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1 | | is otherwise armed
with a dangerous weapon, other than a |
2 | | firearm; or
|
3 | | (4) he or she carries on or about his or her person or |
4 | | is otherwise armed
with a firearm; or
|
5 | | (5) he or she, during the commission of the offense, |
6 | | personally discharges
a firearm; or
|
7 | | (6) he or she, during the commission of the offense, |
8 | | personally discharges
a firearm that proximately causes |
9 | | great bodily harm, permanent disability,
permanent |
10 | | disfigurement, or death to another person.
|
11 | | (b) Sentence. Aggravated vehicular hijacking is a Class X |
12 | | felony for a first offense for which a term of imprisonment of |
13 | | not less than 10 years and not more than 60 years shall be |
14 | | imposed. A second or subsequent offense is a Class X felony for |
15 | | which a term of natural life imprisonment shall be imposed in |
16 | | violation of subsections
(a)(1) or (a)(2) is a Class X felony.
|
17 | | A violation of subsection (a)(3) is a Class X
felony for which |
18 | | a term of imprisonment of not less than 7 years shall be
|
19 | | imposed.
A violation of subsection (a)(4) is a Class X
felony |
20 | | for which 15 years shall be added to the term of imprisonment |
21 | | imposed by
the court. A violation of subsection (a)(5) is
a |
22 | | Class X felony for which 20 years shall be added to the term of |
23 | | imprisonment
imposed by the court. A violation of subsection
|
24 | | (a)(6) is a Class X felony for which 25 years or up to a term of |
25 | | natural life
shall be added to the term of imprisonment imposed |
26 | | by the court .
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1 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
2 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
3 | | Sec. 24-1.1. Unlawful use or possession of weapons by |
4 | | felons or
persons in the custody of the
Department of |
5 | | Corrections facilities. |
6 | | (a) It is unlawful
for a person to knowingly possess on or |
7 | | about his person or on his land or
in his own abode or fixed |
8 | | place of business any weapon prohibited under
Section 24-1 of |
9 | | this Act or any firearm or any firearm ammunition if the
person |
10 | | has been convicted of a felony under the laws of this State or |
11 | | any
other jurisdiction. This Section shall not apply if the |
12 | | person has been
granted relief by the Director of the |
13 | | Department of State Police
under Section 10 of the Firearm |
14 | | Owners Identification
Card Act.
|
15 | | (b) It is unlawful for any person confined in a penal |
16 | | institution,
which is a facility of the Illinois Department of |
17 | | Corrections, to possess
any weapon prohibited under Section |
18 | | 24-1 of this Code or any firearm or
firearm ammunition, |
19 | | regardless of the intent with which he possesses it.
|
20 | | (c) It shall be an affirmative defense to a violation of |
21 | | subsection (b), that such possession was specifically |
22 | | authorized by rule,
regulation, or directive of the Illinois |
23 | | Department of Corrections or order
issued pursuant thereto.
|
24 | | (d) The defense of necessity is not available to a person |
25 | | who is charged
with a violation of subsection (b) of this |
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1 | | Section.
|
2 | | (e) Sentence. Violation of this Section is a Class X felony |
3 | | for a first offense for which a term of imprisonment of not |
4 | | less than 10 years shall be imposed. A second or subsequent |
5 | | offense is a Class X felony for which a term of natural life |
6 | | imprisonment shall be imposed by a person not confined
in a |
7 | | penal institution shall be a Class 3 felony
for which the |
8 | | person shall be sentenced to no less than 2 years and no
more |
9 | | than 10 years. A second or subsequent violation of this Section |
10 | | shall be a Class 2 felony for which the person shall be |
11 | | sentenced to a term of imprisonment of not less than 3 years |
12 | | and not more than 14 years, except as provided for in Section |
13 | | 5-4.5-110 of the Unified Code of Corrections. Violation of this |
14 | | Section by a person not confined in a
penal institution who has |
15 | | been convicted of a forcible felony, a felony
violation of |
16 | | Article 24 of this Code or of the Firearm Owners Identification
|
17 | | Card Act, stalking or aggravated stalking, or a Class 2 or |
18 | | greater felony
under the Illinois Controlled Substances Act, |
19 | | the Cannabis Control Act, or the Methamphetamine Control and |
20 | | Community Protection Act is a
Class 2 felony for which the |
21 | | person
shall be sentenced to not less than 3 years and not more |
22 | | than 14 years, except as provided for in Section 5-4.5-110 of |
23 | | the Unified Code of Corrections.
Violation of this Section by a |
24 | | person who is on parole or mandatory supervised
release is a |
25 | | Class 2 felony for which the person shall be sentenced to not |
26 | | less than 3 years and not more than 14
years, except as |
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1 | | provided for in Section 5-4.5-110 of the Unified Code of |
2 | | Corrections. Violation of this Section by a person not confined |
3 | | in a penal
institution is a Class X felony when the firearm |
4 | | possessed is a machine gun.
Any person who violates this |
5 | | Section while confined in a penal
institution, which is a |
6 | | facility of the Illinois Department of
Corrections, is guilty |
7 | | of a Class 1
felony, if he possesses any weapon prohibited |
8 | | under Section 24-1 of this
Code regardless of the intent with |
9 | | which he possesses it, a Class X
felony if he possesses any |
10 | | firearm, firearm ammunition or explosive, and a
Class X felony |
11 | | for which the offender shall be sentenced to not less than 12
|
12 | | years and not more than 50 years when the firearm possessed is |
13 | | a machine
gun. A violation of this Section while wearing or in |
14 | | possession of body armor as defined in Section 33F-1 is a Class |
15 | | X felony punishable by a term of imprisonment of not less than |
16 | | 10 years and not more than 40 years .
The possession of each |
17 | | firearm or firearm ammunition in violation of this Section |
18 | | constitutes a single and separate violation.
|
19 | | (Source: P.A. 100-3, eff. 1-1-18 .)
|
20 | | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
|
21 | | Sec. 24-1.2. Aggravated discharge of a firearm. |
22 | | (a) A person commits aggravated discharge of a firearm when |
23 | | he or she
knowingly or
intentionally:
|
24 | | (1) Discharges a firearm at or into a building he or |
25 | | she knows or
reasonably
should know to be
occupied and the |
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1 | | firearm is discharged from a place or position outside
that |
2 | | building;
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3 | | (2) Discharges a firearm in the direction of another |
4 | | person or in the
direction of a vehicle he or she knows or |
5 | | reasonably should know to be
occupied by a person;
|
6 | | (3) Discharges a firearm in the direction of a person |
7 | | he or she knows
to be
a peace officer, a community policing |
8 | | volunteer, a
correctional institution employee, or a |
9 | | fireman while the officer,
volunteer,
employee or fireman |
10 | | is engaged in the execution of any of his or her
official
|
11 | | duties, or to prevent the officer, volunteer, employee or |
12 | | fireman from
performing his or her
official duties, or in |
13 | | retaliation for the officer, volunteer, employee or
|
14 | | fireman
performing his or her official duties;
|
15 | | (4) Discharges a firearm in the direction of a vehicle |
16 | | he or she knows
to be
occupied by a peace officer, a person |
17 | | summoned or directed by a peace
officer, a correctional |
18 | | institution employee or a fireman while the
officer, |
19 | | employee or fireman is engaged in the execution of any of |
20 | | his or
her
official duties, or to prevent the officer, |
21 | | employee or fireman from
performing his or her official |
22 | | duties, or in retaliation for the officer,
employee or |
23 | | fireman performing his or her official duties;
|
24 | | (5) Discharges a firearm in the direction of a person |
25 | | he or she knows
to be
emergency medical services personnel |
26 | | who is engaged in the execution of any of his or her |
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1 | | official duties,
or to
prevent the
emergency medical |
2 | | services personnel from performing his or her official |
3 | | duties, or in
retaliation
for the
emergency medical |
4 | | services personnel performing his or her official duties;
|
5 | | (6) Discharges a firearm in the direction of a vehicle |
6 | | he or she knows
to
be occupied by emergency medical |
7 | | services personnel while the
emergency medical services |
8 | | personnel is engaged in the execution of any of his or her
|
9 | | official
duties, or to prevent the
emergency medical |
10 | | services personnel from performing his or her official
|
11 | | duties, or
in retaliation for the
emergency medical |
12 | | services personnel performing his or her official duties;
|
13 | | (7) Discharges a firearm in the direction of a person |
14 | | he or she knows to
be a teacher or other person employed in |
15 | | any school and the teacher or other
employee is upon the |
16 | | grounds of a school or grounds adjacent to a school, or is
|
17 | | in any part of a building used for school purposes;
|
18 | | (8) Discharges a firearm in the direction of a person |
19 | | he or she knows to
be an emergency management worker while |
20 | | the emergency management worker is
engaged in the execution |
21 | | of any of his or her official duties, or to prevent
the |
22 | | emergency management worker from performing his or her |
23 | | official duties, or
in retaliation for the emergency |
24 | | management worker performing his or her
official duties; or
|
25 | | (9) Discharges a firearm in the direction of a vehicle |
26 | | he or she knows to
be occupied by an emergency management |
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1 | | worker while the emergency management
worker is engaged in |
2 | | the execution of any of his or her official duties, or to
|
3 | | prevent the emergency management worker from performing |
4 | | his or her official
duties, or in retaliation for the |
5 | | emergency management worker performing his or
her official |
6 | | duties ; .
|
7 | | (10) discharges a firearm in the direction of a person |
8 | | he or she knows to be a person under 18 years old; |
9 | | (11) discharges a firearm in the direction of a person |
10 | | he or she knows to be a veteran; |
11 | | (12) discharges a firearm in the direction of a person |
12 | | he or she knows to be 60 years of age or older; |
13 | | (13) discharges a firearm in the direction of a person |
14 | | he or she knows to be pregnant or has a physical |
15 | | disability; |
16 | | (14) discharges a firearm in the direction of a person |
17 | | he or she knows to be gathering for worship; |
18 | | (15) discharges a firearm in the direction of a person |
19 | | he or she knows to be boarding or riding public transit; |
20 | | (16) discharges a firearm in the direction of a person |
21 | | he or she knows to be a student at an institution of higher |
22 | | education; |
23 | | (17) discharges a firearm in the direction of a person |
24 | | who is in a public roadway, park, public housing, school, |
25 | | building under the control of the State or a unit of local |
26 | | government, church, hospital, nursing home, or any bus, |
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1 | | train, or form of transportation paid
for in whole or in |
2 | | part with public funds, or any building, real property, or |
3 | | parking area under the control of a public transportation |
4 | | facility paid for in whole or in part with public funds; or |
5 | | (18) discharges a firearm during the commission or |
6 | | attempted commission of vehicular hijacking. |
7 | | (b) A violation of subsection (a)(1) or subsection (a)(2) |
8 | | of this
Section is a Class 1 felony.
A violation of
subsection |
9 | | (a)(1) or (a)(2)
of this Section committed in a school, on the |
10 | | real property comprising a
school,
within 1,000 feet of the |
11 | | real property comprising a school, at a school related
activity |
12 | | or on or within 1,000 feet of any conveyance owned, leased, or
|
13 | | contracted by a school to transport students to or from school |
14 | | or a school
related activity, regardless of the time of day or |
15 | | time of year that the
offense was committed is a Class X |
16 | | felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), |
17 | | (a)(6), (a)(7), (a)(8), or (a)(9) , (a)(10), (a)(11), (a)(12), |
18 | | (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or (a)(18) of this |
19 | | Section is a Class
X felony for which the
sentence shall be a |
20 | | term of imprisonment of no less than 10 years and not more
than |
21 | | 45 years.
|
22 | | (c) For purposes of this Section:
|
23 | | "Emergency medical services personnel" has the meaning |
24 | | specified in Section 3.5 of the Emergency Medical Services |
25 | | (EMS) Systems Act and shall include all ambulance crew members, |
26 | | including drivers or pilots. |
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1 | | "School" means a public or private elementary or secondary |
2 | | school,
community college, college, or university.
