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91_SB0509enr
SB509 Enrolled LRB9104252KSgc
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 12-4.1, 20-2, and 26-1 and adding Sections
6 12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:
7 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
8 Sec. 12-4.1. Heinous Battery.
9 (a) A person who, in committing a battery, knowingly
10 causes severe and permanent disability, great bodily harm or
11 disfigurement by means of a caustic or flammable substance, a
12 poisonous gas, a deadly biological or chemical contaminant or
13 agent, a radioactive substance, or a bomb or explosive
14 compound commits heinous battery.
15 (b) Sentence. Heinous battery is a Class X felony for
16 which a person shall be sentenced to a term of imprisonment
17 of no less than 6 years and no more than 45 years.
18 (Source: P.A. 88-285.)
19 (720 ILCS 5/12-4.2-5 new)
20 Sec. 12-4.2-5. Aggravated battery with a machine gun or
21 a firearm equipped with any device or attachment designed or
22 used for silencing the report of a firearm.
23 (a) A person commits aggravated battery with a machine
24 gun or a firearm equipped with a device designed or used for
25 silencing the report of a firearm when he or she, in
26 committing a battery, knowingly or intentionally by means of
27 the discharging of a machine gun or a firearm equipped with a
28 device designed or used for silencing the report of a firearm
29 (1) causes any injury to another person, or (2) causes any
30 injury to a person he or she knows to be a peace officer, a
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1 person summoned by a peace officer, a correctional
2 institution employee or a fireman while the officer,
3 employee or fireman is engaged in the execution of any of his
4 or her official duties, or to prevent the officer, employee
5 or fireman from performing his or her official duties, or in
6 retaliation for the officer, employee or fireman performing
7 his or her official duties, or (3) causes any injury to a
8 person he or she knows to be an emergency medical technician
9 - ambulance, emergency medical technician - intermediate,
10 emergency medical technician - paramedic, ambulance driver,
11 or other medical assistance or first aid personnel, employed
12 by a municipality or other governmental unit, while the
13 emergency medical technician - ambulance, emergency medical
14 technician - intermediate, emergency medical technician -
15 paramedic, ambulance driver, or other medical assistance or
16 first aid personnel is engaged in the execution of any of his
17 or her official duties, or to prevent the emergency medical
18 technician - ambulance, emergency medical technician -
19 intermediate, emergency medical technician - paramedic,
20 ambulance driver, or other medical assistance or first aid
21 personnel from performing his or her official duties, or in
22 retaliation for the emergency medical technician - ambulance,
23 emergency medical technician - intermediate, emergency
24 medical technician - paramedic, ambulance driver, or other
25 medical assistance or first aid personnel performing his or
26 her official duties.
27 (b) A violation of subsection (a) (1) of this Section is
28 a Class X felony for which the person shall be sentenced to a
29 term of imprisonment of no less than 12 years and no more
30 than 45 years. A violation of subsection (a) (2) or
31 subsection (a) (3) of this Section is a Class X felony for
32 which the sentence shall be a term of imprisonment of no less
33 than 20 years and no more than 60 years.
34 (c) For purposes of this Section, "firearm" is defined
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1 as in the Firearm Owners Identification Card Act.
2 (d) For purposes of this Section, "machine gun" has the
3 meaning ascribed to it in clause (i) of paragraph (7) of
4 subsection (a) of Section 24-1 of this Code.
5 (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
6 Sec. 20-2. Possession of explosives or explosive or
7 incendiary devices. (a) A person commits the offense of
8 possession of explosives or explosive or incendiary devices
9 in violation of this Section when he possesses, manufactures
10 or transports any explosive compound, timing or detonating
11 device for use with any explosive compound or incendiary
12 device and either intends to use such explosive or device to
13 commit any offense or knows that another intends to use such
14 explosive or device to commit a felony.
15 (b) Sentence.
16 Possession of explosives or explosive or incendiary
17 devices in violation of this Section is a Class 1 2 felony
18 for which a person, if sentenced to a term of imprisonment,
19 shall be sentenced to not less than 4 years and not more than
20 30 years.
21 (Source: P.A. 84-1308.)
22 (720 ILCS 5/Art. 20.5 heading new)
23 ARTICLE 20.5. DEADLY SUBSTANCES
24 (720 ILCS 5/20.5-6 new)
25 Sec. 20.5-6. Possession of a deadly substance.
26 (a) A person commits the offense of possession of a
27 deadly substance when he or she possesses, manufactures or
28 transports any poisonous gas, deadly biological or chemical
29 contaminant or agent, or radioactive substance either with
30 the intent to use such gas, biological or chemical
31 contaminant or agent, or radioactive substance to commit a
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1 felony or with the knowledge that another person intends to
2 use such gas, biological or chemical contaminant or agent, or
3 radioactive substance to commit a felony.
