[ Back ] [ Bottom ]
91_HB1511enr
HB1511 Enrolled LRB9104882RCdv
1 AN ACT in relation to criminal sentencing.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 111-3 as follows:
6 (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
7 Sec. 111-3. Form of charge. (a) A charge shall be in
8 writing and allege the commission of an offense by:
9 (1) Stating the name of the offense;
10 (2) Citing the statutory provision alleged to have been
11 violated;
12 (3) Setting forth the nature and elements of the offense
13 charged;
14 (4) Stating the date and county of the offense as
15 definitely as can be done; and
16 (5) Stating the name of the accused, if known, and if
17 not known, designate the accused by any name or description
18 by which he can be identified with reasonable certainty.
19 (b) An indictment shall be signed by the foreman of the
20 Grand Jury and an information shall be signed by the State's
21 Attorney and sworn to by him or another. A complaint shall be
22 sworn to and signed by the complainant; Provided, however,
23 that when a citation is issued on a Uniform Traffic Ticket or
24 Uniform Conservation Ticket (in a form prescribed by the
25 Conference of Chief Circuit Judges and filed with the Supreme
26 Court), the copy of such Uniform Ticket which is filed with
27 the circuit court constitutes a complaint to which the
28 defendant may plead, unless he specifically requests that a
29 verified complaint be filed.
30 (c) When the State seeks an enhanced sentence because of
31 a prior conviction, the charge shall also state the intention
HB1511 Enrolled -2- LRB9104882RCdv
1 to seek an enhanced sentence and shall state such prior
2 conviction so as to give notice to the defendant. However,
3 the fact of such prior conviction and the State's intention
4 to seek an enhanced sentence are not elements of the offense
5 and may not be disclosed to the jury during trial unless
6 otherwise permitted by issues properly raised during such
7 trial. For the purposes of this Section, "enhanced sentence"
8 means a sentence which is increased by a prior conviction
9 from one classification of offense to another higher level
10 classification of offense set forth in Section 5-5-1 of the
11 "Unified Code of Corrections", approved July 26, 1972, as
12 amended; it does not include an increase in the sentence
13 applied within the same level of classification of offense.
14 (c-5) Notwithstanding any other provision of law, in all
15 cases in which the imposition of the death penalty is not a
16 possibility, if an alleged fact (other than the fact of a
17 prior conviction) is not an element of an offense but is
18 sought to be used to increase the range of penalties for the
19 offense beyond the statutory maximum that could otherwise be
20 imposed for the offense, the alleged fact must be included in
21 the charging instrument or otherwise provided to the
22 defendant through a written notification before trial,
23 submitted to a trier of fact as an aggravating factor, and
24 proved beyond a reasonable doubt. Failure to prove the fact
25 beyond a reasonable doubt is not a bar to a conviction for
26 commission of the offense, but is a bar to increasing, based
27 on that fact, the range of penalties for the offense beyond
28 the statutory maximum that could otherwise be imposed for
29 that offense. Nothing in this subsection (c-5) requires the
30 imposition of a sentence that increases the range of
31 penalties for the offense beyond the statutory maximum that
32 could otherwise be imposed for the offense if the imposition
33 of that sentence is not required by law.
34 (d) At any time prior to trial, the State on motion
HB1511 Enrolled -3- LRB9104882RCdv
1 shall be permitted to amend the charge, whether brought by
2 indictment, information or complaint, to make the charge
3 comply with subsection (c) or (c-5) of this Section. Nothing
4 in Section 103-5 of this Code precludes such an amendment or
5 a written notification made in accordance with subsection
6 (c-5) of this Section.
7 (e) The provisions of Article 33B of the Criminal Code
8 of 1961, as amended, shall not be affected by this Section.
9 (Source: P.A. 86-964.)
10 Section 10. The Unified Code of Corrections is amended
11 by changing Sections 5-5-3, 5-5-4, 5-8-1, and 5-8-2 as
12 follows:
13 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
14 Sec. 5-5-3. Disposition.
15 (a) Every person convicted of an offense shall be
16 sentenced as provided in this Section.
17 (b) The following options shall be appropriate
18 dispositions, alone or in combination, for all felonies and
19 misdemeanors other than those identified in subsection (c) of
20 this Section:
21 (1) A period of probation.
22 (2) A term of periodic imprisonment.
23 (3) A term of conditional discharge.
24 (4) A term of imprisonment.
25 (5) An order directing the offender to clean up and
26 repair the damage, if the offender was convicted under
27 paragraph (h) of Section 21-1 of the Criminal Code of
28 1961.
29 (6) A fine.
30 (7) An order directing the offender to make
31 restitution to the victim under Section 5-5-6 of this
32 Code.
HB1511 Enrolled -4- LRB9104882RCdv
1 (8) A sentence of participation in a county impact
2 incarceration program under Section 5-8-1.2 of this Code.
