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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||
5 | Sections 24-1.1, 24-1.6, 24-1.7, 24-1.8, 24-3, 24-3.3, 24-3.7, | ||||||||||||||||||||||||
6 | and 24-3.8 as follows:
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7 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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8 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||||||||||||||||||||
9 | Felons or
Persons in the Custody of the
Department of | ||||||||||||||||||||||||
10 | Corrections Facilities. | ||||||||||||||||||||||||
11 | (a) It is unlawful
for a person to knowingly possess on or | ||||||||||||||||||||||||
12 | about his person or on his land or
in his own abode or fixed | ||||||||||||||||||||||||
13 | place of business any weapon prohibited under
Section 24-1 of | ||||||||||||||||||||||||
14 | this Act or any firearm or any firearm ammunition if the
person | ||||||||||||||||||||||||
15 | has been convicted of a felony under the laws of this State or | ||||||||||||||||||||||||
16 | any
other jurisdiction. This Section shall not apply if the | ||||||||||||||||||||||||
17 | person has been
granted relief by the Director of the | ||||||||||||||||||||||||
18 | Department of State Police
under Section 10 of the Firearm | ||||||||||||||||||||||||
19 | Owners Identification
Card Act.
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20 | (b) It is unlawful for any person confined in a penal | ||||||||||||||||||||||||
21 | institution,
which is a facility of the Illinois Department of | ||||||||||||||||||||||||
22 | Corrections, to possess
any weapon prohibited under Section | ||||||||||||||||||||||||
23 | 24-1 of this Code or any firearm or
firearm ammunition, |
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| |||||||
1 | regardless of the intent with which he possesses it.
| ||||||
2 | (c) It shall be an affirmative defense to a violation of | ||||||
3 | subsection (b), that such possession was specifically | ||||||
4 | authorized by rule,
regulation, or directive of the Illinois | ||||||
5 | Department of Corrections or order
issued pursuant thereto.
| ||||||
6 | (d) The defense of necessity is not available to a person | ||||||
7 | who is charged
with a violation of subsection (b) of this | ||||||
8 | Section.
| ||||||
9 | (e) Sentence. Violation of this Section by a person not | ||||||
10 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
11 | which the person shall be sentenced to no less than 4 2 years | ||||||
12 | and no
more than 10 years and any second or subsequent | ||||||
13 | violation shall be a Class 2 felony for which the person shall | ||||||
14 | be sentenced to a term of imprisonment of not less than 5 3 | ||||||
15 | years and not more than 14 years. Violation of this Section by | ||||||
16 | a person not confined in a
penal institution who has been | ||||||
17 | convicted of a forcible felony, a felony
violation of Article | ||||||
18 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
19 | Act, stalking or aggravated stalking, or a Class 2 or greater | ||||||
20 | felony
under the Illinois Controlled Substances Act, the | ||||||
21 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
22 | Community Protection Act is a
Class 2 felony for which the | ||||||
23 | person
shall be sentenced to not less than 3 years and not more | ||||||
24 | than 14 years.
Violation of this Section by a person who is on | ||||||
25 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
26 | which the person shall be sentenced to not less than 5 3 years |
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| |||||||
1 | and not more than 14
years. Violation of this Section by a | ||||||
2 | person not confined in a penal
institution is a Class X felony | ||||||
3 | when the firearm possessed is a machine gun.
Any person who | ||||||
4 | violates this Section while confined in a penal
institution, | ||||||
5 | which is a facility of the Illinois Department of
Corrections, | ||||||
6 | is guilty of a Class 1
felony, if he possesses any weapon | ||||||
7 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
8 | intent with which he possesses it, a Class X
felony if he | ||||||
9 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
10 | Class X felony for which the offender shall be sentenced to not | ||||||
11 | less than 12
years and not more than 50 years when the firearm | ||||||
12 | possessed is a machine
gun. A violation of this Section while | ||||||
13 | wearing or in possession of body armor as defined in Section | ||||||
14 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
15 | of not less than 10 years and not more than 40 years.
The | ||||||
16 | possession of each firearm or firearm ammunition in violation | ||||||
17 | of this Section constitutes a single and separate violation.
| ||||||
18 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
19 | (720 ILCS 5/24-1.6) | ||||||
20 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
21 | (a) A person commits the offense of aggravated unlawful use | ||||||
22 | of a weapon when
he or she knowingly: | ||||||
23 | (1) Carries on or about his or her person or in any | ||||||
24 | vehicle or concealed
on or about his or her person except | ||||||
25 | when on his or her land or in his or her
abode, legal |
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| |||||||
1 | dwelling, or fixed place of business, or on the land or in | ||||||
2 | the legal dwelling of another person as an invitee with | ||||||
3 | that person's permission, any pistol, revolver, stun gun or | ||||||
4 | taser or
other firearm; or | ||||||
5 | (2) Carries or possesses on or about his or her person, | ||||||
6 | upon any public
street, alley, or other public lands within | ||||||
7 | the corporate limits of a city,
village or incorporated | ||||||
8 | town, except when an invitee thereon or therein, for
the | ||||||
9 | purpose of the display of such weapon or the lawful | ||||||
10 | commerce in weapons, or
except when on his or her own land | ||||||
11 | or in his or her own abode, legal dwelling, or fixed place | ||||||
12 | of
business, or on the land or in the legal dwelling of | ||||||
13 | another person as an invitee with that person's permission, | ||||||
14 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
15 | and | ||||||
16 | (3) One of the following factors is present: | ||||||
17 | (A) the firearm, other than a pistol, revolver, or | ||||||
18 | handgun, possessed was uncased, loaded, and | ||||||
19 | immediately accessible
at the time of the offense; or | ||||||
20 | (A-5) the pistol, revolver, or handgun possessed | ||||||
21 | was uncased, loaded, and immediately accessible
at the | ||||||
22 | time of the offense and the person possessing the | ||||||
23 | pistol, revolver, or handgun has not been issued a | ||||||
24 | currently valid license under the Firearm Concealed | ||||||
25 | Carry Act; or | ||||||
26 | (B) the firearm, other than a pistol, revolver, or |
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| |||||||
1 | handgun, possessed was uncased, unloaded, and the | ||||||
2 | ammunition for
the weapon was immediately accessible | ||||||
3 | at the time of the offense; or | ||||||
4 | (B-5) the pistol, revolver, or handgun possessed | ||||||
5 | was uncased, unloaded, and the ammunition for
the | ||||||
6 | weapon was immediately accessible at the time of the | ||||||
7 | offense and the person possessing the pistol, | ||||||
8 | revolver, or handgun has not been issued a currently | ||||||
9 | valid license under the Firearm Concealed Carry Act; or | ||||||
10 | (C) the person possessing the firearm has not been | ||||||
11 | issued a currently
valid Firearm Owner's | ||||||
12 | Identification Card; or | ||||||
13 | (D) the person possessing the weapon was | ||||||
14 | previously adjudicated
a delinquent minor under the | ||||||
15 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
16 | by an adult would be a felony; or | ||||||
17 | (E) the person possessing the weapon was engaged in | ||||||
18 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
19 | a misdemeanor violation of the Illinois Controlled | ||||||
