Sen. Chapin Rose

Filed: 4/5/2019

 

 


 

 


 
10100SB0901sam001LRB101 06315 SLF 59359 a

1
AMENDMENT TO SENATE BILL 901

2    AMENDMENT NO. ______. Amend Senate Bill 901 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as
6follows:
 
7    (720 ILCS 5/18-4)
8    Sec. 18-4. Aggravated vehicular hijacking.
9    (a) A person commits aggravated vehicular hijacking when he
10or she violates Section 18-3; and
11        (1) the person from whose immediate presence the motor
12    vehicle is taken is a person with a physical disability or
13    a person 60 years of age or over; or
14        (2) a person under 16 years of age is a passenger in
15    the motor vehicle at the time of the offense; or
16        (3) he or she carries on or about his or her person, or

 

 

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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
12felony for a first offense for which a term of imprisonment of
13not less than 10 years and not more than 60 years shall be
14imposed. A second or subsequent offense is a Class X felony for
15which a term of natural life imprisonment shall be imposed in
16violation of subsections (a)(1) or (a)(2) is a Class X felony.
17A violation of subsection (a)(3) is a Class X felony for which
18a term of imprisonment of not less than 7 years shall be
19imposed. A violation of subsection (a)(4) is a Class X felony
20for which 15 years shall be added to the term of imprisonment
21imposed by the court. A violation of subsection (a)(5) is a
22Class X felony for which 20 years shall be added to the term of
23imprisonment 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
25natural life shall be added to the term of imprisonment imposed
26by 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
4felons or persons in the custody of the Department of
5Corrections facilities.
6    (a) It is unlawful for a person to knowingly possess on or
7about his person or on his land or in his own abode or fixed
8place of business any weapon prohibited under Section 24-1 of
9this Act or any firearm or any firearm ammunition if the person
10has been convicted of a felony under the laws of this State or
11any other jurisdiction. This Section shall not apply if the
12person has been granted relief by the Director of the
13Department of State Police under Section 10 of the Firearm
14Owners Identification Card Act.
15    (b) It is unlawful for any person confined in a penal
16institution, which is a facility of the Illinois Department of
17Corrections, to possess any weapon prohibited under Section
1824-1 of this Code or any firearm or firearm ammunition,
19regardless of the intent with which he possesses it.
20    (c) It shall be an affirmative defense to a violation of
21subsection (b), that such possession was specifically
22authorized by rule, regulation, or directive of the Illinois
23Department of Corrections or order issued pursuant thereto.
24    (d) The defense of necessity is not available to a person
25who is charged with a violation of subsection (b) of this

 

 

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1Section.
2    (e) Sentence. Violation of this Section is a Class X felony
3for a first offense for which a term of imprisonment of not
4less than 10 years shall be imposed. A second or subsequent
5offense is a Class X felony for which a term of natural life
6imprisonment shall be imposed by a person not confined in a
7penal institution shall be a Class 3 felony for which the
8person shall be sentenced to no less than 2 years and no more
9than 10 years. A second or subsequent violation of this Section
10shall be a Class 2 felony for which the person shall be
11sentenced to a term of imprisonment of not less than 3 years
12and not more than 14 years, except as provided for in Section
135-4.5-110 of the Unified Code of Corrections. Violation of this
14Section by a person not confined in a penal institution who has
15been convicted of a forcible felony, a felony violation of
16Article 24 of this Code or of the Firearm Owners Identification
17Card Act, stalking or aggravated stalking, or a Class 2 or
18greater felony under the Illinois Controlled Substances Act,
19the Cannabis Control Act, or the Methamphetamine Control and
20Community Protection Act is a Class 2 felony for which the
21person shall be sentenced to not less than 3 years and not more
22than 14 years, except as provided for in Section 5-4.5-110 of
23the Unified Code of Corrections. Violation of this Section by a
24person who is on parole or mandatory supervised release is a
25Class 2 felony for which the person shall be sentenced to not
26less than 3 years and not more than 14 years, except as

 

 

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1provided for in Section 5-4.5-110 of the Unified Code of
2Corrections. Violation of this Section by a person not confined
3in a penal institution is a Class X felony when the firearm
4possessed is a machine gun. Any person who violates this
5Section while confined in a penal institution, which is a
6facility of the Illinois Department of Corrections, is guilty
7of a Class 1 felony, if he possesses any weapon prohibited
8under Section 24-1 of this Code regardless of the intent with
9which he possesses it, a Class X felony if he possesses any
10firearm, firearm ammunition or explosive, and a Class X felony
11for which the offender shall be sentenced to not less than 12
12years and not more than 50 years when the firearm possessed is
13a machine gun. A violation of this Section while wearing or in
14possession of body armor as defined in Section 33F-1 is a Class
15X felony punishable by a term of imprisonment of not less than
1610 years and not more than 40 years. The possession of each
17firearm or firearm ammunition in violation of this Section
18constitutes 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
23he 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;
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)
8of 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
10real property comprising a school, within 1,000 feet of the
11real property comprising a school, at a school related activity
12or on or within 1,000 feet of any conveyance owned, leased, or
13contracted by a school to transport students to or from school
14or a school related activity, regardless of the time of day or
15time of year that the offense was committed is a Class X
16felony. 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
19Section is a Class X felony for which the sentence shall be a
20term of imprisonment of no less than 10 years and not more than
2145 years.
22    (c) For purposes of this Section:
23    "Emergency medical services personnel" has the meaning
24specified in Section 3.5 of the Emergency Medical Services
25(EMS) Systems Act and shall include all ambulance crew members,
26including drivers or pilots.