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3 | | "School related activity" means any sporting, social, |
4 | | academic, or other
activity for which students' attendance or |
5 | | participation is sponsored,
organized, or funded in whole or in |
6 | | part by a school or school district.
|
7 | | (Source: P.A. 99-816, eff. 8-15-16.)
|
8 | | (720 ILCS 5/24-1.7) |
9 | | Sec. 24-1.7. Armed habitual criminal. |
10 | | (a) A person commits the offense of being an armed habitual
|
11 | | criminal if he or she receives, sells, possesses, or transfers
|
12 | | any firearm after having been convicted a total of 2 or more
|
13 | | times of any combination of the following offenses: |
14 | | (1) a forcible felony as defined in Section 2-8 of this |
15 | | Code; |
16 | | (2) unlawful use of a weapon by a felon; aggravated |
17 | | unlawful use of a weapon; aggravated discharge of a |
18 | | firearm; vehicular hijacking; aggravated vehicular |
19 | | hijacking; aggravated battery of a child as described in |
20 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
|
21 | | intimidation; aggravated intimidation; gunrunning; home |
22 | | invasion; or aggravated battery with a firearm as described |
23 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
24 | | (e)(4) of Section 12-3.05; or |
25 | | (3) any violation of the Illinois Controlled |
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1 | | Substances
Act or the Cannabis Control Act that is |
2 | | punishable as a Class 3
felony or higher. |
3 | | (b) Sentence. Being an armed habitual criminal is a Class X
|
4 | | felony for a first offense for which a term of imprisonment of |
5 | | not less than 10 years and not more than 30 years shall be |
6 | | imposed. A second or subsequent offense is a Class X felony for |
7 | | which a term of natural life imprisonment shall be imposed .
|
8 | | (Source: P.A. 96-1551, eff. 7-1-11 .) |
9 | | (720 ILCS 5/24-3.7) |
10 | | Sec. 24-3.7. Use of a stolen or illegally acquired firearm |
11 | | in the commission of an offense. |
12 | | (a) A person commits the offense of use of a stolen or |
13 | | illegally acquired firearm in the commission of an offense when |
14 | | he or she knowingly uses a stolen or illegally acquired firearm |
15 | | in the commission of any offense and the person knows that the |
16 | | firearm was stolen or illegally acquired . |
17 | | (b) Sentence. Use of a stolen or illegally acquired firearm |
18 | | in the commission of an offense is a Class X felony for a first |
19 | | offense for which a term of imprisonment of not less than 10 |
20 | | years shall be imposed. A second or subsequent offense is a |
21 | | Class X felony for which a term of natural life imprisonment |
22 | | shall be imposed 2 felony .
|
23 | | (c) "Illegally acquired firearm" means a firearm acquired |
24 | | in violation of Section 24-3. |
25 | | (Source: P.A. 96-190, eff. 1-1-10.) |
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1 | | Section 10. The Unified Code of Corrections is amended by |
2 | | changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows: |
3 | | (730 ILCS 5/5-4.5-110) |
4 | | (Section scheduled to be repealed on January 1, 2023) |
5 | | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH |
6 | | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. |
7 | | (a) DEFINITIONS. For the purposes of this Section: |
8 | | "Firearm" has the meaning ascribed to it in Section 1.1 |
9 | | of the Firearm Owners Identification Card Act. |
10 | | "Qualifying predicate offense" means the following |
11 | | offenses under the Criminal Code of 2012: |
12 | | (A) aggravated unlawful use of a weapon under |
13 | | Section 24-1.6 or similar offense under the Criminal |
14 | | Code of 1961, when the weapon is a firearm; |
15 | | (B) unlawful use or possession of a weapon by a |
16 | | felon under Section 24-1.1 or similar offense under the |
17 | | Criminal Code of 1961, when the
weapon is a firearm; |
18 | | (C) first degree murder under Section 9-1 or |
19 | | similar offense under the Criminal Code of 1961; |
20 | | (D) attempted first degree murder with a firearm or |
21 | | similar offense under the Criminal Code of 1961; |
22 | | (E) aggravated kidnapping with a firearm under |
23 | | paragraph (6) or (7) of subsection (a) of Section 10-2 |
24 | | or similar offense under the Criminal Code of 1961; |
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1 | | (F) aggravated battery with a firearm under |
2 | | subsection (e) of Section 12-3.05 or similar offense |
3 | | under the Criminal Code of 1961; |
4 | | (G) aggravated criminal sexual assault under |
5 | | Section 11-1.30 or similar offense under the Criminal |
6 | | Code of 1961; |
7 | | (H) predatory criminal sexual assault of a child |
8 | | under Section 11-1.40 or similar offense under the |
9 | | Criminal Code of 1961; |
10 | | (I) armed robbery under Section 18-2 or similar |
11 | | offense under the Criminal Code of 1961; |
12 | | (J) vehicular hijacking under Section 18-3 or |
13 | | similar offense under the Criminal Code of 1961; |
14 | | (K) aggravated vehicular hijacking under Section |
15 | | 18-4 or similar offense under the Criminal Code of |
16 | | 1961; |
17 | | (L) home invasion with a firearm under paragraph |
18 | | (3), (4), or (5) of subsection (a) of Section 19-6 or |
19 | | similar offense under the Criminal Code of 1961; |
20 | | (M) aggravated discharge of a firearm under |
21 | | Section 24-1.2 or similar offense under the Criminal |
22 | | Code of 1961; |
23 | | (N) aggravated discharge of a machine gun or a |
24 | | firearm equipped with a device
designed or used for |
25 | | silencing the report of a firearm under Section |
26 | | 24-1.2-5 or similar offense under the Criminal Code of |
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1 | | 1961; |
2 | | (0) unlawful use of firearm projectiles under |
3 | | Section 24-2.1 or similar offense under the Criminal |
4 | | Code of 1961; |
5 | | (P) manufacture, sale, or transfer of bullets or |
6 | | shells represented to be armor piercing
bullets, |
7 | | dragon's breath shotgun shells, bolo shells, or |
8 | | flechette shells under Section 24-2.2 or similar |
9 | | offense under the Criminal Code of 1961; |
10 | | (Q) unlawful sale or delivery of firearms under |
11 | | Section 24-3 or similar offense under the Criminal Code |
12 | | of 1961; |
13 | | (R) unlawful discharge of firearm projectiles |
14 | | under Section 24-3.2 or similar offense under the |
15 | | Criminal Code of 1961; |
16 | | (S) unlawful sale or delivery of firearms on school |
17 | | premises of any school under Section 24-3.3 or similar |
18 | | offense under the Criminal Code of 1961; |
19 | | (T) unlawful purchase of a firearm under Section |
20 | | 24-3.5 or similar offense under the Criminal Code of |
21 | | 1961; |
22 | | (U) use of a stolen or illegally acquired firearm |
23 | | in the commission of an offense under Section 24-3.7 or |
24 | | similar offense under the Criminal Code of 1961; |
25 | | (V) possession of a stolen firearm under Section |
26 | | 24-3.8 or similar offense under the Criminal Code of |
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1 | | 1961; |
2 | | (W) aggravated possession of a stolen firearm |
3 | | under Section 24-3.9 or similar offense under the |
4 | | Criminal Code of 1961; |
5 | | (X) gunrunning under Section 24-3A or similar |
6 | | offense under the Criminal Code of 1961; |
7 | | (Y) defacing identification marks of firearms |
8 | | under Section 24-5 or similar offense under the |
9 | | Criminal Code of 1961; and |
10 | | (Z) armed violence under Section 33A-2 or similar |
11 | | offense under the Criminal Code of 1961. |
12 | | (b) APPLICABILITY. For an offense committed on or after the |
13 | | effective date of this amendatory Act of the 100th General |
14 | | Assembly and before January 1, 2023, when a person is convicted |
15 | | of unlawful use or possession of a weapon by a felon, when the |
16 | | weapon is a firearm, or aggravated unlawful use of a weapon, |
17 | | when the weapon is a firearm, after being previously convicted |
18 | | of a qualifying predicate offense the person shall be subject |
19 | | to the sentencing guidelines under this Section. |
20 | | (c) SENTENCING GUIDELINES. |
21 | | (1) When a person is convicted of unlawful use or |
22 | | possession of a weapon by a felon, when the weapon is a |
23 | | firearm, and that person has been previously convicted of a |
24 | | qualifying predicate offense, the person shall be |
25 | | sentenced to a term of imprisonment within the sentencing |
26 | | range of not less than 7 years and not more than 14 years, |
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1 | | unless the court finds that a departure from the sentencing |
2 | | guidelines under this paragraph is warranted under |
3 | | subsection (d) of this Section. |
4 | | (2) When a person is convicted of aggravated unlawful |
5 | | use of a weapon, when the weapon is a firearm, and that |
6 | | person has been previously convicted of a qualifying |
7 | | predicate offense, the person shall be sentenced to a term |
8 | | of imprisonment within the sentencing range of not less |
9 | | than 6 years and not more than 7 years, unless the court |
10 | | finds that a departure from the sentencing guidelines under |
11 | | this paragraph is warranted under subsection (d) of this |
12 | | Section. |
13 | | (3) The sentencing guidelines in paragraphs (1) and (2) |
14 | | of this subsection (c) apply only to offenses committed on |
15 | | and after the effective date of this amendatory Act of the |
16 | | 100th General Assembly and before January 1, 2023. |
17 | | (d) DEPARTURE FROM SENTENCING GUIDELINES. |
18 | | (1) At the sentencing hearing conducted under Section |
19 | | 5-4-1 of this Code, the court may depart from the
|
20 | | sentencing guidelines provided in subsection (c) of this |
21 | | Section and impose a sentence
otherwise authorized by law |
22 | | for the offense if the court, after considering any factor |
23 | | under paragraph (2) of this subsection (d) relevant to the |
24 | | nature and
circumstances of the crime and to the history |
25 | | and character of the defendant, finds on the record
|
26 | | substantial and compelling justification that the sentence |
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1 | | within the sentencing guidelines would be unduly harsh and
|
2 | | that a sentence otherwise authorized by law would be |
3 | | consistent with public
safety and does not deprecate the |
4 | | seriousness of the offense. |
5 | | (2) In deciding whether to depart from the sentencing |
6 | | guidelines under this paragraph, the court shall
consider: |
7 | | (A) the age, immaturity, or limited mental |
8 | | capacity of the defendant at the time of
commission of |
9 | | the qualifying predicate or current offense, including |
10 | | whether the defendant
was suffering from a mental or |
11 | | physical condition insufficient to constitute a
|
12 | | defense but significantly reduced the defendant's |
13 | | culpability; |
14 | | (B) the nature and circumstances of the qualifying |
15 | | predicate offense; |
16 | | (C) the time elapsed since the qualifying |
17 | | predicate offense; |
18 | | (D) the nature and circumstances of the current |
19 | | offense; |
20 | | (E) the defendant's prior criminal history; |
21 | | (F) whether the defendant committed the qualifying |
22 | | predicate or current offense under
specific and |
23 | | credible duress, coercion, threat, or compulsion; |
24 | | (G) whether the defendant aided in the |
25 | | apprehension of another felon or testified
truthfully |
26 | | on behalf of another prosecution of a felony; and |
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|
1 | | (H) whether departure is in the interest of the |
2 | | person's rehabilitation, including employment or |
3 | | educational or vocational training, after taking into |
4 | | account any past rehabilitation efforts or |
5 | | dispositions of probation or supervision, and the |
6 | | defendant's cooperation or response to rehabilitation. |
7 | | (3) When departing from the sentencing guidelines |
8 | | under this Section, the court shall specify on the record, |
9 | | the particular evidence, information, factor or factors, |
10 | | or other reasons which led to the departure from the |
11 | | sentencing guidelines. When departing from the sentencing |
12 | | range in accordance with this subsection (d), the court |
13 | | shall indicate on the sentencing order which departure |
14 | | factor or factors outlined in paragraph (2) of this |
15 | | subsection (d) led to the sentence imposed. The sentencing |
16 | | order shall be filed with the clerk of the court and shall |
17 | | be a public record. |
18 | | (e) This Section is repealed on January 1, 2023.
|
19 | | (Source: P.A. 100-3, eff. 1-1-18 .)
|
20 | | (730 ILCS 5/5-5-3)
|
21 | | (Text of Section before amendment by P.A. 100-987 ) |
22 | | Sec. 5-5-3. Disposition.
|
23 | | (a) (Blank).
|
24 | | (b) (Blank).
|
25 | | (c) (1) (Blank).
|
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1 | | (2) A period of probation, a term of periodic imprisonment |
2 | | or
conditional discharge shall not be imposed for the following |
3 | | offenses.
