HB3215 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3215

 

Introduced 2/19/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning the reentry into society of formerly
2incarcerated persons.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5
ARTICLE 1. SHORT TITLE; INTENT

 
6    Section 1-1. Short title. This Act may be cited as the
7Securing All Futures for Equitable Reinvestment in Communities
8Act.
 
9    Section 1-2. Intent. The intent of the Securing All
10Futures for Equitable Reinvestment in Communities Act is to
11facilitate the reentry into society of formerly incarcerated
12individuals by restructuring criminal sentencing requirements
13to lower incarceration numbers and repurposing those savings
14to create financial incentives, in the form of tax credits,
15for employers who hire individuals with criminal convictions.
 
16
ARTICLE 5. SECURING ALL FUTURES FOR EQUITABLE REINVESTMENT IN
17
COMMUNITIES TAX CREDIT PILOT PROGRAM

 
18    Section 5-1. Short title. This Act may be cited as the
19Securing All Futures for Equitable Reinvestment in Communities
20Tax Credit Pilot Program Act. References in this Article to

 

 

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1"this Act" means this Article.
 
2    Section 5-5. Findings and purpose. In order to reverse the
3trend of high unemployment and to help spur the economy to
4recovery, it is necessary to assist individuals in accessing
5family supporting, full-time work.
 
6    Section 5-10. Definitions. In this Act:
7    "Applicant" means a person that is operating a business
8located within this State that:
9        (1) is engaged in interstate or intrastate commerce;
10    and
11        (2) hires a participant for a position under union
12    contract or for a position that offers a basic wage and
13    benefits package as compensation. In the case of any
14    person that is a member of a unitary business group within
15    the meaning of paragraph (27) in subsection (a) of Section
16    1501 of the Illinois Income Tax Act, "applicant" refers to
17    the unitary business group.
18    "Basic wage" means a minimum of $20 per hour as
19compensation.
20    "Benefits package" means the new full-time employee's
21benefits outside of the employee's basic wage including:
22        (1) a minimum of 5 days of earned sick time
23        (2) a minimum of 5 days of paid vacation; and
24        (3) eligibility for health insurance.

 

 

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1    "Benefits package" means the participant's benefits
2outside of the participant's basic wage including earned sick
3time, paid vacation, and health insurance.
4    "Certificate" means the tax credit certificate issued by
5the Department under Section 5-45 of this Act.
6    "Certificate of eligibility" means the certificate issued
7by the Department under Section 5-25 of this Act.
8    "Credit" means the amount awarded by the Department to an
9applicant by issuance of a certificate under Section 5-30 of
10this Act for each participant hired.
11    "Department" means the Department of Employment Security.
12    "Director" means the Director of Employment Security.
13    "Full-time employee" means an individual who has a
14position under union contract or is employed for a basic wage
15for at least 35 hours each week and receives a benefits package
16as compensation.
17    "Incentive period" means the period beginning on July 1
18and ending on June 30 five years thereafter. The first
19incentive period shall begin on July 1, 2020 and the last
20incentive period shall end on June 30, 2025.
21    "Noncompliance date" means, in the case of an applicant
22that is not complying with the requirements of the provisions
23of this Act, the day following the last date upon which the
24taxpayer was in compliance with the requirements of the
25provisions of this Act, as determined by the Director,
26pursuant to Section 5-55 of this Act.

 

 

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1    "Participant" means a full-time employee who:
2        (1) was unemployed or making less than the basic wage
3    referred to in this Section before being hired by an
4    applicant;
5        (2) was formerly incarcerated between January 1, 2009
6    and December 31, 2019;
7        (3) is registered for the pilot program described in
8    Section 5-20; and
9        (4) is subsequently hired during the incentive period
10    by an applicant for a position under union contract or for
11    a position that offers a basic wage and benefits package
12    as compensation.
13    The term "participant" does not include a person who was
14previously employed in this State by the applicant prior to
15the onset of the incentive period if:
16        (1) the position was under union contract;
17        (2) the position provided a basic wage and benefits
18    package as compensation; or
19        (3) the participant is a related member of the
20    applicant that has more than 50 total employees.
21    "Professional Employer Organization" (PEO) shall have the
22same meaning as defined in Section 5-5 of the Economic
23Development for a Growing Economy Tax Credit Act. As used in
24this Section, "Professional Employer Organization" does not
25include a day and temporary labor service agency regulated
26under the Day and Temporary Labor Services Act.
 

 

 

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1    Section 5-15. Powers of the Department. The Department, in
2addition to those powers granted under the Civil
3Administrative Code of Illinois, is granted and shall have all
4the powers necessary or convenient to carry out and effectuate
5the purposes and provisions of this Act, including, but not
6limited to, power and authority to:
7        (1) promulgate procedures, rules, or regulations
8    deemed necessary and appropriate for the administration of
9    this Act; establish forms for applications, notifications,
10    contracts, or any other agreements; and accept
11    applications at any time during the year and require that
12    all applications be submitted via the Internet. The
13    Department shall require that applications be submitted in
14    electronic form;
15        (2) provide guidance and assistance to an applicant
16    pursuant to the provisions of this Act, and cooperate with
17    applicants to promote, foster, and support job creation
18    within the State;
19        (3) enter into agreements and memoranda of
20    understanding for participation of and engage in
21    cooperation with agencies of the federal government, units
22    of local government, universities, research foundations or
23    institutions, regional economic development corporations,
24    or other organizations for the purposes of this Act;
25        (4) gather information and conduct inquiries, in the

 

 

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1    manner and by the methods it deems desirable, including,
2    but not limited to, gathering information with respect to
3    applicants for the purpose of making any designations or
4    certifications necessary or desirable or to gather
5    information in furtherance of the purposes of this Act;
6        (5) establish, negotiate, and effectuate any term,
7    agreement, or other document with any person necessary or
8    appropriate to accomplish the purposes of this Act; and
9    consent, subject to the provisions of any agreement with
10    another party, to the modification or restructuring of any
11    agreement to which the Department is a party;
12        (6) provide for sufficient personnel to permit
13    administration, staffing, operation, and related support
14    required to adequately discharge its duties and
15    responsibilities described in this Act from funds made
16    available through charges to applicants or from funds as
17    may be appropriated by the General Assembly for the
18    administration of this Act;
19        (7) require applicants, upon written request, to issue
20    any necessary authorization to the appropriate federal,
21    State, or local authority or any other person for the
22    release to the Department of information requested by the
23    Department, with the information requested to include, but
24    not limited to, financial reports, returns, or records
25    relating to the applicant or to the amount of credit
26    allowable under this Act;

 

 

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1        (8) require that an applicant shall, at all times,
2    keep proper books of record and account in accordance with
3    generally accepted accounting principles consistently
4    applied with the books, records, or papers related to the
5    agreement in the custody or control of the applicant open
6    for reasonable Department inspection and audits, and
7    including, but not limited to, the making of copies of the
8    books, records, or papers; and
9        (9) take whatever actions are necessary or appropriate
10    to protect the State's interest in the event of
11    bankruptcy, default, foreclosure, or noncompliance with
12    the terms and conditions of financial assistance or
13    participation required under this Act, including the power
14    to sell, dispose of, lease, or rent, upon terms and
15    conditions determined by the Director to be appropriate,
16    real or personal property that the Department may recover
17    as a result of these actions.
 