4 (b) Sentence. Possession of a deadly substance is a
5 Class 1 felony for which a person, if sentenced to a term of
6 imprisonment, shall be sentenced to a term of not less than 4
7 years and not more than 30 years.
8 (720 ILCS 5/24-1.2-5 new)
9 Sec. 24-1.2-5. Aggravated discharge of a machine gun or
10 a firearm equipped with a device designed or used for
11 silencing the report of a firearm.
12 (a) A person commits aggravated discharge of a machine
13 gun or a firearm equipped with a device designed or used for
14 silencing the report of a firearm when he or she knowingly or
15 intentionally:
16 (1) Discharges a machine gun or a firearm equipped
17 with a device designed or used for silencing the report
18 of a firearm at or into a building he or she knows to be
19 occupied and the machine gun or the firearm equipped with
20 a device designed or used for silencing the report of a
21 firearm is discharged from a place or position outside
22 that building;
23 (2) Discharges a machine gun or a firearm equipped
24 with a device designed or used for silencing the report
25 of a firearm in the direction of another person or in the
26 direction of a vehicle he or she knows to be occupied;
27 (3) Discharges a machine gun or a firearm equipped
28 with a device designed or used for silencing the report
29 of a firearm in the direction of a person he or she knows
30 to be a peace officer, a person summoned or directed by a
31 peace officer, a correctional institution employee, or a
32 fireman while the officer, employee or fireman is engaged
33 in the execution of any of his or her official duties, or
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1 to prevent the officer, employee or fireman from
2 performing his or her official duties, or in retaliation
3 for the officer, employee or fireman performing his or
4 her official duties;
5 (4) Discharges a machine gun or a firearm equipped
6 with a device designed or used for silencing the report
7 of a firearm in the direction of a vehicle he or she
8 knows to be occupied by a peace officer, a person
9 summoned or directed by a peace officer, a correctional
10 institution employee or a fireman while the officer,
11 employee or fireman is engaged in the execution of any of
12 his or her official duties, or to prevent the officer,
13 employee or fireman from performing his or her official
14 duties, or in retaliation for the officer, employee or
15 fireman performing his or her official duties;
16 (5) Discharges a machine gun or a firearm equipped
17 with a device designed or used for silencing the report
18 of a firearm in the direction of a person he or she knows
19 to be an emergency medical technician - ambulance,
20 emergency medical technician - intermediate, emergency
21 medical technician - paramedic, ambulance driver, or
22 other medical assistance or first aid personnel, employed
23 by a municipality or other governmental unit, while the
24 emergency medical technician - ambulance, emergency
25 medical technician - intermediate, emergency medical
26 technician - paramedic, ambulance driver, or other
27 medical assistance or first aid personnel is engaged in
28 the execution of any of his or her official duties, or to
29 prevent the emergency medical technician - ambulance,
30 emergency medical technician - intermediate, emergency
31 medical technician - paramedic, ambulance driver, or
32 other medical assistance or first aid personnel from
33 performing his or her official duties, or in retaliation
34 for the emergency medical technician - ambulance,
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1 emergency medical technician - intermediate, emergency
2 medical technician - paramedic, ambulance driver, or
3 other medical assistance or first aid personnel
4 performing his or her official duties; or
5 (6) Discharges a machine gun or a firearm equipped
6 with a device designed or used for silencing the report
7 of a firearm in the direction of a vehicle he or she
8 knows to be occupied by an emergency medical technician -
9 ambulance, emergency medical technician - intermediate,
10 emergency medical technician - paramedic, ambulance
11 driver, or other medical assistance or first aid
12 personnel, employed by a municipality or other
13 governmental unit, while the emergency medical technician
14 - ambulance, emergency medical technician - intermediate,
15 emergency medical technician - paramedic, ambulance
16 driver, or other medical assistance or first aid
17 personnel is engaged in the execution of any of his or
18 her official duties, or to prevent the emergency medical
19 technician - ambulance, emergency medical technician -
20 intermediate, emergency medical technician - paramedic,
21 ambulance driver, or other medical assistance or first
22 aid personnel from performing his or her official duties,
23 or in retaliation for the emergency medical technician -
24 ambulance, emergency medical technician - intermediate,
25 emergency medical technician - paramedic, ambulance
26 driver, or other medical assistance or first aid
27 personnel performing his or her official duties.