3 Whenever an individual is sentenced for an offense based
4 upon an arrest for a violation of Section 11-501 of the
5 Illinois Vehicle Code, or a similar provision of a local
6 ordinance, and the professional evaluation recommends
7 remedial or rehabilitative treatment or education, neither
8 the treatment nor the education shall be the sole disposition
9 and either or both may be imposed only in conjunction with
10 another disposition. The court shall monitor compliance with
11 any remedial education or treatment recommendations contained
12 in the professional evaluation. Programs conducting alcohol
13 or other drug evaluation or remedial education must be
14 licensed by the Department of Human Services. However, if
15 the individual is not a resident of Illinois, the court may
16 accept an alcohol or other drug evaluation or remedial
17 education program in the state of such individual's
18 residence. Programs providing treatment must be licensed
19 under existing applicable alcoholism and drug treatment
20 licensure standards.
21 In addition to any other fine or penalty required by law,
22 any individual convicted of a violation of Section 11-501 of
23 the Illinois Vehicle Code or a similar provision of local
24 ordinance, whose operation of a motor vehicle while in
25 violation of Section 11-501 or such ordinance proximately
26 caused an incident resulting in an appropriate emergency
27 response, shall be required to make restitution to a public
28 agency for the costs of that emergency response. Such
29 restitution shall not exceed $500 per public agency for each
30 such emergency response. For the purpose of this paragraph,
31 emergency response shall mean any incident requiring a
32 response by: a police officer as defined under Section 1-162
33 of the Illinois Vehicle Code; a fireman carried on the rolls
34 of a regularly constituted fire department; and an ambulance
HB1511 Enrolled -5- LRB9104882RCdv
1 as defined under Section 4.05 of the Emergency Medical
2 Services (EMS) Systems Act.
3 Neither a fine nor restitution shall be the sole
4 disposition for a felony and either or both may be imposed
5 only in conjunction with another disposition.
6 (c) (1) When a defendant is found guilty of first degree
7 murder the State may either seek a sentence of
8 imprisonment under Section 5-8-1 of this Code, or where
9 appropriate seek a sentence of death under Section 9-1 of
10 the Criminal Code of 1961.
11 (2) A period of probation, a term of periodic
12 imprisonment or conditional discharge shall not be
13 imposed for the following offenses. The court shall
14 sentence the offender to not less than the minimum term
15 of imprisonment set forth in this Code for the following
16 offenses, and may order a fine or restitution or both in
17 conjunction with such term of imprisonment:
18 (A) First degree murder where the death
19 penalty is not imposed.
20 (B) Attempted first degree murder.
21 (C) A Class X felony.
22 (D) A violation of Section 401.1 or 407 of the
23 Illinois Controlled Substances Act, or a violation
24 of subdivision (c)(2) of Section 401 of that Act
25 which relates to more than 5 grams of a substance
26 containing cocaine or an analog thereof.
27 (E) A violation of Section 5.1 or 9 of the
28 Cannabis Control Act.
29 (F) A Class 2 or greater felony if the
30 offender had been convicted of a Class 2 or greater
31 felony within 10 years of the date on which the
32 offender committed the offense for which he or she
33 is being sentenced, except as otherwise provided in
34 Section 40-10 of the Alcoholism and Other Drug Abuse
HB1511 Enrolled -6- LRB9104882RCdv
1 and Dependency Act.
2 (G) Residential burglary, except as otherwise
3 provided in Section 40-10 of the Alcoholism and
4 Other Drug Abuse and Dependency Act.
5 (H) Criminal sexual assault, except as
6 otherwise provided in subsection (e) of this
7 Section.
8 (I) Aggravated battery of a senior citizen.
9 (J) A forcible felony if the offense was
10 related to the activities of an organized gang.
11 Before July 1, 1994, for the purposes of this
12 paragraph, "organized gang" means an association of
13 5 or more persons, with an established hierarchy,
14 that encourages members of the association to
15 perpetrate crimes or provides support to the members
16 of the association who do commit crimes.
17 Beginning July 1, 1994, for the purposes of
18 this paragraph, "organized gang" has the meaning
19 ascribed to it in Section 10 of the Illinois
20 Streetgang Terrorism Omnibus Prevention Act.
21 (K) Vehicular hijacking.
22 (L) A second or subsequent conviction for the
23 offense of hate crime when the underlying offense
24 upon which the hate crime is based is felony
25 aggravated assault or felony mob action.
26 (M) A second or subsequent conviction for the
27 offense of institutional vandalism if the damage to
28 the property exceeds $300.
