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91_SB1112enr
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1 AN ACT in relation to criminal penalties, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 8-4, 9-1.2, 10-2, 12-4.3, 12-11, 12-14,
7 12-14.1, 18-2, 18-4, 33A-1, 33A-2, and adding Sections 2-3.6,
8 2-7.5, and 2-15.5 as follows:
9 (720 ILCS 5/2-3.6 new)
10 Sec. 2-3.6. "Armed with a firearm". Except as otherwise
11 provided in a specific Section, a person is considered "armed
12 with a firearm" when he or she carries on or about his or her
13 person or is otherwise armed with a firearm.
14 (720 ILCS 5/2-7.5 new)
15 Sec. 5/2-7.5. "Firearm". Except as otherwise provided
16 in a specific Section, "firearm" has the meaning ascribed to
17 it in Section 1.1 of the Firearm Owners Identification Card
18 Act.
19 (720 ILCS 5/2-15.5 new)
20 Sec. 2-15.5. "Personally discharged a firearm". A
21 person is considered to have "personally discharged a
22 firearm" when he or she, while armed with a firearm,
23 knowingly and intentionally fires a firearm causing the
24 ammunition projectile to be forcefully expelled from the
25 firearm.
26 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
27 Sec. 8-4. Attempt.
28 (a) Elements of the Offense.
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1 A person commits an attempt when, with intent to commit a
2 specific offense, he does any act which constitutes a
3 substantial step toward the commission of that offense.
4 (b) Impossibility.
5 It shall not be a defense to a charge of attempt that
6 because of a misapprehension of the circumstances it would
7 have been impossible for the accused to commit the offense
8 attempted.
9 (c) Sentence.
10 A person convicted of an attempt may be fined or
11 imprisoned or both not to exceed the maximum provided for the
12 offense attempted but, except for an attempt to commit the
13 offense defined in Section 33A-2 of this Act,
14 (1) the sentence for attempt to commit first degree
15 murder is the sentence for a Class X felony, except that
16 (A) an attempt to commit first degree murder
17 when at least one of the aggravating factors
18 specified in paragraphs (1), (2) and (12) of
19 subsection (b) of Section 9-1 is present is a Class
20 X felony for which the sentence shall be a term of
21 imprisonment of not less than 20 years and not more
22 than 80 years;
23 (B) an attempt to commit first degree murder
24 while armed with a firearm is a Class X felony for
25 which 15 years shall be added to the term of
26 imprisonment imposed by the court;
27 (C) an attempt to commit first degree murder
28 during which the person personally discharged a
29 firearm is a Class X felony for which 20 years shall
30 be added to the term of imprisonment imposed by the
31 court;
32 (D) an attempt to commit first degree murder
33 during which the person personally discharged a
34 firearm that proximately caused great bodily harm,
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1 permanent disability, permanent disfigurement, or
2 death to another person, is a Class X felony for
3 which 25 years or up to a term of natural life shall
4 be added to the term of imprisonment imposed by the
5 court.
6 (2) the sentence for attempt to commit a Class X
7 felony is the sentence for a Class 1 felony;
8 (3) the sentence for attempt to commit a Class 1
9 felony is the sentence for a Class 2 felony;
10 (4) the sentence for attempt to commit a Class 2
11 felony is the sentence for a Class 3 felony; and
12 (5) the sentence for attempt to commit any felony
13 other than those specified in Subsections (1), (2), (3)
14 and (4) hereof is the sentence for a Class A misdemeanor.
15 (Source: P.A. 87-921; 88-680, eff. 1-1-95.)
16 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
17 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a)
18 A person commits the offense of intentional homicide of an
19 unborn child if, in performing acts which cause the death of
20 an unborn child, he without lawful justification:
21 (1) either intended to cause the death of or do great
22 bodily harm to the pregnant woman or her unborn child or knew
23 that such acts would cause death or great bodily harm to the
24 pregnant woman or her unborn child; or
25 (2) he knew that his acts created a strong probability
26 of death or great bodily harm to the pregnant woman or her
27 unborn child; and
28 (3) he knew that the woman was pregnant.
29 (b) For purposes of this Section, (1) "unborn child"
30 shall mean any individual of the human species from
31 fertilization until birth, and (2) "person" shall not include
32 the pregnant woman whose unborn child is killed.
33 (c) This Section shall not apply to acts which cause the
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1 death of an unborn child if those acts were committed during
2 any abortion, as defined in Section 2 of the Illinois
3 Abortion Law of 1975, as amended, to which the pregnant woman
4 has consented. This Section shall not apply to acts which
5 were committed pursuant to usual and customary standards of
6 medical practice during diagnostic testing or therapeutic
7 treatment.
8 (d) Penalty. The sentence for intentional homicide of
9 an unborn child shall be the same as for first degree murder,
10 except that:
11 (1) the death penalty may not be imposed;
12 (2) if the person committed the offense while armed
13 with a firearm, 15 years shall be added to the term of
14 imprisonment imposed by the court;
15 (3) if, during the commission of the offense, the
16 person personally discharged a firearm, 20 years shall be
17 added to the term of imprisonment imposed by the court;
18 (4) if, during the commission of the offense, the
19 person personally discharged a firearm that proximately
20 caused great bodily harm, permanent disability, permanent
21 disfigurement, or death to another person, 25 years or up
22 to a term of natural life shall be added to the term of
23 imprisonment imposed by the court.
24 (e) The provisions of this Act shall not be construed to
25 prohibit the prosecution of any person under any other
26 provision of law.
27 (Source: P.A. 85-293.)
28 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
29 Sec. 10-2. Aggravated kidnaping.
30 (a) A kidnaper within the definition of paragraph (a) of
31 Section 10-1 is guilty of the offense of aggravated
32 kidnaping when he:
33 (1) Kidnaps for the purpose of obtaining ransom
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1 from the person kidnaped or from any other person, or
2 (2) Takes as his victim a child under the age of 13
3 years, or an institutionalized severely or profoundly
4 mentally retarded person, or
5 (3) Inflicts great bodily harm, other than by the
6 discharge of a firearm, or commits another felony upon
7 his victim, or
8 (4) Wears a hood, robe or mask or conceals his
9 identity, or
10 (5) Commits the offense of kidnaping while armed
11 with a dangerous weapon, other than a firearm, as defined
12 in Section 33A-1 of the "Criminal Code of 1961", or
13 (6) Commits the offense of kidnaping while armed
14 with a firearm, or
15 (7) During the commission of the offense of
16 kidnaping, personally discharged a firearm, or
17 (8) During the commission of the offense of
18 kidnaping, personally discharged a firearm that
19 proximately caused great bodily harm, permanent
20 disability, permanent disfigurement, or death to another
21 person.
22 As used in this Section, "ransom" includes money, benefit
23 or other valuable thing or concession.
24 (b) Sentence. Aggravated kidnaping in violation of
25 paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
26 Class X felony. A violation of subsection (a)(6) is a Class X
27 felony for which 15 years shall be added to the term of
28 imprisonment imposed by the court. A violation of subsection
29 (a)(7) is a Class X felony for which 20 years shall be added
30 to the term of imprisonment imposed by the court. A violation
31 of subsection (a)(8) is a Class X felony for which 25 years
32 or up to a term of natural life shall be added to the term of
33 imprisonment imposed by the court.
34 A person who is convicted of a second or subsequent
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1 offense of aggravated kidnaping shall be sentenced to a term
2 of natural life imprisonment; provided, however, that a
3 sentence of natural life imprisonment shall not be imposed
4 under this Section unless the second or subsequent offense
5 was committed after conviction on the first offense.
6 (Source: P.A. 89-707, eff. 6-1-97.)
7 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
8 Sec. 12-4.3. Aggravated battery of a child.
9 (a) Any person of the age 18 years and upwards who
10 intentionally or knowingly, and without legal justification
11 and by any means, causes great bodily harm or permanent
12 disability or disfigurement to any child under the age of 13
13 years or to any institutionalized severely or profoundly
14 mentally retarded person, commits the offense of aggravated
15 battery of a child.
16 (b) Aggravated battery of a child is a Class X felony,
17 except that:
18 (1) if the person committed the offense while armed
19 with a firearm, 15 years shall be added to the term of
20 imprisonment imposed by the court;
21 (2) if, during the commission of the offense, the
22 person personally discharged a firearm, 20 years shall be
23 added to the term of imprisonment imposed by the court;
24 (3) if, during the commission of the offense, the
25 person personally discharged a firearm that proximately
26 caused great bodily harm, permanent disability, permanent
27 disfigurement, or death to another person, 25 years or up
28 to a term of natural life shall be added to the term of
29 imprisonment imposed by the court.
