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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Section 12-4 as follows:
| ||||||||||||||||||||||||||
6 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
| ||||||||||||||||||||||||||
7 | Sec. 12-4. Aggravated Battery.
| ||||||||||||||||||||||||||
8 | (a) A person who, in committing a battery, intentionally or | ||||||||||||||||||||||||||
9 | knowingly
causes great bodily harm, or permanent disability or | ||||||||||||||||||||||||||
10 | disfigurement commits
aggravated battery.
| ||||||||||||||||||||||||||
11 | (b) In committing a battery, a person commits aggravated | ||||||||||||||||||||||||||
12 | battery if he or
she:
| ||||||||||||||||||||||||||
13 | (1) Uses a deadly weapon other than by the discharge of | ||||||||||||||||||||||||||
14 | a firearm;
| ||||||||||||||||||||||||||
15 | (2) Is hooded, robed or masked, in such manner as to | ||||||||||||||||||||||||||
16 | conceal his
identity;
| ||||||||||||||||||||||||||
17 | (3) Knows the individual harmed to be a teacher or | ||||||||||||||||||||||||||
18 | other person
employed in any school and such teacher or | ||||||||||||||||||||||||||
19 | other employee is upon the
grounds of a school or grounds | ||||||||||||||||||||||||||
20 | adjacent thereto, or is in any part of a
building used for | ||||||||||||||||||||||||||
21 | school purposes;
| ||||||||||||||||||||||||||
22 | (4) (Blank);
| ||||||||||||||||||||||||||
23 | (5) (Blank);
|
| |||||||
| |||||||
1 | (6) Knows the individual harmed to be a community
| ||||||
2 | policing volunteer while
such volunteer is engaged in the | ||||||
3 | execution of
any official duties, or to prevent the | ||||||
4 | volunteer from performing official duties, or in
| ||||||
5 | retaliation for the volunteer performing official
duties, | ||||||
6 | and the battery is committed other than by the discharge of | ||||||
7 | a firearm;
| ||||||
8 | (7) Knows the individual harmed to be an emergency | ||||||
9 | medical technician -
ambulance, emergency medical | ||||||
10 | technician - intermediate, emergency medical
technician - | ||||||
11 | paramedic, ambulance driver, other medical assistance, | ||||||
12 | first
aid personnel, or hospital personnel engaged in the
| ||||||
13 | performance of any of his or her official duties,
or to | ||||||
14 | prevent the emergency medical technician - ambulance, | ||||||
15 | emergency medical
technician - intermediate, emergency | ||||||
16 | medical technician - paramedic, ambulance
driver, other | ||||||
17 | medical assistance, first aid personnel, or
hospital | ||||||
18 | personnel from performing
official duties, or in | ||||||
19 | retaliation for performing official duties;
| ||||||
20 | (8) Is, or the person battered is, on or about a public | ||||||
21 | way, public
property or public place of accommodation or | ||||||
22 | amusement;
| ||||||
23 | (8.5) Is, or the person battered is, on a publicly or | ||||||
24 | privately owned sports or entertainment arena, stadium, | ||||||
25 | community or convention hall, special event center, | ||||||
26 | amusement facility, or a special event center in a public |
| |||||||
| |||||||
1 | park during any 24-hour period when a professional sporting | ||||||
2 | event, National Collegiate Athletic Association | ||||||
3 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
4 | Committee-sanctioned sporting event, or International | ||||||
5 | Olympic Committee-sanctioned sporting event is taking | ||||||
6 | place in this venue;
| ||||||
7 | (9) Knows the individual harmed to be the driver, | ||||||
8 | operator, employee
or passenger of any transportation | ||||||
9 | facility or system engaged in the
business of | ||||||
10 | transportation of the public for hire and the individual
| ||||||
11 | assaulted is then performing in such capacity or then using | ||||||
12 | such public
transportation as a passenger or using any area | ||||||
13 | of any description
designated by the transportation | ||||||
14 | facility or system as a vehicle
boarding, departure, or | ||||||
15 | transfer location;
| ||||||
16 | (10) Knows the individual harmed to be an individual of | ||||||
17 | 60 years of age or older;
| ||||||
18 | (11) Knows the individual harmed is pregnant;
| ||||||
19 | (12) Knows the individual harmed to be a judge whom the
| ||||||
20 | person intended to harm as a result of the judge's | ||||||
21 | performance of his or
her official duties as a judge;
| ||||||
22 | (13) (Blank);
| ||||||
23 | (14) Knows the individual harmed to be a person who is | ||||||
24 | physically
handicapped;
| ||||||
25 | (15) Knowingly and without legal justification and by | ||||||
26 | any means causes
bodily harm to a merchant who detains the |
| |||||||
| |||||||
1 | person for an alleged commission of
retail theft under | ||||||
2 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
3 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
4 | Code;
| ||||||
5 | (16) Is, or the person battered is, in any building or | ||||||
6 | other structure
used to provide shelter or other services | ||||||