20 | Substances
Act, or in a misdemeanor violation of the | ||||||
21 | Methamphetamine Control and Community Protection Act; | ||||||
22 | or | ||||||
23 | (F) (blank); or | ||||||
24 | (G) the person possessing the weapon had a order of | ||||||
25 | protection issued
against him or her within the | ||||||
26 | previous 2 years; or |
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| |||||||
1 | (H) the person possessing the weapon was engaged in | ||||||
2 | the commission or
attempted commission of
a | ||||||
3 | misdemeanor involving the use or threat of violence | ||||||
4 | against
the person or property of another; or | ||||||
5 | (I) the person possessing the weapon was under 21 | ||||||
6 | years of age and in
possession of a handgun, unless the | ||||||
7 | person under 21
is engaged in lawful activities under | ||||||
8 | the Wildlife Code or described in
subsection | ||||||
9 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
10 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
11 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
12 | (b) "Stun gun or taser" as used in this Section has the | ||||||
13 | same definition
given to it in Section 24-1 of this Code. | ||||||
14 | (c) This Section does not apply to or affect the | ||||||
15 | transportation or
possession
of weapons that: | ||||||
16 | (i) are broken down in a non-functioning state; or | ||||||
17 | (ii) are not immediately accessible; or | ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box,
shipping box, or other container by a person | ||||||
20 | who has been issued a currently
valid Firearm Owner's
| ||||||
21 | Identification Card. | ||||||
22 | (d) Sentence. | ||||||
23 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
24 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
25 | for which the person shall be sentenced to a term of | ||||||
26 | imprisonment of not less than 5 3 years and not more than |
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1 | 10 7 years. | ||||||
2 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
3 | (4) of this subsection (d), a first offense of aggravated | ||||||
4 | unlawful use of a weapon committed with a firearm by a | ||||||
5 | person 18 years of age or older where the factors listed in | ||||||
6 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
7 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
8 | felony, for which the person shall be sentenced to a term | ||||||
9 | of imprisonment of not less than one year and not more than | ||||||
10 | 3 years. | ||||||
11 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
12 | has been previously
convicted of a felony in this State or | ||||||
13 | another jurisdiction is a Class 2
felony for which the | ||||||
14 | person shall be sentenced to a term of imprisonment of not | ||||||
15 | less than 3 years and not more than 7 years. | ||||||
16 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
17 | or in possession of body armor as defined in Section 33F-1 | ||||||
18 | by a person who has not been issued a valid Firearms | ||||||
19 | Owner's Identification Card in accordance with Section 5 of | ||||||
20 | the Firearm Owners Identification Card Act is a Class X | ||||||
21 | felony.
| ||||||
22 | (e) The possession of each firearm in violation of this | ||||||
23 | Section constitutes a single and separate violation. | ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
25 | (720 ILCS 5/24-1.7) |
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1 | Sec. 24-1.7. Armed habitual criminal. | ||||||
2 | (a) A person commits the offense of being an armed habitual
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3 | criminal if he or she receives, sells, possesses, or transfers
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4 | any firearm after having been convicted a total of 2 or more
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5 | times of any combination of the following offenses: | ||||||
6 | (1) a forcible felony as defined in Section 2-8 of this | ||||||
7 | Code; | ||||||
8 | (2) unlawful use of a weapon by a felon; aggravated | ||||||
9 | unlawful use of a weapon; aggravated discharge of a | ||||||
10 | firearm; vehicular hijacking; aggravated vehicular | ||||||
11 | hijacking; aggravated battery of a child as described in | ||||||
12 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
13 | intimidation; aggravated intimidation; gunrunning; home | ||||||
14 | invasion; or aggravated battery with a firearm as described | ||||||
15 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
16 | (e)(4) of Section 12-3.05; or | ||||||
17 | (3) any violation of the Illinois Controlled | ||||||
18 | Substances
Act or the Cannabis Control Act that is | ||||||
19 | punishable as a Class 3
felony or higher. | ||||||
20 | (b) Sentence. Being an armed habitual criminal is a Class X
| ||||||
21 | felony for which the sentence shall be a term of imprisonment | ||||||
22 | of not less than 10 years and not more than 45 years .
| ||||||
23 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
24 | (720 ILCS 5/24-1.8) | ||||||
25 | Sec. 24-1.8. Unlawful possession of a firearm by a street |
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1 | gang member. | ||||||
2 | (a) A person
commits unlawful possession of a firearm by a | ||||||
3 | street gang member when he or she knowingly: | ||||||
4 | (1) possesses, carries, or conceals on or about his or | ||||||
5 | her person a firearm and firearm ammunition while on any | ||||||
6 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
7 | except when inside his or her own abode or inside his or | ||||||
8 | her fixed place of business, and has not been issued a | ||||||
9 | currently valid Firearm Owner's Identification Card and is | ||||||
10 | a member of a street gang; or | ||||||
11 | (2) possesses or carries in any vehicle a firearm and | ||||||
12 | firearm ammunition which are both immediately accessible | ||||||
13 | at the time of the offense while on any street, road, | ||||||
14 | alley, or any other lands, except when inside his or her | ||||||
15 | own abode or garage, and has not been issued a currently | ||||||
16 | valid Firearm Owner's Identification Card and is a member | ||||||
17 | of a street gang. | ||||||
18 | (b) Unlawful possession of a firearm by a street gang | ||||||
19 | member is a Class 2 felony for which the person, if sentenced | ||||||
20 | to a term of imprisonment, shall be sentenced to no less than 4 | ||||||
21 | 3 years and no more than 10 years. A period of probation, a | ||||||
22 | term of periodic imprisonment or conditional discharge shall | ||||||
23 | not be imposed for the offense of unlawful possession of a | ||||||
24 | firearm by a street gang member when the firearm was loaded or | ||||||
25 | contained firearm ammunition and the court shall sentence the | ||||||
26 | offender to not less than the minimum term of imprisonment |
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1 | authorized for the Class 2 felony. | ||||||
2 | (c) For purposes of this Section: | ||||||
3 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
4 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
5 | Prevention Act. | ||||||
6 | "Street gang member" or "gang member" has the meaning | ||||||
7 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act.
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9 | (Source: P.A. 96-829, eff. 12-3-09.)
| ||||||
10 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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11 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
12 | (A) A person commits the offense of unlawful sale or | ||||||
13 | delivery of firearms when he
or she knowingly does any of the | ||||||
14 | following:
| ||||||
15 | (a) Sells or gives any firearm of a size which may be | ||||||
16 | concealed upon the
person to any person under 18 years of | ||||||
17 | age.
| ||||||
18 | (b) Sells or gives any firearm to a person under 21 | ||||||
19 | years of age who has
been convicted of a misdemeanor other | ||||||
20 | than a traffic offense or adjudged
delinquent.
| ||||||
21 | (c) Sells or gives any firearm to any narcotic addict.