29 (N) A Class 3 felony violation of paragraph
30 (1) of subsection (a) of Section 2 of the Firearm
31 Owners Identification Card Act.
32 (O) A violation of Section 12-6.1 of the
33 Criminal Code of 1961.
34 (P) A violation of paragraph (1), (2), (3),
HB1511 Enrolled -7- LRB9104882RCdv
1 (4), (5), or (7) of subsection (a) of Section
2 11-20.1 of the Criminal Code of 1961.
3 (Q) A violation of Section 20-1.2 of the
4 Criminal Code of 1961.
5 (R) A violation of Section 24-3A of the
6 Criminal Code of 1961.
7 (3) A minimum term of imprisonment of not less than
8 48 consecutive hours or 100 hours of community service as
9 may be determined by the court shall be imposed for a
10 second or subsequent violation committed within 5 years
11 of a previous violation of Section 11-501 of the Illinois
12 Vehicle Code or a similar provision of a local ordinance.
13 (4) A minimum term of imprisonment of not less than
14 7 consecutive days or 30 days of community service shall
15 be imposed for a violation of paragraph (c) of Section
16 6-303 of the Illinois Vehicle Code.
17 (4.1) A minimum term of 30 consecutive days of
18 imprisonment, 40 days of 24 hour periodic imprisonment or
19 720 hours of community service, as may be determined by
20 the court, shall be imposed for a violation of Section
21 11-501 of the Illinois Vehicle Code during a period in
22 which the defendant's driving privileges are revoked or
23 suspended, where the revocation or suspension was for a
24 violation of Section 11-501 or Section 11-501.1 of that
25 Code.
26 (5) The court may sentence an offender convicted of
27 a business offense or a petty offense or a corporation or
28 unincorporated association convicted of any offense to:
29 (A) a period of conditional discharge;
30 (B) a fine;
31 (C) make restitution to the victim under
32 Section 5-5-6 of this Code.
33 (6) In no case shall an offender be eligible for a
34 disposition of probation or conditional discharge for a
HB1511 Enrolled -8- LRB9104882RCdv
1 Class 1 felony committed while he was serving a term of
2 probation or conditional discharge for a felony.
3 (7) When a defendant is adjudged a habitual
4 criminal under Article 33B of the Criminal Code of 1961,
5 the court shall sentence the defendant to a term of
6 natural life imprisonment.
7 (8) When a defendant, over the age of 21 years, is
8 convicted of a Class 1 or Class 2 felony, after having
9 twice been convicted of any Class 2 or greater Class
10 felonies in Illinois, and such charges are separately
11 brought and tried and arise out of different series of
12 acts, such defendant shall be sentenced as a Class X
13 offender. This paragraph shall not apply unless (1) the
14 first felony was committed after the effective date of
15 this amendatory Act of 1977; and (2) the second felony
16 was committed after conviction on the first; and (3) the
17 third felony was committed after conviction on the
18 second.
19 (9) A defendant convicted of a second or subsequent
20 offense of ritualized abuse of a child may be sentenced
21 to a term of natural life imprisonment.
22 (d) In any case in which a sentence originally imposed
23 is vacated, the case shall be remanded to the trial court.
24 The trial court shall hold a hearing under Section 5-4-1 of
25 the Unified Code of Corrections which may include evidence of
26 the defendant's life, moral character and occupation during
27 the time since the original sentence was passed. The trial
28 court shall then impose sentence upon the defendant. The
29 trial court may impose any sentence which could have been
30 imposed at the original trial subject to Section 5-5-4 of the
31 Unified Code of Corrections. If a sentence is vacated on
32 appeal or on collateral attack due to the failure of the
33 trier of fact at trial to determine beyond a reasonable doubt
34 the existence of a fact (other than a prior conviction)
HB1511 Enrolled -9- LRB9104882RCdv
1 necessary to increase the punishment for the offense beyond
2 the statutory maximum otherwise applicable, either the
3 defendant may be re-sentenced to a term within the range
4 otherwise provided or, if the State files notice of its
5 intention to again seek the extended sentence, the defendant
6 shall be afforded a new trial.
7 (e) In cases where prosecution for criminal sexual
8 assault or aggravated criminal sexual abuse under Section
9 12-13 or 12-16 of the Criminal Code of 1961 results in
10 conviction of a defendant who was a family member of the
11 victim at the time of the commission of the offense, the
12 court shall consider the safety and welfare of the victim and
13 may impose a sentence of probation only where:
14 (1) the court finds (A) or (B) or both are
15 appropriate:
16 (A) the defendant is willing to undergo a
17 court approved counseling program for a minimum
18 duration of 2 years; or
19 (B) the defendant is willing to participate in
20 a court approved plan including but not limited to
21 the defendant's:
22 (i) removal from the household;
23 (ii) restricted contact with the victim;
24 (iii) continued financial support of the
25 family;
26 (iv) restitution for harm done to the
27 victim; and
28 (v) compliance with any other measures
29 that the court may deem appropriate; and
30 (2) the court orders the defendant to pay for the
31 victim's counseling services, to the extent that the
32 court finds, after considering the defendant's income and
33 assets, that the defendant is financially capable of
34 paying for such services, if the victim was under 18
HB1511 Enrolled -10- LRB9104882RCdv
1 years of age at the time the offense was committed and
2 requires counseling as a result of the offense.