The court shall sentence the offender to not less |
4 | | than the minimum term
of imprisonment set forth in this Code |
5 | | for the following offenses, and
may order a fine or restitution |
6 | | or both in conjunction with such term of
imprisonment:
|
7 | | (A) First degree murder where the death penalty is not |
8 | | imposed.
|
9 | | (B) Attempted first degree murder.
|
10 | | (C) A Class X felony.
|
11 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
12 | | Controlled Substances Act, or a violation of subdivision |
13 | | (c)(1.5) of
Section 401 of that Act which relates to more |
14 | | than 5 grams of a substance
containing fentanyl or an |
15 | | analog thereof.
|
16 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
17 | | of the Illinois Controlled Substances Act which relates to |
18 | | 3 or more grams of a substance
containing heroin or an |
19 | | analog thereof. |
20 | | (E) (Blank).
|
21 | | (F) A Class 1 or greater felony if the offender had |
22 | | been convicted
of a Class 1 or greater felony, including |
23 | | any state or federal conviction for an offense that |
24 | | contained, at the time it was committed, the same elements |
25 | | as an offense now (the date of the offense committed after |
26 | | the prior Class 1 or greater felony) classified as a Class |
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1 | | 1 or greater felony, within 10 years of the date on which |
2 | | the
offender
committed the offense for which he or she is |
3 | | being sentenced, except as
otherwise provided in Section |
4 | | 40-10 of the Substance Use Disorder Act.
|
5 | | (F-3) A Class 2 or greater felony sex offense or felony |
6 | | firearm offense if the offender had been convicted of a |
7 | | Class 2 or greater felony, including any state or federal |
8 | | conviction for an offense that contained, at the time it |
9 | | was committed, the same elements as an offense now (the |
10 | | date of the offense committed after the prior Class 2 or |
11 | | greater felony) classified as a Class 2 or greater felony, |
12 | | within 10 years of the date on which the offender committed |
13 | | the offense for which he or she is being sentenced, except |
14 | | as otherwise provided in Section 40-10 of the Substance Use |
15 | | Disorder Act. |
16 | | (F-5) A violation of Section 18-4, 24-1, 24-1.1, |
17 | | 24-1.2, or 24-1.6 , 24-1.7, 24-1.8, or 24-3.7 of the |
18 | | Criminal Code of 1961 or the Criminal Code of 2012 for |
19 | | which imprisonment is prescribed in those Sections. |
20 | | (G) Residential burglary, except as otherwise provided |
21 | | in Section 40-10
of the Substance Use Disorder Act.
|
22 | | (H) Criminal sexual assault.
|
23 | | (I) Aggravated battery of a senior citizen as described |
24 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
25 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
26 | | (J) A forcible felony if the offense was related to the |
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1 | | activities of an
organized gang.
|
2 | | Before July 1, 1994, for the purposes of this |
3 | | paragraph, "organized
gang" means an association of 5 or |
4 | | more persons, with an established hierarchy,
that |
5 | | encourages members of the association to perpetrate crimes |
6 | | or provides
support to the members of the association who |
7 | | do commit crimes.
|
8 | | Beginning July 1, 1994, for the purposes of this |
9 | | paragraph,
"organized gang" has the meaning ascribed to it |
10 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
11 | | Prevention Act.
|
12 | | (K) Vehicular hijacking.
|
13 | | (L) A second or subsequent conviction for the offense |
14 | | of hate crime
when the underlying offense upon which the |
15 | | hate crime is based is felony
aggravated
assault or felony |
16 | | mob action.
|
17 | | (M) A second or subsequent conviction for the offense |
18 | | of institutional
vandalism if the damage to the property |
19 | | exceeds $300.
|
20 | | (N) A Class 3 felony violation of paragraph (1) of |
21 | | subsection (a) of
Section 2 of the Firearm Owners |
22 | | Identification Card Act.
|
23 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
24 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
25 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
26 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
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1 | | Code of 1961 or the Criminal Code of 2012.
|
2 | | (Q) A violation of subsection (b) or (b-5) of Section |
3 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
4 | | Code of
1961 or the Criminal Code of 2012.
|
5 | | (R) A violation of Section 24-3A of the Criminal Code |
6 | | of
1961 or the Criminal Code of 2012.
|
7 | | (S) (Blank).
|
8 | | (T) (Blank).
|
9 | | (U) A second or subsequent violation of Section 6-303 |
10 | | of the Illinois Vehicle Code committed while his or her |
11 | | driver's license, permit, or privilege was revoked because |
12 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
13 | | or the Criminal Code of 2012, relating to the offense of |
14 | | reckless homicide, or a similar provision of a law of |
15 | | another state.
|
16 | | (V)
A violation of paragraph (4) of subsection (c) of |
17 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
18 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
19 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
20 | | Code of 2012 when the victim is under 13 years of age and |
21 | | the defendant has previously been convicted under the laws |
22 | | of this State or any other state of the offense of child |
23 | | pornography, aggravated child pornography, aggravated |
24 | | criminal sexual abuse, aggravated criminal sexual assault, |
25 | | predatory criminal sexual assault of a child, or any of the |
26 | | offenses formerly known as rape, deviate sexual assault, |
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1 | | indecent liberties with a child, or aggravated indecent |
2 | | liberties with a child where the victim was under the age |
3 | | of 18 years or an offense that is substantially equivalent |
4 | | to those offenses. |
5 | | (W) A violation of Section 24-3.5 of the Criminal Code |
6 | | of 1961 or the Criminal Code of 2012.
|
7 | | (X) A violation of subsection (a) of Section 31-1a of |
8 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
9 | | (Y) A conviction for unlawful possession of a firearm |
10 | | by a street gang member when the firearm was loaded or |
11 | | contained firearm ammunition. |
12 | | (Z) A Class 1 felony committed while he or she was |
13 | | serving a term of probation or conditional discharge for a |
14 | | felony. |
15 | | (AA) Theft of property exceeding $500,000 and not |
16 | | exceeding $1,000,000 in value. |
17 | | (BB) Laundering of criminally derived property of a |
18 | | value exceeding
$500,000. |
19 | | (CC) Knowingly selling, offering for sale, holding for |
20 | | sale, or using 2,000 or more counterfeit items or |
21 | | counterfeit items having a retail value in the aggregate of |
22 | | $500,000 or more. |
23 | | (DD) A conviction for aggravated assault under |
24 | | paragraph (6) of subsection (c) of Section 12-2 of the |
25 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
26 | | firearm is aimed toward the person against whom the firearm |
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1 | | is being used. |
2 | | (EE) A conviction for a violation of paragraph (2) of |
3 | | subsection (a) of Section 24-3B of the Criminal Code of |
4 | | 2012. |
5 | | (3) (Blank).
|
6 | | (4) A minimum term of imprisonment of not less than 10
|
7 | | consecutive days or 30 days of community service shall be |
8 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
9 | | the Illinois Vehicle Code.
|
10 | | (4.1) (Blank).
|
11 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
12 | | this subsection (c), a
minimum of
100 hours of community |
13 | | service shall be imposed for a second violation of
Section |
14 | | 6-303
of the Illinois Vehicle Code.
|
15 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
16 | | hours of community
service, as determined by the court, shall
|
17 | | be imposed for a second violation of subsection (c) of Section |
18 | | 6-303 of the
Illinois Vehicle Code.
|
19 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
20 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
21 | | 30 days or 300 hours of community service, as
determined by the |
22 | | court, shall
be imposed
for a third or subsequent violation of |
23 | | Section 6-303 of the Illinois Vehicle
Code. The court may give |
24 | | credit toward the fulfillment of community service hours for |
25 | | participation in activities and treatment as determined by |
26 | | court services.
|
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1 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
2 | | imposed for a third violation of subsection (c) of
Section |
3 | | 6-303 of the Illinois Vehicle Code.
|
4 | | (4.6) Except as provided in paragraph (4.10) of this |
5 | | subsection (c), a minimum term of imprisonment of 180 days |
6 | | shall be imposed for a
fourth or subsequent violation of |
7 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
8 | | (4.7) A minimum term of imprisonment of not less than 30 |
9 | | consecutive days, or 300 hours of community service, shall be |
10 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
11 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
12 | | that Section.
|
13 | | (4.8) A mandatory prison sentence shall be imposed for a |
14 | | second violation of subsection (a-5) of Section 6-303 of the |
15 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
16 | | Section. The person's driving privileges shall be revoked for a |
17 | | period of not less than 5 years from the date of his or her |
18 | | release from prison.
|
19 | | (4.9) A mandatory prison sentence of not less than 4 and |
20 | | not more than 15 years shall be imposed for a third violation |
21 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
22 | | Code, as provided in subsection (d-2.5) of that Section. The |
23 | | person's driving privileges shall be revoked for the remainder |
24 | | of his or her life.
|
25 | | (4.10) A mandatory prison sentence for a Class 1 felony |
26 | | shall be imposed, and the person shall be eligible for an |
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1 | | extended term sentence, for a fourth or subsequent violation of |
2 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
3 | | as provided in subsection (d-3.5) of that Section. The person's |
4 | | driving privileges shall be revoked for the remainder of his or |
5 | | her life.
|
6 | | (5) The court may sentence a corporation or unincorporated
|
7 | | association convicted of any offense to:
|
8 | | (A) a period of conditional discharge;
|
9 | | (B) a fine;
|
10 | | (C) make restitution to the victim under Section 5-5-6 |
11 | | of this Code.
|
12 | | (5.1) In addition to any other penalties imposed, and |
13 | | except as provided in paragraph (5.2) or (5.3), a person
|
14 | | convicted of violating subsection (c) of Section 11-907 of the |
15 | | Illinois
Vehicle Code shall have his or her driver's license, |
16 | | permit, or privileges
suspended for at least 90 days but not |
17 | | more than one year, if the violation
resulted in damage to the |
18 | | property of another person.
|
19 | | (5.2) In addition to any other penalties imposed, and |
20 | | except as provided in paragraph (5.3), a person convicted
of |
21 | | violating subsection (c) of Section 11-907 of the Illinois |
22 | | Vehicle Code
shall have his or her driver's license, permit, or |
23 | | privileges suspended for at
least 180 days but not more than 2 |
24 | | years, if the violation resulted in injury
to
another person.