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22 | (d) Sells or gives any firearm to any person who has | ||||||
23 | been convicted of a
felony under the laws of this or any | ||||||
24 | other jurisdiction.
| ||||||
25 | (e) Sells or gives any firearm to any person who has |
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1 | been a patient in a
mental institution within the past 5 | ||||||
2 | years. In this subsection (e): | ||||||
3 | "Mental institution" means any hospital, | ||||||
4 | institution, clinic, evaluation facility, mental | ||||||
5 | health center, or part thereof, which is used primarily | ||||||
6 | for the care or treatment of persons with mental | ||||||
7 | illness. | ||||||
8 | "Patient in a mental institution" means the person | ||||||
9 | was admitted, either voluntarily or involuntarily, to | ||||||
10 | a mental institution for mental health treatment, | ||||||
11 | unless the treatment was voluntary and solely for an | ||||||
12 | alcohol abuse disorder and no other secondary | ||||||
13 | substance abuse disorder or mental illness.
| ||||||
14 | (f) Sells or gives any firearms to any person who is | ||||||
15 | intellectually disabled.
| ||||||
16 | (g) Delivers any firearm of a size which may be | ||||||
17 | concealed upon the
person, incidental to a sale, without | ||||||
18 | withholding delivery of such firearm
for at least 72 hours | ||||||
19 | after application for its purchase has been made, or
| ||||||
20 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
21 | gun or taser, incidental to a sale,
without withholding | ||||||
22 | delivery of such rifle, shotgun or other long gun, or a | ||||||
23 | stun gun or taser for
at least 24 hours after application | ||||||
24 | for its purchase has been made.
However,
this paragraph (g) | ||||||
25 | does not apply to: (1) the sale of a firearm
to a law | ||||||
26 | enforcement officer if the seller of the firearm knows that |
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| |||||||
1 | the person to whom he or she is selling the firearm is a | ||||||
2 | law enforcement officer or the sale of a firearm to a | ||||||
3 | person who desires to purchase a firearm for
use in | ||||||
4 | promoting the public interest incident to his or her | ||||||
5 | employment as a
bank guard, armed truck guard, or other | ||||||
6 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
7 | nonresident of Illinois under which the firearm
is mailed | ||||||
8 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
9 | of a firearm to a nonresident of Illinois while at a | ||||||
10 | firearm showing or display
recognized by the Illinois | ||||||
11 | Department of State Police; or (4) the sale of a
firearm to | ||||||
12 | a dealer licensed as a federal firearms dealer under | ||||||
13 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
14 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
15 | "application" means when the buyer and seller reach an | ||||||
16 | agreement to purchase a firearm.
| ||||||
17 | (h) While holding any license
as a dealer,
importer, | ||||||
18 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
19 | Act of 1968,
manufactures, sells or delivers to any | ||||||
20 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
21 | or receiver which is a die casting of zinc alloy or
any | ||||||
22 | other nonhomogeneous metal which will melt or deform at a | ||||||
23 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
24 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
25 | the Firearm Owners Identification Card Act; and (2)
| ||||||
26 | "handgun" is defined as a firearm designed to be held
and |
| |||||||
| |||||||
1 | fired by the use of a single hand, and includes a | ||||||
2 | combination of parts from
which such a firearm can be | ||||||
3 | assembled.
| ||||||
4 | (i) Sells or gives a firearm of any size to any person | ||||||
5 | under 18 years of
age who does not possess a valid Firearm | ||||||
6 | Owner's Identification Card.
| ||||||
7 | (j) Sells or gives a firearm while engaged in the | ||||||
8 | business of selling
firearms at wholesale or retail without | ||||||
9 | being licensed as a federal firearms
dealer under Section | ||||||
10 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
11 | In this paragraph (j):
| ||||||
12 | A person "engaged in the business" means a person who | ||||||
13 | devotes time,
attention, and
labor to
engaging in the | ||||||
14 | activity as a regular course of trade or business with the
| ||||||
15 | principal objective of livelihood and profit, but does not | ||||||
16 | include a person who
makes occasional repairs of firearms | ||||||
17 | or who occasionally fits special barrels,
stocks, or | ||||||
18 | trigger mechanisms to firearms.
| ||||||
19 | "With the principal objective of livelihood and | ||||||
20 | profit" means that the
intent
underlying the sale or | ||||||
21 | disposition of firearms is predominantly one of
obtaining | ||||||
22 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
23 | such as
improving or liquidating a personal firearms | ||||||
24 | collection; however, proof of
profit shall not be required | ||||||
25 | as to a person who engages in the regular and
repetitive | ||||||
26 | purchase and disposition of firearms for criminal purposes |
| |||||||
| |||||||
1 | or
terrorism.
| ||||||
2 | (k) Sells or transfers ownership of a firearm to a | ||||||
3 | person who does not display to the seller or transferor of | ||||||
4 | the firearm a currently valid Firearm Owner's | ||||||
5 | Identification Card that has previously been issued in the | ||||||
6 | transferee's name by the Department of State Police under | ||||||
7 | the provisions of the Firearm Owners Identification Card | ||||||
8 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
9 | firearm to a person who is exempt from the requirement of | ||||||
10 | possessing a Firearm Owner's Identification Card under | ||||||
11 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
12 | For the purposes of this Section, a currently valid Firearm | ||||||
13 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
14 | Identification Card that has not expired or (ii) an | ||||||
15 | approval number issued in accordance with subsection | ||||||
16 | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | ||||||
17 | Identification Card Act shall be proof that the Firearm | ||||||
18 | Owner's Identification Card was valid. | ||||||
19 | (1) In addition to the other requirements of this | ||||||
20 | paragraph (k), all persons who are not federally | ||||||
21 | licensed firearms dealers must also have complied with | ||||||
22 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
23 | Identification Card Act by determining the validity of | ||||||
24 | a purchaser's Firearm Owner's Identification Card. | ||||||
25 | (2) All sellers or transferors who have complied | ||||||
26 | with the requirements of subparagraph (1) of this |
| |||||||
| |||||||
1 | paragraph (k) shall not be liable for damages in any | ||||||
2 | civil action arising from the use or misuse by the | ||||||
3 | transferee of the firearm transferred, except for | ||||||
4 | willful or wanton misconduct on the part of the seller | ||||||
5 | or transferor. | ||||||
6 | (l) Not
being entitled to the possession of a firearm, | ||||||
7 | delivers the
firearm, knowing it to have been stolen or | ||||||
8 | converted. It may be inferred that
a person who possesses a | ||||||
9 | firearm with knowledge that its serial number has
been | ||||||
10 | removed or altered has knowledge that the firearm is stolen | ||||||
11 | or converted. | ||||||
12 | (B) Paragraph (h) of subsection (A) does not include | ||||||
13 | firearms sold within 6
months after enactment of Public
Act | ||||||
14 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
15 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
16 | purchased by any citizen within 6 months after the
enactment of | ||||||
17 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
18 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
19 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
20 | if that firearm was legally held or acquired within 6 months | ||||||
21 | after
the enactment of that Public Act.
| ||||||
22 | (C) Sentence.
| ||||||
23 | (1) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
25 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
26 | (2) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (b) or (i) of | ||||||
2 | subsection (A) commits a Class 3 felony.
| ||||||
3 | (3) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
5 | commits a Class 2 felony.
| ||||||
6 | (4) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
8 | subsection (A) in any school, on the real
property | ||||||
9 | comprising a school, within 1,000 feet of the real property | ||||||
10 | comprising
a school, at a school related activity, or on or | ||||||
11 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
12 | contracted by a school or school district to
transport | ||||||
13 | students to or from school or a school related activity,
| ||||||
14 | regardless of the time of day or time of year at which the | ||||||
15 | offense
was committed, commits a Class 1 felony. Any person | ||||||
16 | convicted of a second
or subsequent violation of unlawful | ||||||
17 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
18 | (b), or (i) of subsection (A) in any school, on the real | ||||||
19 | property
comprising a school, within 1,000 feet of the real | ||||||
20 | property comprising a
school, at a school related activity, | ||||||
21 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
22 | or contracted by a school or school district to
transport | ||||||
23 | students to or from school or a school related activity,
| ||||||
24 | regardless of the time of day or time of year at which the | ||||||
25 | offense
was committed, commits a Class 1 felony for which | ||||||
26 | the sentence shall be a
term of imprisonment of no less |
| |||||||
| |||||||
1 | than 5 years and no more than 15 years.