28 (b) A violation of subsection (a) (1) or subsection
29 (a) (2) of this Section is a Class X felony. A violation of
30 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
31 Section is a Class X felony for which the sentence shall be a
32 term of imprisonment of no less than 12 years and no more
33 than 50 years.
34 (c) For the purpose of this Section, "machine gun" has
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1 the meaning ascribed to it in clause (i) of paragraph (7) of
2 subsection (a) of Section 24-1 of this Code.
3 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
4 Sec. 26-1. Elements of the Offense.
5 (a) A person commits disorderly conduct when he
6 knowingly:
7 (1) Does any act in such unreasonable manner as to
8 alarm or disturb another and to provoke a breach of the
9 peace; or
10 (2) Transmits or causes to be transmitted in any
11 manner to the fire department of any city, town, village
12 or fire protection district a false alarm of fire,
13 knowing at the time of such transmission that there is no
14 reasonable ground for believing that such fire exists; or
15 (3) Transmits or causes to be transmitted in any
16 manner to another a false alarm to the effect that a bomb
17 or other explosive of any nature or a container holding
18 poison gas, a deadly biological or chemical contaminant,
19 or radioactive substance is concealed in such place that
20 its explosion or release would endanger human life,
21 knowing at the time of such transmission that there is no
22 reasonable ground for believing that such bomb, or
23 explosive or a container holding poison gas, a deadly
24 biological or chemical contaminant, or radioactive
25 substance is concealed in such place; or
26 (4) Transmits or causes to be transmitted in any
27 manner to any peace officer, public officer or public
28 employee a report to the effect that an offense will be
29 committed, is being committed, or has been committed,
30 knowing at the time of such transmission that there is no
31 reasonable ground for believing that such an offense will
32 be committed, is being committed, or has been committed;
33 or
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1 (5) Enters upon the property of another and for a
2 lewd or unlawful purpose deliberately looks into a
3 dwelling on the property through any window or other
4 opening in it; or
5 (6) While acting as a collection agency as defined
6 in the "Collection Agency Act" or as an employee of such
7 collection agency, and while attempting to collect an
8 alleged debt, makes a telephone call to the alleged
9 debtor which is designed to harass, annoy or intimidate
10 the alleged debtor; or
11 (7) Transmits or causes to be transmitted a false
12 report to the Department of Children and Family Services
13 under Section 4 of the "Abused and Neglected Child
14 Reporting Act"; or
15 (8) Transmits or causes to be transmitted a false
16 report to the Department of Public Health under the
17 Nursing Home Care Act; or
18 (9) Transmits or causes to be transmitted in any
19 manner to the police department or fire department of any
20 municipality or fire protection district, or any
21 privately owned and operated ambulance service, a false
22 request for an ambulance, emergency medical
23 technician-ambulance or emergency medical
24 technician-paramedic knowing at the time there is no
25 reasonable ground for believing that such assistance is
26 required; or
27 (10) Transmits or causes to be transmitted a false
28 report under Article II of "An Act in relation to victims
29 of violence and abuse", approved September 16, 1984, as
30 amended; or
31 (11) Transmits or causes to be transmitted a false
32 report to any public safety agency without the reasonable
33 grounds necessary to believe that transmitting such a
34 report is necessary for the safety and welfare of the
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1 public; or
2 (12) Calls the number "911" for the purpose of
3 making or transmitting a false alarm or complaint and
4 reporting information when, at the time the call or
5 transmission is made, the person knows there is no
6 reasonable ground for making the call or transmission and
7 further knows that the call or transmission could result
8 in the emergency response of any public safety agency.
9 (b) Sentence.
10 (1) A violation of subsection (a) (1) of this Section is
11 a Class C misdemeanor. A violation of subsection (a) (7),
12 (a)(11), or (a)(12) of this Section is a Class A misdemeanor.
13 A violation of subsection (a) (5), (a) (8) or (a) (10) of
14 this Section is a Class B misdemeanor. A violation of
15 subsection (a) (2), (a) (3), (a)(4), or (a)(9) of this
16 Section is a Class 4 felony. A violation of subsection (a)(3)
17 of this Section is a Class 3 felony, for which a fine of not
18 less than $3,000 and no more than $10,000 shall be assessed
19 in addition to any other penalty imposed.