3 Probation may be revoked or modified pursuant to Section
4 5-6-4; except where the court determines at the hearing that
5 the defendant violated a condition of his or her probation
6 restricting contact with the victim or other family members
7 or commits another offense with the victim or other family
8 members, the court shall revoke the defendant's probation and
9 impose a term of imprisonment.
10 For the purposes of this Section, "family member" and
11 "victim" shall have the meanings ascribed to them in Section
12 12-12 of the Criminal Code of 1961.
13 (f) This Article shall not deprive a court in other
14 proceedings to order a forfeiture of property, to suspend or
15 cancel a license, to remove a person from office, or to
16 impose any other civil penalty.
17 (g) Whenever a defendant is convicted of an offense
18 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
19 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
20 12-15 or 12-16 of the Criminal Code of 1961, the defendant
21 shall undergo medical testing to determine whether the
22 defendant has any sexually transmissible disease, including a
23 test for infection with human immunodeficiency virus (HIV) or
24 any other identified causative agent of acquired
25 immunodeficiency syndrome (AIDS). Any such medical test
26 shall be performed only by appropriately licensed medical
27 practitioners and may include an analysis of any bodily
28 fluids as well as an examination of the defendant's person.
29 Except as otherwise provided by law, the results of such test
30 shall be kept strictly confidential by all medical personnel
31 involved in the testing and must be personally delivered in a
32 sealed envelope to the judge of the court in which the
33 conviction was entered for the judge's inspection in camera.
34 Acting in accordance with the best interests of the victim
HB1511 Enrolled -11- LRB9104882RCdv
1 and the public, the judge shall have the discretion to
2 determine to whom, if anyone, the results of the testing may
3 be revealed. The court shall notify the defendant of the test
4 results. The court shall also notify the victim if requested
5 by the victim, and if the victim is under the age of 15 and
6 if requested by the victim's parents or legal guardian, the
7 court shall notify the victim's parents or legal guardian of
8 the test results. The court shall provide information on the
9 availability of HIV testing and counseling at Department of
10 Public Health facilities to all parties to whom the results
11 of the testing are revealed and shall direct the State's
12 Attorney to provide the information to the victim when
13 possible. A State's Attorney may petition the court to obtain
14 the results of any HIV test administered under this Section,
15 and the court shall grant the disclosure if the State's
16 Attorney shows it is relevant in order to prosecute a charge
17 of criminal transmission of HIV under Section 12-16.2 of the
18 Criminal Code of 1961 against the defendant. The court shall
19 order that the cost of any such test shall be paid by the
20 county and may be taxed as costs against the convicted
21 defendant.
22 (g-5) When an inmate is tested for an airborne
23 communicable disease, as determined by the Illinois
24 Department of Public Health including but not limited to
25 tuberculosis, the results of the test shall be personally
26 delivered by the warden or his or her designee in a sealed
27 envelope to the judge of the court in which the inmate must
28 appear for the judge's inspection in camera if requested by
29 the judge. Acting in accordance with the best interests of
30 those in the courtroom, the judge shall have the discretion
31 to determine what if any precautions need to be taken to
32 prevent transmission of the disease in the courtroom.
33 (h) Whenever a defendant is convicted of an offense
34 under Section 1 or 2 of the Hypodermic Syringes and Needles
HB1511 Enrolled -12- LRB9104882RCdv
1 Act, the defendant shall undergo medical testing to determine
2 whether the defendant has been exposed to human
3 immunodeficiency virus (HIV) or any other identified
4 causative agent of acquired immunodeficiency syndrome (AIDS).
5 Except as otherwise provided by law, the results of such test
6 shall be kept strictly confidential by all medical personnel
7 involved in the testing and must be personally delivered in a
8 sealed envelope to the judge of the court in which the
9 conviction was entered for the judge's inspection in camera.
10 Acting in accordance with the best interests of the public,
11 the judge shall have the discretion to determine to whom, if
12 anyone, the results of the testing may be revealed. The court
13 shall notify the defendant of a positive test showing an
14 infection with the human immunodeficiency virus (HIV). The
15 court shall provide information on the availability of HIV
16 testing and counseling at Department of Public Health
17 facilities to all parties to whom the results of the testing
18 are revealed and shall direct the State's Attorney to provide
19 the information to the victim when possible. A State's
20 Attorney may petition the court to obtain the results of any
21 HIV test administered under this Section, and the court
22 shall grant the disclosure if the State's Attorney shows it
23 is relevant in order to prosecute a charge of criminal
24 transmission of HIV under Section 12-16.2 of the Criminal
25 Code of 1961 against the defendant. The court shall order
26 that the cost of any such test shall be paid by the county
27 and may be taxed as costs against the convicted defendant.