|
25 | | (5.3) In addition to any other penalties imposed, a person |
26 | | convicted of violating subsection (c) of Section
11-907 of the |
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1 | | Illinois Vehicle Code shall have his or her driver's license,
|
2 | | permit, or privileges suspended for 2 years, if the violation |
3 | | resulted in the
death of another person.
|
4 | | (5.4) In addition to any other penalties imposed, a person |
5 | | convicted of violating Section 3-707 of the Illinois Vehicle |
6 | | Code shall have his or her driver's license, permit, or |
7 | | privileges suspended for 3 months and until he or she has paid |
8 | | a reinstatement fee of $100. |
9 | | (5.5) In addition to any other penalties imposed, a person |
10 | | convicted of violating Section 3-707 of the Illinois Vehicle |
11 | | Code during a period in which his or her driver's license, |
12 | | permit, or privileges were suspended for a previous violation |
13 | | of that Section shall have his or her driver's license, permit, |
14 | | or privileges suspended for an additional 6 months after the |
15 | | expiration of the original 3-month suspension and until he or |
16 | | she has paid a reinstatement fee of $100.
|
17 | | (6) (Blank).
|
18 | | (7) (Blank).
|
19 | | (8) (Blank).
|
20 | | (9) A defendant convicted of a second or subsequent offense |
21 | | of ritualized
abuse of a child may be sentenced to a term of |
22 | | natural life imprisonment.
|
23 | | (10) (Blank).
|
24 | | (11) The court shall impose a minimum fine of $1,000 for a |
25 | | first offense
and $2,000 for a second or subsequent offense |
26 | | upon a person convicted of or
placed on supervision for battery |
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1 | | when the individual harmed was a sports
official or coach at |
2 | | any level of competition and the act causing harm to the
sports
|
3 | | official or coach occurred within an athletic facility or |
4 | | within the immediate vicinity
of the athletic facility at which |
5 | | the sports official or coach was an active
participant
of the |
6 | | athletic contest held at the athletic facility. For the |
7 | | purposes of
this paragraph (11), "sports official" means a |
8 | | person at an athletic contest
who enforces the rules of the |
9 | | contest, such as an umpire or referee; "athletic facility" |
10 | | means an indoor or outdoor playing field or recreational area |
11 | | where sports activities are conducted;
and "coach" means a |
12 | | person recognized as a coach by the sanctioning
authority that |
13 | | conducted the sporting event. |
14 | | (12) A person may not receive a disposition of court |
15 | | supervision for a
violation of Section 5-16 of the Boat |
16 | | Registration and Safety Act if that
person has previously |
17 | | received a disposition of court supervision for a
violation of |
18 | | that Section.
|
19 | | (13) A person convicted of or placed on court supervision |
20 | | for an assault or aggravated assault when the victim and the |
21 | | offender are family or household members as defined in Section |
22 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
23 | | of domestic battery or aggravated domestic battery may be |
24 | | required to attend a Partner Abuse Intervention Program under |
25 | | protocols set forth by the Illinois Department of Human |
26 | | Services under such terms and conditions imposed by the court. |
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1 | | The costs of such classes shall be paid by the offender.
|
2 | | (d) In any case in which a sentence originally imposed is |
3 | | vacated,
the case shall be remanded to the trial court. The |
4 | | trial court shall
hold a hearing under Section 5-4-1 of this |
5 | | the Unified Code of Corrections
which may include evidence of |
6 | | the defendant's life, moral character and
occupation during the |
7 | | time since the original sentence was passed. The
trial court |
8 | | shall then impose sentence upon the defendant. The trial
court |
9 | | may impose any sentence which could have been imposed at the
|
10 | | original trial subject to Section 5-5-4 of this the Unified |
11 | | Code of Corrections .
If a sentence is vacated on appeal or on |
12 | | collateral attack due to the
failure of the trier of fact at |
13 | | trial to determine beyond a reasonable doubt
the
existence of a |
14 | | fact (other than a prior conviction) necessary to increase the
|
15 | | punishment for the offense beyond the statutory maximum |
16 | | otherwise applicable,
either the defendant may be re-sentenced |
17 | | to a term within the range otherwise
provided or, if the State |
18 | | files notice of its intention to again seek the
extended |
19 | | sentence, the defendant shall be afforded a new trial.
|
20 | | (e) In cases where prosecution for
aggravated criminal |
21 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
22 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
23 | | of a defendant
who was a family member of the victim at the |
24 | | time of the commission of the
offense, the court shall consider |
25 | | the safety and welfare of the victim and
may impose a sentence |
26 | | of probation only where:
|
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1 | | (1) the court finds (A) or (B) or both are appropriate:
|
2 | | (A) the defendant is willing to undergo a court |
3 | | approved counseling
program for a minimum duration of 2 |
4 | | years; or
|
5 | | (B) the defendant is willing to participate in a |
6 | | court approved plan
including but not limited to the |
7 | | defendant's:
|
8 | | (i) removal from the household;
|
9 | | (ii) restricted contact with the victim;
|
10 | | (iii) continued financial support of the |
11 | | family;
|
12 | | (iv) restitution for harm done to the victim; |
13 | | and
|
14 | | (v) compliance with any other measures that |
15 | | the court may
deem appropriate; and
|
16 | | (2) the court orders the defendant to pay for the |
17 | | victim's counseling
services, to the extent that the court |
18 | | finds, after considering the
defendant's income and |
19 | | assets, that the defendant is financially capable of
paying |
20 | | for such services, if the victim was under 18 years of age |
21 | | at the
time the offense was committed and requires |
22 | | counseling as a result of the
offense.
|
23 | | Probation may be revoked or modified pursuant to Section |
24 | | 5-6-4; except
where the court determines at the hearing that |
25 | | the defendant violated a
condition of his or her probation |
26 | | restricting contact with the victim or
other family members or |
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1 | | commits another offense with the victim or other
family |
2 | | members, the court shall revoke the defendant's probation and
|
3 | | impose a term of imprisonment.
|
4 | | For the purposes of this Section, "family member" and |
5 | | "victim" shall have
the meanings ascribed to them in Section |
6 | | 11-0.1 of the Criminal Code of
2012.
|
7 | | (f) (Blank).
|
8 | | (g) Whenever a defendant is convicted of an offense under |
9 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
10 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
11 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
12 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
13 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012,
the defendant shall undergo medical |
15 | | testing to
determine whether the defendant has any sexually |
16 | | transmissible disease,
including a test for infection with |
17 | | human immunodeficiency virus (HIV) or
any other identified |
18 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
19 | | Any such medical test shall be performed only by appropriately
|
20 | | licensed medical practitioners and may include an analysis of |
21 | | any bodily
fluids as well as an examination of the defendant's |
22 | | person.
Except as otherwise provided by law, the results of |
23 | | such test shall be kept
strictly confidential by all medical |
24 | | personnel involved in the testing and must
be personally |
25 | | delivered in a sealed envelope to the judge of the court in |
26 | | which
the conviction was entered for the judge's inspection in |
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1 | | camera. Acting in
accordance with the best interests of the |
2 | | victim and the public, the judge
shall have the discretion to |
3 | | determine to whom, if anyone, the results of the
testing may be |
4 | | revealed. The court shall notify the defendant
of the test |
5 | | results. The court shall
also notify the victim if requested by |
6 | | the victim, and if the victim is under
the age of 15 and if |
7 | | requested by the victim's parents or legal guardian, the
court |
8 | | shall notify the victim's parents or legal guardian of the test
|
9 | | results.
The court shall provide information on the |
10 | | availability of HIV testing
and counseling at Department of |
11 | | Public Health facilities to all parties to
whom the results of |
12 | | the testing are revealed and shall direct the State's
Attorney |
13 | | to provide the information to the victim when possible.
A |
14 | | State's Attorney may petition the court to obtain the results |
15 | | of any HIV test
administered under this Section, and the court |
16 | | shall grant the disclosure if
the State's Attorney shows it is |
17 | | relevant in order to prosecute a charge of
criminal |
18 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
20 | | defendant. The court shall order that the cost of any such test
|
21 | | shall be paid by the county and may be taxed as costs against |
22 | | the convicted
defendant.
|
23 | | (g-5) When an inmate is tested for an airborne communicable |
24 | | disease, as
determined by the Illinois Department of Public |
25 | | Health including but not
limited to tuberculosis, the results |
26 | | of the test shall be
personally delivered by the warden or his |
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1 | | or her designee in a sealed envelope
to the judge of the court |
2 | | in which the inmate must appear for the judge's
inspection in |
3 | | camera if requested by the judge. Acting in accordance with the
|
4 | | best interests of those in the courtroom, the judge shall have |
5 | | the discretion
to determine what if any precautions need to be |
6 | | taken to prevent transmission
of the disease in the courtroom.
|
7 | | (h) Whenever a defendant is convicted of an offense under |
8 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
9 | | defendant shall undergo
medical testing to determine whether |
10 | | the defendant has been exposed to human
immunodeficiency virus |
11 | | (HIV) or any other identified causative agent of
acquired |
12 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
13 | | by
law, the results of such test shall be kept strictly |
14 | | confidential by all
medical personnel involved in the testing |
15 | | and must be personally delivered in a
sealed envelope to the |
16 | | judge of the court in which the conviction was entered
for the |
17 | | judge's inspection in camera. Acting in accordance with the |
18 | | best
interests of the public, the judge shall have the |
19 | | discretion to determine to
whom, if anyone, the results of the |
20 | | testing may be revealed. The court shall
notify the defendant |
21 | | of a positive test showing an infection with the human
|
22 | | immunodeficiency virus (HIV). The court shall provide |
23 | | information on the
availability of HIV testing and counseling |
24 | | at Department of Public Health
facilities to all parties to |
25 | | whom the results of the testing are revealed and
shall direct |
26 | | the State's Attorney to provide the information to the victim |
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1 | | when
possible. A State's Attorney may petition the court to |
2 | | obtain the results of
any HIV test administered under this |
3 | | Section, and the court shall grant the
disclosure if the |
4 | | State's Attorney shows it is relevant in order to prosecute a
|
5 | | charge of criminal transmission of HIV under Section 12-5.01 or |
6 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
7 | | 2012 against the defendant. The court shall order that the cost |
8 | | of any
such test shall be paid by the county and may be taxed as |
9 | | costs against the
convicted defendant.
|
10 | | (i) All fines and penalties imposed under this Section for |
11 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
12 | | Vehicle Code, or a similar
provision of a local ordinance, and |
13 | | any violation
of the Child Passenger Protection Act, or a |
14 | | similar provision of a local
ordinance, shall be collected and |
15 | | disbursed by the circuit
clerk as provided under Section 27.5 |
16 | | of the Clerks of Courts Act.
|
17 | | (j) In cases when prosecution for any violation of Section |
18 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
19 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
20 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
21 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
22 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
23 | | Code of 2012, any violation of the Illinois Controlled |
24 | | Substances Act,
any violation of the Cannabis Control Act, or |
25 | | any violation of the Methamphetamine Control and Community |
26 | | Protection Act results in conviction, a
disposition of court |
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1 | | supervision, or an order of probation granted under
Section 10 |
2 | | of the Cannabis Control Act, Section 410 of the Illinois
|
3 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
4 | | Control and Community Protection Act of a defendant, the court |
5 | | shall determine whether the
defendant is employed by a facility |
6 | | or center as defined under the Child Care
Act of 1969, a public |
7 | | or private elementary or secondary school, or otherwise
works |
8 | | with children under 18 years of age on a daily basis. When a |
9 | | defendant
is so employed, the court shall order the Clerk of |
10 | | the Court to send a copy of
the judgment of conviction or order |
11 | | of supervision or probation to the
defendant's employer by |
12 | | certified mail.
