Fund in the State treasury.
|
11 | | (f) This Section does not apply to the additional child |
12 | | pornography fines assessed and collected under Section |
13 | | 5-9-1.14 of the Unified Code of Corrections.
|
14 | | (g) Any person convicted of or pleading guilty to a serious |
15 | | traffic violation, as defined in Section 1-187.001 of the |
16 | | Illinois Vehicle Code, shall pay an additional fee of $35, to |
17 | | be disbursed as provided in Section 16-104d of that Code. This |
18 | | subsection (g) becomes inoperative on January 1, 2020. |
19 | | (h) In all counties having a population of 3,000,000 or |
20 | | more 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 |
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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) |
5 | | of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
6 | | deposited into the Illinois Military Family Relief Fund and 1% |
7 | | shall be deposited into the Circuit Court Clerk Operation and |
8 | | Administrative Fund created by the Clerk of the Circuit Court |
9 | | to be used to offset the costs incurred by the Circuit Court |
10 | | Clerk in performing the additional duties required to collect |
11 | | and disburse funds to entities of State and local government as |
12 | | provided by law.
|
13 | | (j) (Blank). |
14 | | (k) For any conviction or disposition of court supervision |
15 | | for a violation of Section 11-1429 of the Illinois Vehicle |
16 | | Code, the circuit clerk shall distribute the fines paid by the |
17 | | person as specified by subsection (h) of Section 11-1429 of the |
18 | | Illinois Vehicle Code. |
19 | | (l) Any person who receives a disposition of court |
20 | | supervision for a violation of Section 11-501 of the Illinois |
21 | | Vehicle Code or a similar provision of a local ordinance shall, |
22 | | in addition to any other fines, fees, and court costs, pay an |
23 | | additional fee of $50, which shall
be collected by the circuit |
24 | | clerk and then remitted to the State Treasurer for deposit into |
25 | | the Roadside Memorial Fund, a special fund in the State |
26 | | treasury. However, the court may waive the fee if full |
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1 | | restitution is complied with. Subject to appropriation, all |
2 | | moneys in the Roadside Memorial Fund shall be used by the |
3 | | Department of Transportation to pay fees imposed under |
4 | | subsection (f) of Section 20 of the Roadside Memorial Act. The |
5 | | fee shall be remitted by the circuit clerk within one month |
6 | | after receipt to the State Treasurer for deposit into the |
7 | | Roadside Memorial Fund. |
8 | | (m) Of the amounts collected as fines under subsection (c) |
9 | | of Section 411.4 of the Illinois Controlled Substances Act or |
10 | | subsection (c) of Section 90 of the Methamphetamine Control and |
11 | | Community Protection Act, 99% shall be deposited to the law |
12 | | enforcement agency or fund specified and 1% shall be deposited |
13 | | into the Circuit Court Clerk Operation and Administrative Fund |
14 | | to be used to offset the costs incurred by the Circuit Court |
15 | | Clerk in performing the additional duties required to collect |
16 | | and disburse funds to entities of State and local government as |
17 | | provided by law. |
18 | | (n) In addition to any other fines and court costs assessed |
19 | | by the courts, any person who is convicted of or pleads guilty |
20 | | to a violation of the Criminal Code of 1961 or the Criminal |
21 | | Code of 2012, or a similar provision of a local ordinance, or |
22 | | who is convicted of, pleads guilty to, or receives a |
23 | | disposition of court supervision for a violation of the |
24 | | Illinois Vehicle Code, or a similar provision of a local |
25 | | ordinance, shall pay an additional fee of $15 to the clerk of |
26 | | the circuit court. This additional fee of $15 shall not be |
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1 | | considered a part of the fine for purposes of any reduction in |
2 | | the fine for time served either before or after sentencing. |
3 | | This amount, less 2.5% that shall be used to defray |
4 | | administrative costs incurred by the clerk, shall be remitted |
5 | | by the clerk to the State Treasurer within 60 days after |
6 | | receipt for deposit into the State Police Merit Board Public |
7 | | Safety Fund. |
8 | | (o) The amounts collected as fines under Sections 10-9, |
9 | | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall |
10 | | be collected by the circuit clerk and distributed as provided |
11 | | under Section 5-9-1.21 of the Unified Code of Corrections in |
12 | | lieu of any disbursement under subsection (a) of this Section. |
13 | | (p) In addition to any other fees and penalties imposed, |
14 | | any person who is convicted of or pleads guilty to a violation |
15 | | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 |
16 | | shall pay an additional fee of $250 to the clerk of the circuit |
17 | | court. This additional fee of $250 shall not be considered a |
18 | | part of the fine for purposes of any reduction in the fine for |
19 | | time served either before or after sentencing. This amount, |
20 | | less 2.5% that shall be used to defray administrative costs |
21 | | incurred by the clerk, shall be remitted by the clerk to the |
22 | | Department of Insurance within 60 days after receipt for |
23 | | deposit into the George Bailey Memorial Fund. |
24 | | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; |
25 | | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.) |
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1 | | Section 20. The Criminal Code of 2012 is amended by |
2 | | changing Sections 24-1.1, 24-1.6, and 24-1.8 and by adding |
3 | | Section 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 |
6 | | felons Use or Possession of Weapons by Felons or
Persons in the |
7 | | Custody of the
Department of Corrections Facilities . |
8 | | (a) It is unlawful
for a person to knowingly possess on or |
9 | | about his person or on his land or
in his own abode or fixed |
10 | | place of business any weapon prohibited under
Section 24-1 of |
11 | | this Act or any firearm or any firearm ammunition if the
person |
12 | | has been convicted of a felony under the laws of this State or |
13 | | any
other jurisdiction. This Section shall not apply if the |
14 | | person has been
granted relief by the Director of the |
15 | | Department of State Police
under Section 10 of the Firearm |
16 | | Owners Identification
Card Act.