| ||||||
2 | (5) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (a) or (i) of | ||||||
4 | subsection (A) in residential property owned,
operated, or | ||||||
5 | managed by a public housing agency or leased by a public | ||||||
6 | housing
agency as part of a scattered site or mixed-income | ||||||
7 | development, in a public
park, in a
courthouse, on | ||||||
8 | residential property owned, operated, or managed by a | ||||||
9 | public
housing agency or leased by a public housing agency | ||||||
10 | as part of a scattered site
or mixed-income development, on | ||||||
11 | the real property comprising any public park,
on the real
| ||||||
12 | property comprising any courthouse, or on any public way | ||||||
13 | within 1,000 feet
of the real property comprising any | ||||||
14 | public park, courthouse, or residential
property owned, | ||||||
15 | operated, or managed by a public housing agency or leased | ||||||
16 | by a
public housing agency as part of a scattered site or | ||||||
17 | mixed-income development
commits a
Class 2 felony.
| ||||||
18 | (6) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
20 | commits a Class A misdemeanor. A second or
subsequent | ||||||
21 | violation is a Class 4 felony. | ||||||
22 | (7) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
24 | commits a Class 4 felony, except that a violation of | ||||||
25 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
26 | not be punishable as a crime or petty offense. A third or |
| |||||||
| |||||||
1 | subsequent conviction for a violation of paragraph (k) of | ||||||
2 | subsection (A) is a Class 1 felony.
| ||||||
3 | (8) A person 18 years of age or older convicted of | ||||||
4 | unlawful sale or delivery of firearms in violation of | ||||||
5 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
6 | that was sold or given to another person under 18 years of | ||||||
7 | age was used in the commission of or attempt to commit a | ||||||
8 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
9 | to exceed the maximum provided for the most serious | ||||||
10 | forcible felony so committed or attempted by the person | ||||||
11 | under 18 years of age who was sold or given the firearm. | ||||||
12 | (9) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
14 | commits a Class 3 felony for which the person, if sentenced | ||||||
15 | to a term of imprisonment, shall be sentenced to a
term of | ||||||
16 | imprisonment of no less than 2 years and no more than 10 | ||||||
17 | years . | ||||||
18 | (10) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
20 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
21 | Any person convicted of unlawful sale or delivery of | ||||||
22 | firearms in violation of paragraph (l) of subsection (A) | ||||||
23 | commits a Class 1 felony if the delivery is of not less | ||||||
24 | than 2 and not more than 5 firearms at the
same time or | ||||||
25 | within a one year period. Any person convicted of unlawful | ||||||
26 | sale or delivery of firearms in violation of paragraph (l) |
| |||||||
| |||||||
1 | of subsection (A) commits a Class X felony for which he or | ||||||
2 | she shall be sentenced
to a term of imprisonment of not | ||||||
3 | less than 6 years and not more than 30
years if the | ||||||
4 | delivery is of not less than 6 and not more than 10 | ||||||
5 | firearms at the
same time or within a 2 year period. Any | ||||||
6 | person convicted of unlawful sale or delivery of firearms | ||||||
7 | in violation of paragraph (l) of subsection (A) commits a | ||||||
8 | Class X felony for which he or she shall be sentenced
to a | ||||||
9 | term of imprisonment of not less than 6 years and not more | ||||||
10 | than 40
years if the delivery is of not less than 11 and | ||||||
11 | not more than 20 firearms at the
same time or within a 3 | ||||||
12 | year period. Any person convicted of unlawful sale or | ||||||
13 | delivery of firearms in violation of paragraph (l) of | ||||||
14 | subsection (A) commits a Class X felony for which he or she | ||||||
15 | shall be sentenced
to a term of imprisonment of not less | ||||||
16 | than 6 years and not more than 50
years if the delivery is | ||||||
17 | of not less than 21 and not more than 30 firearms at the
| ||||||
18 | same time or within a 4 year period. Any person convicted | ||||||
19 | of unlawful sale or delivery of firearms in violation of | ||||||
20 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
21 | for which he or she shall be sentenced
to a term of | ||||||
22 | imprisonment of not less than 6 years and not more than 60
| ||||||
23 | years if the delivery is of 31 or more firearms at the
same | ||||||
24 | time or within a 5 year period. | ||||||
25 | (D) For purposes of this Section:
| ||||||
26 | "School" means a public or private elementary or secondary |
| |||||||
| |||||||
1 | school,
community college, college, or university.
| ||||||
2 | "School related activity" means any sporting, social, | ||||||
3 | academic, or
other activity for which students' attendance or | ||||||
4 | participation is sponsored,
organized, or funded in whole or in | ||||||
5 | part by a school or school district.
| ||||||
6 | (E) A prosecution for a violation of paragraph (k) of | ||||||
7 | subsection (A) of this Section may be commenced within 6 years | ||||||
8 | after the commission of the offense. A prosecution for a | ||||||
9 | violation of this Section other than paragraph (g) of | ||||||
10 | subsection (A) of this Section may be commenced within 5 years | ||||||
11 | after the commission of the offense defined in the particular | ||||||
12 | paragraph.
| ||||||
13 | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | ||||||
14 | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
| ||||||
15 | (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
| ||||||
16 | Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the | ||||||
17 | Premises of
a Any School , School Conveyance, or Public Housing | ||||||
18 | Residential Property , regardless of the time of day or the time | ||||||
19 | of year, or any
conveyance owned, leased or contracted by a | ||||||
20 | school to transport students to
or from school or a school | ||||||
21 | related activity, or
residential property owned, operated or | ||||||
22 | managed by a public housing
agency . | ||||||
23 | (a) Any person 18 years of age or older commits unlawful | ||||||
24 | sale or delivery of firearms on the premises of
a school, | ||||||
25 | school conveyance, or public housing residential property when |
| |||||||
| |||||||
1 | he or she who sells, gives or delivers
any firearm to any | ||||||
2 | person under 18 years of age in any school, on the real | ||||||
3 | property
comprising any school, regardless
of the time of day | ||||||
4 | or the time of year in any
conveyance owned, leased, or | ||||||
5 | contracted by a school to transport students to
or from school | ||||||
6 | or a school related activity, or residential property owned,
| ||||||
7 | operated or managed by a public housing agency or leased by a
| ||||||
8 | public housing agency as part of a scattered site or | ||||||
9 | mixed-income
development , on the real property
comprising any | ||||||
10 | school, regardless of the time of day or the time of year
or | ||||||
11 | residential property owned, operated or managed by a public
| ||||||
12 | housing
agency or leased by a public housing agency as part of | ||||||
13 | a scattered site or
mixed-income development commits a Class 3 | ||||||
14 | felony . | ||||||
15 | (b) For the purposes of this Section, "school" means School | ||||||
16 | is defined, for the
purposes of
this Section, as any public or | ||||||
17 | private elementary or secondary school,
community college, | ||||||
18 | college or university , regardless
of the time of day or the | ||||||
19 | time of year . | ||||||
20 | (c) This Section does not apply to peace
officers or to | ||||||
21 | students carrying or possessing firearms for use in school
| ||||||
22 | training courses, parades, target shooting on school ranges, or | ||||||
23 | otherwise
with the consent of school authorities and which | ||||||
24 | firearms are transported
unloaded and enclosed in a suitable | ||||||
25 | case, box or transportation package.