7 | to victims or to the dependent
children of victims of | ||||||
8 | domestic violence pursuant to the Illinois Domestic
| ||||||
9 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
10 | or the person
battered is within 500 feet of such a | ||||||
11 | building or other structure while going
to or from such a | ||||||
12 | building or other structure. "Domestic violence" has the
| ||||||
13 | meaning ascribed to it in Section 103 of the Illinois | ||||||
14 | Domestic Violence Act of
1986. "Building or other structure | ||||||
15 | used to provide shelter" has the meaning
ascribed to | ||||||
16 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
17 | Act;
| ||||||
18 | (17) (Blank);
| ||||||
19 | (18) Knows the individual harmed to be an officer or | ||||||
20 | employee of the State of Illinois, a unit of local | ||||||
21 | government, or school district engaged in the performance | ||||||
22 | of his or her authorized duties as such officer or | ||||||
23 | employee; | ||||||
24 | (19) Knows the individual harmed to be an emergency | ||||||
25 | management worker
engaged in the performance of any of his | ||||||
26 | or her official duties, or to prevent
the emergency |
| |||||||
| |||||||
1 | management worker from performing official duties, or in
| ||||||
2 | retaliation for the emergency management worker performing | ||||||
3 | official duties; | ||||||
4 | (20) Knows the individual harmed to be a private | ||||||
5 | security officer engaged in the performance of any of his | ||||||
6 | or her official duties, or to prevent
the private security | ||||||
7 | officer from performing official duties, or in
retaliation | ||||||
8 | for the private security officer performing official | ||||||
9 | duties; or | ||||||
10 | (21)
Knows the individual harmed to be a taxi driver | ||||||
11 | and the battery is committed while the taxi driver is on | ||||||
12 | duty; or | ||||||
13 | (22)
Knows the individual harmed to be a utility | ||||||
14 | worker, while the utility worker is engaged in the | ||||||
15 | execution of his or her duties, or to prevent the utility | ||||||
16 | worker from performing his or her duties, or in retaliation | ||||||
17 | for the utility worker performing his or her duties. In | ||||||
18 | this paragraph (22), "utility worker" means a person | ||||||
19 | employed by a public utility as defined in Section 3-105 of | ||||||
20 | the Public Utilities Act and also includes an employee of a | ||||||
21 | municipally owned utility, an employee of a cable | ||||||
22 | television company, an employee of an electric
cooperative | ||||||
23 | as defined in Section 3-119 of the Public Utilities
Act, an | ||||||
24 | independent contractor or an employee of an independent
| ||||||
25 | contractor working on behalf of a cable television company, | ||||||
26 | public utility, municipally
owned utility, or an electric |
| |||||||
| |||||||
1 | cooperative, or an employee of a
telecommunications | ||||||
2 | carrier as defined in Section 13-202 of the
Public | ||||||
3 | Utilities Act, an independent contractor or an employee of
| ||||||
4 | an independent contractor working on behalf of a
| ||||||
5 | telecommunications carrier, or an employee of a telephone | ||||||
6 | or
telecommunications cooperative as defined in Section | ||||||
7 | 13-212 of
the Public Utilities Act, or an independent | ||||||
8 | contractor or an
employee of an independent contractor | ||||||
9 | working on behalf of a
telephone or telecommunications | ||||||
10 | cooperative.
| ||||||
11 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
12 | Section, a
physically handicapped person is a person who | ||||||
13 | suffers from a permanent and
disabling physical | ||||||
14 | characteristic, resulting from disease, injury,
functional | ||||||
15 | disorder or congenital condition.
| ||||||
16 | For the purpose of paragraph (20) of subsection (b) and | ||||||
17 | subsection (e) of this Section, "private security officer" | ||||||
18 | means a registered employee of a private security contractor | ||||||
19 | agency under the Private Detective, Private Alarm, Private | ||||||
20 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
21 | (c) A person who administers to an individual or causes him | ||||||
22 | to take,
without his consent or by threat or deception, and for | ||||||
23 | other than
medical purposes, any intoxicating, poisonous, | ||||||
24 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
25 | commits aggravated battery.
| ||||||
26 | (d) A person who knowingly gives to another person any food |
| |||||||
| |||||||
1 | that
contains any substance or object that is intended to cause | ||||||
2 | physical
injury if eaten, commits aggravated battery.
| ||||||
3 | (d-3) A person commits aggravated battery when he or she | ||||||
4 | knowingly and
without lawful justification shines or flashes a | ||||||
5 | laser gunsight or other laser
device that is attached or | ||||||
6 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
7 | that the laser beam strikes upon or against the person of | ||||||
8 | another.