 

 

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1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or in
6part 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
11criminal if he or she receives, sells, possesses, or transfers
12any firearm after having been convicted a total of 2 or more
13times 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
4felony for a first offense for which a term of imprisonment of
5not less than 10 years and not more than 30 years shall be
6imposed. A second or subsequent offense is a Class X felony for
7which 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
11in the commission of an offense.
12    (a) A person commits the offense of use of a stolen or
13illegally acquired firearm in the commission of an offense when
14he or she knowingly uses a stolen or illegally acquired firearm
15in the commission of any offense and the person knows that the
16firearm was stolen or illegally acquired.
17    (b) Sentence. Use of a stolen or illegally acquired firearm
18in the commission of an offense is a Class X felony for a first
19offense for which a term of imprisonment of not less than 10
20years shall be imposed. A second or subsequent offense is a
21Class X felony for which a term of natural life imprisonment
22shall be imposed 2 felony.
23    (c) "Illegally acquired firearm" means a firearm acquired
24in 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
2changing 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
6PRIOR 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
13effective date of this amendatory Act of the 100th General
14Assembly and before January 1, 2023, when a person is convicted
15of unlawful use or possession of a weapon by a felon, when the
16weapon is a firearm, or aggravated unlawful use of a weapon,
17when the weapon is a firearm, after being previously convicted
18of a qualifying predicate offense the person shall be subject
19to 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
2or conditional discharge shall not be imposed for the following
3offenses. The court shall sentence the offender to not less
4than the minimum term of imprisonment set forth in this Code
5for the following offenses, and may order a fine or restitution
6or 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
7consecutive days or 30 days of community service shall be
8imposed for a violation of paragraph (c) of Section 6-303 of
9the Illinois Vehicle Code.
10    (4.1) (Blank).
11    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
12this subsection (c), a minimum of 100 hours of community
13service shall be imposed for a second violation of Section
146-303 of the Illinois Vehicle Code.
15    (4.3) A minimum term of imprisonment of 30 days or 300
16hours of community service, as determined by the court, shall
17be imposed for a second violation of subsection (c) of Section
186-303 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
2130 days or 300 hours of community service, as determined by the
22court, shall be imposed for a third or subsequent violation of
23Section 6-303 of the Illinois Vehicle Code. The court may give
24credit toward the fulfillment of community service hours for
25participation in activities and treatment as determined by
26court services.

 

 

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1    (4.5) A minimum term of imprisonment of 30 days shall be
2imposed for a third violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4    (4.6) Except as provided in paragraph (4.10) of this
5subsection (c), a minimum term of imprisonment of 180 days
6shall be imposed for a fourth or subsequent violation of
7subsection (c) of Section 6-303 of the Illinois Vehicle Code.
8    (4.7) A minimum term of imprisonment of not less than 30
9consecutive days, or 300 hours of community service, shall be
10imposed for a violation of subsection (a-5) of Section 6-303 of
11the Illinois Vehicle Code, as provided in subsection (b-5) of
12that Section.
13    (4.8) A mandatory prison sentence shall be imposed for a
14second violation of subsection (a-5) of Section 6-303 of the
15Illinois Vehicle Code, as provided in subsection (c-5) of that
16Section. The person's driving privileges shall be revoked for a
17period of not less than 5 years from the date of his or her
18release from prison.
19    (4.9) A mandatory prison sentence of not less than 4 and
20not more than 15 years shall be imposed for a third violation
21of subsection (a-5) of Section 6-303 of the Illinois Vehicle
22Code, as provided in subsection (d-2.5) of that Section. The
23person's driving privileges shall be revoked for the remainder
24of his or her life.
25    (4.10) A mandatory prison sentence for a Class 1 felony
26shall be imposed, and the person shall be eligible for an

 

 

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1extended term sentence, for a fourth or subsequent violation of
2subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
3as provided in subsection (d-3.5) of that Section. The person's
4driving privileges shall be revoked for the remainder of his or
5her life.
6    (5) The court may sentence a corporation or unincorporated
7association 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
13except as provided in paragraph (5.2) or (5.3), a person
14convicted of violating subsection (c) of Section 11-907 of the
15Illinois Vehicle Code shall have his or her driver's license,
16permit, or privileges suspended for at least 90 days but not
17more than one year, if the violation resulted in damage to the
18property of another person.
19    (5.2) In addition to any other penalties imposed, and
20except as provided in paragraph (5.3), a person convicted of
21violating subsection (c) of Section 11-907 of the Illinois
22Vehicle Code shall have his or her driver's license, permit, or
23privileges suspended for at least 180 days but not more than 2
24years, if the violation resulted in injury to another person.
25    (5.3) In addition to any other penalties imposed, a person
26convicted of violating subsection (c) of Section 11-907 of the

 

 