| ||||||
26 | (d) Sentence. A violation of this Section is a Class 3 |
| |||||||
| |||||||
1 | felony for which the sentence shall be a term of imprisonment | ||||||
2 | of not less than 2 years and not more than 5 years. | ||||||
3 | (Source: P.A. 91-673, eff. 12-22-99 .)
| ||||||
4 | (720 ILCS 5/24-3.7) | ||||||
5 | Sec. 24-3.7. Use of a stolen firearm in the commission of | ||||||
6 | an offense or forcible felony . | ||||||
7 | (a) A person commits the offense of use of a stolen firearm | ||||||
8 | in the commission of an offense when he or she knowingly uses a | ||||||
9 | stolen firearm in the commission of an any offense , other than | ||||||
10 | a forcible felony as defined in Section 2-8 of this Code, and | ||||||
11 | the person knows that the firearm was stolen. | ||||||
12 | (a-5) A person commits use of a stolen firearm in the | ||||||
13 | commission of a forcible felony as defined in Section 2-8 of | ||||||
14 | this Code and the person knows that the firearm was stolen. | ||||||
15 | (b) Sentence. Use of a stolen firearm in the commission of | ||||||
16 | an offense is a Class 2 felony. Use of a stolen firearm in the | ||||||
17 | commission of a forcible felony is a Class 2 felony for which | ||||||
18 | the sentence shall be a term of imprisonment of not less than 3 | ||||||
19 | years and not more than 7 years.
| ||||||
20 | (Source: P.A. 96-190, eff. 1-1-10.) | ||||||
21 | (720 ILCS 5/24-3.8) | ||||||
22 | Sec. 24-3.8. Possession of a stolen firearm.
| ||||||
23 | (a) A person commits possession of a stolen firearm when he | ||||||
24 | or she, not
being entitled to the possession of a firearm, |
| |||||||
| |||||||
1 | possesses the
firearm, knowing it to have been stolen or | ||||||
2 | converted. The trier of fact may infer that
a person who | ||||||
3 | possesses a firearm with knowledge that its serial number has
| ||||||
4 | been removed or altered has knowledge that the firearm is | ||||||
5 | stolen or converted.
| ||||||
6 | (b) Possession of a stolen firearm is a Class 2 felony for | ||||||
7 | which the person, if sentenced to a term of imprisonment, shall | ||||||
8 | be sentenced to a term of imprisonment of not less than 3 years | ||||||
9 | and not more than 10 years .
| ||||||
10 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | ||||||
11 | 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
12 | Section 10. The Unified Code of Corrections is amended by | ||||||
13 | changing Section 5-5-3 as follows:
| ||||||
14 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
15 | Sec. 5-5-3. Disposition.
| ||||||
16 | (a) (Blank).
| ||||||
17 | (b) (Blank).
| ||||||
18 | (c) (1) (Blank).
| ||||||
19 | (2) A period of probation, a term of periodic imprisonment | ||||||
20 | or
conditional discharge shall not be imposed for the following | ||||||
21 | offenses.
The court shall sentence the offender to not less | ||||||
22 | than the minimum term
of imprisonment set forth in this Code | ||||||
23 | for the following offenses, and
may order a fine or restitution | ||||||
24 | or both in conjunction with such term of
imprisonment:
|
| |||||||
| |||||||
1 | (A) First degree murder where the death penalty is not | ||||||
2 | imposed.
| ||||||
3 | (B) Attempted first degree murder.
| ||||||
4 | (C) A Class X felony.
| ||||||
5 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
6 | Controlled Substances Act, or a violation of subdivision | ||||||
7 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
8 | to more than 5 grams of a substance
containing cocaine, | ||||||
9 | fentanyl, or an analog thereof.
| ||||||
10 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
11 | of the Illinois Controlled Substances Act which relates to | ||||||
12 | 3 or more grams of a substance
containing heroin or an | ||||||
13 | analog thereof. | ||||||
14 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
15 | Control
Act.
| ||||||
16 | (F) A Class 2 or greater felony if the offender had | ||||||
17 | been convicted
of a Class 2 or greater felony, including | ||||||
18 | any state or federal conviction for an offense that | ||||||
19 | contained, at the time it was committed, the same elements | ||||||
20 | as an offense now (the date of the offense committed after | ||||||
21 | the prior Class 2 or greater felony) classified as a Class | ||||||
22 | 2 or greater felony, within 10 years of the date on which | ||||||
23 | the
offender
committed the offense for which he or she is | ||||||
24 | being sentenced, except as
otherwise provided in Section | ||||||
25 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
3 | which imprisonment is prescribed in those Sections. | ||||||
4 | (G) Residential burglary, except as otherwise provided | ||||||
5 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
6 | Dependency Act.
| ||||||
7 | (H) Criminal sexual assault.
| ||||||
8 | (I) Aggravated battery of a senior citizen as described | ||||||
9 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
11 | (J) A forcible felony if the offense was related to the | ||||||
12 | activities of an
organized gang.
| ||||||
13 | Before July 1, 1994, for the purposes of this | ||||||
14 | paragraph, "organized
gang" means an association of 5 or | ||||||
15 | more persons, with an established hierarchy,
that | ||||||
16 | encourages members of the association to perpetrate crimes | ||||||
17 | or provides
support to the members of the association who | ||||||
18 | do commit crimes.
| ||||||
19 | Beginning July 1, 1994, for the purposes of this | ||||||
20 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
21 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
22 | Prevention Act.
| ||||||
23 | (K) Vehicular hijacking.
| ||||||
24 | (L) A second or subsequent conviction for the offense | ||||||
25 | of hate crime
when the underlying offense upon which the | ||||||
26 | hate crime is based is felony
aggravated
assault or felony |
| |||||||
| |||||||
1 | mob action.
| ||||||
2 | (M) A second or subsequent conviction for the offense | ||||||
3 | of institutional
vandalism if the damage to the property | ||||||
4 | exceeds $300.
| ||||||
5 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
6 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
7 | Identification Card Act.
| ||||||
8 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
10 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
11 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
12 | Code of 1961 or the Criminal Code of 2012.
| ||||||
13 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
14 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
15 | Code of
1961 or the Criminal Code of 2012.
| ||||||
16 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
17 | of
1961 or the Criminal Code of 2012.
| ||||||
18 | (S) (Blank).
| ||||||
19 | (T) A second or subsequent violation of the | ||||||
20 | Methamphetamine Control and Community Protection Act.
| ||||||
21 | (U) A second or subsequent violation of Section 6-303 | ||||||
22 | of the Illinois Vehicle Code committed while his or her | ||||||
23 | driver's license, permit, or privilege was revoked because | ||||||
24 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
25 | or the Criminal Code of 2012, relating to the offense of | ||||||
26 | reckless homicide, or a similar provision of a law of |
| |||||||
| |||||||
1 | another state.