28 (i) All fines and penalties imposed under this Section
29 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
30 Vehicle Code, or a similar provision of a local ordinance,
31 and any violation of the Child Passenger Protection Act, or a
32 similar provision of a local ordinance, shall be collected
33 and disbursed by the circuit clerk as provided under Section
34 27.5 of the Clerks of Courts Act.
HB1511 Enrolled -13- LRB9104882RCdv
1 (j) In cases when prosecution for any violation of
2 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
3 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
4 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
5 12-16 of the Criminal Code of 1961, any violation of the
6 Illinois Controlled Substances Act, or any violation of the
7 Cannabis Control Act results in conviction, a disposition of
8 court supervision, or an order of probation granted under
9 Section 10 of the Cannabis Control Act or Section 410 of the
10 Illinois Controlled Substance Act of a defendant, the court
11 shall determine whether the defendant is employed by a
12 facility or center as defined under the Child Care Act of
13 1969, a public or private elementary or secondary school, or
14 otherwise works with children under 18 years of age on a
15 daily basis. When a defendant is so employed, the court
16 shall order the Clerk of the Court to send a copy of the
17 judgment of conviction or order of supervision or probation
18 to the defendant's employer by certified mail. If the
19 employer of the defendant is a school, the Clerk of the Court
20 shall direct the mailing of a copy of the judgment of
21 conviction or order of supervision or probation to the
22 appropriate regional superintendent of schools. The regional
23 superintendent of schools shall notify the State Board of
24 Education of any notification under this subsection.
25 (j-5) A defendant at least 17 years of age who is
26 convicted of a felony and who has not been previously
27 convicted of a misdemeanor or felony and who is sentenced to
28 a term of imprisonment in the Illinois Department of
29 Corrections shall as a condition of his or her sentence be
30 required by the court to attend educational courses designed
31 to prepare the defendant for a high school diploma and to
32 work toward a high school diploma or to work toward passing
33 the high school level Test of General Educational Development
34 (GED) or to work toward completing a vocational training
HB1511 Enrolled -14- LRB9104882RCdv
1 program offered by the Department of Corrections. If a
2 defendant fails to complete the educational training required
3 by his or her sentence during the term of incarceration, the
4 Prisoner Review Board shall, as a condition of mandatory
5 supervised release, require the defendant, at his or her own
6 expense, to pursue a course of study toward a high school
7 diploma or passage of the GED test. The Prisoner Review
8 Board shall revoke the mandatory supervised release of a
9 defendant who wilfully fails to comply with this subsection
10 (j-5) upon his or her release from confinement in a penal
11 institution while serving a mandatory supervised release
12 term; however, the inability of the defendant after making a
13 good faith effort to obtain financial aid or pay for the
14 educational training shall not be deemed a wilful failure to
15 comply. The Prisoner Review Board shall recommit the
16 defendant whose mandatory supervised release term has been
17 revoked under this subsection (j-5) as provided in Section
18 3-3-9. This subsection (j-5) does not apply to a defendant
19 who has a high school diploma or has successfully passed the
20 GED test. This subsection (j-5) does not apply to a defendant
21 who is determined by the court to be developmentally disabled
22 or otherwise mentally incapable of completing the educational
23 or vocational program.
24 (k) A court may not impose a sentence or disposition for
25 a felony or misdemeanor that requires the defendant to be
26 implanted or injected with or to use any form of birth
27 control.
28 (l) (A) Except as provided in paragraph (C) of
29 subsection (l), whenever a defendant, who is an alien as
30 defined by the Immigration and Nationality Act, is
31 convicted of any felony or misdemeanor offense, the court
32 after sentencing the defendant may, upon motion of the
33 State's Attorney, hold sentence in abeyance and remand
34 the defendant to the custody of the Attorney General of
HB1511 Enrolled -15- LRB9104882RCdv
1 the United States or his or her designated agent to be
2 deported when:
3 (1) a final order of deportation has been
4 issued against the defendant pursuant to proceedings
5 under the Immigration and Nationality Act, and
6 (2) the deportation of the defendant would not
7 deprecate the seriousness of the defendant's conduct
8 and would not be inconsistent with the ends of
9 justice.
10 Otherwise, the defendant shall be sentenced as
11 provided in this Chapter V.
12 (B) If the defendant has already been sentenced for
13 a felony or misdemeanor offense, or has been placed on
14 probation under Section 10 of the Cannabis Control Act or
15 Section 410 of the Illinois Controlled Substances Act,
16 the court may, upon motion of the State's Attorney to
17 suspend the sentence imposed, commit the defendant to the
18 custody of the Attorney General of the United States or
19 his or her designated agent when:
20 (1) a final order of deportation has been
21 issued against the defendant pursuant to proceedings
22 under the Immigration and Nationality Act, and
23 (2) the deportation of the defendant would not
24 deprecate the seriousness of the defendant's conduct
25 and would not be inconsistent with the ends of
26 justice.