30 (Source: P.A. 89-313, eff. 1-1-96.)
31 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
32 Sec. 12-11. Home Invasion.
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1 (a) A person who is not a peace officer acting in the
2 line of duty commits home invasion when without authority he
3 or she knowingly enters the dwelling place of another when he
4 or she knows or has reason to know that one or more persons
5 is present or he or she knowingly enters the dwelling place
6 of another and remains in such dwelling place until he or she
7 knows or has reason to know that one or more persons is
8 present and
9 (1) While armed with a dangerous weapon, other than
10 a firearm, uses force or threatens the imminent use of
11 force upon any person or persons within such dwelling
12 place whether or not injury occurs, or
13 (2) Intentionally causes any injury, except as
14 provided in subsection (a)(5), to any person or persons
15 within such dwelling place, or
16 (3) While armed with a firearm uses force or
17 threatens the imminent use of force upon any person or
18 persons within such dwelling place whether or not injury
19 occurs, or
20 (4) Uses force or threatens the imminent use of
21 force upon any person or persons within such dwelling
22 place whether or not injury occurs and during the
23 commission of the offense personally discharges a
24 firearm, or
25 (5) Personally discharges a firearm that
26 proximately causes great bodily harm, permanent
27 disability, permanent disfigurement, or death to another
28 person within such dwelling place.
29 (b) It is an affirmative defense to a charge of home
30 invasion that the accused who knowingly enters the dwelling
31 place of another and remains in such dwelling place until he
32 or she knows or has reason to know that one or more persons
33 is present either immediately leaves such premises or
34 surrenders to the person or persons lawfully present therein
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1 without either attempting to cause or causing serious bodily
2 injury to any person present therein.
3 (c) Sentence. Home invasion in violation of subsection
4 (a)(1) or (a)(2) is a Class X felony. A violation of
5 subsection (a)(3) is a Class X felony for which 15 years
6 shall be added to the term of imprisonment imposed by the
7 court. A violation of subsection (a)(4) is a Class X felony
8 for which 20 years shall be added to the term of imprisonment
9 imposed by the court. A violation of subsection (a)(5) is a
10 Class X felony for which 25 years or up to a term of natural
11 life shall be added to the term of imprisonment imposed by
12 the court.
13 (d) For purposes of this Section, "dwelling place of
14 another" includes a dwelling place where the defendant
15 maintains a tenancy interest but from which the defendant has
16 been barred by a divorce decree, judgment of dissolution of
17 marriage, order of protection, or other court order.
18 (Source: P.A. 90-787, eff. 8-14-98.)
19 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
20 Sec. 12-14. Aggravated Criminal Sexual Assault.
21 (a) The accused commits aggravated criminal sexual
22 assault if he or she commits criminal sexual assault and any
23 of the following aggravating circumstances existed during, or
24 for the purposes of paragraph (7) of this subsection (a) as
25 part of the same course of conduct as, the commission of the
26 offense:
27 (1) the accused displayed, threatened to use, or
28 used a dangerous weapon, other than a firearm, or any
29 object fashioned or utilized in such a manner as to lead
30 the victim under the circumstances reasonably to believe
31 it to be a dangerous weapon; or
32 (2) the accused caused bodily harm, except as
33 provided in subsection (a)(10), to the victim; or
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1 (3) the accused acted in such a manner as to
2 threaten or endanger the life of the victim or any other
3 person; or
4 (4) the criminal sexual assault was perpetrated
5 during the course of the commission or attempted
6 commission of any other felony by the accused; or
7 (5) the victim was 60 years of age or over when the
8 offense was committed; or
9 (6) the victim was a physically handicapped person;
10 or
11 (7) the accused delivered (by injection,
12 inhalation, ingestion, transfer of possession, or any
13 other means) to the victim without his or her consent, or
14 by threat or deception, and for other than medical
15 purposes, any controlled substance; or.
16 (8) the accused was armed with a firearm; or
17 (9) the accused personally discharged a firearm
18 during the commission of the offense; or
19 (10) the accused, during the commission of the
20 offense, personally discharged a firearm that proximately
21 caused great bodily harm, permanent disability, permanent
22 disfigurement, or death to another person.
23 (b) The accused commits aggravated criminal sexual
24 assault if the accused was under 17 years of age and (i)
25 commits an act of sexual penetration with a victim who was
26 under 9 years of age when the act was committed; or (ii)
27 commits an act of sexual penetration with a victim who was at
28 least 9 years of age but under 13 years of age when the act
29 was committed and the accused used force or threat of force
30 to commit the act.
31 (c) The accused commits aggravated criminal sexual
32 assault if he or she commits an act of sexual penetration
33 with a victim who was an institutionalized severely or
34 profoundly mentally retarded person at the time the act was
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1 committed.
2 (d) Sentence.
3 (1) Aggravated criminal sexual assault in violation
4 of paragraph (1), (2), (3), (4), (5), (6), or (7) of
5 subsection (a) is a Class X felony. A violation of
6 subsection (a)(8) is a Class X felony for which 15 years
7 shall be added to the term of imprisonment imposed by the
8 court. A violation of subsection (a)(9) is a Class X
9 felony for which 20 years shall be added to the term of
10 imprisonment imposed by the court. A violation of
11 subsection (a)(10) is a Class X felony for which 25 years
12 or up to a term of natural life imprisonment shall be
13 added to the term of imprisonment imposed by the court.
14 (2) A person who is convicted of a second or
15 subsequent offense of aggravated criminal sexual assault,
16 or who is convicted of the offense of aggravated criminal
17 sexual assault after having previously been convicted of
18 the offense of criminal sexual assault or the offense of
19 predatory criminal sexual assault of a child, or who is
20 convicted of the offense of aggravated criminal sexual
21 assault after having previously been convicted under the
22 laws of this or any other state of an offense that is
23 substantially equivalent to the offense of criminal
24 sexual assault, the offense of aggravated criminal sexual
25 assault or the offense of predatory criminal sexual
26 assault of a child, shall be sentenced to a term of
27 natural life imprisonment. The commission of the second
28 or subsequent offense is required to have been after the
29 initial conviction for this paragraph (2) to apply.
30 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
31 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
32 (720 ILCS 5/12-14.1)
33 Sec. 12-14.1. Predatory criminal sexual assault of a
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1 child.
2 (a) The accused commits predatory criminal sexual
3 assault of a child if:
4 (1) the accused was 17 years of age or over and
5 commits an act of sexual penetration with a victim who
6 was under 13 years of age when the act was committed; or
7 (1.1) the accused was 17 years of age or over and,
8 while armed with a firearm, commits an act of sexual
9 penetration with a victim who was under 13 years of age
10 when the act was committed; or
11 (1.2) the accused was 17 years of age or over and
12 commits an act of sexual penetration with a victim who
13 was under 13 years of age when the act was committed and,
14 during the commission of the offense, the accused
15 personally discharged a firearm; or
16 (2) the accused was 17 years of age or over and
17 commits an act of sexual penetration with a victim who
18 was under 13 years of age when the act was committed and
19 the accused caused great bodily harm to the victim that:
20 (A) resulted in permanent disability; or
21 (B) was life threatening; or
22 (3) the accused was 17 years of age or over and
23 commits an act of sexual penetration with a victim who
24 was under 13 years of age when the act was committed and
25 the accused delivered (by injection, inhalation,
26 ingestion, transfer of possession, or any other means) to
27 the victim without his or her consent, or by threat or
28 deception, and for other than medical purposes, any
29 controlled substance.
30 (b) Sentence.
31 (1) A person convicted of a violation of subsection
32 (a)(1) commits a Class X felony. A person convicted of a
33 violation of subsection (a)(1.1) commits a Class X felony
34 for which 15 years shall be added to the term of
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1 imprisonment imposed by the court. A person convicted of
2 a violation of subsection (a)(1.2) commits a Class X
3 felony for which 20 years shall be added to the term of
4 imprisonment imposed by the court. A person convicted of
5 a violation of subsection (a)(2) commits a Class X felony
6 for which the person shall be sentenced to a term of
7 imprisonment of not less than 50 years or up to a term of
8 natural life imprisonment. A person convicted of a
9 violation of subsection (a)(2) or (a) (3) commits a Class
10 X felony for which the person shall be sentenced to a
11 term of imprisonment of not less than 50 years and not
12 more than 60 years.