|
17 | | (b) (Blank). It is unlawful for any person confined in a |
18 | | penal institution,
which is a facility of the Illinois |
19 | | Department of Corrections, to possess
any weapon prohibited |
20 | | under Section 24-1 of this Code or any firearm or
firearm |
21 | | ammunition, regardless of the intent with which he possesses |
22 | | it.
|
23 | | (c) (Blank). It shall be an affirmative defense to a |
24 | | violation of subsection (b), that such possession was |
25 | | specifically authorized by rule,
regulation, or directive of |
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1 | | the Illinois Department of Corrections or order
issued pursuant |
2 | | thereto.
|
3 | | (d) (Blank). The defense of necessity is not available to a |
4 | | person who is charged
with a violation of subsection (b) of |
5 | | this 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 |
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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 |
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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 |
9 | | persons in the custody of the Department of Corrections |
10 | | facilities. |
11 | | (a) It is unlawful for any person confined in a penal |
12 | | institution, which is a facility of the Illinois Department of |
13 | | Corrections, to possess any weapon prohibited under Section |
14 | | 24-1 of this Code or any firearm or firearm ammunition, |
15 | | regardless of the intent with which he or she possesses it. |
16 | | (b) It is an affirmative defense to a violation of this |
17 | | Section that the possession was specifically authorized by |
18 | | rule, regulation, or directive of the Illinois Department of |
19 | | Corrections or order issued under that rule, regulation, or |
20 | | directive. |
21 | | (c) The defense of necessity is not available to a person |
22 | | who is charged with a violation of this Section. |
23 | | (d) Sentence. |
24 | | (1) Any person who violates this Section is guilty of a |
25 | | Class 1 felony, if he or she possesses any weapon prohibited |
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1 | | under Section 24-1 of this Code, a Class X felony if he or she |
2 | | possesses any firearm, firearm ammunition, or explosive, and a |
3 | | Class X felony for which the offender shall be sentenced to not |
4 | | less than 12 years and not more than 50 years when the firearm |
5 | | possessed is a machine gun. |
6 | | (2) A violation of this Section while wearing or in |
7 | | possession of body armor as defined in Section 33F-1 is a Class |
8 | | X felony punishable by a term of imprisonment of not less than |
9 | | 10 years and not more than 40 years. |
10 | | (3) The possession of each firearm or firearm ammunition in |
11 | | violation of this Section constitutes a single and separate |
12 | | violation. |
13 | | (4) A sentence of county impact incarceration under Section |
14 | | 5-8-1.2 of the Unified Code of Corrections is not authorized |
15 | | for 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 |
19 | | of 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 |
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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 |
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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 |
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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 |
8 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
9 | | (b) "Stun gun or taser" as used in this Section has the |
10 | | same definition
given to it in Section 24-1 of this Code. |
11 | | (c) This Section does not apply to or affect the |
12 | | transportation 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 |
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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 |
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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 |
6 | | Section 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 |
10 | | gang member. |
11 | | (a) A person
commits unlawful possession of a firearm by a |
12 | | street 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 |
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1 | | of a street gang. |
2 | | (b) Unlawful possession of a firearm by a street gang |
3 | | member is a Class 2 felony for which the person , if sentenced |
4 | | to a term of imprisonment, shall be sentenced to no less than 4 |
5 | | 3 years and no more than 10 years. A sentence of county impact |
6 | | incarceration under Section 5-8-1.2 of the Unified Code of |
7 | | Corrections is not authorized for a violation of this Section. |
8 | | A period of probation, a term of periodic imprisonment or |
9 | | conditional discharge shall not be imposed for the offense of |
10 | | unlawful possession of a firearm by a street gang member when |
11 | | the firearm was loaded or contained firearm ammunition and the |
12 | | court shall sentence the offender to not less than the minimum |
13 | | term 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 |
23 | | changing 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)
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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 |
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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 |
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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.