20 A violation of subsection (a) (6) of this Section is a
21 Business Offense and shall be punished by a fine not to
22 exceed $3,000. A second or subsequent violation of subsection
23 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4
24 felony.
25 (c) In addition to any other sentence that may be
26 imposed, a court shall order any person convicted of
27 disorderly conduct to perform community service for not less
28 than 30 and not more than 120 hours, if community service is
29 available in the jurisdiction and is funded and approved by
30 the county board of the county where the offense was
31 committed. In addition, whenever any person is placed on
32 supervision for an alleged offense under this Section, the
33 supervision shall be conditioned upon the performance of the
34 community service.
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1 This subsection does not apply when the court imposes a
2 sentence of incarceration.
3 (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)
4 Section 10. The Unified Code of Corrections is amended
5 by changing Section 3-6-3 as follows:
6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
7 Sec. 3-6-3. Rules and Regulations for Early Release.
8 (a)(1) The Department of Corrections shall
9 prescribe rules and regulations for the early release on
10 account of good conduct of persons committed to the
11 Department which shall be subject to review by the
12 Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after June 19, 1998 the effective date of this amendatory
16 Act of 1998, the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
32 imprisonment; and
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1 (iii) that a prisoner serving a sentence for
2 home invasion, armed robbery, aggravated vehicular
3 hijacking, aggravated discharge of a firearm, or
4 armed violence with a category I weapon or category
5 II weapon, when the court has made and entered a
6 finding, pursuant to subsection (c-1) of Section
7 5-4-1 of this Code, that the conduct leading to
8 conviction for the enumerated offense resulted in
9 great bodily harm to a victim, shall receive no more
10 than 4.5 days of good conduct credit for each month
11 of his or her sentence of imprisonment.
12 (2.1) For all offenses, other than those enumerated
13 in subdivision (a)(2) committed on or after June 19, 1998
14 the effective date of this amendatory Act of 1998, and
15 other than the offense of reckless homicide as defined in
16 subsection (e) of Section 9-3 of the Criminal Code of
17 1961 committed on or after January 1, 1999, the rules and
18 regulations shall provide that a prisoner who is serving
19 a term of imprisonment shall receive one day of good
20 conduct credit for each day of his or her sentence of
21 imprisonment or recommitment under Section 3-3-9. Each
22 day of good conduct credit shall reduce by one day the
23 prisoner's period of imprisonment or recommitment under
24 Section 3-3-9.
25 (2.2) A prisoner serving a term of natural life
26 imprisonment or a prisoner who has been sentenced to
27 death shall receive no good conduct credit.
28 (2.3) The rules and regulations on early release
29 shall provide that a prisoner who is serving a sentence
30 for reckless homicide as defined in subsection (e) of
31 Section 9-3 of the Criminal Code of 1961 committed on or
32 after January 1, 1999 shall receive no more than 4.5 days
33 of good conduct credit for each month of his or her
34 sentence of imprisonment.
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1 (2.4) The rules and regulations on early release
2 shall provide with respect to the offenses of aggravated
3 battery with a machine gun or a firearm equipped with any
4 device or attachment designed or used for silencing the
5 report of a firearm or aggravated discharge of a machine
6 gun or a firearm equipped with any device or attachment
7 designed or used for silencing the report of a firearm,
8 committed on or after the effective date of this
9 amendatory Act of 1999, that a prisoner serving a
10 sentence for any of these offenses shall receive no more
11 than 4.5 days of good conduct credit for each month of
12 his or her sentence of imprisonment.
13 (3) The rules and regulations shall also provide
14 that the Director may award up to 180 days additional
15 good conduct credit for meritorious service in specific
16 instances as the Director deems proper; except that no
17 more than 90 days of good conduct credit for meritorious
18 service shall be awarded to any prisoner who is serving a
19 sentence for conviction of first degree murder, reckless
20 homicide while under the influence of alcohol or any
21 other drug, aggravated kidnapping, kidnapping, predatory
22 criminal sexual assault of a child, aggravated criminal
23 sexual assault, criminal sexual assault, deviate sexual
24 assault, aggravated criminal sexual abuse, aggravated
25 indecent liberties with a child, indecent liberties with
26 a child, child pornography, heinous battery, aggravated
27 battery of a spouse, aggravated battery of a spouse with
28 a firearm, stalking, aggravated stalking, aggravated
29 battery of a child, endangering the life or health of a
30 child, cruelty to a child, or narcotic racketeering.