13 (2) A person who is convicted of a second or
14 subsequent offense of predatory criminal sexual assault
15 of a child, or who is convicted of the offense of
16 predatory criminal sexual assault of a child after having
17 previously been convicted of the offense of criminal
18 sexual assault or the offense of aggravated criminal
19 sexual assault, or who is convicted of the offense of
20 predatory criminal sexual assault of a child after having
21 previously been convicted under the laws of this State or
22 any other state of an offense that is substantially
23 equivalent to the offense of predatory criminal sexual
24 assault of a child, the offense of aggravated criminal
25 sexual assault or the offense of criminal sexual assault,
26 shall be sentenced to a term of natural life
27 imprisonment. The commission of the second or subsequent
28 offense is required to have been after the initial
29 conviction for this paragraph (2) to apply.
30 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
31 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
32 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
33 Sec. 18-2. Armed robbery.
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1 (a) A person commits armed robbery when he or she
2 violates Section 18-1; and
3 (1) while he or she carries on or about his or her
4 person, or is otherwise armed with a dangerous weapon
5 other than a firearm; or
6 (2) he or she carries on or about his or her person
7 or is otherwise armed with a firearm; or
8 (3) he or she, during the commission of the
9 offense, personally discharges a firearm; or
10 (4) he or she, during the commission of the
11 offense, personally discharges a firearm that proximately
12 causes great bodily harm, permanent disability, permanent
13 disfigurement, or death to another person.
14 (b) Sentence.
15 Armed robbery in violation of subsection (a)(1) is a
16 Class X felony. A violation of subsection (a)(2) is a Class X
17 felony for which 15 years shall be added to the term of
18 imprisonment imposed by the court. A violation of subsection
19 (a)(3) is a Class X felony for which 20 years shall be added
20 to the term of imprisonment imposed by the court. A violation
21 of subsection (a)(4) is a Class X felony for which 25 years
22 or up to a term of natural life shall be added to the term of
23 imprisonment imposed by the court.
24 (Source: P.A. 80-1099.)
25 (720 ILCS 5/18-4)
26 Sec. 18-4. Aggravated vehicular hijacking.
27 (a) A person commits aggravated vehicular hijacking when
28 he or she violates Section 18-3; and
29 (1) the person from whose immediate presence the
30 motor vehicle is taken is a physically handicapped person
31 or a person 60 years of age or over; or
32 (2) a person under 16 years of age is a passenger
33 in the motor vehicle at the time of the offense; or
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1 (3) he or she carries on or about his or her
2 person, or is otherwise armed with a dangerous weapon,
3 other than a firearm; or
4 (4) he or she carries on or about his or her person
5 or is otherwise armed with a firearm; or
6 (5) he or she, during the commission of the
7 offense, personally discharges a firearm; or
8 (6) he or she, during the commission of the
9 offense, personally discharges a firearm that proximately
10 causes great bodily harm, permanent disability, permanent
11 disfigurement, or death to another person.
12 (b) Sentence. Aggravated vehicular hijacking in
13 violation of subsections (a)(1) or (a)(2) is a Class X
14 felony. Aggravated vehicular hijacking in violation of
15 subsection (a)(3) is a Class X felony for which a term of
16 imprisonment of not less than 7 years shall be imposed.
17 Aggravated vehicular hijacking in violation of subsection
18 (a)(4) is a Class X felony for which 15 years shall be added
19 to the term of imprisonment imposed by the court. Aggravated
20 vehicular hijacking in violation of subsection (a)(5) is a
21 Class X felony for which 20 years shall be added to the term
22 of imprisonment imposed by the court. Aggravated vehicular
23 hijacking in violation of subsection (a)(6) is a Class X
24 felony for which 25 years or up to a term of natural life
25 shall be added to the term of imprisonment imposed by the
26 court.
27 (Source: P.A. 88-351.)
28 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
29 Sec. 33A-1. Legislative intent and definitions.
30 (a) Legislative findings. The legislature finds and
31 declares the following:
32 (1) The use of a dangerous weapon in the commission
33 of a felony offense poses a much greater threat to the
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1 public health, safety, and general welfare, than when a
2 weapon is not used in the commission of the offense.
3 (2) Further, the use of a firearm greatly
4 facilitates the commission of a criminal offense because
5 of the more lethal nature of a firearm and the greater
6 perceived threat produced in those confronted by a person
7 wielding a firearm. Unlike other dangerous weapons such
8 as knives and clubs, the use of a firearm in the
9 commission of a criminal felony offense significantly
10 escalates the threat and the potential for bodily harm,
11 and the greater range of the firearm increases the
12 potential for harm to more persons. Not only are the
13 victims and bystanders at greater risk when a firearm is
14 used, but also the law enforcement officers whose duty
15 is to confront and apprehend the armed suspect.
16 (3) Current law does contain offenses involving the
17 use or discharge of a gun toward or against a person,
18 such as aggravated battery with a firearm, aggravated
19 discharge of a firearm, and reckless discharge of a
20 firearm; however, the General Assembly has legislated
21 greater penalties for the commission of a felony while in
22 possession of a firearm because it deems such acts as
23 more serious.
24 (b) Legislative intent.
25 (1) In order to deter the use of firearms in the
26 commission of a felony offense, the General Assembly
27 deems it appropriate for a greater penalty to be imposed
28 when a firearm is used or discharged in the commission of
29 an offense than the penalty imposed for using other types
30 of weapons and for the penalty to increase on more
31 serious offenses.
32 (2) With the additional elements of the discharge
33 of a firearm and great bodily harm inflicted by a firearm
34 being added to armed violence and other serious felony
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1 offenses, it is the intent of the General Assembly to
2 punish those elements more severely during commission of
3 a felony offense than when those elements stand alone as
4 the act of the offender.
5 (3) It is the intent of the 91st General Assembly
6 that should Public Act 88-680 be declared
7 unconstitutional for a violation of Article 4, Section 8
8 of the 1970 Constitution of the State of Illinois, the
9 amendatory changes made by Public Act 88-680 to Article
10 33A of the Criminal Code of 1961 and which are set forth
11 as law in this amendatory Act of the 91st General
12 Assembly are hereby reenacted by this amendatory Act of
13 the 91st General Assembly.
14 (c) Definitions.
15 (1) (a) "Armed with a dangerous weapon". A person
16 is considered armed with a dangerous weapon for purposes
17 of this Article, when he or she carries on or about his
18 or her person or is otherwise armed with a Category I,
19 Category II, or Category III weapon.
20 (2) (b) A Category I weapon is a handgun, sawed-off
21 shotgun, sawed-off rifle, any other firearm small enough
22 to be concealed upon the person, semiautomatic firearm,
23 or machine gun. A Category II weapon is any other rifle,
24 shotgun, spring gun, other firearm, stun gun or taser as
25 defined in paragraph (a) of Section 24-1 of this Code,
26 knife with a blade of at least 3 inches in length,
27 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
28 or other deadly or dangerous weapon or instrument of like
29 character. As used in this subsection (b) "semiautomatic
30 firearm" means a repeating firearm that utilizes a
31 portion of the energy of a firing cartridge to extract
32 the fired cartridge case and chamber the next round and
33 that requires a separate pull of the trigger to fire each
34 cartridge.
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1 (3) (c) A Category III weapon is a bludgeon,
2 black-jack, slungshot, sand-bag, sand-club, metal
3 knuckles, billy, or other dangerous weapon of like
4 character.
5 (Source: P.A. 88-680, eff. 1-1-95.)
6 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
7 Sec. 33A-2. Armed violence-Elements of the offense.
8 (a) A person commits armed violence when, while armed
9 with a dangerous weapon, he commits any felony defined by
10 Illinois Law, except first degree murder, attempted first
11 degree murder, intentional homicide of an unborn child,
12 predatory criminal sexual assault of a child, aggravated
13 criminal sexual assault, aggravated kidnaping, aggravated
14 battery of a child, home invasion, armed robbery, or
15 aggravated vehicular hijacking.
16 (b) A person commits armed violence when he or she
17 personally discharges a firearm that is a Category I or
18 Category II weapon while committing any felony defined by
19 Illinois law, except first degree murder, attempted first
20 degree murder, intentional homicide of an unborn child,
21 predatory criminal sexual assault of a child, aggravated
22 criminal sexual assault, aggravated kidnaping, aggravated
23 battery of a child, home invasion, armed robbery, or
24 aggravated vehicular hijacking.