If the employer of the defendant is a school, |
13 | | the Clerk of the Court shall
direct the mailing of a copy of |
14 | | the judgment of conviction or order of
supervision or probation |
15 | | to the appropriate regional superintendent of schools.
The |
16 | | regional superintendent of schools shall notify the State Board |
17 | | of
Education of any notification under this subsection.
|
18 | | (j-5) A defendant at least 17 years of age who is convicted |
19 | | of a felony and
who has not been previously convicted of a |
20 | | misdemeanor or felony and who is
sentenced to a term of |
21 | | imprisonment in the Illinois Department of Corrections
shall as |
22 | | a condition of his or her sentence be required by the court to |
23 | | attend
educational courses designed to prepare the defendant |
24 | | for a high school diploma
and to work toward a high school |
25 | | diploma or to work toward passing high school equivalency |
26 | | testing or to work toward
completing a vocational training |
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1 | | program offered by the Department of
Corrections. If a |
2 | | defendant fails to complete the educational training
required |
3 | | by his or her sentence during the term of incarceration, the |
4 | | Prisoner
Review Board shall, as a condition of mandatory |
5 | | supervised release, require the
defendant, at his or her own |
6 | | expense, to pursue a course of study toward a high
school |
7 | | diploma or passage of high school equivalency testing. The |
8 | | Prisoner Review Board shall
revoke the mandatory supervised |
9 | | release of a defendant who wilfully fails to
comply with this |
10 | | subsection (j-5) upon his or her release from confinement in a
|
11 | | penal institution while serving a mandatory supervised release |
12 | | term; however,
the inability of the defendant after making a |
13 | | good faith effort to obtain
financial aid or pay for the |
14 | | educational training shall not be deemed a wilful
failure to |
15 | | comply. The Prisoner Review Board shall recommit the defendant
|
16 | | whose mandatory supervised release term has been revoked under |
17 | | this subsection
(j-5) as provided in Section 3-3-9. This |
18 | | subsection (j-5) does not apply to a
defendant who has a high |
19 | | school diploma or has successfully passed high school |
20 | | equivalency testing. This subsection (j-5) does not apply to a |
21 | | defendant who is determined by
the court to be a person with a |
22 | | developmental disability or otherwise mentally incapable of
|
23 | | completing the educational or vocational program.
|
24 | | (k) (Blank).
|
25 | | (l) (A) Except as provided
in paragraph (C) of subsection |
26 | | (l), whenever a defendant,
who is an alien as defined by the |
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1 | | Immigration and Nationality Act, is convicted
of any felony or |
2 | | misdemeanor offense, the court after sentencing the defendant
|
3 | | may, upon motion of the State's Attorney, hold sentence in |
4 | | abeyance and remand
the defendant to the custody of the |
5 | | Attorney General of
the United States or his or her designated |
6 | | agent to be deported when:
|
7 | | (1) a final order of deportation has been issued |
8 | | against the defendant
pursuant to proceedings under the |
9 | | Immigration and Nationality Act, and
|
10 | | (2) the deportation of the defendant would not |
11 | | deprecate the seriousness
of the defendant's conduct and |
12 | | would not be inconsistent with the ends of
justice.
|
13 | | Otherwise, the defendant shall be sentenced as provided in |
14 | | this Chapter V.
|
15 | | (B) If the defendant has already been sentenced for a |
16 | | felony or
misdemeanor
offense, or has been placed on probation |
17 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
18 | | the Illinois Controlled Substances Act, or Section 70 of the |
19 | | Methamphetamine Control and Community Protection Act, the |
20 | | court
may, upon motion of the State's Attorney to suspend the
|
21 | | sentence imposed, commit the defendant to the custody of the |
22 | | Attorney General
of the United States or his or her designated |
23 | | agent when:
|
24 | | (1) a final order of deportation has been issued |
25 | | against the defendant
pursuant to proceedings under the |
26 | | Immigration and Nationality Act, and
|
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1 | | (2) the deportation of the defendant would not |
2 | | deprecate the seriousness
of the defendant's conduct and |
3 | | would not be inconsistent with the ends of
justice.
|
4 | | (C) This subsection (l) does not apply to offenders who are |
5 | | subject to the
provisions of paragraph (2) of subsection (a) of |
6 | | Section 3-6-3.
|
7 | | (D) Upon motion of the State's Attorney, if a defendant |
8 | | sentenced under
this Section returns to the jurisdiction of the |
9 | | United States, the defendant
shall be recommitted to the |
10 | | custody of the county from which he or she was
sentenced.
|
11 | | Thereafter, the defendant shall be brought before the |
12 | | sentencing court, which
may impose any sentence that was |
13 | | available under Section 5-5-3 at the time of
initial |
14 | | sentencing. In addition, the defendant shall not be eligible |
15 | | for
additional earned sentence credit as provided under
Section |
16 | | 3-6-3.
|
17 | | (m) A person convicted of criminal defacement of property |
18 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012, in which the property damage exceeds |
20 | | $300
and the property damaged is a school building, shall be |
21 | | ordered to perform
community service that may include cleanup, |
22 | | removal, or painting over the
defacement.
|
23 | | (n) The court may sentence a person convicted of a |
24 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
25 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
26 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
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1 | | incarceration program if the person is otherwise eligible for |
2 | | that program
under Section 5-8-1.1, (ii) to community service, |
3 | | or (iii) if the person has a substance use disorder, as defined
|
4 | | in the Substance Use Disorder Act, to a treatment program
|
5 | | licensed under that Act. |
6 | | (o) Whenever a person is convicted of a sex offense as |
7 | | defined in Section 2 of the Sex Offender Registration Act, the |
8 | | defendant's driver's license or permit shall be subject to |
9 | | renewal on an annual basis in accordance with the provisions of |
10 | | license renewal established by the Secretary of State.
|
11 | | (Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; |
12 | | 99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff. |
13 | | 1-1-19; revised 10-12-18.) |
14 | | (Text of Section after amendment by P.A. 100-987 )
|
15 | | Sec. 5-5-3. Disposition.
|
16 | | (a) (Blank).
|
17 | | (b) (Blank).
|
18 | | (c) (1) (Blank).
|
19 | | (2) A period of probation, a term of periodic imprisonment |
20 | | or
conditional discharge shall not be imposed for the following |
21 | | offenses.
The court shall sentence the offender to not less |
22 | | than the minimum term
of imprisonment set forth in this Code |
23 | | for the following offenses, and
may order a fine or restitution |
24 | | or both in conjunction with such term of
imprisonment:
|
25 | | (A) First degree murder where the death penalty is not |
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1 | | imposed.
|
2 | | (B) Attempted first degree murder.
|
3 | | (C) A Class X felony.
|
4 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
5 | | Controlled Substances Act, or a violation of subdivision |
6 | | (c)(1.5) of
Section 401 of that Act which relates to more |
7 | | than 5 grams of a substance
containing fentanyl or an |
8 | | analog thereof.
|
9 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
10 | | of the Illinois Controlled Substances Act which relates to |
11 | | 3 or more grams of a substance
containing heroin or an |
12 | | analog thereof. |
13 | | (E) (Blank).
|
14 | | (F) A Class 1 or greater felony if the offender had |
15 | | been convicted
of a Class 1 or greater felony, including |
16 | | any state or federal conviction for an offense that |
17 | | contained, at the time it was committed, the same elements |
18 | | as an offense now (the date of the offense committed after |
19 | | the prior Class 1 or greater felony) classified as a Class |
20 | | 1 or greater felony, within 10 years of the date on which |
21 | | the
offender
committed the offense for which he or she is |
22 | | being sentenced, except as
otherwise provided in Section |
23 | | 40-10 of the Substance Use Disorder Act.
|
24 | | (F-3) A Class 2 or greater felony sex offense or felony |
25 | | firearm offense if the offender had been convicted of a |
26 | | Class 2 or greater felony, including any state or federal |
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1 | | conviction for an offense that contained, at the time it |
2 | | was committed, the same elements as an offense now (the |
3 | | date of the offense committed after the prior Class 2 or |
4 | | greater felony) classified as a Class 2 or greater felony, |
5 | | within 10 years of the date on which the offender committed |
6 | | the offense for which he or she is being sentenced, except |
7 | | as otherwise provided in Section 40-10 of the Substance Use |
8 | | Disorder Act. |
9 | | (F-5) A violation of Section 18-4, 24-1, 24-1.1, |
10 | | 24-1.2, or 24-1.6 , 24-1.7, 24-1.8, or 24-3.7 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012 for |
12 | | which imprisonment is prescribed in those Sections. |
13 | | (G) Residential burglary, except as otherwise provided |
14 | | in Section 40-10
of the Substance Use Disorder Act.
|
15 | | (H) Criminal sexual assault.
|
16 | | (I) Aggravated battery of a senior citizen as described |
17 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
18 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
19 | | (J) A forcible felony if the offense was related to the |
20 | | activities of an
organized gang.
|
21 | | Before July 1, 1994, for the purposes of this |
22 | | paragraph, "organized
gang" means an association of 5 or |
23 | | more persons, with an established hierarchy,
that |
24 | | encourages members of the association to perpetrate crimes |
25 | | or provides
support to the members of the association who |
26 | | do commit crimes.
|
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1 | | Beginning July 1, 1994, for the purposes of this |
2 | | paragraph,
"organized gang" has the meaning ascribed to it |
3 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
4 | | Prevention Act.
|
5 | | (K) Vehicular hijacking.
|
6 | | (L) A second or subsequent conviction for the offense |
7 | | of hate crime
when the underlying offense upon which the |
8 | | hate crime is based is felony
aggravated
assault or felony |
9 | | mob action.
|
10 | | (M) A second or subsequent conviction for the offense |
11 | | of institutional
vandalism if the damage to the property |
12 | | exceeds $300.
|
13 | | (N) A Class 3 felony violation of paragraph (1) of |
14 | | subsection (a) of
Section 2 of the Firearm Owners |
15 | | Identification Card Act.
|
16 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
17 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
18 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
19 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
20 | | Code of 1961 or the Criminal Code of 2012.
|
21 | | (Q) A violation of subsection (b) or (b-5) of Section |
22 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
23 | | Code of
1961 or the Criminal Code of 2012.
|
24 | | (R) A violation of Section 24-3A of the Criminal Code |
25 | | of
1961 or the Criminal Code of 2012.
|
26 | | (S) (Blank).
|
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1 | | (T) (Blank).
|
2 | | (U) A second or subsequent violation of Section 6-303 |
3 | | of the Illinois Vehicle Code committed while his or her |
4 | | driver's license, permit, or privilege was revoked because |
5 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
6 | | or the Criminal Code of 2012, relating to the offense of |
7 | | reckless homicide, or a similar provision of a law of |
8 | | another state.
|
9 | | (V)
A violation of paragraph (4) of subsection (c) of |
10 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
11 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
12 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
13 | | Code of 2012 when the victim is under 13 years of age and |
14 | | the defendant has previously been convicted under the laws |
15 | | of this State or any other state of the offense of child |
16 | | pornography, aggravated child pornography, aggravated |
17 | | criminal sexual abuse, aggravated criminal sexual assault, |
18 | | predatory criminal sexual assault of a child, or any of the |
19 | | offenses formerly known as rape, deviate sexual assault, |
20 | | indecent liberties with a child, or aggravated indecent |
21 | | liberties with a child where the victim was under the age |
22 | | of 18 years or an offense that is substantially equivalent |
23 | | to those offenses. |
24 | | (W) A violation of Section 24-3.5 of the Criminal Code |
25 | | of 1961 or the Criminal Code of 2012.