27 (C) This subsection (l) does not apply to offenders
28 who are subject to the provisions of paragraph (2) of
29 subsection (a) of Section 3-6-3.
30 (D) Upon motion of the State's Attorney, if a
31 defendant sentenced under this Section returns to the
32 jurisdiction of the United States, the defendant shall be
33 recommitted to the custody of the county from which he or
34 she was sentenced. Thereafter, the defendant shall be
HB1511 Enrolled -16- LRB9104882RCdv
1 brought before the sentencing court, which may impose any
2 sentence that was available under Section 5-5-3 at the
3 time of initial sentencing. In addition, the defendant
4 shall not be eligible for additional good conduct credit
5 for meritorious service as provided under Section 3-6-6.
6 (m) A person convicted of criminal defacement of
7 property under Section 21-1.3 of the Criminal Code of 1961,
8 in which the property damage exceeds $300 and the property
9 damaged is a school building, shall be ordered to perform
10 community service that may include cleanup, removal, or
11 painting over the defacement.
12 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
13 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
14 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
15 12-22-99; 91-695, eff. 4-13-00.)
16 (730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
17 Sec. 5-5-4. Resentences.
18 Where a conviction or sentence has been set aside on
19 direct review or on collateral attack, the court shall not
20 impose a new sentence for the same offense or for a different
21 offense based on the same conduct which is more severe than
22 the prior sentence less the portion of the prior sentence
23 previously satisfied unless the more severe sentence is based
24 upon conduct on the part of the defendant occurring after the
25 original sentencing. If a sentence is vacated on appeal or on
26 collateral attack due to the failure of the trier of fact at
27 trial to determine beyond a reasonable doubt the existence of
28 a fact (other than a prior conviction) necessary to increase
29 the punishment for the offense beyond the statutory maximum
30 otherwise applicable, either the defendant may be
31 re-sentenced to a term within the range otherwise provided
32 or, if the State files notice of its intention to again seek
33 the extended sentence, the defendant shall be afforded a new
HB1511 Enrolled -17- LRB9104882RCdv
1 trial.
2 (Source: P.A. 77-2097.)
3 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
4 Sec. 5-8-1. Sentence of Imprisonment for Felony.
5 (a) Except as otherwise provided in the statute defining
6 the offense, a sentence of imprisonment for a felony shall be
7 a determinate sentence set by the court under this Section,
8 according to the following limitations:
9 (1) for first degree murder,
10 (a) a term shall be not less than 20 years and
11 not more than 60 years, or
12 (b) if a trier of fact the court finds beyond
13 a reasonable doubt that the murder was accompanied
14 by exceptionally brutal or heinous behavior
15 indicative of wanton cruelty or, except as set forth
16 in subsection (a)(1)(c) of this Section, that any of
17 the aggravating factors listed in subsection (b) of
18 Section 9-1 of the Criminal Code of 1961 are
19 present, the court may sentence the defendant to a
20 term of natural life imprisonment, or
21 (c) the court shall sentence the defendant to
22 a term of natural life imprisonment when the death
23 penalty is not imposed if the defendant,
24 (i) has previously been convicted of
25 first degree murder under any state or federal
26 law, or
27 (ii) is a person who, at the time of the
28 commission of the murder, had attained the age
29 of 17 or more and is found guilty of murdering
30 an individual under 12 years of age; or,
31 irrespective of the defendant's age at the time
32 of the commission of the offense, is found
33 guilty of murdering more than one victim, or
HB1511 Enrolled -18- LRB9104882RCdv
1 (iii) is found guilty of murdering a
2 peace officer or fireman when the peace officer
3 or fireman was killed in the course of
4 performing his official duties, or to prevent
5 the peace officer or fireman from performing
6 his official duties, or in retaliation for the
7 peace officer or fireman performing his
8 official duties, and the defendant knew or
9 should have known that the murdered individual
10 was a peace officer or fireman, or
11 (iv) is found guilty of murdering an
12 employee of an institution or facility of the
13 Department of Corrections, or any similar local
14 correctional agency, when the employee was
15 killed in the course of performing his official
16 duties, or to prevent the employee from
17 performing his official duties, or in
18 retaliation for the employee performing his
19 official duties, or
20 (v) is found guilty of murdering an
21 emergency medical technician - ambulance,
22 emergency medical technician - intermediate,
23 emergency medical technician - paramedic,
24 ambulance driver or other medical assistance or
25 first aid person while employed by a
26 municipality or other governmental unit when
27 the person was killed in the course of
28 performing official duties or to prevent the
29 person from performing official duties or in
30 retaliation for performing official duties and
31 the defendant knew or should have known that
32 the murdered individual was an emergency
33 medical technician - ambulance, emergency
34 medical technician - intermediate, emergency
HB1511 Enrolled -19- LRB9104882RCdv
1 medical technician - paramedic, ambulance
2 driver, or other medical assistant or first aid
3 personnel, or
4 (vi) is a person who, at the time of the
5 commission of the murder, had not attained the
6 age of 17, and is found guilty of murdering a
7 person under 12 years of age and the murder is
8 committed during the course of aggravated
9 criminal sexual assault, criminal sexual
10 assault, or aggravated kidnaping, or
11 (vii) is found guilty of first degree
12 murder and the murder was committed by reason
13 of any person's activity as a community
14 policing volunteer or to prevent any person
15 from engaging in activity as a community
16 policing volunteer. For the purpose of this
17 Section, "community policing volunteer" has the
18 meaning ascribed to it in Section 2-3.5 of the
19 Criminal Code of 1961.
20 For purposes of clause (v), "emergency medical
21 technician - ambulance", "emergency medical
22 technician - intermediate", "emergency medical
23 technician - paramedic", have the meanings ascribed
24 to them in the Emergency Medical Services (EMS)
25 Systems Act.
26 (d) (i) if the person committed the offense
27 while armed with a firearm, 15 years shall be
28 added to the term of imprisonment imposed by
29 the court;
30 (ii) if, during the commission of the
31 offense, the person personally discharged a
32 firearm, 20 years shall be added to the term of
33 imprisonment imposed by the court;
34 (iii) if, during the commission of the
HB1511 Enrolled -20- LRB9104882RCdv
1 offense, the person personally discharged a
2 firearm that proximately caused great bodily
3 harm, permanent disability, permanent
4 disfigurement, or death to another person, 25
5 years or up to a term of natural life shall be
6 added to the term of imprisonment imposed by
7 the court.
8 (1.5) for second degree murder, a term shall be not
9 less than 4 years and not more than 20 years;
10 (2) for a person adjudged a habitual criminal under
11 Article 33B of the Criminal Code of 1961, as amended, the
12 sentence shall be a term of natural life imprisonment;
13 (2.5) for a person convicted under the
14 circumstances described in paragraph (3) of subsection
15 (b) of Section 12-13, paragraph (2) of subsection (d) of
16 Section 12-14, paragraph (1.2) of subsection (b) of
17 Section 12-14.1, or paragraph (2) of subsection (b) of
18 Section 12-14.1 of the Criminal Code of 1961, the
19 sentence shall be a term of natural life imprisonment;
20 (3) except as otherwise provided in the statute
21 defining the offense, for a Class X felony, the sentence
22 shall be not less than 6 years and not more than 30
23 years;
24 (4) for a Class 1 felony, other than second degree
25 murder, the sentence shall be not less than 4 years and
26 not more than 15 years;
27 (5) for a Class 2 felony, the sentence shall be not
28 less than 3 years and not more than 7 years;
29 (6) for a Class 3 felony, the sentence shall be not
30 less than 2 years and not more than 5 years;
31 (7) for a Class 4 felony, the sentence shall be not
32 less than 1 year and not more than 3 years.
33 (b) The sentencing judge in each felony conviction shall
34 set forth his reasons for imposing the particular sentence he
HB1511 Enrolled -21- LRB9104882RCdv
1 enters in the case, as provided in Section 5-4-1 of this
2 Code. Those reasons may include any mitigating or
3 aggravating factors specified in this Code, or the lack of
4 any such circumstances, as well as any other such factors as
5 the judge shall set forth on the record that are consistent
6 with the purposes and principles of sentencing set out in
7 this Code.
8 (c) A motion to reduce a sentence may be made, or the
9 court may reduce a sentence without motion, within 30 days
10 after the sentence is imposed. A defendant's challenge to
11 the correctness of a sentence or to any aspect of the
12 sentencing hearing shall be made by a written motion filed
13 within 30 days following the imposition of sentence.
14 However, the court may not increase a sentence once it is
15 imposed.
16 If a motion filed pursuant to this subsection is timely
17 filed within 30 days after the sentence is imposed, the
18 proponent of the motion shall exercise due diligence in
19 seeking a determination on the motion and the court shall
20 thereafter decide such motion within a reasonable time.
21 If a motion filed pursuant to this subsection is timely
22 filed within 30 days after the sentence is imposed, then for
23 purposes of perfecting an appeal, a final judgment shall not
24 be considered to have been entered until the motion to reduce
25 a sentence has been decided by order entered by the trial
26 court.