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1Illinois Vehicle Code shall have his or her driver's license,
2permit, or privileges suspended for 2 years, if the violation
3resulted in the death of another person.
4    (5.4) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code shall have his or her driver's license, permit, or
7privileges suspended for 3 months and until he or she has paid
8a reinstatement fee of $100.
9    (5.5) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code during a period in which his or her driver's license,
12permit, or privileges were suspended for a previous violation
13of that Section shall have his or her driver's license, permit,
14or privileges suspended for an additional 6 months after the
15expiration of the original 3-month suspension and until he or
16she 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
21of ritualized abuse of a child may be sentenced to a term of
22natural life imprisonment.
23    (10) (Blank).
24    (11) The court shall impose a minimum fine of $1,000 for a
25first offense and $2,000 for a second or subsequent offense
26upon a person convicted of or placed on supervision for battery

 

 

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1when the individual harmed was a sports official or coach at
2any level of competition and the act causing harm to the sports
3official or coach occurred within an athletic facility or
4within the immediate vicinity of the athletic facility at which
5the sports official or coach was an active participant of the
6athletic contest held at the athletic facility. For the
7purposes of this paragraph (11), "sports official" means a
8person at an athletic contest who enforces the rules of the
9contest, such as an umpire or referee; "athletic facility"
10means an indoor or outdoor playing field or recreational area
11where sports activities are conducted; and "coach" means a
12person recognized as a coach by the sanctioning authority that
13conducted the sporting event.
14    (12) A person may not receive a disposition of court
15supervision for a violation of Section 5-16 of the Boat
16Registration and Safety Act if that person has previously
17received a disposition of court supervision for a violation of
18that Section.
19    (13) A person convicted of or placed on court supervision
20for an assault or aggravated assault when the victim and the
21offender are family or household members as defined in Section
22103 of the Illinois Domestic Violence Act of 1986 or convicted
23of domestic battery or aggravated domestic battery may be
24required to attend a Partner Abuse Intervention Program under
25protocols set forth by the Illinois Department of Human
26Services under such terms and conditions imposed by the court.

 

 

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1The costs of such classes shall be paid by the offender.
2    (d) In any case in which a sentence originally imposed is
3vacated, the case shall be remanded to the trial court. The
4trial court shall hold a hearing under Section 5-4-1 of this
5the Unified Code of Corrections which may include evidence of
6the defendant's life, moral character and occupation during the
7time since the original sentence was passed. The trial court
8shall then impose sentence upon the defendant. The trial court
9may impose any sentence which could have been imposed at the
10original trial subject to Section 5-5-4 of this the Unified
11Code of Corrections. If a sentence is vacated on appeal or on
12collateral attack due to the failure of the trier of fact at
13trial to determine beyond a reasonable doubt the existence of a
14fact (other than a prior conviction) necessary to increase the
15punishment for the offense beyond the statutory maximum
16otherwise applicable, either the defendant may be re-sentenced
17to a term within the range otherwise provided or, if the State
18files notice of its intention to again seek the extended
19sentence, the defendant shall be afforded a new trial.
20    (e) In cases where prosecution for aggravated criminal
21sexual abuse under Section 11-1.60 or 12-16 of the Criminal
22Code of 1961 or the Criminal Code of 2012 results in conviction
23of a defendant who was a family member of the victim at the
24time of the commission of the offense, the court shall consider
25the safety and welfare of the victim and may impose a sentence
26of 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
245-6-4; except where the court determines at the hearing that
25the defendant violated a condition of his or her probation
26restricting contact with the victim or other family members or

 

 

10100SB0901sam001- 31 -LRB101 06315 SLF 59359 a

1commits another offense with the victim or other family
2members, the court shall revoke the defendant's probation and
3impose 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
611-0.1 of the Criminal Code of 2012.
7    (f) (Blank).
8    (g) Whenever a defendant is convicted of an offense under
9Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1011-14.3, 11-14.4 except for an offense that involves keeping a
11place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the defendant shall undergo medical
15testing to determine whether the defendant has any sexually
16transmissible disease, including a test for infection with
17human immunodeficiency virus (HIV) or any other identified
18causative agent of acquired immunodeficiency syndrome (AIDS).
19Any such medical test shall be performed only by appropriately
20licensed medical practitioners and may include an analysis of
21any bodily fluids as well as an examination of the defendant's
22person. Except as otherwise provided by law, the results of
23such test shall be kept strictly confidential by all medical
24personnel involved in the testing and must be personally
25delivered in a sealed envelope to the judge of the court in
26which the conviction was entered for the judge's inspection in

 

 

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1camera. Acting in accordance with the best interests of the
2victim and the public, the judge shall have the discretion to
3determine to whom, if anyone, the results of the testing may be
4revealed. The court shall notify the defendant of the test
5results. The court shall also notify the victim if requested by
6the victim, and if the victim is under the age of 15 and if
7requested by the victim's parents or legal guardian, the court
8shall notify the victim's parents or legal guardian of the test
9results. The court shall provide information on the
10availability of HIV testing and counseling at Department of
11Public Health facilities to all parties to whom the results of
12the testing are revealed and shall direct the State's Attorney
13to provide the information to the victim when possible. A
14State's Attorney may petition the court to obtain the results
15of any HIV test administered under this Section, and the court
16shall grant the disclosure if the State's Attorney shows it is
17relevant in order to prosecute a charge of criminal
18transmission of HIV under Section 12-5.01 or 12-16.2 of the
19Criminal Code of 1961 or the Criminal Code of 2012 against the
20defendant. The court shall order that the cost of any such test
21shall be paid by the county and may be taxed as costs against
22the convicted defendant.
23    (g-5) When an inmate is tested for an airborne communicable
24disease, as determined by the Illinois Department of Public
25Health including but not limited to tuberculosis, the results
26of the test shall be personally delivered by the warden or his