| ||||||
9 | (d-5) An inmate of a penal institution or a sexually | ||||||
10 | dangerous person or a
sexually violent person in the custody of | ||||||
11 | the Department of Human Services
who causes or attempts to | ||||||
12 | cause a
correctional employee of the penal institution or an | ||||||
13 | employee of the
Department of Human Services to come into | ||||||
14 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
15 | throwing, tossing, or expelling that fluid
or material commits | ||||||
16 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
17 | "correctional employee" means a person who is employed by a | ||||||
18 | penal institution.
| ||||||
19 | (e) Sentence.
| ||||||
20 | (1) Except as otherwise provided in paragraphs (2), | ||||||
21 | (3), and (4) aggravated battery is a Class 3 felony. | ||||||
22 | (2) Aggravated battery that does not cause great bodily | ||||||
23 | harm or permanent disability or disfigurement is a Class 2 | ||||||
24 | felony when the person knows
the individual harmed to be a | ||||||
25 | peace officer, a community
policing volunteer, a private | ||||||
26 | security officer, a correctional institution employee, an
|
| |||||||
| |||||||
1 | employee of the Department of Human Services supervising or
| ||||||
2 | controlling sexually dangerous persons or sexually violent
| ||||||
3 | persons, or a fireman while such officer, volunteer, | ||||||
4 | employee,
or fireman is engaged in the execution of any | ||||||
5 | official duties
including arrest or attempted arrest, or to | ||||||
6 | prevent the
officer, volunteer, employee, or fireman from | ||||||
7 | performing
official duties, or in retaliation for the | ||||||
8 | officer, volunteer,
employee, or fireman performing | ||||||
9 | official duties, and the
battery is committed other than by | ||||||
10 | the discharge of a firearm.
| ||||||
11 | (3) Aggravated battery that causes great bodily harm or | ||||||
12 | permanent disability or disfigurement in
violation of | ||||||
13 | subsection (a)
is a Class 1 felony when the person knows | ||||||
14 | the individual harmed to be a peace
officer, a community
| ||||||
15 | policing volunteer, a private security officer, a | ||||||
16 | correctional institution employee, an employee
of the | ||||||
17 | Department of Human Services supervising or controlling | ||||||
18 | sexually
dangerous persons or sexually violent persons, or | ||||||
19 | a fireman while
such officer, volunteer, employee, or | ||||||
20 | fireman is engaged in the execution of
any official duties | ||||||
21 | including arrest or attempted arrest, or to prevent the
| ||||||
22 | officer, volunteer, employee, or fireman from performing | ||||||
23 | official duties, or in
retaliation for the officer, | ||||||
24 | volunteer, employee, or fireman performing official
| ||||||
25 | duties, and the battery is committed other than by the | ||||||
26 | discharge of a firearm .
|
| |||||||
| |||||||
1 | (4) Aggravated battery under subsection (d-5) is a | ||||||
2 | Class 2 felony. | ||||||
3 | (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, | ||||||
4 | eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; | ||||||
5 | 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; | ||||||
6 | 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff. | ||||||
7 | 8-21-08.)
| ||||||
8 | Section 10. The Unified Code of Corrections is amended by | ||||||
9 | changing Section 3-6-3 as follows:
| ||||||
10 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
11 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||
12 | (a) (1) The Department of Corrections shall prescribe | ||||||
13 | rules
and regulations for the early release on account of | ||||||
14 | good
conduct of persons committed to the Department which | ||||||
15 | shall
be subject to review by the Prisoner Review Board.