25 (c) A person commits armed violence when he or she
26 personally discharges a firearm that is a Category I or
27 Category II weapon that proximately causes great bodily harm,
28 permanent disability, or permanent disfigurement or death to
29 another person while committing any felony defined by
30 Illinois law, except first degree murder, attempted first
31 degree murder, intentional homicide of an unborn child,
32 predatory criminal sexual assault of a child, aggravated
33 criminal sexual assault, aggravated kidnaping, aggravated
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1 battery of a child, home invasion, armed robbery, or
2 aggravated vehicular hijacking.
3 (d) This Section does not apply to violations of the
4 Fish and Aquatic Life Code or the Wildlife Code.
5 (Source: P.A. 80-1099.)
6 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
7 Sec. 33A-3. Sentence.
8 (a) Violation of Section 33A-2(a) 33A-2 with a Category
9 I weapon is a Class X felony for which the defendant shall be
10 sentenced to a minimum term of imprisonment of 15 years.
11 (a-5) Violation of Section 33A-2(a) 33A-2 with a
12 Category II weapon is a Class X felony for which the
13 defendant shall be sentenced to a minimum term of
14 imprisonment of 10 years.
15 (b) Violation of Section 33A-2(a) 33A-2 with a Category
16 III weapon is a Class 2 felony or the felony classification
17 provided for the same act while unarmed, whichever permits
18 the greater penalty. A second or subsequent violation of
19 Section 33A-2(a) 33A-2 with a Category III weapon is a Class
20 1 felony or the felony classification provided for the same
21 act while unarmed, whichever permits the greater penalty.
22 (b-5) Violation of Section 33A-2(b) with a firearm that
23 is a Category I or Category II weapon is a Class X felony for
24 which the defendant shall be sentenced to a minimum term of
25 imprisonment of 20 years.
26 (b-10) Violation of Section 33A-2(c) with a firearm that
27 is a Category I or Category II weapon is a Class X felony for
28 which the defendant shall be sentenced to a term of
29 imprisonment of not less than 25 years nor more than 40
30 years.
31 (c) Unless sentencing under Section 33B-1 is applicable,
32 any person who violates subsection (a) or (b) of Section
33 33A-2 with a firearm, when that person has been convicted in
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1 any state or federal court of 3 or more of the following
2 offenses: treason, first degree murder, second degree murder,
3 predatory criminal sexual assault of a child, aggravated
4 criminal sexual assault, criminal sexual assault, robbery,
5 burglary, arson, kidnaping, aggravated battery resulting in
6 great bodily harm or permanent disability or disfigurement,
7 or a violation of Section 401(a) of the Illinois Controlled
8 Substances Act, when the third offense was committed after
9 conviction on the second, the second offense was committed
10 after conviction on the first, and the violation of Section
11 33A-2 was committed after conviction on the third, shall be
12 sentenced to a term of imprisonment of not less than 25 years
13 nor more than 50 years.
14 (c-5) Except as otherwise provided in paragraph (b-10)
15 or (c) of this Section, a person who violates Section
16 33A-2(a) with a firearm that is a Category I weapon or
17 Section 33A-2(b) in any school, in any conveyance owned,
18 leased, or contracted by a school to transport students to or
19 from school or a school related activity, or on the real
20 property comprising any school or public park, and where the
21 offense was related to the activities of an organized gang,
22 shall be sentenced to a term of imprisonment of not less than
23 the term set forth in subsection (a) or (b-5) of this
24 Section, whichever is applicable, and not more than 30 years.
25 For the purposes of this subsection (c-5), "organized gang"
26 has the meaning ascribed to it in Section 10 of the Illinois
27 Streetgang Terrorism Omnibus Prevention Act.
28 (d) For armed violence based upon a predicate offense
29 listed in this subsection (d) the court shall enter the
30 sentence for armed violence to run consecutively to the
31 sentence imposed for the predicate offense. The offenses
32 covered by this provision are:
33 (i) solicitation of murder,
34 (ii) solicitation of murder for hire,
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1 (iii) heinous battery,
2 (iv) aggravated battery of a senior citizen,
3 (v) criminal sexual assault,
4 (vi) a violation of subsection (g) of Section 5 of
5 the Cannabis Control Act,
6 (vii) cannabis trafficking,
7 (viii) a violation of subsection (a) of Section 401
8 of the Illinois Controlled Substances Act,
9 (ix) controlled substance trafficking involving a
10 Class X felony amount of controlled substance under
11 Section 401 of the Illinois Controlled Substances Act,
12 (x) calculated criminal drug conspiracy, or
13 (xi) streetgang criminal drug conspiracy.
14 (Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff.
15 12-13-95; 89-462, eff. 5-29-96.)
16 Section 10. The Unified Code of Corrections is amended
17 by changing Sections 5-5-3, 5-8-1, and 5-8-4 as follows:
18 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
19 Sec. 5-5-3. Disposition.
20 (a) Every person convicted of an offense shall be
21 sentenced as provided in this Section.
22 (b) The following options shall be appropriate
23 dispositions, alone or in combination, for all felonies and
24 misdemeanors other than those identified in subsection (c) of
25 this Section:
26 (1) A period of probation.
27 (2) A term of periodic imprisonment.
28 (3) A term of conditional discharge.
29 (4) A term of imprisonment.
30 (5) An order directing the offender to clean up and
31 repair the damage, if the offender was convicted under
32 paragraph (h) of Section 21-1 of the Criminal Code of
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1 1961.
2 (6) A fine.
3 (7) An order directing the offender to make
4 restitution to the victim under Section 5-5-6 of this
5 Code.
6 (8) A sentence of participation in a county impact
7 incarceration program under Section 5-8-1.2 of this Code.
8 Whenever an individual is sentenced for an offense based
9 upon an arrest for a violation of Section 11-501 of the
10 Illinois Vehicle Code, or a similar provision of a local
11 ordinance, and the professional evaluation recommends
12 remedial or rehabilitative treatment or education, neither
13 the treatment nor the education shall be the sole disposition
14 and either or both may be imposed only in conjunction with
15 another disposition. The court shall monitor compliance with
16 any remedial education or treatment recommendations contained
17 in the professional evaluation. Programs conducting alcohol
18 or other drug evaluation or remedial education must be
19 licensed by the Department of Human Services. However, if
20 the individual is not a resident of Illinois, the court may
21 accept an alcohol or other drug evaluation or remedial
22 education program in the state of such individual's
23 residence. Programs providing treatment must be licensed
24 under existing applicable alcoholism and drug treatment
25 licensure standards.
26 In addition to any other fine or penalty required by law,
27 any individual convicted of a violation of Section 11-501 of
28 the Illinois Vehicle Code or a similar provision of local
29 ordinance, whose operation of a motor vehicle while in
30 violation of Section 11-501 or such ordinance proximately
31 caused an incident resulting in an appropriate emergency
32 response, shall be required to make restitution to a public
33 agency for the costs of that emergency response. Such
34 restitution shall not exceed $500 per public agency for each
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1 such emergency response. For the purpose of this paragraph,
2 emergency response shall mean any incident requiring a
3 response by: a police officer as defined under Section 1-162
4 of the Illinois Vehicle Code; a fireman carried on the rolls
5 of a regularly constituted fire department; and an ambulance
6 as defined under Section 4.05 of the Emergency Medical
7 Services (EMS) Systems Act.
8 Neither a fine nor restitution shall be the sole
9 disposition for a felony and either or both may be imposed
10 only in conjunction with another disposition.
11 (c) (1) When a defendant is found guilty of first degree
12 murder the State may either seek a sentence of
13 imprisonment under Section 5-8-1 of this Code, or where
14 appropriate seek a sentence of death under Section 9-1 of
15 the Criminal Code of 1961.
16 (2) A period of probation, a term of periodic
17 imprisonment or conditional discharge shall not be
18 imposed for the following offenses. The court shall
19 sentence the offender to not less than the minimum term
20 of imprisonment set forth in this Code for the following
21 offenses, and may order a fine or restitution or both in
22 conjunction with such term of imprisonment:
23 (A) First degree murder where the death
24 penalty is not imposed.
25 (B) Attempted first degree murder.
26 (C) A Class X felony.
27 (D) A violation of Section 401.1 or 407 of the
28 Illinois Controlled Substances Act, or a violation
29 of subdivision (c)(2) of Section 401 of that Act
30 which relates to more than 5 grams of a substance
31 containing cocaine or an analog thereof.
32 (E) A violation of Section 5.1 or 9 of the
33 Cannabis Control Act.
34 (F) A Class 2 or greater felony if the
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1 offender had been convicted of a Class 2 or greater
2 felony within 10 years of the date on which he
3 committed the offense for which he is being
4 sentenced.