 

 

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1or her designee in a sealed envelope to the judge of the court
2in which the inmate must appear for the judge's inspection in
3camera if requested by the judge. Acting in accordance with the
4best interests of those in the courtroom, the judge shall have
5the discretion to determine what if any precautions need to be
6taken to prevent transmission of the disease in the courtroom.
7    (h) Whenever a defendant is convicted of an offense under
8Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
9defendant shall undergo medical testing to determine whether
10the defendant has been exposed to human immunodeficiency virus
11(HIV) or any other identified causative agent of acquired
12immunodeficiency syndrome (AIDS). Except as otherwise provided
13by law, the results of such test shall be kept strictly
14confidential by all medical personnel involved in the testing
15and must be personally delivered in a sealed envelope to the
16judge of the court in which the conviction was entered for the
17judge's inspection in camera. Acting in accordance with the
18best interests of the public, the judge shall have the
19discretion to determine to whom, if anyone, the results of the
20testing may be revealed. The court shall notify the defendant
21of a positive test showing an infection with the human
22immunodeficiency virus (HIV). The court shall provide
23information on the availability of HIV testing and counseling
24at Department of Public Health facilities to all parties to
25whom the results of the testing are revealed and shall direct
26the State's Attorney to provide the information to the victim

 

 

10100SB0901sam001- 34 -LRB101 06315 SLF 59359 a

1when possible. A State's Attorney may petition the court to
2obtain the results of any HIV test administered under this
3Section, and the court shall grant the disclosure if the
4State's Attorney shows it is relevant in order to prosecute a
5charge of criminal transmission of HIV under Section 12-5.01 or
612-16.2 of the Criminal Code of 1961 or the Criminal Code of
72012 against the defendant. The court shall order that the cost
8of any such test shall be paid by the county and may be taxed as
9costs against the convicted defendant.
10    (i) All fines and penalties imposed under this Section for
11any violation of Chapters 3, 4, 6, and 11 of the Illinois
12Vehicle Code, or a similar provision of a local ordinance, and
13any violation of the Child Passenger Protection Act, or a
14similar provision of a local ordinance, shall be collected and
15disbursed by the circuit clerk as provided under Section 27.5
16of the Clerks of Courts Act.
17    (j) In cases when prosecution for any violation of Section
1811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1911-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2011-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2212-15, or 12-16 of the Criminal Code of 1961 or the Criminal
23Code of 2012, any violation of the Illinois Controlled
24Substances Act, any violation of the Cannabis Control Act, or
25any violation of the Methamphetamine Control and Community
26Protection Act results in conviction, a disposition of court

 

 

10100SB0901sam001- 35 -LRB101 06315 SLF 59359 a

1supervision, or an order of probation granted under Section 10
2of the Cannabis Control Act, Section 410 of the Illinois
3Controlled Substances Act, or Section 70 of the Methamphetamine
4Control and Community Protection Act of a defendant, the court
5shall determine whether the defendant is employed by a facility
6or center as defined under the Child Care Act of 1969, a public
7or private elementary or secondary school, or otherwise works
8with children under 18 years of age on a daily basis. When a
9defendant is so employed, the court shall order the Clerk of
10the Court to send a copy of the judgment of conviction or order
11of supervision or probation to the defendant's employer by
12certified mail. If the employer of the defendant is a school,
13the Clerk of the Court shall direct the mailing of a copy of
14the judgment of conviction or order of supervision or probation
15to the appropriate regional superintendent of schools. The
16regional superintendent of schools shall notify the State Board
17of Education of any notification under this subsection.
18    (j-5) A defendant at least 17 years of age who is convicted
19of a felony and who has not been previously convicted of a
20misdemeanor or felony and who is sentenced to a term of
21imprisonment in the Illinois Department of Corrections shall as
22a condition of his or her sentence be required by the court to
23attend educational courses designed to prepare the defendant
24for a high school diploma and to work toward a high school
25diploma or to work toward passing high school equivalency
26testing or to work toward completing a vocational training

 

 