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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 |
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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 |
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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 |
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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 |
23 | | paragraph (3) may be selected to receive the credit at
the |
24 | | Director's or his or her designee's sole discretion.
|
25 | | Consideration may be based on, but not limited to, any
|
26 | | available risk assessment analysis on the inmate, any history |
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1 | | of conviction for violent crimes as defined by the Rights of |
2 | | Crime Victims and Witnesses Act, facts and circumstances of the |
3 | | inmate's holding offense or offenses, and the potential for |
4 | | rehabilitation. |
5 | | The Director shall not award sentence credit under this |
6 | | paragraph (3) to an inmate unless the inmate has served a |
7 | | minimum of 60 days of the sentence; except nothing in this |
8 | | paragraph shall be construed to permit the Director to extend |
9 | | an inmate's sentence beyond that which was imposed by the |
10 | | court. Prior to awarding credit under this paragraph (3), the |
11 | | Director 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 |
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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 |
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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 |
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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 |
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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 |
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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
|
2 | | several convictions, with separate sentences, the sentences
|
3 | | shall be construed under Section 5-8-4 in granting and
|
4 | | forfeiting of sentence credit.
|
5 | | (c) The Department shall prescribe rules and regulations
|
6 | | for revoking sentence credit, including revoking sentence |
7 | | credit awarded for good conduct under paragraph (3) of |
8 | | subsection (a) of this Section. The Department shall prescribe |
9 | | rules and regulations for suspending or reducing
the rate of |
10 | | accumulation of sentence credit for specific
rule violations, |
11 | | during imprisonment. These rules and regulations
shall provide |
12 | | that no inmate may be penalized more than one
year of sentence |
13 | | credit for any one infraction.
|
14 | | When the Department seeks to revoke, suspend or reduce
the |
15 | | rate of accumulation of any sentence credits for
an alleged |
16 | | infraction of its rules, it shall bring charges
therefor |
17 | | against the prisoner sought to be so deprived of
sentence |
18 | | credits before the Prisoner Review Board as
provided in |
19 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
20 | | amount of credit at issue exceeds 30 days or
when during any 12 |
21 | | month period, the cumulative amount of
credit revoked exceeds |
22 | | 30 days except where the infraction is committed
or discovered |
23 | | within 60 days of scheduled release. In those cases,
the |
24 | | Department of Corrections may revoke up to 30 days of sentence |
25 | | credit.
The Board may subsequently approve the revocation of |
26 | | additional sentence credit, if the Department seeks to revoke |
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1 | | sentence credit in
excess of 30 days. However, the Board shall |
2 | | not be empowered to review the
Department's decision with |
3 | | respect to the loss of 30 days of sentence
credit within any |
4 | | calendar year for any prisoner or to increase any penalty
|
5 | | beyond the length requested by the Department.
|
6 | | The Director of the Department of Corrections, in |
7 | | appropriate cases, may
restore up to 30 days of sentence |
8 | | credits which have been revoked, suspended
or reduced. Any |
9 | | restoration of sentence credits in excess of 30 days shall
be |
10 | | subject to review by the Prisoner Review Board. However, the |
11 | | Board may not
restore sentence credit in excess of the amount |
12 | | requested by the Director.
|
13 | | Nothing contained in this Section shall prohibit the |
14 | | Prisoner Review Board
from ordering, pursuant to Section |
15 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
16 | | sentence imposed by the court that was not served due to the
|
17 | | accumulation of sentence credit.
|
18 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
19 | | federal court
against the State, the Department of Corrections, |
20 | | or the Prisoner Review Board,
or against any of
their officers |
21 | | or employees, and the court makes a specific finding that a
|
22 | | pleading, motion, or other paper filed by the prisoner is |
23 | | frivolous, the
Department of Corrections shall conduct a |
24 | | hearing to revoke up to
180 days of sentence credit by bringing |
25 | | charges against the prisoner
sought to be deprived of the |
26 | | sentence credits before the Prisoner Review
Board as provided |
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1 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
2 | | prisoner has not accumulated 180 days of sentence credit at the
|
3 | | time of the finding, then the Prisoner Review Board may revoke |
4 | | all
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 |
15 | | validity of Public Act 89-404.
|
16 | | (f) Whenever the Department is to release any inmate who |
17 | | has been convicted of a violation of an order of protection |
18 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
19 | | the Criminal Code of 2012, earlier than it
otherwise would |
20 | | because of a grant of sentence credit, the Department, as a |
21 | | condition of release, shall require that the person, upon |
22 | | release, be placed under electronic surveillance as provided in |
23 | | Section 5-8A-7 of this Code. |
24 | | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, |
25 | | eff. 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)
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2 | | Sec. 5-5-3. Disposition.