| ||||||
2 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
3 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
4 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
5 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
6 | Code of 2012 when the victim is under 13 years of age and | ||||||
7 | the defendant has previously been convicted under the laws | ||||||
8 | of this State or any other state of the offense of child | ||||||
9 | pornography, aggravated child pornography, aggravated | ||||||
10 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
11 | predatory criminal sexual assault of a child, or any of the | ||||||
12 | offenses formerly known as rape, deviate sexual assault, | ||||||
13 | indecent liberties with a child, or aggravated indecent | ||||||
14 | liberties with a child where the victim was under the age | ||||||
15 | of 18 years or an offense that is substantially equivalent | ||||||
16 | to those offenses. | ||||||
17 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012.
| ||||||
19 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
21 | (Y) A conviction for unlawful possession of a firearm | ||||||
22 | by a street gang member when the firearm was loaded or | ||||||
23 | contained firearm ammunition. | ||||||
24 | (Z) A Class 1 felony committed while he or she was | ||||||
25 | serving a term of probation or conditional discharge for a | ||||||
26 | felony. |
| |||||||
| |||||||
1 | (AA) Theft of property exceeding $500,000 and not | ||||||
2 | exceeding $1,000,000 in value. | ||||||
3 | (BB) Laundering of criminally derived property of a | ||||||
4 | value exceeding
$500,000. | ||||||
5 | (CC) Knowingly selling, offering for sale, holding for | ||||||
6 | sale, or using 2,000 or more counterfeit items or | ||||||
7 | counterfeit items having a retail value in the aggregate of | ||||||
8 | $500,000 or more. | ||||||
9 | (DD) A conviction for aggravated assault under | ||||||
10 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
12 | firearm is aimed toward the person against whom the firearm | ||||||
13 | is being used. | ||||||
14 | (EE) A conviction of Section 24-3.3 of the Criminal | ||||||
15 | Code of
2012. | ||||||
16 | (FF) A conviction for use of a stolen firearm in the | ||||||
17 | commission of a forcible felony under subsection (a-5) of | ||||||
18 | Section 24-3.7 of the Criminal Code of 2012. | ||||||
19 | (3) (Blank).
| ||||||
20 | (4) A minimum term of imprisonment of not less than 10
| ||||||
21 | consecutive days or 30 days of community service shall be | ||||||
22 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
23 | the Illinois Vehicle Code.
| ||||||
24 | (4.1) (Blank).
| ||||||
25 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
26 | this subsection (c), a
minimum of
100 hours of community |
| |||||||
| |||||||
1 | service shall be imposed for a second violation of
Section | ||||||
2 | 6-303
of the Illinois Vehicle Code.
| ||||||
3 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
4 | hours of community
service, as determined by the court, shall
| ||||||
5 | be imposed for a second violation of subsection (c) of Section | ||||||
6 | 6-303 of the
Illinois Vehicle Code.
| ||||||
7 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
8 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
9 | 30 days or 300 hours of community service, as
determined by the | ||||||
10 | court, shall
be imposed
for a third or subsequent violation of | ||||||
11 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
12 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
13 | imposed for a third violation of subsection (c) of
Section | ||||||
14 | 6-303 of the Illinois Vehicle Code.
| ||||||
15 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
16 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
17 | shall be imposed for a
fourth or subsequent violation of | ||||||
18 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
19 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
20 | consecutive days, or 300 hours of community service, shall be | ||||||
21 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
22 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
23 | that Section.
| ||||||
24 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
25 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
26 | Illinois Vehicle Code, as provided in subsection (c-5) of that |
| |||||||
| |||||||
1 | Section. The person's driving privileges shall be revoked for a | ||||||
2 | period of not less than 5 years from the date of his or her | ||||||
3 | release from prison.
| ||||||
4 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
5 | not more than 15 years shall be imposed for a third violation | ||||||
6 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
7 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
8 | person's driving privileges shall be revoked for the remainder | ||||||
9 | of his or her life.
| ||||||
10 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
11 | shall be imposed, and the person shall be eligible for an | ||||||
12 | extended term sentence, for a fourth or subsequent violation of | ||||||
13 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
14 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
15 | driving privileges shall be revoked for the remainder of his or | ||||||
16 | her life.
| ||||||
17 | (5) The court may sentence a corporation or unincorporated
| ||||||
18 | association convicted of any offense to:
| ||||||
19 | (A) a period of conditional discharge;
| ||||||
20 | (B) a fine;
| ||||||
21 | (C) make restitution to the victim under Section 5-5-6 | ||||||
22 | of this Code.
| ||||||
23 | (5.1) In addition to any other penalties imposed, and | ||||||
24 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
25 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
26 | Illinois
Vehicle Code shall have his or her driver's license, |
| |||||||
| |||||||
1 | permit, or privileges
suspended for at least 90 days but not | ||||||
2 | more than one year, if the violation
resulted in damage to the | ||||||
3 | property of another person.
| ||||||
4 | (5.2) In addition to any other penalties imposed, and | ||||||
5 | except as provided in paragraph (5.3), a person convicted
of | ||||||
6 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
7 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
8 | privileges suspended for at
least 180 days but not more than 2 | ||||||
9 | years, if the violation resulted in injury
to
another person.
| ||||||
10 | (5.3) In addition to any other penalties imposed, a person | ||||||
11 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
12 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
13 | permit, or privileges suspended for 2 years, if the violation | ||||||
14 | resulted in the
death of another person.
| ||||||
15 | (5.4) In addition to any other penalties imposed, a person | ||||||
16 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
17 | Code shall have his or her driver's license, permit, or | ||||||
18 | privileges suspended for 3 months and until he or she has paid | ||||||
19 | a reinstatement fee of $100. | ||||||
20 | (5.5) In addition to any other penalties imposed, a person | ||||||
21 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
22 | Code during a period in which his or her driver's license, | ||||||
23 | permit, or privileges were suspended for a previous violation | ||||||
24 | of that Section shall have his or her driver's license, permit, | ||||||
25 | or privileges suspended for an additional 6 months after the | ||||||
26 | expiration of the original 3-month suspension and until he or |
| |||||||
| |||||||
1 | she has paid a reinstatement fee of $100.
| ||||||
2 | (6) (Blank).
| ||||||
3 | (7) (Blank).
| ||||||
4 | (8) (Blank).
| ||||||
5 | (9) A defendant convicted of a second or subsequent offense | ||||||
6 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
7 | natural life imprisonment.
| ||||||
8 | (10) (Blank).
| ||||||
9 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
10 | first offense
and $2,000 for a second or subsequent offense | ||||||
11 | upon a person convicted of or
placed on supervision for battery | ||||||
12 | when the individual harmed was a sports
official or coach at | ||||||
13 | any level of competition and the act causing harm to the
sports
| ||||||
14 | official or coach occurred within an athletic facility or | ||||||
15 | within the immediate vicinity
of the athletic facility at which | ||||||
16 | the sports official or coach was an active
participant
of the | ||||||
17 | athletic contest held at the athletic facility. For the | ||||||
18 | purposes of
this paragraph (11), "sports official" means a | ||||||
19 | person at an athletic contest
who enforces the rules of the | ||||||
20 | contest, such as an umpire or referee; "athletic facility" | ||||||
21 | means an indoor or outdoor playing field or recreational area | ||||||
22 | where sports activities are conducted;
and "coach" means a | ||||||
23 | person recognized as a coach by the sanctioning
authority that | ||||||
24 | conducted the sporting event. | ||||||
25 | (12) A person may not receive a disposition of court | ||||||
26 | supervision for a
violation of Section 5-16 of the Boat |
| |||||||
| |||||||
1 | Registration and Safety Act if that
person has previously | ||||||
2 | received a disposition of court supervision for a
violation of | ||||||
3 | that Section.