10100SB0901sam001- 36 -LRB101 06315 SLF 59359 a

1program offered by the Department of Corrections. If a
2defendant fails to complete the educational training required
3by his or her sentence during the term of incarceration, the
4Prisoner Review Board shall, as a condition of mandatory
5supervised release, require the defendant, at his or her own
6expense, to pursue a course of study toward a high school
7diploma or passage of high school equivalency testing. The
8Prisoner Review Board shall revoke the mandatory supervised
9release of a defendant who wilfully fails to comply with this
10subsection (j-5) upon his or her release from confinement in a
11penal institution while serving a mandatory supervised release
12term; however, the inability of the defendant after making a
13good faith effort to obtain financial aid or pay for the
14educational training shall not be deemed a wilful failure to
15comply. The Prisoner Review Board shall recommit the defendant
16whose mandatory supervised release term has been revoked under
17this subsection (j-5) as provided in Section 3-3-9. This
18subsection (j-5) does not apply to a defendant who has a high
19school diploma or has successfully passed high school
20equivalency testing. This subsection (j-5) does not apply to a
21defendant who is determined by the court to be a person with a
22developmental disability or otherwise mentally incapable of
23completing 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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1Immigration and Nationality Act, is convicted of any felony or
2misdemeanor offense, the court after sentencing the defendant
3may, upon motion of the State's Attorney, hold sentence in
4abeyance and remand the defendant to the custody of the
5Attorney General of the United States or his or her designated
6agent 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
14this Chapter V.
15    (B) If the defendant has already been sentenced for a
16felony or misdemeanor offense, or has been placed on probation
17under Section 10 of the Cannabis Control Act, Section 410 of
18the Illinois Controlled Substances Act, or Section 70 of the
19Methamphetamine Control and Community Protection Act, the
20court may, upon motion of the State's Attorney to suspend the
21sentence imposed, commit the defendant to the custody of the
22Attorney General of the United States or his or her designated
23agent 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

 

 

10100SB0901sam001- 38 -LRB101 06315 SLF 59359 a

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
5subject to the provisions of paragraph (2) of subsection (a) of
6Section 3-6-3.
7    (D) Upon motion of the State's Attorney, if a defendant
8sentenced under this Section returns to the jurisdiction of the
9United States, the defendant shall be recommitted to the
10custody of the county from which he or she was sentenced.
11Thereafter, the defendant shall be brought before the
12sentencing court, which may impose any sentence that was
13available under Section 5-5-3 at the time of initial
14sentencing. In addition, the defendant shall not be eligible
15for additional earned sentence credit as provided under Section
163-6-3.
17    (m) A person convicted of criminal defacement of property
18under Section 21-1.3 of the Criminal Code of 1961 or the
19Criminal Code of 2012, in which the property damage exceeds
20$300 and the property damaged is a school building, shall be
21ordered to perform community service that may include cleanup,
22removal, or painting over the defacement.
23    (n) The court may sentence a person convicted of a
24violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
25subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
26of 1961 or the Criminal Code of 2012 (i) to an impact

 

 

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1incarceration program if the person is otherwise eligible for
2that program under Section 5-8-1.1, (ii) to community service,
3or (iii) if the person has a substance use disorder, as defined
4in the Substance Use Disorder Act, to a treatment program
5licensed under that Act.
6    (o) Whenever a person is convicted of a sex offense as
7defined in Section 2 of the Sex Offender Registration Act, the
8defendant's driver's license or permit shall be subject to
9renewal on an annual basis in accordance with the provisions of
10license renewal established by the Secretary of State.
11(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
1299-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
131-1-19; 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
20or conditional discharge shall not be imposed for the following
21offenses. The court shall sentence the offender to not less
22than the minimum term of imprisonment set forth in this Code
23for the following offenses, and may order a fine or restitution
24or 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
26consecutive days or 30 days of community service shall be

 

 

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1imposed for a violation of paragraph (c) of Section 6-303 of
2the Illinois Vehicle Code.
3    (4.1) (Blank).
4    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
5this subsection (c), a minimum of 100 hours of community
6service shall be imposed for a second violation of Section
76-303 of the Illinois Vehicle Code.
8    (4.3) A minimum term of imprisonment of 30 days or 300
9hours of community service, as determined by the court, shall
10be imposed for a second violation of subsection (c) of Section
116-303 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
1430 days or 300 hours of community service, as determined by the
15court, shall be imposed for a third or subsequent violation of
16Section 6-303 of the Illinois Vehicle Code. The court may give
17credit toward the fulfillment of community service hours for
18participation in activities and treatment as determined by
19court services.
20    (4.5) A minimum term of imprisonment of 30 days shall be
21imposed for a third violation of subsection (c) of Section
226-303 of the Illinois Vehicle Code.
23    (4.6) Except as provided in paragraph (4.10) of this
24subsection (c), a minimum term of imprisonment of 180 days
25shall be imposed for a fourth or subsequent violation of
26subsection (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
2consecutive days, or 300 hours of community service, shall be
3imposed for a violation of subsection (a-5) of Section 6-303 of
4the Illinois Vehicle Code, as provided in subsection (b-5) of
5that Section.
6    (4.8) A mandatory prison sentence shall be imposed for a
7second violation of subsection (a-5) of Section 6-303 of the
8Illinois Vehicle Code, as provided in subsection (c-5) of that
9Section. The person's driving privileges shall be revoked for a
10period of not less than 5 years from the date of his or her
11release from prison.
12    (4.9) A mandatory prison sentence of not less than 4 and
13not more than 15 years shall be imposed for a third violation
14of subsection (a-5) of Section 6-303 of the Illinois Vehicle
15Code, as provided in subsection (d-2.5) of that Section. The
16person's driving privileges shall be revoked for the remainder
17of his or her life.
18    (4.10) A mandatory prison sentence for a Class 1 felony
19shall be imposed, and the person shall be eligible for an
20extended term sentence, for a fourth or subsequent violation of
21subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
22as provided in subsection (d-3.5) of that Section. The person's
23driving privileges shall be revoked for the remainder of his or
24her life.
25    (5) The court may sentence a corporation or unincorporated
26association 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
6except as provided in paragraph (5.2) or (5.3), a person
7convicted of violating subsection (c) of Section 11-907 of the
8Illinois Vehicle Code shall have his or her driver's license,
9permit, or privileges suspended for at least 90 days but not
10more than one year, if the violation resulted in damage to the
11property of another person.
12    (5.2) In addition to any other penalties imposed, and
13except as provided in paragraph (5.3), a person convicted of
14violating subsection (c) of Section 11-907 of the Illinois
15Vehicle Code shall have his or her driver's license, permit, or
16privileges suspended for at least 180 days but not more than 2
17years, if the violation resulted in injury to another person.
18    (5.3) In addition to any other penalties imposed, a person
19convicted of violating subsection (c) of Section 11-907 of the
20Illinois Vehicle Code shall have his or her driver's license,
21permit, or privileges suspended for 2 years, if the violation
22resulted in the death of another person.
23    (5.4) In addition to any other penalties imposed, a person
24convicted of violating Section 3-707 of the Illinois Vehicle
25Code shall have his or her driver's license, permit, or
26privileges suspended for 3 months and until he or she has paid