18    Section 5-20. Pilot Program.
19    (a) The tax credit shall only apply to up to 20,000
20participants for the duration of the incentive period. A
21maximum of 10,000 participants shall be newly released from
22prison. A maximum of 10,000 participants shall be released
23from prison between January 1, 2009 and December 31, 2019.
24    (b) The Department shall maintain a database of all
25participants for the duration of the incentive period.

 

 

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1        (1) Eligible individuals shall register as
2    participants with the Department by May 31, 2020.
3        (2) The Department shall verify individuals'
4    eligibility to participate in the program by checking
5    their employment and incarceration history.
6        (3) The Department shall mail a written letter
7    containing a denial or confirmation of the individual's
8    eligibility to participate in the program to the primary
9    address of the individual.
10            (A) The denial letter shall state the reason why
11        the individual is being denied.
12            (B) The confirmation letter shall state the
13        identifying number assigned to the individual.
14    (c) The Department shall maintain a record of the
15participants and the corresponding applicant.
16        (1) Each applicant shall, on a quarterly basis
17    starting from receipt of the certificate of eligibility
18    for the tax credit, submit an annual report of employment
19    of participants to remain in good standing to receive the
20    tax credit.
21        (2) The reports shall be submitted in the form and
22    manner required by the Department.
 
23    Section 5-25. Certificate of eligibility for tax credit.
24    (a) An applicant that hires a participant during the
25incentive period may apply for a certificate of eligibility

 

 

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1for the credit with respect to that position on or after the
2date of hire of the participant. The date of hire shall be the
3first day on which the participant begins providing services
4under a union contract or for a basic wage and benefits package
5as compensation.
6    (b) An applicant may apply for a certificate of
7eligibility for the credit for more than one participant on or
8after the date of hire of each qualifying participant.
9    (c) After receipt of an application under this Section,
10the Department shall issue a certificate of eligibility to the
11applicant, stating:
12        (1) the date and time on which the application was
13    received by the Department and an identifying number
14    assigned to the applicant by the Department;
15        (2) the maximum amount of the credit the applicant
16    could potentially receive under this Act with respect to
17    the new employees listed on the application; and
18        (3) the maximum amount of the credit potentially
19    allowable on certificates of eligibility issued for
20    applications received prior to the application for which
21    the certificate of eligibility is issued.
22    (d) After the initial certificate of eligibility, the
23applicant must submit a quarterly report of employment of all
24participants to the Department. The Department shall review
25the report and issue an annual certificate of eligibility by
26April 15 of each taxable year to the applicant.
 

 

 

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1    Section 5-30. Tax credit.
2    (a) Subject to the conditions set forth in this Act, an
3applicant is entitled to a credit against payment of taxes
4withheld under Section 704A of the Illinois Income Tax Act for
5participants as described in Section 5-20.
6    (b) The credit shall be allowed as a credit to an applicant
7for each participant hired during the incentive period that
8results in a net increase in full-time Illinois employees,
9where the net increase in the employer's full-time Illinois
10employees is maintained for at least 24 months.
11    (c) The Department shall make credit awards under this Act
12to further job creation.
13    (d) The credit shall be claimed for the second calendar
14year ending on or after the date on which the certificate is
15issued by the Department and each year thereafter during the
16incentive period as long as the participant's employment with
17the applicant is maintained.
18    (e) The credit shall not be less than $10,000 and shall not
19exceed $15,000 each year per participant hired.
20    (f) The net increase in full-time Illinois employees,
21measured on an annual full-time equivalent basis, shall be the
22total number of full-time Illinois employees of the applicant
23on the final day of the incentive period, minus the number of
24full-time Illinois employees employed by the employer on the
25first day of that same incentive period. For purposes of the

 

 

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1calculation, an employer that begins doing business in this
2State during the incentive period, as determined by the
3Director, shall be treated as having zero Illinois employees
4on the first day of the incentive period.
5    (g) The net increase in the number of full-time Illinois
6employees of the applicant under subsection (e) must be
7sustained continuously for at least 24 months, starting with
8the date of hire of a participant during the incentive period.
9    (h) The Department shall promulgate rules to enable an
10applicant for which a PEO has been contracted to issue W-2s and
11make payment of taxes withheld under Section 704A of the
12Illinois Income Tax Act for new employees to retain the
13benefit of tax credits to which the applicant is otherwise
14entitled under this Act.
 
15    Section 5-35. Determination of Amount of the Credit. In
16determining the amount of the credit that should be awarded,
17the Department shall take into consideration the following
18factors:
19        (1) the type of service provided;
20        (2) the skill-level, education and expertise required
21    to provide the service;
22        (3) the benefits package offered by the applicant;
23        (4) the amount of training provided by the applicant;
24    and
25        (5) opportunities for wage increases and promotions.
 

 

 

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1    Section 5-40. Maximum amount of credits allowed. To the
2extent authorized by Section 5-30 of this Act, for taxable
3years beginning on or after January 1, 2020 and December 31,
42025, the Department shall limit the monetary amount of
5credits awarded under this Act to no more than $1,500,000,000.
6If applications for a greater amount are received, credits
7shall be allowed on a first-come-first-served basis, based on
8the date on which each properly completed application for a
9certificate of eligibility is received by the Department. If
10more than one certificate of eligibility is received on the
11same day, the credits will be awarded based on the time of
12submission for that particular day.
 