|
26 | | (X) A violation of subsection (a) of Section 31-1a of |
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1 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
2 | | (Y) A conviction for unlawful possession of a firearm |
3 | | by a street gang member when the firearm was loaded or |
4 | | contained firearm ammunition. |
5 | | (Z) A Class 1 felony committed while he or she was |
6 | | serving a term of probation or conditional discharge for a |
7 | | felony. |
8 | | (AA) Theft of property exceeding $500,000 and not |
9 | | exceeding $1,000,000 in value. |
10 | | (BB) Laundering of criminally derived property of a |
11 | | value exceeding
$500,000. |
12 | | (CC) Knowingly selling, offering for sale, holding for |
13 | | sale, or using 2,000 or more counterfeit items or |
14 | | counterfeit items having a retail value in the aggregate of |
15 | | $500,000 or more. |
16 | | (DD) A conviction for aggravated assault under |
17 | | paragraph (6) of subsection (c) of Section 12-2 of the |
18 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
19 | | firearm is aimed toward the person against whom the firearm |
20 | | is being used. |
21 | | (EE) A conviction for a violation of paragraph (2) of |
22 | | subsection (a) of Section 24-3B of the Criminal Code of |
23 | | 2012. |
24 | | (3) (Blank).
|
25 | | (4) A minimum term of imprisonment of not less than 10
|
26 | | consecutive days or 30 days of community service shall be |
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1 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
2 | | the Illinois Vehicle Code.
|
3 | | (4.1) (Blank).
|
4 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
5 | | this subsection (c), a
minimum of
100 hours of community |
6 | | service shall be imposed for a second violation of
Section |
7 | | 6-303
of the Illinois Vehicle Code.
|
8 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
9 | | hours of community
service, as determined by the court, shall
|
10 | | be imposed for a second violation of subsection (c) of Section |
11 | | 6-303 of the
Illinois Vehicle Code.
|
12 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
13 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
14 | | 30 days or 300 hours of community service, as
determined by the |
15 | | court, shall
be imposed
for a third or subsequent violation of |
16 | | Section 6-303 of the Illinois Vehicle
Code. The court may give |
17 | | credit toward the fulfillment of community service hours for |
18 | | participation in activities and treatment as determined by |
19 | | court services.
|
20 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
21 | | imposed for a third violation of subsection (c) of
Section |
22 | | 6-303 of the Illinois Vehicle Code.
|
23 | | (4.6) Except as provided in paragraph (4.10) of this |
24 | | subsection (c), a minimum term of imprisonment of 180 days |
25 | | shall be imposed for a
fourth or subsequent violation of |
26 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
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1 | | (4.7) A minimum term of imprisonment of not less than 30 |
2 | | consecutive days, or 300 hours of community service, shall be |
3 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
4 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
5 | | that Section.
|
6 | | (4.8) A mandatory prison sentence shall be imposed for a |
7 | | second violation of subsection (a-5) of Section 6-303 of the |
8 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
9 | | Section. The person's driving privileges shall be revoked for a |
10 | | period of not less than 5 years from the date of his or her |
11 | | release from prison.
|
12 | | (4.9) A mandatory prison sentence of not less than 4 and |
13 | | not more than 15 years shall be imposed for a third violation |
14 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
15 | | Code, as provided in subsection (d-2.5) of that Section. The |
16 | | person's driving privileges shall be revoked for the remainder |
17 | | of his or her life.
|
18 | | (4.10) A mandatory prison sentence for a Class 1 felony |
19 | | shall be imposed, and the person shall be eligible for an |
20 | | extended term sentence, for a fourth or subsequent violation of |
21 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
22 | | as provided in subsection (d-3.5) of that Section. The person's |
23 | | driving privileges shall be revoked for the remainder of his or |
24 | | her life.
|
25 | | (5) The court may sentence a corporation or unincorporated
|
26 | | association convicted of any offense to:
|
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1 | | (A) a period of conditional discharge;
|
2 | | (B) a fine;
|
3 | | (C) make restitution to the victim under Section 5-5-6 |
4 | | of this Code.
|
5 | | (5.1) In addition to any other penalties imposed, and |
6 | | except as provided in paragraph (5.2) or (5.3), a person
|
7 | | convicted of violating subsection (c) of Section 11-907 of the |
8 | | Illinois
Vehicle Code shall have his or her driver's license, |
9 | | permit, or privileges
suspended for at least 90 days but not |
10 | | more than one year, if the violation
resulted in damage to the |
11 | | property of another person.
|
12 | | (5.2) In addition to any other penalties imposed, and |
13 | | except as provided in paragraph (5.3), a person convicted
of |
14 | | violating subsection (c) of Section 11-907 of the Illinois |
15 | | Vehicle Code
shall have his or her driver's license, permit, or |
16 | | privileges suspended for at
least 180 days but not more than 2 |
17 | | years, if the violation resulted in injury
to
another person.
|
18 | | (5.3) In addition to any other penalties imposed, a person |
19 | | convicted of violating subsection (c) of Section
11-907 of the |
20 | | Illinois Vehicle Code shall have his or her driver's license,
|
21 | | permit, or privileges suspended for 2 years, if the violation |
22 | | resulted in the
death of another person.
|
23 | | (5.4) In addition to any other penalties imposed, a person |
24 | | convicted of violating Section 3-707 of the Illinois Vehicle |
25 | | Code shall have his or her driver's license, permit, or |
26 | | privileges suspended for 3 months and until he or she has paid |
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1 | | a reinstatement fee of $100. |
2 | | (5.5) In addition to any other penalties imposed, a person |
3 | | convicted of violating Section 3-707 of the Illinois Vehicle |
4 | | Code during a period in which his or her driver's license, |
5 | | permit, or privileges were suspended for a previous violation |
6 | | of that Section shall have his or her driver's license, permit, |
7 | | or privileges suspended for an additional 6 months after the |
8 | | expiration of the original 3-month suspension and until he or |
9 | | she has paid a reinstatement fee of $100.
|
10 | | (6) (Blank).
|
11 | | (7) (Blank).
|
12 | | (8) (Blank).
|
13 | | (9) A defendant convicted of a second or subsequent offense |
14 | | of ritualized
abuse of a child may be sentenced to a term of |
15 | | natural life imprisonment.
|
16 | | (10) (Blank).
|
17 | | (11) The court shall impose a minimum fine of $1,000 for a |
18 | | first offense
and $2,000 for a second or subsequent offense |
19 | | upon a person convicted of or
placed on supervision for battery |
20 | | when the individual harmed was a sports
official or coach at |
21 | | any level of competition and the act causing harm to the
sports
|
22 | | official or coach occurred within an athletic facility or |
23 | | within the immediate vicinity
of the athletic facility at which |
24 | | the sports official or coach was an active
participant
of the |
25 | | athletic contest held at the athletic facility. For the |
26 | | purposes of
this paragraph (11), "sports official" means a |
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1 | | person at an athletic contest
who enforces the rules of the |
2 | | contest, such as an umpire or referee; "athletic facility" |
3 | | means an indoor or outdoor playing field or recreational area |
4 | | where sports activities are conducted;
and "coach" means a |
5 | | person recognized as a coach by the sanctioning
authority that |
6 | | conducted the sporting event. |
7 | | (12) A person may not receive a disposition of court |
8 | | supervision for a
violation of Section 5-16 of the Boat |
9 | | Registration and Safety Act if that
person has previously |
10 | | received a disposition of court supervision for a
violation of |
11 | | that Section.
|
12 | | (13) A person convicted of or placed on court supervision |
13 | | for an assault or aggravated assault when the victim and the |
14 | | offender are family or household members as defined in Section |
15 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
16 | | of domestic battery or aggravated domestic battery may be |
17 | | required to attend a Partner Abuse Intervention Program under |
18 | | protocols set forth by the Illinois Department of Human |
19 | | Services under such terms and conditions imposed by the court. |
20 | | The costs of such classes shall be paid by the offender.
|
21 | | (d) In any case in which a sentence originally imposed is |
22 | | vacated,
the case shall be remanded to the trial court. The |
23 | | trial court shall
hold a hearing under Section 5-4-1 of this |
24 | | the Unified Code of Corrections
which may include evidence of |
25 | | the defendant's life, moral character and
occupation during the |
26 | | time since the original sentence was passed. The
trial court |
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1 | | shall then impose sentence upon the defendant. The trial
court |
2 | | may impose any sentence which could have been imposed at the
|
3 | | original trial subject to Section 5-5-4 of this the Unified |
4 | | Code of Corrections .
If a sentence is vacated on appeal or on |
5 | | collateral attack due to the
failure of the trier of fact at |
6 | | trial to determine beyond a reasonable doubt
the
existence of a |
7 | | fact (other than a prior conviction) necessary to increase the
|
8 | | punishment for the offense beyond the statutory maximum |
9 | | otherwise applicable,
either the defendant may be re-sentenced |
10 | | to a term within the range otherwise
provided or, if the State |
11 | | files notice of its intention to again seek the
extended |
12 | | sentence, the defendant shall be afforded a new trial.
|
13 | | (e) In cases where prosecution for
aggravated criminal |
14 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
15 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
16 | | of a defendant
who was a family member of the victim at the |
17 | | time of the commission of the
offense, the court shall consider |
18 | | the safety and welfare of the victim and
may impose a sentence |
19 | | of probation only where:
|
20 | | (1) the court finds (A) or (B) or both are appropriate:
|
21 | | (A) the defendant is willing to undergo a court |
22 | | approved counseling
program for a minimum duration of 2 |
23 | | years; or
|
24 | | (B) the defendant is willing to participate in a |
25 | | court approved plan
including but not limited to the |
26 | | defendant's:
|
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1 | | (i) removal from the household;
|
2 | | (ii) restricted contact with the victim;
|
3 | | (iii) continued financial support of the |
4 | | family;
|
5 | | (iv) restitution for harm done to the victim; |
6 | | and
|
7 | | (v) compliance with any other measures that |
8 | | the court may
deem appropriate; and
|
9 | | (2) the court orders the defendant to pay for the |
10 | | victim's counseling
services, to the extent that the court |
11 | | finds, after considering the
defendant's income and |
12 | | assets, that the defendant is financially capable of
paying |
13 | | for such services, if the victim was under 18 years of age |
14 | | at the
time the offense was committed and requires |
15 | | counseling as a result of the
offense.
|
16 | | Probation may be revoked or modified pursuant to Section |
17 | | 5-6-4; except
where the court determines at the hearing that |
18 | | the defendant violated a
condition of his or her probation |
19 | | restricting contact with the victim or
other family members or |
20 | | commits another offense with the victim or other
family |
21 | | members, the court shall revoke the defendant's probation and
|
22 | | impose a term of imprisonment.
|
23 | | For the purposes of this Section, "family member" and |
24 | | "victim" shall have
the meanings ascribed to them in Section |
25 | | 11-0.1 of the Criminal Code of
2012.
|
26 | | (f) (Blank).
|
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1 | | (g) Whenever a defendant is convicted of an offense under |
2 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
3 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
4 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
5 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
6 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
7 | | Criminal Code of 2012,
the defendant shall undergo medical |
8 | | testing to
determine whether the defendant has any sexually |
9 | | transmissible disease,
including a test for infection with |
10 | | human immunodeficiency virus (HIV) or
any other identified |
11 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
12 | | Any such medical test shall be performed only by appropriately
|
13 | | licensed medical practitioners and may include an analysis of |
14 | | any bodily
fluids as well as an examination of the defendant's |
15 | | person.