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3 | | (a) (Blank).
|
4 | | (b) (Blank).
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5 | | (c) (1) (Blank).
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6 | | (2) A period of probation, a term of periodic imprisonment |
7 | | or
conditional discharge shall not be imposed for the following |
8 | | offenses.
The court shall sentence the offender to not less |
9 | | than the minimum term
of imprisonment set forth in this Code |
10 | | for the following offenses, and
may order a fine or restitution |
11 | | or both in conjunction with such term of
imprisonment:
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12 | | (A) First degree murder where the death penalty is not |
13 | | imposed.
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14 | | (B) Attempted first degree murder.
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15 | | (C) A Class X felony.
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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.
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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.
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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.
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19 | | (H) Criminal sexual assault.
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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.
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23 | | (J) A forcible felony if the offense was related to the |
24 | | activities of an
organized gang.
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25 | | Before July 1, 1994, for the purposes of this |
26 | | paragraph, "organized
gang" means an association of 5 or |
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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.
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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.
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9 | | (K) Vehicular hijacking.
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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.
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14 | | (M) A second or subsequent conviction for the offense |
15 | | of institutional
vandalism if the damage to the property |
16 | | exceeds $300.
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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.
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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.
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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.
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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 |
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1 | | Code of
1961 or the Criminal Code of 2012.
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2 | | (R) A violation of Section 24-3A of the Criminal Code |
3 | | of
1961 or the Criminal Code of 2012.
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4 | | (S) (Blank).
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5 | | (T) A second or subsequent violation of the |
6 | | Methamphetamine Control and Community Protection Act.
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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.
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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 |
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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.
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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).
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1 | | (4) A minimum term of imprisonment of not less than 10
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2 | | consecutive days or 30 days of community service shall be |
3 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
4 | | the Illinois Vehicle Code.
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5 | | (4.1) (Blank).
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6 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
7 | | this subsection (c), a
minimum of
100 hours of community |
8 | | service shall be imposed for a second violation of
Section |
9 | | 6-303
of the Illinois Vehicle Code.
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10 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
11 | | hours of community
service, as determined by the court, shall
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12 | | be imposed for a second violation of subsection (c) of Section |
13 | | 6-303 of the
Illinois Vehicle Code.
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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 |
16 | | 30 days or 300 hours of community service, as
determined by the |
17 | | court, shall
be imposed
for a third or subsequent violation of |
18 | | Section 6-303 of the Illinois Vehicle
Code.
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19 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
20 | | imposed for a third violation of subsection (c) of
Section |
21 | | 6-303 of the Illinois Vehicle Code.
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22 | | (4.6) Except as provided in paragraph (4.10) of this |
23 | | subsection (c), a minimum term of imprisonment of 180 days |
24 | | shall be imposed for a
fourth or subsequent violation of |
25 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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26 | | (4.7) A minimum term of imprisonment of not less than 30 |
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1 | | consecutive days, or 300 hours of community service, shall be |
2 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
3 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
4 | | that Section.
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5 | | (4.8) A mandatory prison sentence shall be imposed for a |
6 | | second violation of subsection (a-5) of Section 6-303 of the |
7 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
8 | | Section. The person's driving privileges shall be revoked for a |
9 | | period of not less than 5 years from the date of his or her |
10 | | release from prison.
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11 | | (4.9) A mandatory prison sentence of not less than 4 and |
12 | | not more than 15 years shall be imposed for a third violation |
13 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
14 | | Code, as provided in subsection (d-2.5) of that Section. The |
15 | | person's driving privileges shall be revoked for the remainder |
16 | | of his or her life.
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17 | | (4.10) A mandatory prison sentence for a Class 1 felony |
18 | | shall be imposed, and the person shall be eligible for an |
19 | | extended term sentence, for a fourth or subsequent violation of |
20 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
21 | | as provided in subsection (d-3.5) of that Section. The person's |
22 | | driving privileges shall be revoked for the remainder of his or |
23 | | her life.
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24 | | (5) The court may sentence a corporation or unincorporated
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25 | | association convicted of any offense to:
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26 | | (A) a period of conditional discharge;
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1 | | (B) a fine;
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2 | | (C) make restitution to the victim under Section 5-5-6 |
3 | | of this Code.