13    Section 5-45. Application for award of tax credit; tax
14credit certificate.
15    (a) On or after the conclusion of the 24-month period
16after a participant has been hired, an applicant shall file
17with the Department an application for award of a credit. The
18application shall include the following:
19        (1) the names, social security numbers, job
20    descriptions, salary or wage rates, and dates of hire of
21    the participants with respect to whom the credit is being
22    requested, and whether each participant is registered in
23    the pilot program described in Section 5-20;
24        (2) a certification that each participant listed has

 

 

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1    been retained on the job for 24 months from the date of
2    hire;
3        (3) the number of participants hired by the applicant
4    during the incentive period;
5        (4) the net increase in the number of full-time
6    Illinois employees of the applicant, including the
7    participants listed in the request, between the beginning
8    of the incentive period and the dates on which the
9    participants listed in the request were hired;
10        (5) an agreement that the Director is authorized to
11    verify with the appropriate State agencies the information
12    contained in the request before issuing a certificate to
13    the applicant; and
14        (6) any other information the Department determines to
15    be appropriate.
16    (b) Although an application may be filed at any time after
17the conclusion of the 24-month period, an application filed
18more than 90 days after the earliest date on which it could
19have been filed shall not be awarded any credit if, prior to
20the date it is filed, the Department has received applications
21under this Section for credits totaling more than
22$1,500,000,000.
23    (c) The Department shall issue a certificate to each
24applicant awarded a credit under this Act. The certificate
25shall include the following:
26        (1) the name and taxpayer identification number of the

 

 

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1    applicant;
2        (2) the date on which the certificate is issued;
3        (3) the credit amount that will be allowed; and
4        (4) any other information the Department determines to
5    be appropriate.
 
6    Section 5-50. Submission of tax credit certificate to
7Department of Revenue. An applicant claiming a credit under
8this Act shall submit to the Department of Revenue a copy of
9each certificate issued under Section 5-45 of this Act with
10the first return for which the credit shown on the certificate
11is claimed. Failure to submit a copy of the certificate with
12the applicant's return shall not invalidate a claim for a
13credit.
 
14    Section 5-55. Noncompliance.
15    (a) If the Director determines that an applicant who has
16received a credit under this Act is not complying with the
17requirements of the provisions of this Act, the Director shall
18provide notice to the applicant of the alleged noncompliance,
19and allow the applicant a hearing under the provisions of the
20Illinois Administrative Procedure Act.
21    (b) If, after such notice and any hearing, the Director
22determines that noncompliance exists, the Director shall issue
23to the Department of Revenue notice to that effect stating the
24noncompliance date.

 

 

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1    (c) The Director shall not find that noncompliance exists
2under the following circumstances:
3        (1) The participant terminated employment on their own
4    volition.
5        (2) The applicant terminated the participant's
6    employment after the probationary period for misconduct
7    such as:
8            (A) Falsification of employment application;
9            (B) Failure to maintain the license needed for the
10        job;
11            (C) Violating the attendance policy of the
12        applicant;
13            (D) Damaging the applicant's property through
14        conduct that is grossly negligent;
15            (E) Refusal to obey the applicant's reasonable and
16        lawful instruction, unless refusal is due to the lack
17        of ability, skills, or training for the individual
18        required to perform the instruction;
19            (F) Knowingly consuming alcohol or illegal or
20        non-prescribed prescription drugs or using an
21        impairing substance in an off-label manner on the
22        applicant's premises during work hours;
23            (G) Reporting to work under the influence of
24        alcohol, illegal or non-prescribed prescription drugs
25        in violation of the applicant's policies; and
26            (H) The participant's grossly negligent conduct

 

 

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1        endangering the safety of the participant or
2        co-workers.
 
3    Section 5-60. Rules.
4    The Department may adopt rules necessary to implement this
5Act. The rules may provide for recipients of credits under
6this Act to be charged fees to cover administrative costs of
7the tax credit program.
 
8    Section 5-65. Savings from sentencing reform.
9    (a) On or before July 31, 2021, and on or before July 31 of
10each fiscal year thereafter, the Illinois Sentencing Policy
11Advisory Council shall calculate the savings that accrued to
12the State during the fiscal year ending June 30, 2021, as
13compared to the fiscal year ending June 30, 2020, due to
14changes made by this amendatory Act of the 102nd General
15Assembly to the Unified Code of Corrections under Article 10
16of this amendatory Act of the 102nd General Assembly. The
17savings calculation shall be solely based on:
18        (1) the number of persons incarcerated in a Department
19    of Corrections facility during the fiscal year ending June
20    30, 2020 whose sentences were affected by Article 10 of
21    this amendatory Act of the 102nd General Assembly;    
22        (2) the average length of stay in Department of
23    Corrections facilities for these offenses prior to the
24    changes made by Article 10 of this amendatory Act of the

 

 

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1    102nd General Assembly;
2        (3) the marginal cost per inmate per year; and
3        (4) any reduction in fixed costs, overhead costs, or
4    administrative costs due to the closing of a Department of
5    Corrections facility, or portion of a Department of
6    Corrections facility, as a result of Article 10 of this
7    amendatory Act of the 102nd General Assembly.
8    In making the calculations required by this subsection
9(a), the Illinois Sentencing Policy Advisory Council shall use
10actual data or best available estimates where actual data is
11not available. The calculations shall be final and shall not
12be adjusted for any subsequent changes in the underlying data.
13The State Comptroller shall certify the results of the
14calculation no later than August 15 of each fiscal year.
15    (b) On or before August 31, 2021, and before August 31 of
16each fiscal year thereafter, the Comptroller shall transfer
17from the General Revenue Fund to the Securing All Futures for
18Equitable Reinvestment in Communities Fund the total savings
19calculated under subsection (a).
20    (c) Funds in the Securing All Futures for Equitable
21Reinvestment in Communities Fund shall be continuously
22appropriated for the purposes of this Act.
 
23    Section 5-900. The Illinois Income Tax Act is amended by
24changing Section 704A as follows:
 

 

 

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1    (35 ILCS 5/704A)
2    Sec. 704A. Employer's return and payment of tax withheld.
3    (a) In general, every employer who deducts and withholds
4or is required to deduct and withhold tax under this Act on or
5after January 1, 2008 shall make those payments and returns as
6provided in this Section.
7    (b) Returns. Every employer shall, in the form and manner
8required by the Department, make returns with respect to taxes
9withheld or required to be withheld under this Article 7 for
10each quarter beginning on or after January 1, 2008, on or
11before the last day of the first month following the close of
12that quarter.
13    (c) Payments. With respect to amounts withheld or required
14to be withheld on or after January 1, 2008:
15        (1) Semi-weekly payments. For each calendar year, each
16    employer who withheld or was required to withhold more
17    than $12,000 during the one-year period ending on June 30
18    of the immediately preceding calendar year, payment must
19    be made:
20            (A) on or before each Friday of the calendar year,
21        for taxes withheld or required to be withheld on the
22        immediately preceding Saturday, Sunday, Monday, or
23        Tuesday;
24            (B) on or before each Wednesday of the calendar
25        year, for taxes withheld or required to be withheld on
26        the immediately preceding Wednesday, Thursday, or