5 (G) Residential burglary.
6 (H) Criminal sexual assault, except as
7 otherwise provided in subsection (e) of this
8 Section.
9 (I) Aggravated battery of a senior citizen.
10 (J) A forcible felony if the offense was
11 related to the activities of an organized gang.
12 Before July 1, 1994, for the purposes of this
13 paragraph, "organized gang" means an association of
14 5 or more persons, with an established hierarchy,
15 that encourages members of the association to
16 perpetrate crimes or provides support to the members
17 of the association who do commit crimes.
18 Beginning July 1, 1994, for the purposes of
19 this paragraph, "organized gang" has the meaning
20 ascribed to it in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act.
22 (K) Vehicular hijacking.
23 (L) A second or subsequent conviction for the
24 offense of hate crime when the underlying offense
25 upon which the hate crime is based is felony
26 aggravated assault or felony mob action.
27 (M) A second or subsequent conviction for the
28 offense of institutional vandalism if the damage to
29 the property exceeds $300.
30 (N) A Class 3 felony violation of paragraph
31 (1) of subsection (a) of Section 2 of the Firearm
32 Owners Identification Card Act.
33 (O) A violation of Section 12-6.1 of the
34 Criminal Code of 1961.
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1 (P) A violation of paragraph (1), (2), (3),
2 (4), (5), or (7) of subsection (a) of Section
3 11-20.1 of the Criminal Code of 1961.
4 (Q) A violation of Section 20-1.2 of the
5 Criminal Code of 1961.
6 (R) (Q) A violation of Section 24-3A of the
7 Criminal Code of 1961.
8 (3) A minimum term of imprisonment of not less than
9 48 consecutive hours or 100 hours of community service as
10 may be determined by the court shall be imposed for a
11 second or subsequent violation committed within 5 years
12 of a previous violation of Section 11-501 of the Illinois
13 Vehicle Code or a similar provision of a local ordinance.
14 (4) A minimum term of imprisonment of not less than
15 7 consecutive days or 30 days of community service shall
16 be imposed for a violation of paragraph (c) of Section
17 6-303 of the Illinois Vehicle Code.
18 (4.1) A minimum term of 30 consecutive days of
19 imprisonment, 40 days of 24 hour periodic imprisonment or
20 720 hours of community service, as may be determined by
21 the court, shall be imposed for a violation of Section
22 11-501 of the Illinois Vehicle Code during a period in
23 which the defendant's driving privileges are revoked or
24 suspended, where the revocation or suspension was for a
25 violation of Section 11-501 or Section 11-501.1 of that
26 Code.
27 (5) The court may sentence an offender convicted of
28 a business offense or a petty offense or a corporation or
29 unincorporated association convicted of any offense to:
30 (A) a period of conditional discharge;
31 (B) a fine;
32 (C) make restitution to the victim under
33 Section 5-5-6 of this Code.
34 (6) In no case shall an offender be eligible for a
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1 disposition of probation or conditional discharge for a
2 Class 1 felony committed while he was serving a term of
3 probation or conditional discharge for a felony.
4 (7) When a defendant is adjudged a habitual
5 criminal under Article 33B of the Criminal Code of 1961,
6 the court shall sentence the defendant to a term of
7 natural life imprisonment.
8 (8) When a defendant, over the age of 21 years, is
9 convicted of a Class 1 or Class 2 felony, after having
10 twice been convicted of any Class 2 or greater Class
11 felonies in Illinois, and such charges are separately
12 brought and tried and arise out of different series of
13 acts, such defendant shall be sentenced as a Class X
14 offender. This paragraph shall not apply unless (1) the
15 first felony was committed after the effective date of
16 this amendatory Act of 1977; and (2) the second felony
17 was committed after conviction on the first; and (3) the
18 third felony was committed after conviction on the
19 second.
20 (9) A defendant convicted of a second or subsequent
21 offense of ritualized abuse of a child may be sentenced
22 to a term of natural life imprisonment.
23 (10) Beginning July 1, 1994, unless sentencing
24 under Section 33B-1 is applicable, a term of imprisonment
25 of not less than 15 years nor more than 50 years shall be
26 imposed on a defendant who violates Section 33A-2 of the
27 Criminal Code of 1961 with a firearm, when that person
28 has been convicted in any state or federal court of 3 or
29 more of the following offenses: treason, first degree
30 murder, second degree murder, aggravated criminal sexual
31 assault, criminal sexual assault, robbery, burglary,
32 arson, kidnaping, aggravated battery resulting in great
33 bodily harm or permanent disability or disfigurement, or
34 a violation of Section 401(a) of the Illinois Controlled
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1 Substances Act, when the third offense was committed
2 after conviction on the second, the second offense was
3 committed after conviction on the first, and the
4 violation of Section 33A-2 of the Criminal Code of 1961
5 was committed after conviction on the third.
6 (11) Beginning July 1, 1994, a term of imprisonment
7 of not less than 10 years and not more than 30 years
8 shall be imposed on a defendant who violates Section
9 33A-2 with a Category I weapon where the offense was
10 committed in any school, or any conveyance owned, leased,
11 or contracted by a school to transport students to or
12 from school or a school related activity, on the real
13 property comprising any school or public park, and where
14 the offense was related to the activities of an organized
15 gang. For the purposes of this paragraph (11),
16 "organized gang" has the meaning ascribed to it in
17 Section 10 of the Illinois Streetgang Terrorism Omnibus
18 Prevention Act.
19 (d) In any case in which a sentence originally imposed
20 is vacated, the case shall be remanded to the trial court.
21 The trial court shall hold a hearing under Section 5-4-1 of
22 the Unified Code of Corrections which may include evidence of
23 the defendant's life, moral character and occupation during
24 the time since the original sentence was passed. The trial
25 court shall then impose sentence upon the defendant. The
26 trial court may impose any sentence which could have been
27 imposed at the original trial subject to Section 5-5-4 of the
28 Unified Code of Corrections.
29 (e) In cases where prosecution for criminal sexual
30 assault or aggravated criminal sexual abuse under Section
31 12-13 or 12-16 of the Criminal Code of 1961 results in
32 conviction of a defendant who was a family member of the
33 victim at the time of the commission of the offense, the
34 court shall consider the safety and welfare of the victim and
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1 may impose a sentence of probation only where:
2 (1) the court finds (A) or (B) or both are
3 appropriate:
4 (A) the defendant is willing to undergo a
5 court approved counseling program for a minimum
6 duration of 2 years; or
7 (B) the defendant is willing to participate in
8 a court approved plan including but not limited to
9 the defendant's:
10 (i) removal from the household;
11 (ii) restricted contact with the victim;
12 (iii) continued financial support of the
13 family;
14 (iv) restitution for harm done to the
15 victim; and
16 (v) compliance with any other measures
17 that the court may deem appropriate; and
18 (2) the court orders the defendant to pay for the
19 victim's counseling services, to the extent that the
20 court finds, after considering the defendant's income and
21 assets, that the defendant is financially capable of
22 paying for such services, if the victim was under 18
23 years of age at the time the offense was committed and
24 requires counseling as a result of the offense.
25 Probation may be revoked or modified pursuant to Section
26 5-6-4; except where the court determines at the hearing that
27 the defendant violated a condition of his or her probation
28 restricting contact with the victim or other family members
29 or commits another offense with the victim or other family
30 members, the court shall revoke the defendant's probation and
31 impose a term of imprisonment.
32 For the purposes of this Section, "family member" and
33 "victim" shall have the meanings ascribed to them in Section
34 12-12 of the Criminal Code of 1961.
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1 (f) This Article shall not deprive a court in other
2 proceedings to order a forfeiture of property, to suspend or
3 cancel a license, to remove a person from office, or to
4 impose any other civil penalty.
5 (g) Whenever a defendant is convicted of an offense
6 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
7 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
8 12-15 or 12-16 of the Criminal Code of 1961, the defendant
9 shall undergo medical testing to determine whether the
10 defendant has any sexually transmissible disease, including a
11 test for infection with human immunodeficiency virus (HIV) or
12 any other identified causative agent of acquired
13 immunodeficiency syndrome (AIDS). Any such medical test
14 shall be performed only by appropriately licensed medical
15 practitioners and may include an analysis of any bodily
16 fluids as well as an examination of the defendant's person.
17 Except as otherwise provided by law, the results of such test
18 shall be kept strictly confidential by all medical personnel
19 involved in the testing and must be personally delivered in a
20 sealed envelope to the judge of the court in which the
21 conviction was entered for the judge's inspection in camera.