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4 | | (5.1) In addition to any other penalties imposed, and |
5 | | except as provided in paragraph (5.2) or (5.3), a person
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6 | | convicted of violating subsection (c) of Section 11-907 of the |
7 | | Illinois
Vehicle Code shall have his or her driver's license, |
8 | | permit, or privileges
suspended for at least 90 days but not |
9 | | more than one year, if the violation
resulted in damage to the |
10 | | property of another person.
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11 | | (5.2) In addition to any other penalties imposed, and |
12 | | except as provided in paragraph (5.3), a person convicted
of |
13 | | violating subsection (c) of Section 11-907 of the Illinois |
14 | | Vehicle Code
shall have his or her driver's license, permit, or |
15 | | privileges suspended for at
least 180 days but not more than 2 |
16 | | years, if the violation resulted in injury
to
another person.
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17 | | (5.3) In addition to any other penalties imposed, a person |
18 | | convicted of violating subsection (c) of Section
11-907 of the |
19 | | Illinois Vehicle Code shall have his or her driver's license,
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20 | | permit, or privileges suspended for 2 years, if the violation |
21 | | resulted in the
death of another person.
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22 | | (5.4) In addition to any other penalties imposed, a person |
23 | | convicted of violating Section 3-707 of the Illinois Vehicle |
24 | | Code shall have his or her driver's license, permit, or |
25 | | privileges suspended for 3 months and until he or she has paid |
26 | | a reinstatement fee of $100. |
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1 | | (5.5) In addition to any other penalties imposed, a person |
2 | | convicted of violating Section 3-707 of the Illinois Vehicle |
3 | | Code during a period in which his or her driver's license, |
4 | | permit, or privileges were suspended for a previous violation |
5 | | of that Section shall have his or her driver's license, permit, |
6 | | or privileges suspended for an additional 6 months after the |
7 | | expiration of the original 3-month suspension and until he or |
8 | | she has paid a reinstatement fee of $100.
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9 | | (6) (Blank).
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10 | | (7) (Blank).
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11 | | (8) (Blank).
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12 | | (9) A defendant convicted of a second or subsequent offense |
13 | | of ritualized
abuse of a child may be sentenced to a term of |
14 | | natural life imprisonment.
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15 | | (10) (Blank).
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16 | | (11) The court shall impose a minimum fine of $1,000 for a |
17 | | first offense
and $2,000 for a second or subsequent offense |
18 | | upon a person convicted of or
placed on supervision for battery |
19 | | when the individual harmed was a sports
official or coach at |
20 | | any level of competition and the act causing harm to the
sports
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21 | | official or coach occurred within an athletic facility or |
22 | | within the immediate vicinity
of the athletic facility at which |
23 | | the sports official or coach was an active
participant
of the |
24 | | athletic contest held at the athletic facility. For the |
25 | | purposes of
this paragraph (11), "sports official" means a |
26 | | person at an athletic contest
who enforces the rules of the |
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1 | | contest, such as an umpire or referee; "athletic facility" |
2 | | means an indoor or outdoor playing field or recreational area |
3 | | where sports activities are conducted;
and "coach" means a |
4 | | person recognized as a coach by the sanctioning
authority that |
5 | | conducted the sporting event. |
6 | | (12) A person may not receive a disposition of court |
7 | | supervision for a
violation of Section 5-16 of the Boat |
8 | | Registration and Safety Act if that
person has previously |
9 | | received a disposition of court supervision for a
violation of |
10 | | that Section.
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11 | | (13) A person convicted of or placed on court supervision |
12 | | for an assault or aggravated assault when the victim and the |
13 | | offender are family or household members as defined in Section |
14 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
15 | | of domestic battery or aggravated domestic battery may be |
16 | | required to attend a Partner Abuse Intervention Program under |
17 | | protocols set forth by the Illinois Department of Human |
18 | | Services under such terms and conditions imposed by the court. |
19 | | The costs of such classes shall be paid by the offender.
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20 | | (d) In any case in which a sentence originally imposed is |
21 | | vacated,
the case shall be remanded to the trial court. The |
22 | | trial court shall
hold a hearing under Section 5-4-1 of the |
23 | | Unified Code of Corrections
which may include evidence of the |
24 | | defendant's life, moral character and
occupation during the |
25 | | time since the original sentence was passed. The
trial court |
26 | | shall then impose sentence upon the defendant. The trial
court |
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1 | | may impose any sentence which could have been imposed at the
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2 | | original trial subject to Section 5-5-4 of the Unified Code of |
3 | | Corrections.