| ||||||
4 | (13) A person convicted of or placed on court supervision | ||||||
5 | for an assault or aggravated assault when the victim and the | ||||||
6 | offender are family or household members as defined in Section | ||||||
7 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
8 | of domestic battery or aggravated domestic battery may be | ||||||
9 | required to attend a Partner Abuse Intervention Program under | ||||||
10 | protocols set forth by the Illinois Department of Human | ||||||
11 | Services under such terms and conditions imposed by the court. | ||||||
12 | The costs of such classes shall be paid by the offender.
| ||||||
13 | (d) In any case in which a sentence originally imposed is | ||||||
14 | vacated,
the case shall be remanded to the trial court. The | ||||||
15 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
16 | Unified Code of Corrections
which may include evidence of the | ||||||
17 | defendant's life, moral character and
occupation during the | ||||||
18 | time since the original sentence was passed. The
trial court | ||||||
19 | shall then impose sentence upon the defendant. The trial
court | ||||||
20 | may impose any sentence which could have been imposed at the
| ||||||
21 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
22 | Corrections.
If a sentence is vacated on appeal or on | ||||||
23 | collateral attack due to the
failure of the trier of fact at | ||||||
24 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
25 | fact (other than a prior conviction) necessary to increase the
| ||||||
26 | punishment for the offense beyond the statutory maximum |
| |||||||
| |||||||
1 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
2 | to a term within the range otherwise
provided or, if the State | ||||||
3 | files notice of its intention to again seek the
extended | ||||||
4 | sentence, the defendant shall be afforded a new trial.
| ||||||
5 | (e) In cases where prosecution for
aggravated criminal | ||||||
6 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
8 | of a defendant
who was a family member of the victim at the | ||||||
9 | time of the commission of the
offense, the court shall consider | ||||||
10 | the safety and welfare of the victim and
may impose a sentence | ||||||
11 | of probation only where:
| ||||||
12 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
13 | (A) the defendant is willing to undergo a court | ||||||
14 | approved counseling
program for a minimum duration of 2 | ||||||
15 | years; or
| ||||||
16 | (B) the defendant is willing to participate in a | ||||||
17 | court approved plan
including but not limited to the | ||||||
18 | defendant's:
| ||||||
19 | (i) removal from the household;
| ||||||
20 | (ii) restricted contact with the victim;
| ||||||
21 | (iii) continued financial support of the | ||||||
22 | family;
| ||||||
23 | (iv) restitution for harm done to the victim; | ||||||
24 | and
| ||||||
25 | (v) compliance with any other measures that | ||||||
26 | the court may
deem appropriate; and
|
| |||||||
| |||||||
1 | (2) the court orders the defendant to pay for the | ||||||
2 | victim's counseling
services, to the extent that the court | ||||||
3 | finds, after considering the
defendant's income and | ||||||
4 | assets, that the defendant is financially capable of
paying | ||||||
5 | for such services, if the victim was under 18 years of age | ||||||
6 | at the
time the offense was committed and requires | ||||||
7 | counseling as a result of the
offense.
| ||||||
8 | Probation may be revoked or modified pursuant to Section | ||||||
9 | 5-6-4; except
where the court determines at the hearing that | ||||||
10 | the defendant violated a
condition of his or her probation | ||||||
11 | restricting contact with the victim or
other family members or | ||||||
12 | commits another offense with the victim or other
family | ||||||
13 | members, the court shall revoke the defendant's probation and
| ||||||
14 | impose a term of imprisonment.
| ||||||
15 | For the purposes of this Section, "family member" and | ||||||
16 | "victim" shall have
the meanings ascribed to them in Section | ||||||
17 | 11-0.1 of the Criminal Code of
2012.
| ||||||
18 | (f) (Blank).
| ||||||
19 | (g) Whenever a defendant is convicted of an offense under | ||||||
20 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
21 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
22 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
23 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
24 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
26 | testing to
determine whether the defendant has any sexually |
| |||||||
| |||||||
1 | transmissible disease,
including a test for infection with | ||||||
2 | human immunodeficiency virus (HIV) or
any other identified | ||||||
3 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
4 | Any such medical test shall be performed only by appropriately
| ||||||
5 | licensed medical practitioners and may include an analysis of | ||||||
6 | any bodily
fluids as well as an examination of the defendant's | ||||||
7 | person.
Except as otherwise provided by law, the results of | ||||||
8 | such test shall be kept
strictly confidential by all medical | ||||||
9 | personnel involved in the testing and must
be personally | ||||||
10 | delivered in a sealed envelope to the judge of the court in | ||||||
11 | which
the conviction was entered for the judge's inspection in | ||||||
12 | camera. Acting in
accordance with the best interests of the | ||||||
13 | victim and the public, the judge
shall have the discretion to | ||||||
14 | determine to whom, if anyone, the results of the
testing may be | ||||||
15 | revealed. The court shall notify the defendant
of the test | ||||||
16 | results. The court shall
also notify the victim if requested by | ||||||
17 | the victim, and if the victim is under
the age of 15 and if | ||||||
18 | requested by the victim's parents or legal guardian, the
court | ||||||
19 | shall notify the victim's parents or legal guardian of the test
| ||||||
20 | results.
The court shall provide information on the | ||||||
21 | availability of HIV testing
and counseling at Department of | ||||||
22 | Public Health facilities to all parties to
whom the results of | ||||||
23 | the testing are revealed and shall direct the State's
Attorney | ||||||
24 | to provide the information to the victim when possible.
A | ||||||
25 | State's Attorney may petition the court to obtain the results | ||||||
26 | of any HIV test
administered under this Section, and the court |
| |||||||
| |||||||
1 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
2 | relevant in order to prosecute a charge of
criminal | ||||||
3 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
5 | defendant. The court shall order that the cost of any such test
| ||||||
6 | shall be paid by the county and may be taxed as costs against | ||||||
7 | the convicted
defendant.