 

 

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1        Friday.
2        Beginning with calendar year 2011, payments made under
3    this paragraph (1) of subsection (c) must be made by
4    electronic funds transfer.
5        (2) Semi-weekly payments. Any employer who withholds
6    or is required to withhold more than $12,000 in any
7    quarter of a calendar year is required to make payments on
8    the dates set forth under item (1) of this subsection (c)
9    for each remaining quarter of that calendar year and for
10    the subsequent calendar year.
11        (3) Monthly payments. Each employer, other than an
12    employer described in items (1) or (2) of this subsection,
13    shall pay to the Department, on or before the 15th day of
14    each month the taxes withheld or required to be withheld
15    during the immediately preceding month.
16        (4) Payments with returns. Each employer shall pay to
17    the Department, on or before the due date for each return
18    required to be filed under this Section, any tax withheld
19    or required to be withheld during the period for which the
20    return is due and not previously paid to the Department.
21    (d) Regulatory authority. The Department may, by rule:
22        (1) Permit employers, in lieu of the requirements of
23    subsections (b) and (c), to file annual returns due on or
24    before January 31 of the year for taxes withheld or
25    required to be withheld during the previous calendar year
26    and, if the aggregate amounts required to be withheld by

 

 

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1    the employer under this Article 7 (other than amounts
2    required to be withheld under Section 709.5) do not exceed
3    $1,000 for the previous calendar year, to pay the taxes
4    required to be shown on each such return no later than the
5    due date for such return.
6        (2) Provide that any payment required to be made under
7    subsection (c)(1) or (c)(2) is deemed to be timely to the
8    extent paid by electronic funds transfer on or before the
9    due date for deposit of federal income taxes withheld
10    from, or federal employment taxes due with respect to, the
11    wages from which the Illinois taxes were withheld.
12        (3) Designate one or more depositories to which
13    payment of taxes required to be withheld under this
14    Article 7 must be paid by some or all employers.
15        (4) Increase the threshold dollar amounts at which
16    employers are required to make semi-weekly payments under
17    subsection (c)(1) or (c)(2).
18    (e) Annual return and payment. Every employer who deducts
19and withholds or is required to deduct and withhold tax from a
20person engaged in domestic service employment, as that term is
21defined in Section 3510 of the Internal Revenue Code, may
22comply with the requirements of this Section with respect to
23such employees by filing an annual return and paying the taxes
24required to be deducted and withheld on or before the 15th day
25of the fourth month following the close of the employer's
26taxable year. The Department may allow the employer's return

 

 

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1to be submitted with the employer's individual income tax
2return or to be submitted with a return due from the employer
3under Section 1400.2 of the Unemployment Insurance Act.
4    (f) Magnetic media and electronic filing. With respect to
5taxes withheld in calendar years prior to 2017, any W-2 Form
6that, under the Internal Revenue Code and regulations
7promulgated thereunder, is required to be submitted to the
8Internal Revenue Service on magnetic media or electronically
9must also be submitted to the Department on magnetic media or
10electronically for Illinois purposes, if required by the
11Department.
12    With respect to taxes withheld in 2017 and subsequent
13calendar years, the Department may, by rule, require that any
14return (including any amended return) under this Section and
15any W-2 Form that is required to be submitted to the Department
16must be submitted on magnetic media or electronically.
17    The due date for submitting W-2 Forms shall be as
18prescribed by the Department by rule.
19    (g) For amounts deducted or withheld after December 31,
202009, a taxpayer who makes an election under subsection (f) of
21Section 5-15 of the Economic Development for a Growing Economy
22Tax Credit Act for a taxable year shall be allowed a credit
23against payments due under this Section for amounts withheld
24during the first calendar year beginning after the end of that
25taxable year equal to the amount of the credit for the
26incremental income tax attributable to full-time employees of

 

 

HB3215- 22 -LRB102 13303 KMF 18647 b

1the taxpayer awarded to the taxpayer by the Department of
2Commerce and Economic Opportunity under the Economic
3Development for a Growing Economy Tax Credit Act for the
4taxable year and credits not previously claimed and allowed to
5be carried forward under Section 211(4) of this Act as
6provided in subsection (f) of Section 5-15 of the Economic
7Development for a Growing Economy Tax Credit Act. The credit
8or credits may not reduce the taxpayer's obligation for any
9payment due under this Section to less than zero. If the amount
10of the credit or credits exceeds the total payments due under
11this Section with respect to amounts withheld during the
12calendar year, the excess may be carried forward and applied
13against the taxpayer's liability under this Section in the
14succeeding calendar years as allowed to be carried forward
15under paragraph (4) of Section 211 of this Act. The credit or
16credits shall be applied to the earliest year for which there
17is a tax liability. If there are credits from more than one
18taxable year that are available to offset a liability, the
19earlier credit shall be applied first. Each employer who
20deducts and withholds or is required to deduct and withhold
21tax under this Act and who retains income tax withholdings
22under subsection (f) of Section 5-15 of the Economic
23Development for a Growing Economy Tax Credit Act must make a
24return with respect to such taxes and retained amounts in the
25form and manner that the Department, by rule, requires and pay
26to the Department or to a depositary designated by the

 

 

HB3215- 23 -LRB102 13303 KMF 18647 b

1Department those withheld taxes not retained by the taxpayer.
2For purposes of this subsection (g), the term taxpayer shall
3include taxpayer and members of the taxpayer's unitary
4business group as defined under paragraph (27) of subsection
5(a) of Section 1501 of this Act. This Section is exempt from
6the provisions of Section 250 of this Act. No credit awarded
7under the Economic Development for a Growing Economy Tax
8Credit Act for agreements entered into on or after January 1,
92015 may be credited against payments due under this Section.
10    (h) An employer may claim a credit against payments due
11under this Section for amounts withheld during the first
12calendar year ending after the date on which a tax credit
13certificate was issued under Section 35 of the Small Business
14Job Creation Tax Credit Act. The credit shall be equal to the
15amount shown on the certificate, but may not reduce the
16taxpayer's obligation for any payment due under this Section
17to less than zero. If the amount of the credit exceeds the
18total payments due under this Section with respect to amounts
19withheld during the calendar year, the excess may be carried
20forward and applied against the taxpayer's liability under
21this Section in the 5 succeeding calendar years. The credit
22shall be applied to the earliest year for which there is a tax
23liability. If there are credits from more than one calendar
24year that are available to offset a liability, the earlier
25credit shall be applied first. This Section is exempt from the
26provisions of Section 250 of this Act.