Except as otherwise provided by law, the results of |
16 | | such test shall be kept
strictly confidential by all medical |
17 | | personnel involved in the testing and must
be personally |
18 | | delivered in a sealed envelope to the judge of the court in |
19 | | which
the conviction was entered for the judge's inspection in |
20 | | camera. Acting in
accordance with the best interests of the |
21 | | victim and the public, the judge
shall have the discretion to |
22 | | determine to whom, if anyone, the results of the
testing may be |
23 | | revealed. The court shall notify the defendant
of the test |
24 | | results. The court shall
also notify the victim if requested by |
25 | | the victim, and if the victim is under
the age of 15 and if |
26 | | requested by the victim's parents or legal guardian, the
court |
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1 | | shall notify the victim's parents or legal guardian of the test
|
2 | | results.
The court shall provide information on the |
3 | | availability of HIV testing
and counseling at Department of |
4 | | Public Health facilities to all parties to
whom the results of |
5 | | the testing are revealed and shall direct the State's
Attorney |
6 | | to provide the information to the victim when possible.
A |
7 | | State's Attorney may petition the court to obtain the results |
8 | | of any HIV test
administered under this Section, and the court |
9 | | shall grant the disclosure if
the State's Attorney shows it is |
10 | | relevant in order to prosecute a charge of
criminal |
11 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
13 | | defendant. The court shall order that the cost of any such test
|
14 | | shall be paid by the county and may be taxed as costs against |
15 | | the convicted
defendant.
|
16 | | (g-5) When an inmate is tested for an airborne communicable |
17 | | disease, as
determined by the Illinois Department of Public |
18 | | Health including but not
limited to tuberculosis, the results |
19 | | of the test shall be
personally delivered by the warden or his |
20 | | or her designee in a sealed envelope
to the judge of the court |
21 | | in which the inmate must appear for the judge's
inspection in |
22 | | camera if requested by the judge. Acting in accordance with the
|
23 | | best interests of those in the courtroom, the judge shall have |
24 | | the discretion
to determine what if any precautions need to be |
25 | | taken to prevent transmission
of the disease in the courtroom.
|
26 | | (h) Whenever a defendant is convicted of an offense under |
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1 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
2 | | defendant shall undergo
medical testing to determine whether |
3 | | the defendant has been exposed to human
immunodeficiency virus |
4 | | (HIV) or any other identified causative agent of
acquired |
5 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
6 | | by
law, the results of such test shall be kept strictly |
7 | | confidential by all
medical personnel involved in the testing |
8 | | and must be personally delivered in a
sealed envelope to the |
9 | | judge of the court in which the conviction was entered
for the |
10 | | judge's inspection in camera. Acting in accordance with the |
11 | | best
interests of the public, the judge shall have the |
12 | | discretion to determine to
whom, if anyone, the results of the |
13 | | testing may be revealed. The court shall
notify the defendant |
14 | | of a positive test showing an infection with the human
|
15 | | immunodeficiency virus (HIV). The court shall provide |
16 | | information on the
availability of HIV testing and counseling |
17 | | at Department of Public Health
facilities to all parties to |
18 | | whom the results of the testing are revealed and
shall direct |
19 | | the State's Attorney to provide the information to the victim |
20 | | when
possible. A State's Attorney may petition the court to |
21 | | obtain the results of
any HIV test administered under this |
22 | | Section, and the court shall grant the
disclosure if the |
23 | | State's Attorney shows it is relevant in order to prosecute a
|
24 | | charge of criminal transmission of HIV under Section 12-5.01 or |
25 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
26 | | 2012 against the defendant. The court shall order that the cost |
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1 | | of any
such test shall be paid by the county and may be taxed as |
2 | | costs against the
convicted defendant.
|
3 | | (i) All fines and penalties imposed under this Section for |
4 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
5 | | Vehicle Code, or a similar
provision of a local ordinance, and |
6 | | any violation
of the Child Passenger Protection Act, or a |
7 | | similar provision of a local
ordinance, shall be collected and |
8 | | disbursed by the circuit
clerk as provided under the Criminal |
9 | | and Traffic Assessment Act.
|
10 | | (j) In cases when prosecution for any violation of Section |
11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
12 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
13 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
14 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
15 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
16 | | Code of 2012, any violation of the Illinois Controlled |
17 | | Substances Act,
any violation of the Cannabis Control Act, or |
18 | | any violation of the Methamphetamine Control and Community |
19 | | Protection Act results in conviction, a
disposition of court |
20 | | supervision, or an order of probation granted under
Section 10 |
21 | | of the Cannabis Control Act, Section 410 of the Illinois
|
22 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
23 | | Control and Community Protection Act of a defendant, the court |
24 | | shall determine whether the
defendant is employed by a facility |
25 | | or center as defined under the Child Care
Act of 1969, a public |
26 | | or private elementary or secondary school, or otherwise
works |
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1 | | with children under 18 years of age on a daily basis. When a |
2 | | defendant
is so employed, the court shall order the Clerk of |
3 | | the Court to send a copy of
the judgment of conviction or order |
4 | | of supervision or probation to the
defendant's employer by |
5 | | certified mail.
If the employer of the defendant is a school, |
6 | | the Clerk of the Court shall
direct the mailing of a copy of |
7 | | the judgment of conviction or order of
supervision or probation |
8 | | to the appropriate regional superintendent of schools.
The |
9 | | regional superintendent of schools shall notify the State Board |
10 | | of
Education of any notification under this subsection.
|
11 | | (j-5) A defendant at least 17 years of age who is convicted |
12 | | of a felony and
who has not been previously convicted of a |
13 | | misdemeanor or felony and who is
sentenced to a term of |
14 | | imprisonment in the Illinois Department of Corrections
shall as |
15 | | a condition of his or her sentence be required by the court to |
16 | | attend
educational courses designed to prepare the defendant |
17 | | for a high school diploma
and to work toward a high school |
18 | | diploma or to work toward passing high school equivalency |
19 | | testing or to work toward
completing a vocational training |
20 | | program offered by the Department of
Corrections. If a |
21 | | defendant fails to complete the educational training
required |
22 | | by his or her sentence during the term of incarceration, the |
23 | | Prisoner
Review Board shall, as a condition of mandatory |
24 | | supervised release, require the
defendant, at his or her own |
25 | | expense, to pursue a course of study toward a high
school |
26 | | diploma or passage of high school equivalency testing. The |
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1 | | Prisoner Review Board shall
revoke the mandatory supervised |
2 | | release of a defendant who wilfully fails to
comply with this |
3 | | subsection (j-5) upon his or her release from confinement in a
|
4 | | penal institution while serving a mandatory supervised release |
5 | | term; however,
the inability of the defendant after making a |
6 | | good faith effort to obtain
financial aid or pay for the |
7 | | educational training shall not be deemed a wilful
failure to |
8 | | comply. The Prisoner Review Board shall recommit the defendant
|
9 | | whose mandatory supervised release term has been revoked under |
10 | | this subsection
(j-5) as provided in Section 3-3-9. This |
11 | | subsection (j-5) does not apply to a
defendant who has a high |
12 | | school diploma or has successfully passed high school |
13 | | equivalency testing. This subsection (j-5) does not apply to a |
14 | | defendant who is determined by
the court to be a person with a |
15 | | developmental disability or otherwise mentally incapable of
|
16 | | completing the educational or vocational program.
|
17 | | (k) (Blank).
|
18 | | (l) (A) Except as provided
in paragraph (C) of subsection |
19 | | (l), whenever a defendant,
who is an alien as defined by the |
20 | | Immigration and Nationality Act, is convicted
of any felony or |
21 | | misdemeanor offense, the court after sentencing the defendant
|
22 | | may, upon motion of the State's Attorney, hold sentence in |
23 | | abeyance and remand
the defendant to the custody of the |
24 | | Attorney General of
the United States or his or her designated |
25 | | agent to be deported when:
|
26 | | (1) a final order of deportation has been issued |
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1 | | against the defendant
pursuant to proceedings under the |
2 | | Immigration and Nationality Act, and
|
3 | | (2) the deportation of the defendant would not |
4 | | deprecate the seriousness
of the defendant's conduct and |
5 | | would not be inconsistent with the ends of
justice.
|
6 | | Otherwise, the defendant shall be sentenced as provided in |
7 | | this Chapter V.
|
8 | | (B) If the defendant has already been sentenced for a |
9 | | felony or
misdemeanor
offense, or has been placed on probation |
10 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
11 | | the Illinois Controlled Substances Act, or Section 70 of the |
12 | | Methamphetamine Control and Community Protection Act, the |
13 | | court
may, upon motion of the State's Attorney to suspend the
|
14 | | sentence imposed, commit the defendant to the custody of the |
15 | | Attorney General
of the United States or his or her designated |
16 | | agent when:
|
17 | | (1) a final order of deportation has been issued |
18 | | against the defendant
pursuant to proceedings under the |
19 | | Immigration and Nationality Act, and
|
20 | | (2) the deportation of the defendant would not |
21 | | deprecate the seriousness
of the defendant's conduct and |
22 | | would not be inconsistent with the ends of
justice.
|
23 | | (C) This subsection (l) does not apply to offenders who are |
24 | | subject to the
provisions of paragraph (2) of subsection (a) of |
25 | | Section 3-6-3.
|
26 | | (D) Upon motion of the State's Attorney, if a defendant |
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1 | | sentenced under
this Section returns to the jurisdiction of the |
2 | | United States, the defendant
shall be recommitted to the |
3 | | custody of the county from which he or she was
sentenced.
|
4 | | Thereafter, the defendant shall be brought before the |
5 | | sentencing court, which
may impose any sentence that was |
6 | | available under Section 5-5-3 at the time of
initial |
7 | | sentencing. In addition, the defendant shall not be eligible |
8 | | for
additional earned sentence credit as provided under
Section |
9 | | 3-6-3.
|
10 | | (m) A person convicted of criminal defacement of property |
11 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
12 | | Criminal Code of 2012, in which the property damage exceeds |
13 | | $300
and the property damaged is a school building, shall be |
14 | | ordered to perform
community service that may include cleanup, |
15 | | removal, or painting over the
defacement.
|
16 | | (n) The court may sentence a person convicted of a |
17 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
18 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
19 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
20 | | incarceration program if the person is otherwise eligible for |
21 | | that program
under Section 5-8-1.1, (ii) to community service, |
22 | | or (iii) if the person has a substance use disorder, as defined
|
23 | | in the Substance Use Disorder Act, to a treatment program
|
24 | | licensed under that Act. |
25 | | (o) Whenever a person is convicted of a sex offense as |
26 | | defined in Section 2 of the Sex Offender Registration Act, the |
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1 | | defendant's driver's license or permit shall be subject to |
2 | | renewal on an annual basis in accordance with the provisions of |
3 | | license renewal established by the Secretary of State.
|
4 | | (Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; |
5 | | 99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff. |
6 | | 1-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)
|
7 | | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
8 | | Sec. 5-8-4. Concurrent and consecutive terms of |
9 | | imprisonment.