31 Notwithstanding the foregoing, good conduct credit for
32 meritorious service shall not be awarded on a sentence of
33 imprisonment imposed for conviction of: (i) one of the
34 offenses enumerated in subdivision (a)(2) when the
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1 offense is committed on or after June 19, 1998, (ii)
2 reckless homicide as defined in subsection (e) of Section
3 9-3 of the Criminal Code of 1961 when the offense is
4 committed on or after January 1, 1999, or (iii) for
5 conviction of one of the offenses enumerated in
6 subdivision (a)(2.4) when the offense is committed on or
7 after the effective date of this amendatory Act of 1999
8 the effective date of this amendatory Act of 1998.
9 (4) The rules and regulations shall also provide
10 that the good conduct credit accumulated and retained
11 under paragraph (2.1) of subsection (a) of this Section
12 by any inmate during specific periods of time in which
13 such inmate is engaged full-time in substance abuse
14 programs, correctional industry assignments, or
15 educational programs provided by the Department under
16 this paragraph (4) and satisfactorily completes the
17 assigned program as determined by the standards of the
18 Department, shall be multiplied by a factor of 1.25 for
19 program participation before August 11, 1993 and 1.50 for
20 program participation on or after that date. However, no
21 inmate shall be eligible for the additional good conduct
22 credit under this paragraph (4) while assigned to a boot
23 camp, mental health unit, or electronic detention, or if
24 convicted of an offense enumerated in paragraph (a)(2) of
25 this Section that is committed on or after June 19, 1998
26 the effective date of this amendatory Act of 1998, or if
27 convicted of reckless homicide as defined in subsection
28 (e) of Section 9-3 of the Criminal Code of 1961 if the
29 offense is committed on or after January 1, 1999, or if
30 convicted of an offense enumerated in paragraph (a)(2.4)
31 of this Section that is committed on or after the
32 effective date of this amendatory Act of 1999, or first
33 degree murder, a Class X felony, criminal sexual assault,
34 felony criminal sexual abuse, aggravated criminal sexual
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1 abuse, aggravated battery with a firearm, or any
2 predecessor or successor offenses with the same or
3 substantially the same elements, or any inchoate offenses
4 relating to the foregoing offenses. No inmate shall be
5 eligible for the additional good conduct credit under
6 this paragraph (4) who (i) has previously received
7 increased good conduct credit under this paragraph (4)
8 and has subsequently been convicted of a felony, or (ii)
9 has previously served more than one prior sentence of
10 imprisonment for a felony in an adult correctional
11 facility.
12 Educational, vocational, substance abuse and
13 correctional industry programs under which good conduct
14 credit may be increased under this paragraph (4) shall be
15 evaluated by the Department on the basis of documented
16 standards. The Department shall report the results of
17 these evaluations to the Governor and the General
18 Assembly by September 30th of each year. The reports
19 shall include data relating to the recidivism rate among
20 program participants.
21 Availability of these programs shall be subject to
22 the limits of fiscal resources appropriated by the
23 General Assembly for these purposes. Eligible inmates
24 who are denied immediate admission shall be placed on a
25 waiting list under criteria established by the
26 Department. The inability of any inmate to become engaged
27 in any such programs by reason of insufficient program
28 resources or for any other reason established under the
29 rules and regulations of the Department shall not be
30 deemed a cause of action under which the Department or
31 any employee or agent of the Department shall be liable
32 for damages to the inmate.
33 (5) Whenever the Department is to release any
34 inmate earlier than it otherwise would because of a grant
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1 of good conduct credit for meritorious service given at
2 any time during the term, the Department shall give
3 reasonable advance notice of the impending release to the
4 State's Attorney of the county where the prosecution of
5 the inmate took place.
6 (b) Whenever a person is or has been committed under
7 several convictions, with separate sentences, the sentences
8 shall be construed under Section 5-8-4 in granting and
9 forfeiting of good time.
10 (c) The Department shall prescribe rules and regulations
11 for revoking good conduct credit, or suspending or reducing
12 the rate of accumulation of good conduct credit for specific
13 rule violations, during imprisonment. These rules and
14 regulations shall provide that no inmate may be penalized
15 more than one year of good conduct credit for any one
16 infraction.
17 When the Department seeks to revoke, suspend or reduce
18 the rate of accumulation of any good conduct credits for an
19 alleged infraction of its rules, it shall bring charges
20 therefor against the prisoner sought to be so deprived of
21 good conduct credits before the Prisoner Review Board as
22 provided in subparagraph (a)(4) of Section 3-3-2 of this
23 Code, if the amount of credit at issue exceeds 30 days or
24 when during any 12 month period, the cumulative amount of
25 credit revoked exceeds 30 days except where the infraction is
26 committed or discovered within 60 days of scheduled release.