If a sentence is vacated on appeal or on |
4 | | collateral attack due to the
failure of the trier of fact at |
5 | | trial to determine beyond a reasonable doubt
the
existence of a |
6 | | fact (other than a prior conviction) necessary to increase the
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7 | | punishment for the offense beyond the statutory maximum |
8 | | otherwise applicable,
either the defendant may be re-sentenced |
9 | | to a term within the range otherwise
provided or, if the State |
10 | | files notice of its intention to again seek the
extended |
11 | | sentence, the defendant shall be afforded a new trial.
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12 | | (e) In cases where prosecution for
aggravated criminal |
13 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
14 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
15 | | of a defendant
who was a family member of the victim at the |
16 | | time of the commission of the
offense, the court shall consider |
17 | | the safety and welfare of the victim and
may impose a sentence |
18 | | of probation only where:
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19 | | (1) the court finds (A) or (B) or both are appropriate:
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20 | | (A) the defendant is willing to undergo a court |
21 | | approved counseling
program for a minimum duration of 2 |
22 | | years; or
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23 | | (B) the defendant is willing to participate in a |
24 | | court approved plan
including but not limited to the |
25 | | defendant's:
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26 | | (i) removal from the household;
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1 | | (ii) restricted contact with the victim;
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2 | | (iii) continued financial support of the |
3 | | family;
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4 | | (iv) restitution for harm done to the victim; |
5 | | and
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6 | | (v) compliance with any other measures that |
7 | | the court may
deem appropriate; and
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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.
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15 | | Probation may be revoked or modified pursuant to Section |
16 | | 5-6-4; except
where the court determines at the hearing that |
17 | | the defendant violated a
condition of his or her probation |
18 | | restricting contact with the victim or
other family members or |
19 | | commits another offense with the victim or other
family |
20 | | members, the court shall revoke the defendant's probation and
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21 | | impose a term of imprisonment.
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22 | | For the purposes of this Section, "family member" and |
23 | | "victim" shall have
the meanings ascribed to them in Section |
24 | | 11-0.1 of the Criminal Code of
2012.
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25 | | (f) (Blank).
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26 | | (g) Whenever a defendant is convicted of an offense under |
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1 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
2 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
3 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
4 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
5 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012,
the defendant shall undergo medical |
7 | | testing to
determine whether the defendant has any sexually |
8 | | transmissible disease,
including a test for infection with |
9 | | human immunodeficiency virus (HIV) or
any other identified |
10 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
11 | | Any such medical test shall be performed only by appropriately
|
12 | | licensed medical practitioners and may include an analysis of |
13 | | any bodily
fluids as well as an examination of the defendant's |
14 | | person.
Except as otherwise provided by law, the results of |
15 | | such test shall be kept
strictly confidential by all medical |
16 | | personnel involved in the testing and must
be personally |
17 | | delivered in a sealed envelope to the judge of the court in |
18 | | which
the conviction was entered for the judge's inspection in |
19 | | camera. Acting in
accordance with the best interests of the |
20 | | victim and the public, the judge
shall have the discretion to |
21 | | determine to whom, if anyone, the results of the
testing may be |
22 | | revealed. The court shall notify the defendant
of the test |
23 | | results. The court shall
also notify the victim if requested by |
24 | | the victim, and if the victim is under
the age of 15 and if |
25 | | requested by the victim's parents or legal guardian, the
court |
26 | | shall notify the victim's parents or legal guardian of the test
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1 | | results.
The court shall provide information on the |
2 | | availability of HIV testing
and counseling at Department of |
3 | | Public Health facilities to all parties to
whom the results of |
4 | | the testing are revealed and shall direct the State's
Attorney |
5 | | to provide the information to the victim when possible.
A |
6 | | State's Attorney may petition the court to obtain the results |
7 | | of any HIV test
administered under this Section, and the court |
8 | | shall grant the disclosure if
the State's Attorney shows it is |
9 | | relevant in order to prosecute a charge of
criminal |
10 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
12 | | defendant. The court shall order that the cost of any such test
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13 | | shall be paid by the county and may be taxed as costs against |
14 | | the convicted
defendant.
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15 | | (g-5) When an inmate is tested for an airborne communicable |
16 | | disease, as
determined by the Illinois Department of Public |
17 | | Health including but not
limited to tuberculosis, the results |
18 | | of the test shall be
personally delivered by the warden or his |
19 | | or her designee in a sealed envelope
to the judge of the court |
20 | | in which the inmate must appear for the judge's
inspection in |
21 | | camera if requested by the judge. Acting in accordance with the
|
22 | | best interests of those in the courtroom, the judge shall have |
23 | | the discretion
to determine what if any precautions need to be |
24 | | taken to prevent transmission
of the disease in the courtroom.