|
10 | | (a) Concurrent terms; multiple or additional sentences. |
11 | | When an Illinois court (i) imposes multiple sentences of |
12 | | imprisonment on a defendant at the same time or (ii) imposes a |
13 | | sentence of imprisonment on a defendant who is already subject |
14 | | to a sentence of imprisonment imposed by an Illinois court, a |
15 | | court of another state, or a federal court, then the sentences |
16 | | shall run concurrently unless otherwise determined by the |
17 | | Illinois court under this Section. |
18 | | (b) Concurrent terms; misdemeanor and felony. A defendant |
19 | | serving a sentence for a
misdemeanor who is convicted of a |
20 | | felony and sentenced to imprisonment shall be transferred to |
21 | | the Department of Corrections, and the misdemeanor sentence |
22 | | shall be merged in and run concurrently with the felony |
23 | | sentence. |
24 | | (c) Consecutive terms; permissive. The court may impose |
25 | | consecutive sentences in any of the following circumstances: |
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1 | | (1) If, having regard to the nature and circumstances |
2 | | of the offense and the history
and character of the |
3 | | defendant, it is the opinion of the court that consecutive |
4 | | sentences are
required to protect the public from further |
5 | | criminal conduct by the defendant, the basis for which the |
6 | | court shall set forth in the record. |
7 | | (2) If one of the offenses for which a defendant was |
8 | | convicted was a violation of
Section 32-5.2 (aggravated |
9 | | false personation of a peace officer) of the Criminal Code |
10 | | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision |
11 | | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of |
12 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the |
13 | | offense was committed in attempting or committing a |
14 | | forcible felony.
|
15 | | (d) Consecutive terms; mandatory. The court shall impose |
16 | | consecutive sentences in each of the following circumstances: |
17 | | (1) One of the offenses for which the defendant was |
18 | | convicted was first degree
murder or a Class X or Class 1 |
19 | | felony and the defendant inflicted severe bodily injury. |
20 | | (2) The defendant was convicted of a violation of |
21 | | Section 11-1.20 or 12-13 (criminal sexual
assault), |
22 | | 11-1.30 or 12-14 (aggravated criminal sexual assault), or |
23 | | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a |
24 | | child) of the Criminal Code of 1961 or the Criminal Code of |
25 | | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, |
26 | | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or |
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1 | | 5/12-14.1). |
2 | | (2.5) The defendant was convicted of a violation of |
3 | | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) |
4 | | of Section 11-20.1 (child pornography) or of paragraph (1), |
5 | | (2), (3), (4), (5), or (7) of subsection (a) of Section |
6 | | 11-20.1B or 11-20.3 (aggravated child pornography) of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012; or the |
8 | | defendant was convicted of a violation of paragraph (6) of |
9 | | subsection (a) of Section 11-20.1 (child pornography) or of |
10 | | paragraph (6) of subsection (a) of Section 11-20.1B or |
11 | | 11-20.3 (aggravated child pornography) of the Criminal |
12 | | Code of 1961 or the Criminal Code of 2012, when the child |
13 | | depicted is under the age of 13. |
14 | | (3) The defendant was convicted of armed violence based |
15 | | upon the predicate
offense of any of the following: |
16 | | solicitation of murder, solicitation of murder for hire, |
17 | | heinous battery as described in Section 12-4.1 or |
18 | | subdivision (a)(2) of Section 12-3.05, aggravated battery |
19 | | of a senior citizen as described in Section 12-4.6 or |
20 | | subdivision (a)(4) of Section 12-3.05, criminal sexual |
21 | | assault, a violation of subsection (g) of Section 5 of the |
22 | | Cannabis Control Act (720 ILCS 550/5), cannabis |
23 | | trafficking, a violation of subsection (a) of Section 401 |
24 | | of the Illinois Controlled Substances Act (720 ILCS |
25 | | 570/401), controlled substance trafficking involving a |
26 | | Class X felony amount of controlled substance under Section |
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1 | | 401 of the Illinois Controlled Substances Act (720 ILCS |
2 | | 570/401), a violation of the Methamphetamine Control and |
3 | | Community Protection Act (720 ILCS 646/), calculated |
4 | | criminal drug conspiracy, or streetgang criminal drug |
5 | | conspiracy. |
6 | | (4) The defendant was convicted of the offense of |
7 | | leaving the scene of a motor
vehicle accident involving |
8 | | death or personal injuries under Section 11-401 of the |
9 | | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) |
10 | | aggravated driving under the influence of alcohol, other |
11 | | drug or drugs, or intoxicating compound or compounds, or |
12 | | any combination thereof under Section 11-501 of the |
13 | | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless |
14 | | homicide under Section 9-3 of the Criminal Code of 1961 or |
15 | | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an |
16 | | offense described in item (A) and an offense described in |
17 | | item (B). |
18 | | (5) The defendant was convicted of a violation of |
19 | | Section 9-3.1 or Section 9-3.4 (concealment of homicidal |
20 | | death) or Section 12-20.5 (dismembering a human body) of |
21 | | the Criminal Code of 1961 or the Criminal Code of 2012 (720 |
22 | | ILCS 5/9-3.1 or 5/12-20.5). |
23 | | (5.5) The defendant was convicted of a violation of |
24 | | Section 24-3.7 (use of a stolen or illegally acquired |
25 | | firearm in the commission of an offense) of the Criminal |
26 | | Code of 1961 or the Criminal Code of 2012. |
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1 | | (6) If the defendant was in the custody of the |
2 | | Department of Corrections at the
time of the commission of |
3 | | the offense, the sentence shall be served consecutive to |
4 | | the sentence under which the defendant is held by the |
5 | | Department of Corrections. If, however, the defendant is |
6 | | sentenced to punishment by death, the sentence shall be |
7 | | executed at such time as the court may fix without regard |
8 | | to the sentence under which the defendant may be held by |
9 | | the Department. |
10 | | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) |
11 | | for escape or attempted escape shall be served
consecutive |
12 | | to the terms under which the offender is held by the |
13 | | Department of Corrections. |
14 | | (8) If a person charged with a felony commits a |
15 | | separate felony while on pretrial
release or in pretrial |
16 | | detention in a county jail facility or county detention |
17 | | facility, then the sentences imposed upon conviction of |
18 | | these felonies shall be served consecutively regardless of |
19 | | the order in which the judgments of conviction are entered. |
20 | | (8.5) If a person commits a battery against a county |
21 | | correctional officer or sheriff's employee while serving a |
22 | | sentence or in pretrial detention in a county jail |
23 | | facility, then the sentence imposed upon conviction of the |
24 | | battery shall be served consecutively with the sentence |
25 | | imposed upon conviction of the earlier misdemeanor or |
26 | | felony, regardless of the order in which the
judgments of |
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1 | | conviction are entered. |
2 | | (9) If a person admitted to bail following conviction |
3 | | of a felony commits a
separate felony while free on bond or |
4 | | if a person detained in a county jail facility or county |
5 | | detention facility following conviction of a felony |
6 | | commits a separate felony while in detention, then any |
7 | | sentence following conviction of the separate felony shall |
8 | | be consecutive to that of the original sentence for which |
9 | | the defendant was on bond or detained.
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10 | | (10) If a person is found to be in possession of an |
11 | | item of contraband, as defined in Section 31A-0.1 of the |
12 | | Criminal Code of 2012, while serving a sentence in a county |
13 | | jail or while in pre-trial detention in a county jail, the |
14 | | sentence imposed upon conviction for the offense of |
15 | | possessing contraband in a penal institution shall be |
16 | | served consecutively to the sentence imposed for the |
17 | | offense in which the person is serving sentence in the |
18 | | county jail or serving pretrial detention, regardless of |
19 | | the order in which the judgments of conviction are entered. |
20 | | (11) If a person is sentenced for a violation of bail |
21 | | bond under Section 32-10 of the Criminal Code of 1961 or |
22 | | the Criminal Code of 2012, any sentence imposed for that |
23 | | violation shall be served
consecutive to the sentence |
24 | | imposed for the charge for which bail had been
granted and |
25 | | with respect to which the defendant has been convicted. |
26 | | (e) Consecutive terms; subsequent non-Illinois term. If an |
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1 | | Illinois court has imposed a
sentence of imprisonment on a |
2 | | defendant and the defendant is subsequently sentenced to a term |
3 | | of imprisonment by a court of another state or a federal court, |
4 | | then the Illinois sentence shall run consecutively to the |
5 | | sentence imposed by the court of the other state or the federal |
6 | | court. That same Illinois court, however, may order that the |
7 | | Illinois sentence run concurrently with the sentence imposed by |
8 | | the court of the other state or the federal court, but only if |
9 | | the defendant applies to that same Illinois court within 30 |
10 | | days after the sentence imposed by the court of the other state |
11 | | or the federal court is finalized. |
12 | | (f) Consecutive terms; aggregate maximums and minimums. |
13 | | The aggregate maximum
and aggregate minimum of consecutive |
14 | | sentences shall be determined as follows: |
15 | | (1) For sentences imposed under law in effect prior to |
16 | | February 1, 1978, the
aggregate maximum of consecutive |
17 | | sentences shall not exceed the maximum term authorized |
18 | | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of |
19 | | Chapter V for the 2 most serious felonies involved. The |
20 | | aggregate minimum period of consecutive sentences shall |
21 | | not exceed the highest minimum term authorized under |
22 | | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter |
23 | | V for the 2 most serious felonies involved. When sentenced |
24 | | only for misdemeanors, a defendant shall not be |
25 | | consecutively sentenced to more than the maximum for one |
26 | | Class A misdemeanor. |
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1 | | (2) For sentences imposed under the law in effect on or |
2 | | after February 1, 1978,
the aggregate of consecutive |
3 | | sentences for offenses that were committed as part of a |
4 | | single
course of conduct during which there was no |
5 | | substantial change in the nature of the criminal objective |
6 | | shall not exceed the sum of the maximum terms authorized |
7 | | under Article 4.5 of Chapter V for the 2 most serious |
8 | | felonies involved, but no such limitation shall apply for |
9 | | offenses that were not committed as part of a single course |
10 | | of conduct during which there was no substantial change in |
11 | | the nature of the criminal objective. When sentenced only |
12 | | for misdemeanors, a defendant shall not be consecutively |
13 | | sentenced to more than the maximum for one Class A |
14 | | misdemeanor.
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15 | | (g) Consecutive terms; manner served. In determining the |
16 | | manner in which consecutive sentences of imprisonment, one or |
17 | | more of which is for a felony, will be served, the Department |
18 | | of Corrections shall treat the defendant as though he or she |
19 | | had been committed for a single term subject to each of the |
20 | | following: |
21 | | (1) The maximum period of a term of imprisonment shall |
22 | | consist of the aggregate
of the maximums of the imposed |
23 | | indeterminate terms, if any, plus the aggregate of the |
24 | | imposed determinate sentences for felonies, plus the |
25 | | aggregate of the imposed determinate sentences for |
26 | | misdemeanors, subject to subsection (f) of this Section. |
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1 | | (2) The parole or mandatory supervised release term |
2 | | shall be as provided in
paragraph (e) of Section 5-4.5-50 |
3 | | (730 ILCS 5/5-4.5-50) for the most serious of the offenses |
4 | | involved. |
5 | | (3) The minimum period of imprisonment shall be the |
6 | | aggregate of the minimum
and determinate periods of |
7 | | imprisonment imposed by the court, subject to subsection |
8 | | (f) of this Section. |
9 | | (4) The defendant shall be awarded credit against the |
10 | | aggregate maximum term
and the aggregate minimum term of |
11 | | imprisonment for all time served in an institution since |
12 | | the commission of the offense or offenses and as a |
13 | | consequence thereof at the rate specified in
Section 3-6-3 |
14 | | (730 ILCS 5/3-6-3).
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15 | | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; |
16 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. |
17 | | 1-1-14.) |
18 | | Section 95. No acceleration or delay. Where this Act makes |
19 | | changes in a statute that is represented in this Act by text |
20 | | that is not yet or no longer in effect (for example, a Section |
21 | | represented by multiple versions), the use of that text does |
22 | | not accelerate or delay the taking effect of (i) the changes |
23 | | made by this Act or (ii) provisions derived from any other |
24 | | Public Act.".
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