27 In those cases, the Department of Corrections may revoke up
28 to 30 days of good conduct credit. The Board may subsequently
29 approve the revocation of additional good conduct credit, if
30 the Department seeks to revoke good conduct credit in excess
31 of 30 days. However, the Board shall not be empowered to
32 review the Department's decision with respect to the loss of
33 30 days of good conduct credit within any calendar year for
34 any prisoner or to increase any penalty beyond the length
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1 requested by the Department.
2 The Director of the Department of Corrections, in
3 appropriate cases, may restore up to 30 days good conduct
4 credits which have been revoked, suspended or reduced. Any
5 restoration of good conduct credits in excess of 30 days
6 shall be subject to review by the Prisoner Review Board.
7 However, the Board may not restore good conduct credit in
8 excess of the amount requested by the Director.
9 Nothing contained in this Section shall prohibit the
10 Prisoner Review Board from ordering, pursuant to Section
11 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
12 the sentence imposed by the court that was not served due to
13 the accumulation of good conduct credit.
14 (d) If a lawsuit is filed by a prisoner in an Illinois
15 or federal court against the State, the Department of
16 Corrections, or the Prisoner Review Board, or against any of
17 their officers or employees, and the court makes a specific
18 finding that a pleading, motion, or other paper filed by the
19 prisoner is frivolous, the Department of Corrections shall
20 conduct a hearing to revoke up to 180 days of good conduct
21 credit by bringing charges against the prisoner sought to be
22 deprived of the good conduct credits before the Prisoner
23 Review Board as provided in subparagraph (a)(8) of Section
24 3-3-2 of this Code. If the prisoner has not accumulated 180
25 days of good conduct credit at the time of the finding, then
26 the Prisoner Review Board may revoke all good conduct credit
27 accumulated by the prisoner.
28 For purposes of this subsection (d):
29 (1) "Frivolous" means that a pleading, motion, or
30 other filing which purports to be a legal document filed
31 by a prisoner in his or her lawsuit meets any or all of
32 the following criteria:
33 (A) it lacks an arguable basis either in law
34 or in fact;
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1 (B) it is being presented for any improper
2 purpose, such as to harass or to cause unnecessary
3 delay or needless increase in the cost of
4 litigation;
5 (C) the claims, defenses, and other legal
6 contentions therein are not warranted by existing
7 law or by a nonfrivolous argument for the extension,
8 modification, or reversal of existing law or the
9 establishment of new law;
10 (D) the allegations and other factual
11 contentions do not have evidentiary support or, if
12 specifically so identified, are not likely to have
13 evidentiary support after a reasonable opportunity
14 for further investigation or discovery; or
15 (E) the denials of factual contentions are not
16 warranted on the evidence, or if specifically so
17 identified, are not reasonably based on a lack of
18 information or belief.
19 (2) "Lawsuit" means a petition for post-conviction
20 relief under Article 122 of the Code of Criminal
21 Procedure of 1963, a motion pursuant to Section 116-3 of
22 the Code of Criminal Procedure of 1963, a habeas corpus
23 action under Article X of the Code of Civil Procedure or
24 under federal law (28 U.S.C. 2254), a petition for claim
25 under the Court of Claims Act or an action under the
26 federal Civil Rights Act (42 U.S.C. 1983).
27 (e) Nothing in this amendatory Act of 1998 affects the
28 validity of Public Act 89-404. and other than the offense of
29 reckless homicide as defined in subsection (e) of Section 9-3
30 of the Criminal Code of 1961 committed on or after the
31 effective date of this amendatory Act of 1998, (2.3) The
32 rules and regulations on early release shall provide that a
33 prisoner who is serving sentence for reckless homicide as
34 defined in subsection (e) of Section 9-3 of the Criminal Code
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1 of 1961 committed on or after the effective date of this
2 amendatory Act of 1998 shall receive no more than 4.5 days of
3 good conduct credit for each month of his or her sentence of
4 imprisonment.: (i) or (ii) reckless homicide as defined in
5 subsection (e) of Section 9-3 of the Criminal Code of 1961
6 when the offense is committed on or after the effective date
7 of this amendatory Act of 1998 or if convicted of reckless
8 homicide as defined in subsection (e) of Section 9-3 of the
9 Criminal Code of 1961 if the offense is committed on or after
10 the effective date of this amendatory Act of 1998,
11 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
12 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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