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25 | | (h) Whenever a defendant is convicted of an offense under |
26 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
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1 | | defendant shall undergo
medical testing to determine whether |
2 | | the defendant has been exposed to human
immunodeficiency virus |
3 | | (HIV) or any other identified causative agent of
acquired |
4 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
5 | | by
law, the results of such test shall be kept strictly |
6 | | confidential by all
medical personnel involved in the testing |
7 | | and must be personally delivered in a
sealed envelope to the |
8 | | judge of the court in which the conviction was entered
for the |
9 | | judge's inspection in camera. Acting in accordance with the |
10 | | best
interests of the public, the judge shall have the |
11 | | discretion to determine to
whom, if anyone, the results of the |
12 | | testing may be revealed. The court shall
notify the defendant |
13 | | of a positive test showing an infection with the human
|
14 | | immunodeficiency virus (HIV). The court shall provide |
15 | | information on the
availability of HIV testing and counseling |
16 | | at Department of Public Health
facilities to all parties to |
17 | | whom the results of the testing are revealed and
shall direct |
18 | | the State's Attorney to provide the information to the victim |
19 | | when
possible. A State's Attorney may petition the court to |
20 | | obtain the results of
any HIV test administered under this |
21 | | Section, and the court shall grant the
disclosure if the |
22 | | State's Attorney shows it is relevant in order to prosecute a
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23 | | charge of criminal transmission of HIV under Section 12-5.01 or |
24 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
25 | | 2012 against the defendant. The court shall order that the cost |
26 | | of any
such test shall be paid by the county and may be taxed as |
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1 | | costs against the
convicted defendant.
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2 | | (i) All fines and penalties imposed under this Section for |
3 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
4 | | Vehicle Code, or a similar
provision of a local ordinance, and |
5 | | any violation
of the Child Passenger Protection Act, or a |
6 | | similar provision of a local
ordinance, shall be collected and |
7 | | disbursed by the circuit
clerk as provided under Section 27.5 |
8 | | of the Clerks of Courts Act.
|
9 | | (j) In cases when prosecution for any violation of Section |
10 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
11 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
12 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
13 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
14 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
15 | | Code of 2012, any violation of the Illinois Controlled |
16 | | Substances Act,
any violation of the Cannabis Control Act, or |
17 | | any violation of the Methamphetamine Control and Community |
18 | | Protection Act results in conviction, a
disposition of court |
19 | | supervision, or an order of probation granted under
Section 10 |
20 | | of the Cannabis Control Act, Section 410 of the Illinois
|
21 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
22 | | Control and Community Protection Act of a defendant, the court |
23 | | shall determine whether the
defendant is employed by a facility |
24 | | or center as defined under the Child Care
Act of 1969, a public |
25 | | or private elementary or secondary school, or otherwise
works |
26 | | with children under 18 years of age on a daily basis. When a |
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1 | | defendant
is so employed, the court shall order the Clerk of |
2 | | the Court to send a copy of
the judgment of conviction or order |
3 | | of supervision or probation to the
defendant's employer by |
4 | | certified mail.
If the employer of the defendant is a school, |
5 | | the Clerk of the Court shall
direct the mailing of a copy of |
6 | | the judgment of conviction or order of
supervision or probation |
7 | | to the appropriate regional superintendent of schools.
The |
8 | | regional superintendent of schools shall notify the State Board |
9 | | of
Education of any notification under this subsection.
|
10 | | (j-5) A defendant at least 17 years of age who is convicted |
11 | | of a felony and
who has not been previously convicted of a |
12 | | misdemeanor or felony and who is
sentenced to a term of |
13 | | imprisonment in the Illinois Department of Corrections
shall as |
14 | | a condition of his or her sentence be required by the court to |
15 | | attend
educational courses designed to prepare the defendant |
16 | | for a high school diploma
and to work toward a high school |
17 | | diploma or to work toward passing high school equivalency |
18 | | testing or to work toward
completing a vocational training |
19 | | program offered by the Department of
Corrections. If a |
20 | | defendant fails to complete the educational training
required |
21 | | by his or her sentence during the term of incarceration, the |
22 | | Prisoner
Review Board shall, as a condition of mandatory |
23 | | supervised release, require the
defendant, at his or her own |
24 | | expense, to pursue a course of study toward a high
school |
25 | | diploma or passage of high school equivalency testing. The |
26 | | Prisoner Review Board shall
revoke the mandatory supervised |
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1 | | release of a defendant who wilfully fails to
comply with this |
2 | | subsection (j-5) upon his or her release from confinement in a
|
3 | | penal institution while serving a mandatory supervised release |
4 | | term; however,
the inability of the defendant after making a |
5 | | good faith effort to obtain
financial aid or pay for the |
6 | | educational training shall not be deemed a wilful
failure to |
7 | | comply. The Prisoner Review Board shall recommit the defendant
|
8 | | whose mandatory supervised release term has been revoked under |
9 | | this subsection
(j-5) as provided in Section 3-3-9. This |
10 | | subsection (j-5) does not apply to a
defendant who has a high |
11 | | school diploma or has successfully passed high school |
12 | | equivalency testing. This subsection (j-5) does not apply to a |
13 | | defendant who is determined by
the court to be a person with a |
14 | | developmental disability or otherwise mentally incapable of
|
15 | | completing 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 |
19 | | Immigration and Nationality Act, is convicted
of any felony or |
20 | | misdemeanor offense, the court after sentencing the defendant
|
21 | | may, upon motion of the State's Attorney, hold sentence in |
22 | | abeyance and remand
the defendant to the custody of the |
23 | | Attorney General of
the United States or his or her designated |
24 | | agent 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
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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 |
6 | | this Chapter V.