 

 

HB3215- 24 -LRB102 13303 KMF 18647 b

1    (i) Each employer with 50 or fewer full-time equivalent
2employees during the reporting period may claim a credit
3against the payments due under this Section for each qualified
4employee in an amount equal to the maximum credit allowable.
5The credit may be taken against payments due for reporting
6periods that begin on or after January 1, 2020, and end on or
7before December 31, 2027. An employer may not claim a credit
8for an employee who has worked fewer than 90 consecutive days
9immediately preceding the reporting period; however, such
10credits may accrue during that 90-day period and be claimed
11against payments under this Section for future reporting
12periods after the employee has worked for the employer at
13least 90 consecutive days. In no event may the credit exceed
14the employer's liability for the reporting period. Each
15employer who deducts and withholds or is required to deduct
16and withhold tax under this Act and who retains income tax
17withholdings under this subsection must make a return with
18respect to such taxes and retained amounts in the form and
19manner that the Department, by rule, requires and pay to the
20Department or to a depositary designated by the Department
21those withheld taxes not retained by the employer.
22    For each reporting period, the employer may not claim a
23credit or credits for more employees than the number of
24employees making less than the minimum or reduced wage for the
25current calendar year during the last reporting period of the
26preceding calendar year. Notwithstanding any other provision

 

 

HB3215- 25 -LRB102 13303 KMF 18647 b

1of this subsection, an employer shall not be eligible for
2credits for a reporting period unless the average wage paid by
3the employer per employee for all employees making less than
4$55,000 during the reporting period is greater than the
5average wage paid by the employer per employee for all
6employees making less than $55,000 during the same reporting
7period of the prior calendar year.
8    For purposes of this subsection (i):
9    "Compensation paid in Illinois" has the meaning ascribed
10to that term under Section 304(a)(2)(B) of this Act.
11    "Employer" and "employee" have the meaning ascribed to
12those terms in the Minimum Wage Law, except that "employee"
13also includes employees who work for an employer with fewer
14than 4 employees. Employers that operate more than one
15establishment pursuant to a franchise agreement or that
16constitute members of a unitary business group shall aggregate
17their employees for purposes of determining eligibility for
18the credit.
19    "Full-time equivalent employees" means the ratio of the
20number of paid hours during the reporting period and the
21number of working hours in that period.
22    "Maximum credit" means the percentage listed below of the
23difference between the amount of compensation paid in Illinois
24to employees who are paid not more than the required minimum
25wage reduced by the amount of compensation paid in Illinois to
26employees who were paid less than the current required minimum

 

 

HB3215- 26 -LRB102 13303 KMF 18647 b

1wage during the reporting period prior to each increase in the
2required minimum wage on January 1. If an employer pays an
3employee more than the required minimum wage and that employee
4previously earned less than the required minimum wage, the
5employer may include the portion that does not exceed the
6required minimum wage as compensation paid in Illinois to
7employees who are paid not more than the required minimum
8wage.
9        (1) 25% for reporting periods beginning on or after
10    January 1, 2020 and ending on or before December 31, 2020;
11        (2) 21% for reporting periods beginning on or after
12    January 1, 2021 and ending on or before December 31, 2021;
13        (3) 17% for reporting periods beginning on or after
14    January 1, 2022 and ending on or before December 31, 2022;
15        (4) 13% for reporting periods beginning on or after
16    January 1, 2023 and ending on or before December 31, 2023;
17        (5) 9% for reporting periods beginning on or after
18    January 1, 2024 and ending on or before December 31, 2024;
19        (6) 5% for reporting periods beginning on or after
20    January 1, 2025 and ending on or before December 31, 2025.
21    The amount computed under this subsection may continue to
22be claimed for reporting periods beginning on or after January
231, 2026 and:
24        (A) ending on or before December 31, 2026 for
25    employers with more than 5 employees; or
26        (B) ending on or before December 31, 2027 for

 

 

HB3215- 27 -LRB102 13303 KMF 18647 b

1    employers with no more than 5 employees.
2    "Qualified employee" means an employee who is paid not
3more than the required minimum wage and has an average wage
4paid per hour by the employer during the reporting period
5equal to or greater than his or her average wage paid per hour
6by the employer during each reporting period for the
7immediately preceding 12 months. A new qualified employee is
8deemed to have earned the required minimum wage in the
9preceding reporting period.
10    "Reporting period" means the quarter for which a return is
11required to be filed under subsection (b) of this Section.
12    Each employer who qualifies for a credit under the
13Securing All Futures for Equitable Reinvestment in Communities
14Tax Credit Pilot Program Act may claim a credit against the
15payments due under this Section as provided in that Act.
16(Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17;
17100-863, eff. 8-14-18; 101-1, eff. 2-19-19.)
 
18    Section 5-905. The State Finance Act is amended by adding
19Section 5.935 as follows:
 
20    (30 ILCS 105/5.935 new)
21    Sec. 5.935. The Securing All Futures for Equitable
22Reinvestment in Communities Fund.
 
23
ARTICLE 10. SENTENCING REFORM

 

 

 

HB3215- 28 -LRB102 13303 KMF 18647 b

1    Section 10-50. The Unified Code of Corrections is amended
2by changing Sections 5-4.5-25, 5-4.5-30, 5-4.5-35, 5-4.5-40,
35-4.5-45, 5-4.5-50, 5-4.5-85, and 5-4.5-95 and by adding
4Section 5-4.5-120 as follows:
 
5    (730 ILCS 5/5-4.5-25)
6    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
7felony:
8    (a) TERM. The sentence of imprisonment shall be a
9determinate sentence, subject to Section 5-4.5-115 of this
10Code, of not less than 4 years and not more than 15 years 6
11years and not more than 30 years. The sentence of imprisonment
12for an extended term Class X felony, as provided in Section
135-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this
14Code, shall be not less than 30 years and not more than 60
15years.
16    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
17shall not be imposed.
18    (c) IMPACT INCARCERATION. The impact incarceration program
19or the county impact incarceration program is not an
20authorized disposition.
21    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
22probation or conditional discharge may shall not be imposed.
23    (e) FINE. Fines may be imposed as provided in Section
245-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

 

 

HB3215- 29 -LRB102 13303 KMF 18647 b

1    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
2concerning restitution.
3    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
4be concurrent or consecutive as provided in Section 5-8-4 (730
5ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
6    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
7Act (730 ILCS 166/20) concerning eligibility for a drug court
8program.
9    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
10ILCS 5/5-4.5-100) concerning no credit for time spent in home
11detention prior to judgment.
12    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
13for rules and regulations for sentence credit.
14    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
155-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
16electronic monitoring and home detention.
17    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
18provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
195/5-8-1), the parole or mandatory supervised release term
20shall be 3 years upon release from imprisonment.
21(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
22101-288, eff. 1-1-20.)
 