 

 

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1a reinstatement fee of $100.
2    (5.5) In addition to any other penalties imposed, a person
3convicted of violating Section 3-707 of the Illinois Vehicle
4Code during a period in which his or her driver's license,
5permit, or privileges were suspended for a previous violation
6of that Section shall have his or her driver's license, permit,
7or privileges suspended for an additional 6 months after the
8expiration of the original 3-month suspension and until he or
9she 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
14of ritualized abuse of a child may be sentenced to a term of
15natural life imprisonment.
16    (10) (Blank).
17    (11) The court shall impose a minimum fine of $1,000 for a
18first offense and $2,000 for a second or subsequent offense
19upon a person convicted of or placed on supervision for battery
20when the individual harmed was a sports official or coach at
21any level of competition and the act causing harm to the sports
22official or coach occurred within an athletic facility or
23within the immediate vicinity of the athletic facility at which
24the sports official or coach was an active participant of the
25athletic contest held at the athletic facility. For the
26purposes of this paragraph (11), "sports official" means a

 

 

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1person at an athletic contest who enforces the rules of the
2contest, such as an umpire or referee; "athletic facility"
3means an indoor or outdoor playing field or recreational area
4where sports activities are conducted; and "coach" means a
5person recognized as a coach by the sanctioning authority that
6conducted the sporting event.
7    (12) A person may not receive a disposition of court
8supervision for a violation of Section 5-16 of the Boat
9Registration and Safety Act if that person has previously
10received a disposition of court supervision for a violation of
11that Section.
12    (13) A person convicted of or placed on court supervision
13for an assault or aggravated assault when the victim and the
14offender are family or household members as defined in Section
15103 of the Illinois Domestic Violence Act of 1986 or convicted
16of domestic battery or aggravated domestic battery may be
17required to attend a Partner Abuse Intervention Program under
18protocols set forth by the Illinois Department of Human
19Services under such terms and conditions imposed by the court.
20The costs of such classes shall be paid by the offender.
21    (d) In any case in which a sentence originally imposed is
22vacated, the case shall be remanded to the trial court. The
23trial court shall hold a hearing under Section 5-4-1 of this
24the Unified Code of Corrections which may include evidence of
25the defendant's life, moral character and occupation during the
26time since the original sentence was passed. The trial court

 

 

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1shall then impose sentence upon the defendant. The trial court
2may impose any sentence which could have been imposed at the
3original trial subject to Section 5-5-4 of this the Unified
4Code of Corrections. If a sentence is vacated on appeal or on
5collateral attack due to the failure of the trier of fact at
6trial to determine beyond a reasonable doubt the existence of a
7fact (other than a prior conviction) necessary to increase the
8punishment for the offense beyond the statutory maximum
9otherwise applicable, either the defendant may be re-sentenced
10to a term within the range otherwise provided or, if the State
11files notice of its intention to again seek the extended
12sentence, the defendant shall be afforded a new trial.
13    (e) In cases where prosecution for aggravated criminal
14sexual abuse under Section 11-1.60 or 12-16 of the Criminal
15Code of 1961 or the Criminal Code of 2012 results in conviction
16of a defendant who was a family member of the victim at the
17time of the commission of the offense, the court shall consider
18the safety and welfare of the victim and may impose a sentence
19of 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
175-6-4; except where the court determines at the hearing that
18the defendant violated a condition of his or her probation
19restricting contact with the victim or other family members or
20commits another offense with the victim or other family
21members, the court shall revoke the defendant's probation and
22impose 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
2511-0.1 of the Criminal Code of 2012.
26    (f) (Blank).