27 A motion filed pursuant to this subsection shall not be
28 considered to have been timely filed unless it is filed with
29 the circuit court clerk within 30 days after the sentence is
30 imposed together with a notice of motion, which notice of
31 motion shall set the motion on the court's calendar on a date
32 certain within a reasonable time after the date of filing.
33 (d) Except where a term of natural life is imposed,
34 every sentence shall include as though written therein a term
HB1511 Enrolled -22- LRB9104882RCdv
1 in addition to the term of imprisonment. For those sentenced
2 under the law in effect prior to February 1, 1978, such term
3 shall be identified as a parole term. For those sentenced on
4 or after February 1, 1978, such term shall be identified as a
5 mandatory supervised release term. Subject to earlier
6 termination under Section 3-3-8, the parole or mandatory
7 supervised release term shall be as follows:
8 (1) for first degree murder or a Class X felony, 3
9 years;
10 (2) for a Class 1 felony or a Class 2 felony, 2
11 years;
12 (3) for a Class 3 felony or a Class 4 felony, 1
13 year;
14 (4) if the victim is under 18 years of age, for a
15 second or subsequent offense of criminal sexual assault
16 or aggravated criminal sexual assault, 5 years, at least
17 the first 2 years of which the defendant shall serve in
18 an electronic home detention program under Article 8A of
19 Chapter V of this Code;
20 (5) if the victim is under 18 years of age, for a
21 second or subsequent offense of aggravated criminal
22 sexual abuse or felony criminal sexual abuse, 4 years, at
23 least the first 2 years of which the defendant shall
24 serve in an electronic home detention program under
25 Article 8A of Chapter V of this Code.
26 (e) A defendant who has a previous and unexpired
27 sentence of imprisonment imposed by another state or by any
28 district court of the United States and who, after sentence
29 for a crime in Illinois, must return to serve the unexpired
30 prior sentence may have his sentence by the Illinois court
31 ordered to be concurrent with the prior sentence in the other
32 state. The court may order that any time served on the
33 unexpired portion of the sentence in the other state, prior
34 to his return to Illinois, shall be credited on his Illinois
HB1511 Enrolled -23- LRB9104882RCdv
1 sentence. The other state shall be furnished with a copy of
2 the order imposing sentence which shall provide that, when
3 the offender is released from confinement of the other state,
4 whether by parole or by termination of sentence, the offender
5 shall be transferred by the Sheriff of the committing county
6 to the Illinois Department of Corrections. The court shall
7 cause the Department of Corrections to be notified of such
8 sentence at the time of commitment and to be provided with
9 copies of all records regarding the sentence.
10 (f) A defendant who has a previous and unexpired
11 sentence of imprisonment imposed by an Illinois circuit court
12 for a crime in this State and who is subsequently sentenced
13 to a term of imprisonment by another state or by any district
14 court of the United States and who has served a term of
15 imprisonment imposed by the other state or district court of
16 the United States, and must return to serve the unexpired
17 prior sentence imposed by the Illinois Circuit Court may
18 apply to the court which imposed sentence to have his
19 sentence reduced.
20 The circuit court may order that any time served on the
21 sentence imposed by the other state or district court of the
22 United States be credited on his Illinois sentence. Such
23 application for reduction of a sentence under this
24 subsection (f) shall be made within 30 days after the
25 defendant has completed the sentence imposed by the other
26 state or district court of the United States.
27 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
28 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
29 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
30 Sec. 5-8-2. Extended Term. (a) A judge shall not
31 sentence an offender to a term of imprisonment in excess of
32 the maximum sentence authorized by Section 5-8-1 for the
33 class of the most serious offense of which the offender was
HB1511 Enrolled -24- LRB9104882RCdv
1 convicted unless the factors in aggravation set forth in
2 paragraph (b) of Section 5-5-3.2 were found to be present.
3 Where a trier of fact the judge finds beyond a reasonable
4 doubt that such factors were present, the judge he may
5 sentence an offender to the following:
6 (1) for first degree murder, a term shall be not less
7 than 60 years and not more than 100 years;
8 (2) for a Class X felony, a term shall be not less than
9 30 years and not more than 60 years;
10 (3) for a Class 1 felony, a term shall be not less than
11 15 years and not more than 30 years;
12 (4) for a Class 2 felony, a term shall be not less than
13 7 years and not more than 14 years;
14 (5) for a Class 3 felony, a term shall not be less than
15 5 years and not more than 10 years;
16 (6) for a Class 4 felony, a term shall be not less than
17 3 years and not more than 6 years.
18 (b) If the conviction was by plea, it shall appear on
19 the record that the plea was entered with the defendant's
20 knowledge that a sentence under this Section was a
21 possibility. If it does not so appear on the record, the
22 defendant shall not be subject to such a sentence unless he
23 is first given an opportunity to withdraw his plea without
24 prejudice.
25 (Source: P.A. 85-902.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.
[ Top ]