| ||||||
16 | (2) The rules and regulations on early release shall | ||||||
17 | provide, with
respect to offenses listed in clause (i), | ||||||
18 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
19 | June 19, 1998 or with respect to the offense listed in | ||||||
20 | clause (iv) of this paragraph (2) committed on or after | ||||||
21 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
22 | with
respect to offense listed in clause (vi)
committed on | ||||||
23 | or after June 1, 2008 (the effective date of Public Act | ||||||
24 | 95-625)
or with respect to the offense of being an armed |
| |||||||
| |||||||
1 | habitual criminal committed on or after August 2, 2005 (the | ||||||
2 | effective date of Public Act 94-398) or with respect to the | ||||||
3 | offenses listed in clause (v) of this paragraph (2) | ||||||
4 | committed on or after August 13, 2007 (the effective date | ||||||
5 | of Public Act 95-134) or with respect to the offense of | ||||||
6 | aggravated battery under subsection (a) of Section 12-4 of | ||||||
7 | the Criminal Code of 1961 committed on or after the | ||||||
8 | effective date of this amendatory Act of the 96th General | ||||||
9 | Assembly , the following:
| ||||||
10 | (i) that a prisoner who is serving a term of | ||||||
11 | imprisonment for first
degree murder or for the offense | ||||||
12 | of terrorism shall receive no good conduct
credit and | ||||||
13 | shall serve the entire
sentence imposed by the court;
| ||||||
14 | (ii) that a prisoner serving a sentence for attempt | ||||||
15 | to commit first
degree murder, solicitation of murder, | ||||||
16 | solicitation of murder for hire,
intentional homicide | ||||||
17 | of an unborn child, predatory criminal sexual assault | ||||||
18 | of a
child, aggravated criminal sexual assault, | ||||||
19 | criminal sexual assault, aggravated
kidnapping, | ||||||
20 | aggravated battery with a firearm, heinous battery, | ||||||
21 | being an armed habitual criminal, aggravated
battery | ||||||
22 | of a senior citizen, or aggravated battery of a child | ||||||
23 | shall receive no
more than 4.5 days of good conduct | ||||||
24 | credit for each month of his or her sentence
of | ||||||
25 | imprisonment;
| ||||||
26 | (iii) that a prisoner serving a sentence
for home |
| |||||||
| |||||||
1 | invasion, armed robbery, aggravated vehicular | ||||||
2 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
3 | violence with a category I weapon
or category II | ||||||
4 | weapon, when the court
has made and entered a finding, | ||||||
5 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
6 | Code, that the conduct leading to conviction for the | ||||||
7 | enumerated offense
resulted in great bodily harm to a | ||||||
8 | victim, shall receive no more than 4.5 days
of good | ||||||
9 | conduct credit for each month of his or her sentence of | ||||||
10 | imprisonment;
| ||||||
11 | (iv) that a prisoner serving a sentence for | ||||||
12 | aggravated discharge of a firearm, whether or not the | ||||||
13 | conduct leading to conviction for the offense resulted | ||||||
14 | in great bodily harm to the victim, shall receive no | ||||||
15 | more than 4.5 days of good conduct credit for each | ||||||
16 | month of his or her sentence of imprisonment;
| ||||||
17 | (v) that a person serving a sentence for | ||||||
18 | gunrunning, narcotics racketeering, controlled | ||||||
19 | substance trafficking, methamphetamine trafficking, | ||||||
20 | drug-induced homicide, aggravated | ||||||
21 | methamphetamine-related child endangerment, money | ||||||
22 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
23 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
24 | conviction for delivery of a controlled substance, | ||||||
25 | possession of a controlled substance with intent to | ||||||
26 | manufacture or deliver, calculated criminal drug |
| |||||||
| |||||||
1 | conspiracy, criminal drug conspiracy, street gang | ||||||
2 | criminal drug conspiracy, participation in | ||||||
3 | methamphetamine manufacturing, aggravated | ||||||
4 | participation in methamphetamine manufacturing, | ||||||
5 | delivery of methamphetamine, possession with intent to | ||||||
6 | deliver methamphetamine, aggravated delivery of | ||||||
7 | methamphetamine, aggravated possession with intent to | ||||||
8 | deliver methamphetamine, methamphetamine conspiracy | ||||||
9 | when the substance containing the controlled substance | ||||||
10 | or methamphetamine is 100 grams or more shall receive | ||||||
11 | no more than 7.5 days good conduct credit for each | ||||||
12 | month of his or her sentence of imprisonment; and
| ||||||
13 | (vi)
that a prisoner serving a sentence for a | ||||||
14 | second or subsequent offense of luring a minor shall | ||||||
15 | receive no more than 4.5 days of good conduct credit | ||||||
16 | for each month of his or her sentence of imprisonment ; | ||||||
17 | and | ||||||
18 | (vii) that a prisoner serving a sentence for | ||||||
19 | aggravated battery under subsection (a) of Section | ||||||
20 | 12-4 of the Criminal Code of 1961 shall receive no more | ||||||
21 | than 4.5 days
of good conduct credit for each month of | ||||||
22 | his or her sentence of imprisonment .
| ||||||
23 | (2.1) For all offenses, other than those enumerated in | ||||||
24 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
25 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
26 | after June 23, 2005 (the effective date of Public Act |
| |||||||
| |||||||
1 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
2 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
3 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
4 | 2008 (the effective date of Public Act 95-625) or | ||||||
5 | subdivision (a)(2)(vii) committed on or after the | ||||||
6 | effective date of this amendatory Act of the 96th General | ||||||
7 | Assembly , and other than the offense of reckless
homicide | ||||||
8 | as defined in subsection (e) of Section 9-3 of the Criminal | ||||||
9 | Code of
1961 committed on or after January 1, 1999,
or | ||||||
10 | aggravated driving under the influence of alcohol, other | ||||||
11 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
12 | any combination thereof as defined in
subparagraph (F) of | ||||||
13 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
14 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
15 | provide that a prisoner who is serving a term of
| ||||||
16 | imprisonment shall receive one day of good conduct credit | ||||||
17 | for each day of
his or her sentence of imprisonment or | ||||||
18 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
19 | credit shall reduce by one day the prisoner's period
of | ||||||
20 | imprisonment or recommitment under Section 3-3-9.