| ||||||
8 | (g-5) When an inmate is tested for an airborne communicable | ||||||
9 | disease, as
determined by the Illinois Department of Public | ||||||
10 | Health including but not
limited to tuberculosis, the results | ||||||
11 | of the test shall be
personally delivered by the warden or his | ||||||
12 | or her designee in a sealed envelope
to the judge of the court | ||||||
13 | in which the inmate must appear for the judge's
inspection in | ||||||
14 | camera if requested by the judge. Acting in accordance with the
| ||||||
15 | best interests of those in the courtroom, the judge shall have | ||||||
16 | the discretion
to determine what if any precautions need to be | ||||||
17 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
18 | (h) Whenever a defendant is convicted of an offense under | ||||||
19 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
20 | defendant shall undergo
medical testing to determine whether | ||||||
21 | the defendant has been exposed to human
immunodeficiency virus | ||||||
22 | (HIV) or any other identified causative agent of
acquired | ||||||
23 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
24 | by
law, the results of such test shall be kept strictly | ||||||
25 | confidential by all
medical personnel involved in the testing | ||||||
26 | and must be personally delivered in a
sealed envelope to the |
| |||||||
| |||||||
1 | judge of the court in which the conviction was entered
for the | ||||||
2 | judge's inspection in camera. Acting in accordance with the | ||||||
3 | best
interests of the public, the judge shall have the | ||||||
4 | discretion to determine to
whom, if anyone, the results of the | ||||||
5 | testing may be revealed. The court shall
notify the defendant | ||||||
6 | of a positive test showing an infection with the human
| ||||||
7 | immunodeficiency virus (HIV). The court shall provide | ||||||
8 | information on the
availability of HIV testing and counseling | ||||||
9 | at Department of Public Health
facilities to all parties to | ||||||
10 | whom the results of the testing are revealed and
shall direct | ||||||
11 | the State's Attorney to provide the information to the victim | ||||||
12 | when
possible. A State's Attorney may petition the court to | ||||||
13 | obtain the results of
any HIV test administered under this | ||||||
14 | Section, and the court shall grant the
disclosure if the | ||||||
15 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
16 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
17 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
18 | 2012 against the defendant. The court shall order that the cost | ||||||
19 | of any
such test shall be paid by the county and may be taxed as | ||||||
20 | costs against the
convicted defendant.
| ||||||
21 | (i) All fines and penalties imposed under this Section for | ||||||
22 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
23 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
24 | any violation
of the Child Passenger Protection Act, or a | ||||||
25 | similar provision of a local
ordinance, shall be collected and | ||||||
26 | disbursed by the circuit
clerk as provided under Section 27.5 |
| |||||||
| |||||||
1 | of the Clerks of Courts Act.
| ||||||
2 | (j) In cases when prosecution for any violation of Section | ||||||
3 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
4 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
5 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
6 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
7 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, any violation of the Illinois Controlled | ||||||
9 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
10 | any violation of the Methamphetamine Control and Community | ||||||
11 | Protection Act results in conviction, a
disposition of court | ||||||
12 | supervision, or an order of probation granted under
Section 10 | ||||||
13 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
14 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
15 | Control and Community Protection Act of a defendant, the court | ||||||
16 | shall determine whether the
defendant is employed by a facility | ||||||
17 | or center as defined under the Child Care
Act of 1969, a public | ||||||
18 | or private elementary or secondary school, or otherwise
works | ||||||
19 | with children under 18 years of age on a daily basis. When a | ||||||
20 | defendant
is so employed, the court shall order the Clerk of | ||||||
21 | the Court to send a copy of
the judgment of conviction or order | ||||||
22 | of supervision or probation to the
defendant's employer by | ||||||
23 | certified mail.
If the employer of the defendant is a school, | ||||||
24 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
25 | the judgment of conviction or order of
supervision or probation | ||||||
26 | to the appropriate regional superintendent of schools.
The |
| |||||||
| |||||||
1 | regional superintendent of schools shall notify the State Board | ||||||
2 | of
Education of any notification under this subsection.
| ||||||
3 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
4 | of a felony and
who has not been previously convicted of a | ||||||
5 | misdemeanor or felony and who is
sentenced to a term of | ||||||
6 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
7 | a condition of his or her sentence be required by the court to | ||||||
8 | attend
educational courses designed to prepare the defendant | ||||||
9 | for a high school diploma
and to work toward a high school | ||||||
10 | diploma or to work toward passing high school equivalency | ||||||
11 | testing or to work toward
completing a vocational training | ||||||
12 | program offered by the Department of
Corrections. If a | ||||||
13 | defendant fails to complete the educational training
required | ||||||
14 | by his or her sentence during the term of incarceration, the | ||||||
15 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
16 | supervised release, require the
defendant, at his or her own | ||||||
17 | expense, to pursue a course of study toward a high
school | ||||||
18 | diploma or passage of high school equivalency testing. The | ||||||
19 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
20 | release of a defendant who wilfully fails to
comply with this | ||||||
21 | subsection (j-5) upon his or her release from confinement in a
| ||||||
22 | penal institution while serving a mandatory supervised release | ||||||
23 | term; however,
the inability of the defendant after making a | ||||||
24 | good faith effort to obtain
financial aid or pay for the | ||||||
25 | educational training shall not be deemed a wilful
failure to | ||||||
26 | comply. The Prisoner Review Board shall recommit the defendant
|
| |||||||
| |||||||
1 | whose mandatory supervised release term has been revoked under | ||||||
2 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
3 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
4 | school diploma or has successfully passed high school | ||||||
5 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
6 | defendant who is determined by
the court to be developmentally | ||||||
7 | disabled or otherwise mentally incapable of
completing the | ||||||
8 | educational or vocational program.
| ||||||
9 | (k) (Blank).
| ||||||
10 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
11 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
12 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
13 | misdemeanor offense, the court after sentencing the defendant
| ||||||
14 | may, upon motion of the State's Attorney, hold sentence in | ||||||
15 | abeyance and remand
the defendant to the custody of the | ||||||
16 | Attorney General of
the United States or his or her designated | ||||||
17 | agent to be deported when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under the | ||||||
20 | Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct and | ||||||
23 | would not be inconsistent with the ends of
justice.
| ||||||
24 | Otherwise, the defendant shall be sentenced as provided in | ||||||
25 | this Chapter V.
| ||||||
26 | (B) If the defendant has already been sentenced for a |
| |||||||
| |||||||
1 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
2 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
3 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
4 | Methamphetamine Control and Community Protection Act, the | ||||||
5 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
6 | sentence imposed, commit the defendant to the custody of the | ||||||
7 | Attorney General
of the United States or his or her designated | ||||||
8 | agent when:
| ||||||
9 | (1) a final order of deportation has been issued | ||||||
10 | against the defendant
pursuant to proceedings under the | ||||||
11 | Immigration and Nationality Act, and
| ||||||
12 | (2) the deportation of the defendant would not | ||||||
13 | deprecate the seriousness
of the defendant's conduct and | ||||||
14 | would not be inconsistent with the ends of
justice.
| ||||||
15 | (C) This subsection (l) does not apply to offenders who are | ||||||
16 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
17 | Section 3-6-3.
| ||||||
18 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
19 | sentenced under
this Section returns to the jurisdiction of the | ||||||
20 | United States, the defendant
shall be recommitted to the | ||||||
21 | custody of the county from which he or she was
sentenced.
| ||||||
22 | Thereafter, the defendant shall be brought before the | ||||||
23 | sentencing court, which
may impose any sentence that was | ||||||
24 | available under Section 5-5-3 at the time of
initial | ||||||
25 | sentencing. In addition, the defendant shall not be eligible | ||||||
26 | for
additional sentence credit for good conduct as provided |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | under
Section 3-6-3.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (m) A person convicted of criminal defacement of property | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Criminal Code of 2012, in which the property damage exceeds | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | $300
and the property damaged is a school building, shall be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | ordered to perform
community service that may include cleanup, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | removal, or painting over the
defacement.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (n) The court may sentence a person convicted of a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | incarceration program if the person is otherwise eligible for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | substance or alcohol abuse program licensed under that
Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | (o) Whenever a person is convicted of a sex offense as | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | defendant's driver's license or permit shall be subject to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | renewal on an annual basis in accordance with the provisions of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | license renewal established by the Secretary of State.
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22 | (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | eff. 7-16-14 .)
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