22 Acting in accordance with the best interests of the victim
23 and the public, the judge shall have the discretion to
24 determine to whom, if anyone, the results of the testing may
25 be revealed. The court shall notify the defendant of the test
26 results. The court shall also notify the victim if requested
27 by the victim, and if the victim is under the age of 15 and
28 if requested by the victim's parents or legal guardian, the
29 court shall notify the victim's parents or legal guardian of
30 the test results. The court shall provide information on the
31 availability of HIV testing and counseling at Department of
32 Public Health facilities to all parties to whom the results
33 of the testing are revealed and shall direct the State's
34 Attorney to provide the information to the victim when
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1 possible. A State's Attorney may petition the court to obtain
2 the results of any HIV test administered under this Section,
3 and the court shall grant the disclosure if the State's
4 Attorney shows it is relevant in order to prosecute a charge
5 of criminal transmission of HIV under Section 12-16.2 of the
6 Criminal Code of 1961 against the defendant. The court shall
7 order that the cost of any such test shall be paid by the
8 county and may be taxed as costs against the convicted
9 defendant.
10 (g-5) When an inmate is tested for an airborne
11 communicable disease, as determined by the Illinois
12 Department of Public Health including but not limited to
13 tuberculosis, the results of the test shall be personally
14 delivered by the warden or his or her designee in a sealed
15 envelope to the judge of the court in which the inmate must
16 appear for the judge's inspection in camera if requested by
17 the judge. Acting in accordance with the best interests of
18 those in the courtroom, the judge shall have the discretion
19 to determine what if any precautions need to be taken to
20 prevent transmission of the disease in the courtroom.
21 (h) Whenever a defendant is convicted of an offense
22 under Section 1 or 2 of the Hypodermic Syringes and Needles
23 Act, the defendant shall undergo medical testing to determine
24 whether the defendant has been exposed to human
25 immunodeficiency virus (HIV) or any other identified
26 causative agent of acquired immunodeficiency syndrome (AIDS).
27 Except as otherwise provided by law, the results of such test
28 shall be kept strictly confidential by all medical personnel
29 involved in the testing and must be personally delivered in a
30 sealed envelope to the judge of the court in which the
31 conviction was entered for the judge's inspection in camera.
32 Acting in accordance with the best interests of the public,
33 the judge shall have the discretion to determine to whom, if
34 anyone, the results of the testing may be revealed. The court
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1 shall notify the defendant of a positive test showing an
2 infection with the human immunodeficiency virus (HIV). The
3 court shall provide information on the availability of HIV
4 testing and counseling at Department of Public Health
5 facilities to all parties to whom the results of the testing
6 are revealed and shall direct the State's Attorney to provide
7 the information to the victim when possible. A State's
8 Attorney may petition the court to obtain the results of any
9 HIV test administered under this Section, and the court
10 shall grant the disclosure if the State's Attorney shows it
11 is relevant in order to prosecute a charge of criminal
12 transmission of HIV under Section 12-16.2 of the Criminal
13 Code of 1961 against the defendant. The court shall order
14 that the cost of any such test shall be paid by the county
15 and may be taxed as costs against the convicted defendant.
16 (i) All fines and penalties imposed under this Section
17 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
18 Vehicle Code, or a similar provision of a local ordinance,
19 and any violation of the Child Passenger Protection Act, or a
20 similar provision of a local ordinance, shall be collected
21 and disbursed by the circuit clerk as provided under Section
22 27.5 of the Clerks of Courts Act.
23 (j) In cases when prosecution for any violation of
24 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
25 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
26 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
27 12-16 of the Criminal Code of 1961, any violation of the
28 Illinois Controlled Substances Act, or any violation of the
29 Cannabis Control Act results in conviction, a disposition of
30 court supervision, or an order of probation granted under
31 Section 10 of the Cannabis Control Act or Section 410 of the
32 Illinois Controlled Substance Act of a defendant, the court
33 shall determine whether the defendant is employed by a
34 facility or center as defined under the Child Care Act of
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1 1969, a public or private elementary or secondary school, or
2 otherwise works with children under 18 years of age on a
3 daily basis. When a defendant is so employed, the court
4 shall order the Clerk of the Court to send a copy of the
5 judgment of conviction or order of supervision or probation
6 to the defendant's employer by certified mail. If the
7 employer of the defendant is a school, the Clerk of the Court
8 shall direct the mailing of a copy of the judgment of
9 conviction or order of supervision or probation to the
10 appropriate regional superintendent of schools. The regional
11 superintendent of schools shall notify the State Board of
12 Education of any notification under this subsection.
13 (j-5) A defendant at least 17 years of age who is
14 convicted of a felony and who has not been previously
15 convicted of a misdemeanor or felony and who is sentenced to
16 a term of imprisonment in the Illinois Department of
17 Corrections shall as a condition of his or her sentence be
18 required by the court to attend educational courses designed
19 to prepare the defendant for a high school diploma and to
20 work toward a high school diploma or to work toward passing
21 the high school level Test of General Educational Development
22 (GED) or to work toward completing a vocational training
23 program offered by the Department of Corrections. If a
24 defendant fails to complete the educational training required
25 by his or her sentence during the term of incarceration, the
26 Prisoner Review Board shall, as a condition of mandatory
27 supervised release, require the defendant, at his or her own
28 expense, to pursue a course of study toward a high school
29 diploma or passage of the GED test. The Prisoner Review
30 Board shall revoke the mandatory supervised release of a
31 defendant who wilfully fails to comply with this subsection
32 (j-5) upon his or her release from confinement in a penal
33 institution while serving a mandatory supervised release
34 term; however, the inability of the defendant after making a
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1 good faith effort to obtain financial aid or pay for the
2 educational training shall not be deemed a wilful failure to
3 comply. The Prisoner Review Board shall recommit the
4 defendant whose mandatory supervised release term has been
5 revoked under this subsection (j-5) as provided in Section
6 3-3-9. This subsection (j-5) does not apply to a defendant
7 who has a high school diploma or has successfully passed the
8 GED test. This subsection (j-5) does not apply to a defendant
9 who is determined by the court to be developmentally disabled
10 or otherwise mentally incapable of completing the educational
11 or vocational program.
12 (k) A court may not impose a sentence or disposition for
13 a felony or misdemeanor that requires the defendant to be
14 implanted or injected with or to use any form of birth
15 control.
16 (l) (A) Except as provided in paragraph (C) of
17 subsection (l), whenever a defendant, who is an alien as
18 defined by the Immigration and Nationality Act, is
19 convicted of any felony or misdemeanor offense, the court
20 after sentencing the defendant may, upon motion of the
21 State's Attorney, hold sentence in abeyance and remand
22 the defendant to the custody of the Attorney General of
23 the United States or his or her designated agent to be
24 deported when:
25 (1) a final order of deportation has been
26 issued against the defendant pursuant to proceedings
27 under the Immigration and Nationality Act, and
28 (2) the deportation of the defendant would not
29 deprecate the seriousness of the defendant's conduct
30 and would not be inconsistent with the ends of
31 justice.
32 Otherwise, the defendant shall be sentenced as
33 provided in this Chapter V.
34 (B) If the defendant has already been sentenced for
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1 a felony or misdemeanor offense, or has been placed on
2 probation under Section 10 of the Cannabis Control Act or
3 Section 410 of the Illinois Controlled Substances Act,
4 the court may, upon motion of the State's Attorney to
5 suspend the sentence imposed, commit the defendant to the
6 custody of the Attorney General of the United States or
7 his or her designated agent when:
8 (1) a final order of deportation has been
9 issued against the defendant pursuant to proceedings
10 under the Immigration and Nationality Act, and
11 (2) the deportation of the defendant would not
12 deprecate the seriousness of the defendant's conduct
13 and would not be inconsistent with the ends of
14 justice.
15 (C) This subsection (l) does not apply to offenders
16 who are subject to the provisions of paragraph (2) of
17 subsection (a) of Section 3-6-3.
18 (D) Upon motion of the State's Attorney, if a
19 defendant sentenced under this Section returns to the
20 jurisdiction of the United States, the defendant shall be
21 recommitted to the custody of the county from which he or
22 she was sentenced. Thereafter, the defendant shall be
23 brought before the sentencing court, which may impose any
24 sentence that was available under Section 5-5-3 at the
25 time of initial sentencing. In addition, the defendant
26 shall not be eligible for additional good conduct credit
27 for meritorious service as provided under Section 3-6-6.