23    (730 ILCS 5/5-4.5-30)
24    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
25felony:

 

 

HB3215- 30 -LRB102 13303 KMF 18647 b

1    (a) TERM. The sentence of imprisonment, other than for
2second degree murder, shall be a determinate sentence of not
3less than 3 years and not more than 7 years 4 years and not
4more than 15 years, subject to Section 5-4.5-115 of this Code.
5The sentence of imprisonment for second degree murder shall be
6a determinate sentence of not less than 3 years and not more
7than 15 years 4 years and not more than 20 years, subject to
8Section 5-4.5-115 of this Code. The sentence of imprisonment
9for an extended term Class 1 felony, as provided in Section
105-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this
11Code, shall be a term not less than 15 years and not more than
1230 years.
13    (b) PERIODIC IMPRISONMENT. A sentence of periodic
14imprisonment shall be for a definite term of from 3 to 4 years,
15except as otherwise provided in Section 5-5-3 or 5-7-1 (730
16ILCS 5/5-5-3 or 5/5-7-1).
17    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
18(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
19the impact incarceration program or the county impact
20incarceration program.
21    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
23period of probation or conditional discharge shall not exceed
244 years. The court shall specify the conditions of probation
25or conditional discharge as set forth in Section 5-6-3 (730
26ILCS 5/5-6-3). In no case shall an offender be eligible for a

 

 

HB3215- 31 -LRB102 13303 KMF 18647 b

1disposition of probation or conditional discharge for a Class
21 felony committed while he or she was serving a term of
3probation or conditional discharge for a felony.
4    (e) FINE. Fines may be imposed as provided in Section
55-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
6    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
7concerning restitution.
8    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
9be concurrent or consecutive as provided in Section 5-8-4 (730
10ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
11    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
12Act (730 ILCS 166/20) concerning eligibility for a drug court
13program.
14    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
15ILCS 5/5-4.5-100) concerning credit for time spent in home
16detention prior to judgment.
17    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
18ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
19(730 ILCS 130/) for rules and regulations for sentence credit.
20    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
215-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
22electronic monitoring and home detention.
23    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
24provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
255/5-8-1), the parole or mandatory supervised release term
26shall be 2 years upon release from imprisonment.

 

 

HB3215- 32 -LRB102 13303 KMF 18647 b

1(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
2101-288, eff. 1-1-20.)
 
3    (730 ILCS 5/5-4.5-35)
4    Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
5felony:
6    (a) TERM. The sentence of imprisonment shall be a
7determinate sentence of not less than 2 years and not more than
85 years 3 years and not more than 7 years. The sentence of
9imprisonment for an extended term Class 2 felony, as provided
10in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less
11than 7 years and not more than 14 years.
12    (b) PERIODIC IMPRISONMENT. A sentence of periodic
13imprisonment shall be for a definite term of from 18 to 30
14months, except as otherwise provided in Section 5-5-3 or 5-7-1
15(730 ILCS 5/5-5-3 or 5/5-7-1).
16    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
17(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
18the impact incarceration program or the county impact
19incarceration program.
20    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
21in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
22period of probation or conditional discharge shall not exceed
234 years. The court shall specify the conditions of probation
24or conditional discharge as set forth in Section 5-6-3 (730
25ILCS 5/5-6-3).

 

 

HB3215- 33 -LRB102 13303 KMF 18647 b

1    (e) FINE. Fines may be imposed as provided in Section
25-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
3    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
4concerning restitution.
5    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
6be concurrent or consecutive as provided in Section 5-8-4 (730
7ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
8    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
9Act (730 ILCS 166/20) concerning eligibility for a drug court
10program.
11    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
12ILCS 5/5-4.5-100) concerning credit for time spent in home
13detention prior to judgment.
14    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
15ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
16(730 ILCS 130/) for rules and regulations for sentence credit.
17    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
185-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
19electronic monitoring and home detention.
20    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
21provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
225/5-8-1), the parole or mandatory supervised release term
23shall be 2 years upon release from imprisonment.
24(Source: P.A. 100-431, eff. 8-25-17.)
 
25    (730 ILCS 5/5-4.5-40)

 

 

HB3215- 34 -LRB102 13303 KMF 18647 b

1    Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
2felony:
3    (a) TERM. The sentence of imprisonment shall be a
4determinate sentence of not less than 1 years and not more than
54 years 2 years and not more than 5 years. The sentence of
6imprisonment for an extended term Class 3 felony, as provided
7in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less
8than 5 years and not more than 10 years.
9    (b) PERIODIC IMPRISONMENT. A sentence of periodic
10imprisonment shall be for a definite term of up to 18 months,
11except as otherwise provided in Section 5-5-3 or 5-7-1 (730
12ILCS 5/5-5-3 or 5/5-7-1).
13    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
14(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
15the impact incarceration program or the county impact
16incarceration program.
17    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
18in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
19period of probation or conditional discharge shall not exceed
2030 months. The court shall specify the conditions of probation
21or conditional discharge as set forth in Section 5-6-3 (730
22ILCS 5/5-6-3).
23    (e) FINE. Fines may be imposed as provided in Section
245-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
25    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
26concerning restitution.

 

 

HB3215- 35 -LRB102 13303 KMF 18647 b

1    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
2be concurrent or consecutive as provided in Section 5-8-4 (730
3ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
4    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
5Act (730 ILCS 166/20) concerning eligibility for a drug court
6program.
7    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
8ILCS 5/5-4.5-100) concerning credit for time spent in home
9detention prior to judgment.
10    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
11ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
12(730 ILCS 130/) for rules and regulations for sentence credit.
13    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
145-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
15electronic monitoring and home detention.
16    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
17provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
185/5-8-1), the parole or mandatory supervised release term
19shall be one year upon release from imprisonment.
20(Source: P.A. 100-431, eff. 8-25-17.)
 