| ||||||
21 | (2.2) A prisoner serving a term of natural life | ||||||
22 | imprisonment or a
prisoner who has been sentenced to death | ||||||
23 | shall receive no good conduct
credit.
| ||||||
24 | (2.3) The rules and regulations on early release shall | ||||||
25 | provide that
a prisoner who is serving a sentence for | ||||||
26 | reckless homicide as defined in
subsection (e) of Section |
| |||||||
| |||||||
1 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
2 | January 1, 1999, or aggravated driving under the influence | ||||||
3 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
4 | or compounds, or any combination
thereof as defined in | ||||||
5 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
6 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
7 | no more than 4.5
days of good conduct credit for each month | ||||||
8 | of his or her sentence of
imprisonment.
| ||||||
9 | (2.4) The rules and regulations on early release shall | ||||||
10 | provide with
respect to the offenses of aggravated battery | ||||||
11 | with a machine gun or a firearm
equipped with any device or | ||||||
12 | attachment designed or used for silencing the
report of a | ||||||
13 | firearm or aggravated discharge of a machine gun or a | ||||||
14 | firearm
equipped with any device or attachment designed or | ||||||
15 | used for silencing the
report of a firearm, committed on or | ||||||
16 | after
July 15, 1999 (the effective date of Public Act | ||||||
17 | 91-121),
that a prisoner serving a sentence for any of | ||||||
18 | these offenses shall receive no
more than 4.5 days of good | ||||||
19 | conduct credit for each month of his or her sentence
of | ||||||
20 | imprisonment.
| ||||||
21 | (2.5) The rules and regulations on early release shall | ||||||
22 | provide that a
prisoner who is serving a sentence for | ||||||
23 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
24 | effective date of Public Act 92-176) shall receive no more | ||||||
25 | than
4.5 days of good conduct credit for each month of his | ||||||
26 | or her sentence of
imprisonment.
|
| |||||||
| |||||||
1 | (3) The rules and regulations shall also provide that
| ||||||
2 | the Director may award up to 180 days additional good | ||||||
3 | conduct
credit for meritorious service in specific | ||||||
4 | instances as the
Director deems proper; except that no more | ||||||
5 | than 90 days
of good conduct credit for meritorious service
| ||||||
6 | shall be awarded to any prisoner who is serving a sentence | ||||||
7 | for
conviction of first degree murder, reckless homicide | ||||||
8 | while under the
influence of alcohol or any other drug,
or | ||||||
9 | aggravated driving under the influence of alcohol, other | ||||||
10 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
11 | any combination thereof as defined in
subparagraph (F) of | ||||||
12 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
13 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
14 | predatory criminal sexual assault of a child,
aggravated | ||||||
15 | criminal sexual assault, criminal sexual assault, deviate | ||||||
16 | sexual
assault, aggravated criminal sexual abuse, | ||||||
17 | aggravated indecent liberties
with a child, indecent | ||||||
18 | liberties with a child, child pornography, heinous
| ||||||
19 | battery, aggravated battery of a spouse, aggravated | ||||||
20 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
21 | stalking, aggravated battery of a child,
endangering the | ||||||
22 | life or health of a child, or cruelty to a child. | ||||||
23 | Notwithstanding the foregoing, good conduct credit for
| ||||||
24 | meritorious service shall not be awarded on a
sentence of | ||||||
25 | imprisonment imposed for conviction of: (i) one of the | ||||||
26 | offenses
enumerated in subdivision (a)(2)(i), (ii), or |
| |||||||
| |||||||
1 | (iii) when the offense is committed on or after
June 19, | ||||||
2 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
3 | committed on or after June 23, 2005 (the effective date of | ||||||
4 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
5 | is committed on or after August 13, 2007 (the effective | ||||||
6 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
7 | the offense is committed on or after June 1, 2008 (the | ||||||
8 | effective date of Public Act 95-625) or subdivision | ||||||
9 | (a)(2)(vii) when the offense is committed on or after the | ||||||
10 | effective date of this amendatory Act of the 96th General | ||||||
11 | Assembly , (ii) reckless homicide as
defined in subsection | ||||||
12 | (e) of Section 9-3 of the Criminal Code of 1961 when
the | ||||||
13 | offense is committed on or after January 1, 1999,
or | ||||||
14 | aggravated driving under the influence of alcohol, other | ||||||
15 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
16 | any combination thereof as defined in
subparagraph (F) of | ||||||
17 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
18 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
19 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
20 | after
July 15, 1999 (the effective date of Public Act | ||||||
21 | 91-121),
or (iv) aggravated arson when the offense is | ||||||
22 | committed
on or after July 27, 2001 (the effective date of | ||||||
23 | Public Act 92-176).