28 (m) A person convicted of criminal defacement of
29 property under Section 21-1.3 of the Criminal Code of 1961,
30 in which the property damage exceeds $300 and the property
31 damaged is a school building, shall be ordered to perform
32 community service that may include cleanup, removal, or
33 painting over the defacement.
34 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
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1 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
2 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
3 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
4 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
5 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
7 Sec. 5-8-1. Sentence of Imprisonment for Felony.
8 (a) Except as otherwise provided in the statute defining
9 the offense, a sentence of imprisonment for a felony shall be
10 a determinate sentence set by the court under this Section,
11 according to the following limitations:
12 (1) for first degree murder,
13 (a) a term shall be not less than 20 years and
14 not more than 60 years, or
15 (b) if the court finds that the murder was
16 accompanied by exceptionally brutal or heinous
17 behavior indicative of wanton cruelty or, except as
18 set forth in subsection (a)(1)(c) of this Section,
19 that any of the aggravating factors listed in
20 subsection (b) of Section 9-1 of the Criminal Code
21 of 1961 are present, the court may sentence the
22 defendant to a term of natural life imprisonment, or
23 (c) the court shall sentence the defendant to
24 a term of natural life imprisonment when the death
25 penalty is not imposed if the defendant,
26 (i) has previously been convicted of
27 first degree murder under any state or federal
28 law, or
29 (ii) is a person who, at the time of the
30 commission of the murder, had attained the age
31 of 17 or more and is found guilty of murdering
32 an individual under 12 years of age; or,
33 irrespective of the defendant's age at the time
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1 of the commission of the offense, is found
2 guilty of murdering more than one victim, or
3 (iii) is found guilty of murdering a
4 peace officer or fireman when the peace officer
5 or fireman was killed in the course of
6 performing his official duties, or to prevent
7 the peace officer or fireman from performing
8 his official duties, or in retaliation for the
9 peace officer or fireman performing his
10 official duties, and the defendant knew or
11 should have known that the murdered individual
12 was a peace officer or fireman, or
13 (iv) is found guilty of murdering an
14 employee of an institution or facility of the
15 Department of Corrections, or any similar local
16 correctional agency, when the employee was
17 killed in the course of performing his official
18 duties, or to prevent the employee from
19 performing his official duties, or in
20 retaliation for the employee performing his
21 official duties, or
22 (v) is found guilty of murdering an
23 emergency medical technician - ambulance,
24 emergency medical technician - intermediate,
25 emergency medical technician - paramedic,
26 ambulance driver or other medical assistance or
27 first aid person while employed by a
28 municipality or other governmental unit when
29 the person was killed in the course of
30 performing official duties or to prevent the
31 person from performing official duties or in
32 retaliation for performing official duties and
33 the defendant knew or should have known that
34 the murdered individual was an emergency
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1 medical technician - ambulance, emergency
2 medical technician - intermediate, emergency
3 medical technician - paramedic, ambulance
4 driver, or other medical assistant or first aid
5 personnel, or
6 (vi) is a person who, at the time of the
7 commission of the murder, had not attained the
8 age of 17, and is found guilty of murdering a
9 person under 12 years of age and the murder is
10 committed during the course of aggravated
11 criminal sexual assault, criminal sexual
12 assault, or aggravated kidnaping, or
13 (vii) is found guilty of first degree
14 murder and the murder was committed by reason
15 of any person's activity as a community
16 policing volunteer or to prevent any person
17 from engaging in activity as a community
18 policing volunteer. For the purpose of this
19 Section, "community policing volunteer" has the
20 meaning ascribed to it in Section 2-3.5 of the
21 Criminal Code of 1961.
22 For purposes of clause (v), "emergency medical
23 technician - ambulance", "emergency medical
24 technician - intermediate", "emergency medical
25 technician - paramedic", have the meanings ascribed
26 to them in the Emergency Medical Services (EMS)
27 Systems Act.
28 (d) (i) if the person committed the offense
29 while armed with a firearm, 15 years shall be
30 added to the term of imprisonment imposed by
31 the court;
32 (ii) if, during the commission of the
33 offense, the person personally discharged a
34 firearm, 20 years shall be added to the term of
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1 imprisonment imposed by the court;
2 (iii) if, during the commission of the
3 offense, the person personally discharged a
4 firearm that proximately caused great bodily
5 harm, permanent disability, permanent
6 disfigurement, or death to another person, 25
7 years or up to a term of natural life shall be
8 added to the term of imprisonment imposed by
9 the court.
10 (1.5) for second degree murder, a term shall be not
11 less than 4 years and not more than 20 years;
12 (2) for a person adjudged a habitual criminal under
13 Article 33B of the Criminal Code of 1961, as amended, the
14 sentence shall be a term of natural life imprisonment;
15 (2.5) for a person convicted under the
16 circumstances described in paragraph (3) of subsection
17 (b) of Section 12-13, paragraph (2) of subsection (d) of
18 Section 12-14, or paragraph (2) of subsection (b) of
19 Section 12-14.1 of the Criminal Code of 1961, the
20 sentence shall be a term of natural life imprisonment;
21 (3) except as otherwise provided in the statute
22 defining the offense, for a Class X felony, the sentence
23 shall be not less than 6 years and not more than 30
24 years;
25 (4) for a Class 1 felony, other than second degree
26 murder, the sentence shall be not less than 4 years and
27 not more than 15 years;
28 (5) for a Class 2 felony, the sentence shall be not
29 less than 3 years and not more than 7 years;
30 (6) for a Class 3 felony, the sentence shall be not
31 less than 2 years and not more than 5 years;
32 (7) for a Class 4 felony, the sentence shall be not
33 less than 1 year and not more than 3 years.
34 (b) The sentencing judge in each felony conviction shall
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1 set forth his reasons for imposing the particular sentence he
2 enters in the case, as provided in Section 5-4-1 of this
3 Code. Those reasons may include any mitigating or
4 aggravating factors specified in this Code, or the lack of
5 any such circumstances, as well as any other such factors as
6 the judge shall set forth on the record that are consistent
7 with the purposes and principles of sentencing set out in
8 this Code.
9 (c) A motion to reduce a sentence may be made, or the
10 court may reduce a sentence without motion, within 30 days
11 after the sentence is imposed. A defendant's challenge to
12 the correctness of a sentence or to any aspect of the
13 sentencing hearing shall be made by a written motion filed
14 within 30 days following the imposition of sentence.
15 However, the court may not increase a sentence once it is
16 imposed.
17 If a motion filed pursuant to this subsection is timely
18 filed within 30 days after the sentence is imposed, the
19 proponent of the motion shall exercise due diligence in
20 seeking a determination on the motion and the court shall
21 thereafter decide such motion within a reasonable time.
22 If a motion filed pursuant to this subsection is timely
23 filed within 30 days after the sentence is imposed, then for
24 purposes of perfecting an appeal, a final judgment shall not
25 be considered to have been entered until the motion to reduce
26 a sentence has been decided by order entered by the trial
27 court.
28 A motion filed pursuant to this subsection shall not be
29 considered to have been timely filed unless it is filed with
30 the circuit court clerk within 30 days after the sentence is
31 imposed together with a notice of motion, which notice of
32 motion shall set the motion on the court's calendar on a date
33 certain within a reasonable time after the date of filing.
34 (d) Except where a term of natural life is imposed,
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1 every sentence shall include as though written therein a term
2 in addition to the term of imprisonment. For those sentenced
3 under the law in effect prior to February 1, 1978, such term
4 shall be identified as a parole term. For those sentenced on
5 or after February 1, 1978, such term shall be identified as a
6 mandatory supervised release term. Subject to earlier
7 termination under Section 3-3-8, the parole or mandatory
8 supervised release term shall be as follows:
9 (1) for first degree murder or a Class X felony, 3
10 years;
11 (2) for a Class 1 felony or a Class 2 felony, 2
12 years;
13 (3) for a Class 3 felony or a Class 4 felony, 1
14 year.
15 (e) A defendant who has a previous and unexpired
16 sentence of imprisonment imposed by another state or by any
17 district court of the United States and who, after sentence
18 for a crime in Illinois, must return to serve the unexpired
19 prior sentence may have his sentence by the Illinois court
20 ordered to be concurrent with the prior sentence in the other
21 state. The court may order that any time served on the
22 unexpired portion of the sentence in the other state, prior
23 to his return to Illinois, shall be credited on his Illinois
24 sentence. The other state shall be furnished with a copy of
25 the order imposing sentence which shall provide that, when
26 the offender is released from confinement of the other state,
27 whether by parole or by termination of sentence, the offender
28 shall be transferred by the Sheriff of the committing county
29 to the Illinois Department of Corrections. The court shall
30 cause the Department of Corrections to be notified of such
31 sentence at the time of commitment and to be provided with
32 copies of all records regarding the sentence.