21    (730 ILCS 5/5-4.5-45)
22    Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
23felony:
24    (a) TERM. The sentence of imprisonment shall be a
25determinate sentence of not less than one year and not more

 

 

HB3215- 36 -LRB102 13303 KMF 18647 b

1than 3 years. The sentence of imprisonment for an extended
2term Class 4 felony, as provided in Section 5-8-2 (730 ILCS
35/5-8-2), shall be a term not less than 3 years and not more
4than 6 years.
5    (b) PERIODIC IMPRISONMENT. A sentence of periodic
6imprisonment shall be for a definite term of up to 18 months,
7except as otherwise provided in Section 5-5-3 or 5-7-1 (730
8ILCS 5/5-5-3 or 5/5-7-1).
9    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
10(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
11the impact incarceration program or the county impact
12incarceration program.
13    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
14in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
15period of probation or conditional discharge shall not exceed
1630 months. The court shall specify the conditions of probation
17or conditional discharge as set forth in Section 5-6-3 (730
18ILCS 5/5-6-3).
19    (e) FINE. Fines may be imposed as provided in Section
205-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
21    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22concerning restitution.
23    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24be concurrent or consecutive as provided in Section 5-8-4 (730
25ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
26    (h) DRUG COURT. See Section 20 of the Drug Court Treatment

 

 

HB3215- 37 -LRB102 13303 KMF 18647 b

1Act (730 ILCS 166/20) concerning eligibility for a drug court
2program.
3    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4ILCS 5/5-4.5-100) concerning credit for time spent in home
5detention prior to judgment.
6    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
7ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
8(730 ILCS 130/) for rules and regulations for sentence credit.
9    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
105-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
11electronic monitoring and home detention.
12    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
13provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
145/5-8-1), the parole or mandatory supervised release term
15shall be one year upon release from imprisonment.
16(Source: P.A. 100-431, eff. 8-25-17.)
 
17    (730 ILCS 5/5-4.5-50)
18    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
19as otherwise provided, for all felonies:
20    (a) NO SUPERVISION. The court, upon a plea of guilty or a
21stipulation by the defendant of the facts supporting the
22charge or a finding of guilt, may not defer further
23proceedings and the imposition of a sentence and may not enter
24an order for supervision of the defendant.
25    (b) FELONY FINES. Unless otherwise specified by law, the

 

 

HB3215- 38 -LRB102 13303 KMF 18647 b

1minimum fine is $75. An offender may be sentenced to pay a fine
2not to exceed, for each offense, $25,000 or the amount
3specified in the offense, whichever is greater, or if the
4offender is a corporation, $50,000 or the amount specified in
5the offense, whichever is greater. A fine may be imposed in
6addition to a sentence of conditional discharge, probation,
7periodic imprisonment, or imprisonment. See Article 9 of
8Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
9additional amounts and determination of amounts and payment.
10If the court finds that the fine would impose an undue burden
11on the victim, the court may reduce or waive the fine. The
12court shall consider the offender's financial circumstances
13and ability to pay before and after imprisonment before
14assessing any fine.
15    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
16each felony conviction shall set forth his or her reasons for
17imposing the particular sentence entered in the case, as
18provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons
19may include any mitigating or aggravating factors specified in
20this Code, or the lack of any such factors, as well as any
21other mitigating or aggravating factors that the judge sets
22forth on the record that are consistent with the purposes and
23principles of sentencing set out in this Code.
24    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
25sentence may be made, or the court may reduce a sentence
26without motion, within 30 days after the sentence is imposed.

 

 

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1A defendant's challenge to the correctness of a sentence or to
2any aspect of the sentencing hearing shall be made by a written
3motion filed with the circuit court clerk within 30 days
4following the imposition of sentence. A motion not filed
5within that 30-day period is not timely. The court may not
6increase a sentence once it is imposed. A notice of motion must
7be filed with the motion. The notice of motion shall set the
8motion on the court's calendar on a date certain within a
9reasonable time after the date of filing.
10    If a motion filed pursuant to this subsection is timely
11filed, the proponent of the motion shall exercise due
12diligence in seeking a determination on the motion and the
13court shall thereafter decide the motion within a reasonable
14time.
15    If a motion filed pursuant to this subsection is timely
16filed, then for purposes of perfecting an appeal, a final
17judgment is not considered to have been entered until the
18motion to reduce the sentence has been decided by order
19entered by the trial court.
20    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
21OTHER-STATE SENTENCE. A defendant who has a previous and
22unexpired sentence of imprisonment imposed by another state or
23by any district court of the United States and who, after
24sentence for a crime in Illinois, must return to serve the
25unexpired prior sentence may have his or her sentence by the
26Illinois court ordered to be concurrent with the prior

 

 

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1other-state or federal sentence. The court may order that any
2time served on the unexpired portion of the other-state or
3federal sentence, prior to his or her return to Illinois,
4shall be credited on his or her Illinois sentence. The
5appropriate official of the other state or the United States
6shall be furnished with a copy of the order imposing sentence,
7which shall provide that, when the offender is released from
8other-state or federal confinement, whether by parole or by
9termination of sentence, the offender shall be transferred by
10the Sheriff of the committing Illinois county to the Illinois
11Department of Corrections. The court shall cause the
12Department of Corrections to be notified of the sentence at
13the time of commitment and to be provided with copies of all
14records regarding the sentence.
15    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
16defendant who has a previous and unexpired sentence of
17imprisonment imposed by an Illinois circuit court for a crime
18in this State and who is subsequently sentenced to a term of
19imprisonment by another state or by any district court of the
20United States and who has served a term of imprisonment
21imposed by the other state or district court of the United
22States, and must return to serve the unexpired prior sentence
23imposed by the Illinois circuit court, may apply to the
24Illinois circuit court that imposed sentence to have his or
25her sentence reduced.
26    The circuit court may order that any time served on the

 

 

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1sentence imposed by the other state or district court of the
2United States be credited on his or her Illinois sentence. The
3application for reduction of a sentence under this subsection
4shall be made within 30 days after the defendant has completed
5the sentence imposed by the other state or district court of
6the United States.
7    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
8sentence or disposition that requires the defendant to be
9implanted or injected with or to use any form of birth control.
10(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
11    (730 ILCS 5/5-4.5-85)
12    Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE.
13    (a) FELONY. The particular classification of each felony
14is specified in the law defining the felony. Any unclassified
15offense that is declared by law to be a felony or that provides
16a sentence to a term of imprisonment for one year or more is a
17Class 4 felony.
18    (b) MISDEMEANOR. The particular classification of each
19misdemeanor is specified in the law or ordinance defining the
20misdemeanor.
21        (1) Any offense not so classified that provides a
22    sentence to a term of imprisonment of less than one year
23    but in excess of 6 months is a Class A misdemeanor.
24        (2) Any offense not so classified that provides a
25    sentence to a term of imprisonment of 6 months or less but

 

 

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1    in excess of 30 days is a Class B misdemeanor.
2        (3) Any offense not so classified that provides a
3    sentence to a term of imprisonment of 30 days or less is a
4    Class C misdemeanor.
5    (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense
6that does not provide for a sentence of imprisonment is a petty
7offense or a business offense.
8(Source: P.A. 95-1052, eff. 7-1-09.)
 