| ||||||
24 | (4) The rules and regulations shall also provide that | ||||||
25 | the good conduct
credit accumulated and retained under | ||||||
26 | paragraph (2.1) of subsection (a) of
this Section by any |
| |||||||
| |||||||
1 | inmate during specific periods of time in which such
inmate | ||||||
2 | is engaged full-time in substance abuse programs, | ||||||
3 | correctional
industry assignments, or educational programs | ||||||
4 | provided by the Department
under this paragraph (4) and | ||||||
5 | satisfactorily completes the assigned program as
| ||||||
6 | determined by the standards of the Department, shall be | ||||||
7 | multiplied by a factor
of 1.25 for program participation | ||||||
8 | before August 11, 1993
and 1.50 for program participation | ||||||
9 | on or after that date.
However, no inmate shall be eligible | ||||||
10 | for the additional good conduct credit
under this paragraph | ||||||
11 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
12 | boot camp
or electronic detention, or if convicted of an | ||||||
13 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
14 | (iii) of this Section that is committed on or after June | ||||||
15 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
16 | committed on or after June 23, 2005 (the effective date of | ||||||
17 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
18 | that is committed on or after August 13, 2007 (the | ||||||
19 | effective date of Public Act 95-134)
or subdivision | ||||||
20 | (a)(2)(vi) when the offense is committed on or after June | ||||||
21 | 1, 2008 (the effective date of Public Act 95-625) or | ||||||
22 | subdivision (a)(2)(vii) of this Section that is committed | ||||||
23 | on or after the effective date of this amendatory Act of | ||||||
24 | the 96th General Assembly , or if convicted of reckless | ||||||
25 | homicide as defined in subsection (e) of
Section 9-3 of the | ||||||
26 | Criminal Code of 1961 if the offense is committed on or
|
| |||||||
| |||||||
1 | after January 1, 1999,
or aggravated driving under the | ||||||
2 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
3 | compound or compounds, or any combination thereof as | ||||||
4 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
5 | (d) of Section 11-501 of the
Illinois Vehicle Code, or if | ||||||
6 | convicted of an offense enumerated in paragraph
(a)(2.4) of | ||||||
7 | this Section that is committed on or after
July 15, 1999 | ||||||
8 | (the effective date of Public Act 91-121),
or first degree | ||||||
9 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
10 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
11 | aggravated battery with a firearm, or any predecessor or | ||||||
12 | successor offenses
with the same or substantially the same | ||||||
13 | elements, or any inchoate offenses
relating to the | ||||||
14 | foregoing offenses. No inmate shall be eligible for the
| ||||||
15 | additional good conduct credit under this paragraph (4) who | ||||||
16 | (i) has previously
received increased good conduct credit | ||||||
17 | under this paragraph (4) and has
subsequently been | ||||||
18 | convicted of a
felony, or (ii) has previously served more | ||||||
19 | than one prior sentence of
imprisonment for a felony in an | ||||||
20 | adult correctional facility.
| ||||||
21 | Educational, vocational, substance abuse and | ||||||
22 | correctional
industry programs under which good conduct | ||||||
23 | credit may be increased under
this paragraph (4) and | ||||||
24 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
25 | by the Department on the basis of
documented standards. The | ||||||
26 | Department shall report the results of these
evaluations to |
| |||||||
| |||||||
1 | the Governor and the General Assembly by September 30th of | ||||||
2 | each
year. The reports shall include data relating to the | ||||||
3 | recidivism rate among
program participants.
| ||||||
4 | Availability of these programs shall be subject to the
| ||||||
5 | limits of fiscal resources appropriated by the General | ||||||
6 | Assembly for these
purposes. Eligible inmates who are | ||||||
7 | denied immediate admission shall be
placed on a waiting | ||||||
8 | list under criteria established by the Department.
The | ||||||
9 | inability of any inmate to become engaged in any such | ||||||
10 | programs
by reason of insufficient program resources or for | ||||||
11 | any other reason
established under the rules and | ||||||
12 | regulations of the Department shall not be
deemed a cause | ||||||
13 | of action under which the Department or any employee or
| ||||||
14 | agent of the Department shall be liable for damages to the | ||||||
15 | inmate.
| ||||||
16 | (4.1) The rules and regulations shall also provide that | ||||||
17 | an additional 60 days of good conduct credit shall be | ||||||
18 | awarded to any prisoner who passes the high school level | ||||||
19 | Test of General Educational Development (GED) while the | ||||||
20 | prisoner is incarcerated. The good conduct credit awarded | ||||||
21 | under this paragraph (4.1) shall be in addition to, and | ||||||
22 | shall not affect, the award of good conduct under any other | ||||||
23 | paragraph of this Section, but shall also be pursuant to | ||||||
24 | the guidelines and restrictions set forth in paragraph (4) | ||||||
25 | of subsection (a) of this Section.