|
7 | | (B) If the defendant has already been sentenced for a |
8 | | felony or
misdemeanor
offense, or has been placed on probation |
9 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
10 | | the Illinois Controlled Substances Act, or Section 70 of the |
11 | | Methamphetamine Control and Community Protection Act, the |
12 | | court
may, upon motion of the State's Attorney to suspend the
|
13 | | sentence imposed, commit the defendant to the custody of the |
14 | | Attorney General
of the United States or his or her designated |
15 | | agent 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.
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22 | | (C) This subsection (l) does not apply to offenders who are |
23 | | subject to the
provisions of paragraph (2) of subsection (a) of |
24 | | Section 3-6-3.
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25 | | (D) Upon motion of the State's Attorney, if a defendant |
26 | | sentenced under
this Section returns to the jurisdiction of the |
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1 | | United States, the defendant
shall be recommitted to the |
2 | | custody of the county from which he or she was
sentenced.
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3 | | Thereafter, the defendant shall be brought before the |
4 | | sentencing court, which
may impose any sentence that was |
5 | | available under Section 5-5-3 at the time of
initial |
6 | | sentencing. In addition, the defendant shall not be eligible |
7 | | for
additional sentence credit for good conduct as provided |
8 | | under
Section 3-6-3.
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9 | | (m) A person convicted of criminal defacement of property |
10 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
11 | | Criminal Code of 2012, in which the property damage exceeds |
12 | | $300
and the property damaged is a school building, shall be |
13 | | ordered to perform
community service that may include cleanup, |
14 | | removal, or painting over the
defacement.
|
15 | | (n) The court may sentence a person convicted of a |
16 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
17 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
18 | | of 1961 or the Criminal Code of 2012 (i) to an impact
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19 | | incarceration program if the person is otherwise eligible for |
20 | | that program
under Section 5-8-1.1, (ii) to community service, |
21 | | or (iii) if the person is an
addict or alcoholic, as defined in |
22 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
23 | | substance or alcohol abuse program licensed under that
Act. |
24 | | (o) Whenever a person is convicted of a sex offense as |
25 | | defined in Section 2 of the Sex Offender Registration Act, the |
26 | | defendant's driver's license or permit shall be subject to |
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1 | | renewal on an annual basis in accordance with the provisions of |
2 | | license renewal established by the Secretary of State.
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3 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
4 | | 99-143, eff. 7-27-15.)
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5 | | (730 ILCS 5/5-9-1.10)
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6 | | Sec. 5-9-1.10. Additional fines. There shall be added to |
7 | | every penalty
imposed in sentencing for a violation of Sections |
8 | | 24-1.1, 24-1.1-5, 24-1.2, or
24-1.5 of the Criminal Code of |
9 | | 1961 or the Criminal Code of 2012 an additional fine of $100 |
10 | | payable to the
clerk, which shall be imposed upon the entry of |
11 | | a judgment of conviction.
This additional fee, less 2 1/2% that |
12 | | shall be
used to defray administrative costs incurred by the |
13 | | clerk, shall be remitted by
the clerk to the Treasurer within |
14 | | 60 days after receipt for deposit into the
Trauma Center Fund. |
15 | | This additional fee of $100 shall not be
considered a part of |
16 | | the
fine for purposes of any reduction in the fine for time |
17 | | served either before or
after sentencing.
Not later than March |
18 | | 1 of each year the circuit clerk
shall submit a report of the |
19 | | amount of funds remitted to the State
Treasurer under this |
20 | | Section during the preceding calendar year.
All moneys
|
21 | | collected by the circuit clerk and remitted to the State |
22 | | Treasurer under
Section 27.6 of the Clerks of Courts Act shall |
23 | | be deposited into
the Trauma
Center Fund for distribution as |
24 | | provided under Section 3.225 of the Emergency
Medical Services |
25 | | (EMS) Systems Act.
|