 

 

10100SB0901sam001- 52 -LRB101 06315 SLF 59359 a

1    (g) Whenever a defendant is convicted of an offense under
2Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
311-14.3, 11-14.4 except for an offense that involves keeping a
4place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
7Criminal Code of 2012, the defendant shall undergo medical
8testing to determine whether the defendant has any sexually
9transmissible disease, including a test for infection with
10human immunodeficiency virus (HIV) or any other identified
11causative agent of acquired immunodeficiency syndrome (AIDS).
12Any such medical test shall be performed only by appropriately
13licensed medical practitioners and may include an analysis of
14any bodily fluids as well as an examination of the defendant's
15person. Except as otherwise provided by law, the results of
16such test shall be kept strictly confidential by all medical
17personnel involved in the testing and must be personally
18delivered in a sealed envelope to the judge of the court in
19which the conviction was entered for the judge's inspection in
20camera. Acting in accordance with the best interests of the
21victim and the public, the judge shall have the discretion to
22determine to whom, if anyone, the results of the testing may be
23revealed. The court shall notify the defendant of the test
24results. The court shall also notify the victim if requested by
25the victim, and if the victim is under the age of 15 and if
26requested by the victim's parents or legal guardian, the court

 

 

10100SB0901sam001- 53 -LRB101 06315 SLF 59359 a

1shall notify the victim's parents or legal guardian of the test
2results. The court shall provide information on the
3availability of HIV testing and counseling at Department of
4Public Health facilities to all parties to whom the results of
5the testing are revealed and shall direct the State's Attorney
6to provide the information to the victim when possible. A
7State's Attorney may petition the court to obtain the results
8of any HIV test administered under this Section, and the court
9shall grant the disclosure if the State's Attorney shows it is
10relevant in order to prosecute a charge of criminal
11transmission of HIV under Section 12-5.01 or 12-16.2 of the
12Criminal Code of 1961 or the Criminal Code of 2012 against the
13defendant. The court shall order that the cost of any such test
14shall be paid by the county and may be taxed as costs against
15the convicted defendant.
16    (g-5) When an inmate is tested for an airborne communicable
17disease, as determined by the Illinois Department of Public
18Health including but not limited to tuberculosis, the results
19of the test shall be personally delivered by the warden or his
20or her designee in a sealed envelope to the judge of the court
21in which the inmate must appear for the judge's inspection in
22camera if requested by the judge. Acting in accordance with the
23best interests of those in the courtroom, the judge shall have
24the discretion to determine what if any precautions need to be
25taken to prevent transmission of the disease in the courtroom.
26    (h) Whenever a defendant is convicted of an offense under

 

 

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1Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
2defendant shall undergo medical testing to determine whether
3the defendant has been exposed to human immunodeficiency virus
4(HIV) or any other identified causative agent of acquired
5immunodeficiency syndrome (AIDS). Except as otherwise provided
6by law, the results of such test shall be kept strictly
7confidential by all medical personnel involved in the testing
8and must be personally delivered in a sealed envelope to the
9judge of the court in which the conviction was entered for the
10judge's inspection in camera. Acting in accordance with the
11best interests of the public, the judge shall have the
12discretion to determine to whom, if anyone, the results of the
13testing may be revealed. The court shall notify the defendant
14of a positive test showing an infection with the human
15immunodeficiency virus (HIV). The court shall provide
16information on the availability of HIV testing and counseling
17at Department of Public Health facilities to all parties to
18whom the results of the testing are revealed and shall direct
19the State's Attorney to provide the information to the victim
20when possible. A State's Attorney may petition the court to
21obtain the results of any HIV test administered under this
22Section, and the court shall grant the disclosure if the
23State's Attorney shows it is relevant in order to prosecute a
24charge of criminal transmission of HIV under Section 12-5.01 or
2512-16.2 of the Criminal Code of 1961 or the Criminal Code of
262012 against the defendant. The court shall order that the cost

 

 

10100SB0901sam001- 55 -LRB101 06315 SLF 59359 a

1of any such test shall be paid by the county and may be taxed as
2costs against the convicted defendant.
3    (i) All fines and penalties imposed under this Section for
4any violation of Chapters 3, 4, 6, and 11 of the Illinois
5Vehicle Code, or a similar provision of a local ordinance, and
6any violation of the Child Passenger Protection Act, or a
7similar provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under the Criminal
9and Traffic Assessment Act.
10    (j) In cases when prosecution for any violation of Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
16Code of 2012, any violation of the Illinois Controlled
17Substances Act, any violation of the Cannabis Control Act, or
18any violation of the Methamphetamine Control and Community
19Protection Act results in conviction, a disposition of court
20supervision, or an order of probation granted under Section 10
21of the Cannabis Control Act, Section 410 of the Illinois
22Controlled Substances Act, or Section 70 of the Methamphetamine
23Control and Community Protection Act of a defendant, the court
24shall determine whether the defendant is employed by a facility
25or center as defined under the Child Care Act of 1969, a public
26or private elementary or secondary school, or otherwise works

 

 

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1with children under 18 years of age on a daily basis. When a
2defendant is so employed, the court shall order the Clerk of
3the Court to send a copy of the judgment of conviction or order
4of supervision or probation to the defendant's employer by
5certified mail. If the employer of the defendant is a school,
6the Clerk of the Court shall direct the mailing of a copy of
7the judgment of conviction or order of supervision or probation
8to the appropriate regional superintendent of schools. The
9regional superintendent of schools shall notify the State Board
10of Education of any notification under this subsection.
11    (j-5) A defendant at least 17 years of age who is convicted
12of a felony and who has not been previously convicted of a
13misdemeanor or felony and who is sentenced to a term of
14imprisonment in the Illinois Department of Corrections shall as
15a condition of his or her sentence be required by the court to
16attend educational courses designed to prepare the defendant
17for a high school diploma and to work toward a high school
18diploma or to work toward passing high school equivalency
19testing or to work toward completing a vocational training
20program offered by the Department of Corrections. If a
21defendant fails to complete the educational training required
22by his or her sentence during the term of incarceration, the
23Prisoner Review Board shall, as a condition of mandatory
24supervised release, require the defendant, at his or her own
25expense, to pursue a course of study toward a high school
26diploma or passage of high school equivalency testing. The