The good conduct credit | ||||||
26 | provided for in this paragraph shall be available only to |
| |||||||
| |||||||
1 | those prisoners who have not previously earned a high | ||||||
2 | school diploma or a GED. If, after an award of the GED good | ||||||
3 | conduct credit has been made and the Department determines | ||||||
4 | that the prisoner was not eligible, then the award shall be | ||||||
5 | revoked.
| ||||||
6 | (4.5) The rules and regulations on early release shall | ||||||
7 | also provide that
when the court's sentencing order | ||||||
8 | recommends a prisoner for substance abuse treatment and the
| ||||||
9 | crime was committed on or after September 1, 2003 (the | ||||||
10 | effective date of
Public Act 93-354), the prisoner shall | ||||||
11 | receive no good conduct credit awarded under clause (3) of | ||||||
12 | this subsection (a) unless he or she participates in and
| ||||||
13 | completes a substance abuse treatment program. The | ||||||
14 | Director may waive the requirement to participate in or | ||||||
15 | complete a substance abuse treatment program and award the | ||||||
16 | good conduct credit in specific instances if the prisoner | ||||||
17 | is not a good candidate for a substance abuse treatment | ||||||
18 | program for medical, programming, or operational reasons. | ||||||
19 | Availability of
substance abuse treatment shall be subject | ||||||
20 | to the limits of fiscal resources
appropriated by the | ||||||
21 | General Assembly for these purposes. If treatment is not
| ||||||
22 | available and the requirement to participate and complete | ||||||
23 | the treatment has not been waived by the Director, the | ||||||
24 | prisoner shall be placed on a waiting list under criteria
| ||||||
25 | established by the Department. The Director may allow a | ||||||
26 | prisoner placed on
a waiting list to participate in and |
| |||||||
| |||||||
1 | complete a substance abuse education class or attend | ||||||
2 | substance
abuse self-help meetings in lieu of a substance | ||||||
3 | abuse treatment program. A prisoner on a waiting list who | ||||||
4 | is not placed in a substance abuse program prior to release | ||||||
5 | may be eligible for a waiver and receive good conduct | ||||||
6 | credit under clause (3) of this subsection (a) at the | ||||||
7 | discretion of the Director.
| ||||||
8 | (4.6) The rules and regulations on early release shall | ||||||
9 | also provide that a prisoner who has been convicted of a | ||||||
10 | sex offense as defined in Section 2 of the Sex Offender | ||||||
11 | Registration Act shall receive no good conduct credit | ||||||
12 | unless he or she either has successfully completed or is | ||||||
13 | participating in sex offender treatment as defined by the | ||||||
14 | Sex Offender Management Board. However, prisoners who are | ||||||
15 | waiting to receive such treatment, but who are unable to do | ||||||
16 | so due solely to the lack of resources on the part of the | ||||||
17 | Department, may, at the Director's sole discretion, be | ||||||
18 | awarded good conduct credit at such rate as the Director | ||||||
19 | shall determine.
| ||||||
20 | (5) Whenever the Department is to release any inmate | ||||||
21 | earlier than it
otherwise would because of a grant of good | ||||||
22 | conduct credit for meritorious
service given at any time | ||||||
23 | during the term, the Department shall give
reasonable | ||||||
24 | advance notice of the impending release to the State's
| ||||||
25 | Attorney of the county where the prosecution of the inmate | ||||||
26 | took place.
|
| |||||||
| |||||||
1 | (b) Whenever a person is or has been committed under
| ||||||
2 | several convictions, with separate sentences, the sentences
| ||||||
3 | shall be construed under Section 5-8-4 in granting and
| ||||||
4 | forfeiting of good time.
| ||||||
5 | (c) The Department shall prescribe rules and regulations
| ||||||
6 | for revoking good conduct credit, or suspending or reducing
the | ||||||
7 | rate of accumulation of good conduct credit for specific
rule | ||||||
8 | violations, during imprisonment. These rules and regulations
| ||||||
9 | shall provide that no inmate may be penalized more than one
| ||||||
10 | year of good conduct credit for any one infraction.
| ||||||
11 | When the Department seeks to revoke, suspend or reduce
the | ||||||
12 | rate of accumulation of any good conduct credits for
an alleged | ||||||
13 | infraction of its rules, it shall bring charges
therefor | ||||||
14 | against the prisoner sought to be so deprived of
good conduct | ||||||
15 | credits before the Prisoner Review Board as
provided in | ||||||
16 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
17 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
18 | month period, the cumulative amount of
credit revoked exceeds | ||||||
19 | 30 days except where the infraction is committed
or discovered | ||||||
20 | within 60 days of scheduled release. In those cases,
the | ||||||
21 | Department of Corrections may revoke up to 30 days of good | ||||||
22 | conduct credit.