9    (730 ILCS 5/5-4.5-95)
10    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
11    (a) HABITUAL CRIMINALS.
12        (1) Every person who has been twice convicted in any
13    state or federal court of an offense that contains the
14    same elements as an offense now (the date of the offense
15    committed after the 2 prior convictions) classified in
16    Illinois as a Class X felony, criminal sexual assault,
17    aggravated kidnapping, or first degree murder, and who is
18    thereafter convicted of a Class X felony, criminal sexual
19    assault, or first degree murder, committed after the 2
20    prior convictions, shall be adjudged an habitual criminal.
21        (2) The 2 prior convictions need not have been for the
22    same offense.
23        (3) Any convictions that result from or are connected
24    with the same transaction, or result from offenses
25    committed at the same time, shall be counted for the

 

 

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1    purposes of this Section as one conviction.
2        (4) This Section does not apply unless each of the
3    following requirements are satisfied:
4            (A) The third offense was committed after July 3,
5        1980.
6            (B) The third offense was committed within 20
7        years of the date that judgment was entered on the
8        first conviction; provided, however, that time spent
9        in custody shall not be counted.
10            (C) The third offense was committed after
11        conviction on the second offense.
12            (D) The second offense was committed after
13        conviction on the first offense.
14        (5) Anyone who, having attained the age of 18 at the
15    time of the third offense, is adjudged an habitual
16    criminal shall be sentenced to a term of natural life
17    imprisonment.
18        (6) A prior conviction shall not be alleged in the
19    indictment, and no evidence or other disclosure of that
20    conviction shall be presented to the court or the jury
21    during the trial of an offense set forth in this Section
22    unless otherwise permitted by the issues properly raised
23    in that trial. After a plea or verdict or finding of guilty
24    and before sentence is imposed, the prosecutor may file
25    with the court a verified written statement signed by the
26    State's Attorney concerning any former conviction of an

 

 

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1    offense set forth in this Section rendered against the
2    defendant. The court shall then cause the defendant to be
3    brought before it; shall inform the defendant of the
4    allegations of the statement so filed, and of his or her
5    right to a hearing before the court on the issue of that
6    former conviction and of his or her right to counsel at
7    that hearing; and unless the defendant admits such
8    conviction, shall hear and determine the issue, and shall
9    make a written finding thereon. If a sentence has
10    previously been imposed, the court may vacate that
11    sentence and impose a new sentence in accordance with this
12    Section.
13        (7) A duly authenticated copy of the record of any
14    alleged former conviction of an offense set forth in this
15    Section shall be prima facie evidence of that former
16    conviction; and a duly authenticated copy of the record of
17    the defendant's final release or discharge from probation
18    granted, or from sentence and parole supervision (if any)
19    imposed pursuant to that former conviction, shall be prima
20    facie evidence of that release or discharge.
21        (8) Any claim that a previous conviction offered by
22    the prosecution is not a former conviction of an offense
23    set forth in this Section because of the existence of any
24    exceptions described in this Section, is waived unless
25    duly raised at the hearing on that conviction, or unless
26    the prosecution's proof shows the existence of the

 

 

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1    exceptions described in this Section.
2        (9) If the person so convicted shows to the
3    satisfaction of the court before whom that conviction was
4    had that he or she was released from imprisonment, upon
5    either of the sentences upon a pardon granted for the
6    reason that he or she was innocent, that conviction and
7    sentence shall not be considered under this Section.
8    (b) (Blank). When a defendant, over the age of 21 years, is
9convicted of a Class 1 or Class 2 felony, except for an offense
10listed in subsection (c) of this Section, after having twice
11been convicted in any state or federal court of an offense that
12contains the same elements as an offense now (the date the
13Class 1 or Class 2 felony was committed) classified in
14Illinois as a Class 2 or greater Class felony, except for an
15offense listed in subsection (c) of this Section, and those
16charges are separately brought and tried and arise out of
17different series of acts, that defendant shall be sentenced as
18a Class X offender. This subsection does not apply unless:
19        (1) the first felony was committed after February 1,
20    1978 (the effective date of Public Act 80-1099);
21        (2) the second felony was committed after conviction
22    on the first; and
23        (3) the third felony was committed after conviction on
24    the second.
25    (c) (Blank). Subsection (b) of this Section does not apply
26to Class 1 or Class 2 felony convictions for a violation of

 

 

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1Section 16-1 of the Criminal Code of 2012.
2    A person sentenced as a Class X offender under this
3subsection (b) is not eligible to apply for treatment as a
4condition of probation as provided by Section 40-10 of the
5Substance Use Disorder Act (20 ILCS 301/40-10).
6(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
7eff. 1-1-19.)
 
8    (730 ILCS 5/5-4.5-120 new)
9    Sec. 5-4.5-120. RESENTENCING. The changes made to this
10Article apply offenses committed before the effective date of
11this amendatory Act of the 102nd General Assembly, and to
12offenses committed on or after the effective date of this
13amendatory Act. A person currently serving a sentence for a
14conviction, whether by trial or plea, of a felony or felonies
15who would have been guilty of a misdemeanor or lesser felony
16classification under this Act had the Act been in effect at the
17time of the offense may petition the trial court that entered
18the judgment of conviction in his or her case to request
19resentencing in accordance with this Act. A person who is
20resentenced shall be given credit for time served. Under no
21circumstances may resentencing under this Section result in
22the imposition of a term longer than the original sentence.
 
23
ARTICLE 99. EFFECTIVE DATE

 
24    Section 99-99. Effective date. This Act takes effect upon

 

 

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1becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    35 ILCS 5/704A
5    30 ILCS 105/5.935 new
6    730 ILCS 5/5-4.5-25
7    730 ILCS 5/5-4.5-30
8    730 ILCS 5/5-4.5-35
9    730 ILCS 5/5-4.5-40
10    730 ILCS 5/5-4.5-45
11    730 ILCS 5/5-4.5-50
12    730 ILCS 5/5-4.5-85
13    730 ILCS 5/5-4.5-95
14    730 ILCS 5/5-4.5-120 new