33 (f) A defendant who has a previous and unexpired
34 sentence of imprisonment imposed by an Illinois circuit court
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1 for a crime in this State and who is subsequently sentenced
2 to a term of imprisonment by another state or by any district
3 court of the United States and who has served a term of
4 imprisonment imposed by the other state or district court of
5 the United States, and must return to serve the unexpired
6 prior sentence imposed by the Illinois Circuit Court may
7 apply to the court which imposed sentence to have his
8 sentence reduced.
9 The circuit court may order that any time served on the
10 sentence imposed by the other state or district court of the
11 United States be credited on his Illinois sentence. Such
12 application for reduction of a sentence under this
13 subsection (f) shall be made within 30 days after the
14 defendant has completed the sentence imposed by the other
15 state or district court of the United States.
16 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
17 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
18 1-1-99.)
19 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
20 Sec. 5-8-4. Concurrent and Consecutive Terms of
21 Imprisonment.
22 (a) When multiple sentences of imprisonment are imposed
23 on a defendant at the same time, or when a term of
24 imprisonment is imposed on a defendant who is already subject
25 to sentence in this State or in another state, or for a
26 sentence imposed by any district court of the United States,
27 the sentences shall run concurrently or consecutively as
28 determined by the court. When a term of imprisonment is
29 imposed on a defendant by an Illinois circuit court and the
30 defendant is subsequently sentenced to a term of imprisonment
31 by another state or by a district court of the United States,
32 the Illinois circuit court which imposed the sentence may
33 order that the Illinois sentence be made concurrent with the
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1 sentence imposed by the other state or district court of the
2 United States. The defendant must apply to the circuit court
3 within 30 days after the defendant's sentence imposed by the
4 other state or district of the United States is finalized.
5 The court shall not impose consecutive sentences for offenses
6 which were committed as part of a single course of conduct
7 during which there was no substantial change in the nature of
8 the criminal objective, unless:
9 (i), one of the offenses for which defendant was
10 convicted was a Class X or Class 1 felony and the
11 defendant inflicted severe bodily injury, or
12 (ii) where the defendant was convicted of a
13 violation of Section 12-13, 12-14, or 12-14.1 of the
14 Criminal Code of 1961, or
15 (iii) the defendant was convicted of armed violence
16 based upon the predicate offense of solicitation of
17 murder, solicitation of murder for hire, heinous battery,
18 aggravated battery of a senior citizen, criminal sexual
19 assault, a violation of subsection (g) of Section 5 of
20 the Cannabis Control Act, cannabis trafficking, a
21 violation of subsection (a) of Section 401 of the
22 Illinois Controlled Substances Act, controlled substance
23 trafficking involving a Class X felony amount of
24 controlled substance under Section 401 of the Illinois
25 Controlled Substances Act, calculated criminal drug
26 conspiracy, or streetgang criminal drug conspiracy,
27 in which event the court shall enter sentences to run
28 consecutively. Sentences shall run concurrently unless
29 otherwise specified by the court.
30 (b) The court shall not impose a consecutive sentence
31 except as provided for in subsection (a) unless, having
32 regard to the nature and circumstances of the offense and the
33 history and character of the defendant, it is of the opinion
34 that such a term is required to protect the public from
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1 further criminal conduct by the defendant, the basis for
2 which the court shall set forth in the record; except that no
3 such finding or opinion is required when multiple sentences
4 of imprisonment are imposed on a defendant for offenses that
5 were not committed as part of a single course of conduct
6 during which there was no substantial change in the nature of
7 the criminal objective, and one of the offenses for which the
8 defendant was convicted was a Class X or Class 1 felony and
9 the defendant inflicted severe bodily injury, or when the
10 defendant was convicted of a violation of Section 12-13,
11 12-14, or 12-14.1 of the Criminal Code of 1961, or where the
12 defendant was convicted of armed violence based upon the
13 predicate offense of solicitation of murder, solicitation of
14 murder for hire, heinous battery, aggravated battery of a
15 senior citizen, criminal sexual assault, a violation of
16 subsection (g) of Section 5 of the Cannabis Control Act,
17 cannabis trafficking, a violation of subsection (a) of
18 Section 401 of the Illinois Controlled Substances Act,
19 controlled substance trafficking involving a Class X felony
20 amount of controlled substance under Section 401 of the
21 Illinois Controlled Substances Act, calculated criminal drug
22 conspiracy, or streetgang criminal drug conspiracy, in which
23 event the Court shall enter sentences to run consecutively.
24 (c) (1) For sentences imposed under law in effect prior
25 to February 1, 1978 the aggregate maximum of consecutive
26 sentences shall not exceed the maximum term authorized
27 under Section 5-8-1 for the 2 most serious felonies
28 involved. The aggregate minimum period of consecutive
29 sentences shall not exceed the highest minimum term
30 authorized under Section 5-8-1 for the 2 most serious
31 felonies involved. When sentenced only for misdemeanors,
32 a defendant shall not be consecutively sentenced to more
33 than the maximum for one Class A misdemeanor.
34 (2) For sentences imposed under the law in effect
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1 on or after February 1, 1978, the aggregate of
2 consecutive sentences for offenses that were committed as
3 part of a single course of conduct during which there was
4 no substantial change in the nature of the criminal
5 objective shall not exceed the sum of the maximum terms
6 authorized under Section 5-8-2 for the 2 most serious
7 felonies involved, but no such limitation shall apply for
8 offenses that were not committed as part of a single
9 course of conduct during which there was no substantial
10 change in the nature of the criminal objective. When
11 sentenced only for misdemeanors, a defendant shall not be
12 consecutively sentenced to more than the maximum for one
13 Class A misdemeanor.
14 (d) An offender serving a sentence for a misdemeanor who
15 is convicted of a felony and sentenced to imprisonment shall
16 be transferred to the Department of Corrections, and the
17 misdemeanor sentence shall be merged in and run concurrently
18 with the felony sentence.
19 (e) In determining the manner in which consecutive
20 sentences of imprisonment, one or more of which is for a
21 felony, will be served, the Department of Corrections shall
22 treat the offender as though he had been committed for a
23 single term with the following incidents:
24 (1) the maximum period of a term of imprisonment
25 shall consist of the aggregate of the maximums of the
26 imposed indeterminate terms, if any, plus the aggregate
27 of the imposed determinate sentences for felonies plus
28 the aggregate of the imposed determinate sentences for
29 misdemeanors subject to paragraph (c) of this Section;
30 (2) the parole or mandatory supervised release term
31 shall be as provided in paragraph (e) of Section 5-8-1 of
32 this Code for the most serious of the offenses involved;
33 (3) the minimum period of imprisonment shall be the
34 aggregate of the minimum and determinate periods of
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1 imprisonment imposed by the court, subject to paragraph
2 (c) of this Section; and
3 (4) the offender shall be awarded credit against
4 the aggregate maximum term and the aggregate minimum term
5 of imprisonment for all time served in an institution
6 since the commission of the offense or offenses and as a
7 consequence thereof at the rate specified in Section
8 3-6-3 of this Code.
9 (f) A sentence of an offender committed to the
10 Department of Corrections at the time of the commission of
11 the offense shall be served consecutive to the sentence under
12 which he is held by the Department of Corrections. However,
13 in case such offender shall be sentenced to punishment by
14 death, the sentence shall be executed at such time as the
15 court may fix without regard to the sentence under which such
16 offender may be held by the Department.
17 (g) A sentence under Section 3-6-4 for escape or
18 attempted escape shall be served consecutive to the terms
19 under which the offender is held by the Department of
20 Corrections.
21 (h) If a person charged with a felony commits a separate
22 felony while on pre-trial release or in pretrial detention in
23 a county jail facility or county detention facility, the
24 sentences imposed upon conviction of these felonies shall be
25 served consecutively regardless of the order in which the
26 judgments of conviction are entered.
27 (i) If a person admitted to bail following conviction of
28 a felony commits a separate felony while free on bond or if a
29 person detained in a county jail facility or county detention
30 facility following conviction of a felony commits a separate
31 felony while in detention, any sentence following conviction
32 of the separate felony shall be consecutive to that of the
33 original sentence for which the defendant was on bond or
34 detained.
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1 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
2 90-128, eff. 7-22-97.)
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