The Board may subsequently approve the | ||||||
23 | revocation of additional good
conduct credit, if the Department | ||||||
24 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
25 | However, the Board shall not be empowered to review the
| ||||||
26 | Department's decision with respect to the loss of 30 days of |
| |||||||
| |||||||
1 | good conduct
credit within any calendar year for any prisoner | ||||||
2 | or to increase any penalty
beyond the length requested by the | ||||||
3 | Department.
| ||||||
4 | The Director of the Department of Corrections, in | ||||||
5 | appropriate cases, may
restore up to 30 days good conduct | ||||||
6 | credits which have been revoked, suspended
or reduced. Any | ||||||
7 | restoration of good conduct credits in excess of 30 days shall
| ||||||
8 | be subject to review by the Prisoner Review Board. However, the | ||||||
9 | Board may not
restore good conduct credit in excess of the | ||||||
10 | amount requested by the Director.
| ||||||
11 | Nothing contained in this Section shall prohibit the | ||||||
12 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
13 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
14 | sentence imposed by the court that was not served due to the
| ||||||
15 | accumulation of good conduct credit.
| ||||||
16 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
17 | federal court
against the State, the Department of Corrections, | ||||||
18 | or the Prisoner Review Board,
or against any of
their officers | ||||||
19 | or employees, and the court makes a specific finding that a
| ||||||
20 | pleading, motion, or other paper filed by the prisoner is | ||||||
21 | frivolous, the
Department of Corrections shall conduct a | ||||||
22 | hearing to revoke up to
180 days of good conduct credit by | ||||||
23 | bringing charges against the prisoner
sought to be deprived of | ||||||
24 | the good conduct credits before the Prisoner Review
Board as | ||||||
25 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
26 | If the prisoner has not accumulated 180 days of good conduct |
| |||||||
| |||||||
1 | credit at the
time of the finding, then the Prisoner Review | ||||||
2 | Board may revoke all
good conduct credit accumulated by the | ||||||
3 | prisoner.
| ||||||
4 | For purposes of this subsection (d):
| ||||||
5 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
6 | filing which
purports to be a legal document filed by a | ||||||
7 | prisoner in his or her lawsuit meets
any or all of the | ||||||
8 | following criteria:
| ||||||
9 | (A) it lacks an arguable basis either in law or in | ||||||
10 | fact;
| ||||||
11 | (B) it is being presented for any improper purpose, | ||||||
12 | such as to harass or
to cause unnecessary delay or | ||||||
13 | needless increase in the cost of litigation;
| ||||||
14 | (C) the claims, defenses, and other legal | ||||||
15 | contentions therein are not
warranted by existing law | ||||||
16 | or by a nonfrivolous argument for the extension,
| ||||||
17 | modification, or reversal of existing law or the | ||||||
18 | establishment of new law;
| ||||||
19 | (D) the allegations and other factual contentions | ||||||
20 | do not have
evidentiary
support or, if specifically so | ||||||
21 | identified, are not likely to have evidentiary
support | ||||||
22 | after a reasonable opportunity for further | ||||||
23 | investigation or discovery;
or
| ||||||
24 | (E) the denials of factual contentions are not | ||||||
25 | warranted on the
evidence, or if specifically so | ||||||
26 | identified, are not reasonably based on a lack
of |
| |||||||
| |||||||
1 | information or belief.
| ||||||
2 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
3 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
4 | action under
Article X of the Code of Civil Procedure or | ||||||
5 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
6 | under the Court of Claims Act, an action under the
federal | ||||||
7 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
8 | subsequent petition for post-conviction relief under | ||||||
9 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
10 | whether filed with or without leave of court or a second or | ||||||
11 | subsequent petition for relief from judgment under Section | ||||||
12 | 2-1401 of the Code of Civil Procedure.
| ||||||
13 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
14 | validity of Public Act 89-404.
| ||||||
15 | (f) Whenever the Department is to release any inmate who | ||||||
16 | has been convicted of a violation of an order of protection | ||||||
17 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
18 | it
otherwise would because of a grant of good conduct credit, | ||||||
19 | the Department, as a condition of such early release, shall | ||||||
20 | require that the person, upon release, be placed under | ||||||
21 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
22 | Code. | ||||||
23 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | ||||||
24 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | ||||||
25 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
26 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, |
| |||||||
| |||||||
1 | eff. 8-21-08.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|