 

 

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1Prisoner Review Board shall revoke the mandatory supervised
2release of a defendant who wilfully fails to comply with this
3subsection (j-5) upon his or her release from confinement in a
4penal institution while serving a mandatory supervised release
5term; however, the inability of the defendant after making a
6good faith effort to obtain financial aid or pay for the
7educational training shall not be deemed a wilful failure to
8comply. The Prisoner Review Board shall recommit the defendant
9whose mandatory supervised release term has been revoked under
10this subsection (j-5) as provided in Section 3-3-9. This
11subsection (j-5) does not apply to a defendant who has a high
12school diploma or has successfully passed high school
13equivalency testing. This subsection (j-5) does not apply to a
14defendant who is determined by the court to be a person with a
15developmental disability or otherwise mentally incapable of
16completing 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
20Immigration and Nationality Act, is convicted of any felony or
21misdemeanor offense, the court after sentencing the defendant
22may, upon motion of the State's Attorney, hold sentence in
23abeyance and remand the defendant to the custody of the
24Attorney General of the United States or his or her designated
25agent 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
7this Chapter V.
8    (B) If the defendant has already been sentenced for a
9felony or misdemeanor offense, or has been placed on probation
10under Section 10 of the Cannabis Control Act, Section 410 of
11the Illinois Controlled Substances Act, or Section 70 of the
12Methamphetamine Control and Community Protection Act, the
13court may, upon motion of the State's Attorney to suspend the
14sentence imposed, commit the defendant to the custody of the
15Attorney General of the United States or his or her designated
16agent 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
24subject to the provisions of paragraph (2) of subsection (a) of
25Section 3-6-3.
26    (D) Upon motion of the State's Attorney, if a defendant

 

 

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1sentenced under this Section returns to the jurisdiction of the
2United States, the defendant shall be recommitted to the
3custody of the county from which he or she was sentenced.
4Thereafter, the defendant shall be brought before the
5sentencing court, which may impose any sentence that was
6available under Section 5-5-3 at the time of initial
7sentencing. In addition, the defendant shall not be eligible
8for additional earned sentence credit as provided under Section
93-6-3.
10    (m) A person convicted of criminal defacement of property
11under Section 21-1.3 of the Criminal Code of 1961 or the
12Criminal Code of 2012, in which the property damage exceeds
13$300 and the property damaged is a school building, shall be
14ordered to perform community service that may include cleanup,
15removal, or painting over the defacement.
16    (n) The court may sentence a person convicted of a
17violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
18subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
19of 1961 or the Criminal Code of 2012 (i) to an impact
20incarceration program if the person is otherwise eligible for
21that program under Section 5-8-1.1, (ii) to community service,
22or (iii) if the person has a substance use disorder, as defined
23in the Substance Use Disorder Act, to a treatment program
24licensed under that Act.
25    (o) Whenever a person is convicted of a sex offense as
26defined in Section 2 of the Sex Offender Registration Act, the

 

 

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1defendant's driver's license or permit shall be subject to
2renewal on an annual basis in accordance with the provisions of
3license renewal established by the Secretary of State.
4(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
599-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
61-1-19; 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
9imprisonment.
10    (a) Concurrent terms; multiple or additional sentences.
11When an Illinois court (i) imposes multiple sentences of
12imprisonment on a defendant at the same time or (ii) imposes a
13sentence of imprisonment on a defendant who is already subject
14to a sentence of imprisonment imposed by an Illinois court, a
15court of another state, or a federal court, then the sentences
16shall run concurrently unless otherwise determined by the
17Illinois court under this Section.
18    (b) Concurrent terms; misdemeanor and felony. A defendant
19serving a sentence for a misdemeanor who is convicted of a
20felony and sentenced to imprisonment shall be transferred to
21the Department of Corrections, and the misdemeanor sentence
22shall be merged in and run concurrently with the felony
23sentence.
24    (c) Consecutive terms; permissive. The court may impose
25consecutive 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
16consecutive 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.
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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1Illinois court has imposed a sentence of imprisonment on a
2defendant and the defendant is subsequently sentenced to a term
3of imprisonment by a court of another state or a federal court,
4then the Illinois sentence shall run consecutively to the
5sentence imposed by the court of the other state or the federal
6court. That same Illinois court, however, may order that the
7Illinois sentence run concurrently with the sentence imposed by
8the court of the other state or the federal court, but only if
9the defendant applies to that same Illinois court within 30
10days after the sentence imposed by the court of the other state
11or the federal court is finalized.
12    (f) Consecutive terms; aggregate maximums and minimums.
13The aggregate maximum and aggregate minimum of consecutive
14sentences 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.
15    (g) Consecutive terms; manner served. In determining the
16manner in which consecutive sentences of imprisonment, one or
17more of which is for a felony, will be served, the Department
18of Corrections shall treat the defendant as though he or she
19had been committed for a single term subject to each of the
20following:
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).
15(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;
1697-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.
171-1-14.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.".