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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 2012 is amended by | ||||||||||||||||||||||||||||||||||||||
5 | changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as | ||||||||||||||||||||||||||||||||||||||
6 | follows:
| ||||||||||||||||||||||||||||||||||||||
7 | (720 ILCS 5/18-4)
| ||||||||||||||||||||||||||||||||||||||
8 | Sec. 18-4. Aggravated vehicular hijacking.
| ||||||||||||||||||||||||||||||||||||||
9 | (a) A person commits aggravated vehicular hijacking when | ||||||||||||||||||||||||||||||||||||||
10 | he or 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 | ||||||||||||||||||||||||||||||||||||||
17 | is otherwise armed
with a dangerous weapon, other than a | ||||||||||||||||||||||||||||||||||||||
18 | firearm; or
| ||||||||||||||||||||||||||||||||||||||
19 | (4) he or she carries on or about his or her person or | ||||||||||||||||||||||||||||||||||||||
20 | is otherwise armed
with a firearm; or
| ||||||||||||||||||||||||||||||||||||||
21 | (5) he or she, during the commission of the offense, | ||||||||||||||||||||||||||||||||||||||
22 | personally discharges
a firearm; or
| ||||||||||||||||||||||||||||||||||||||
23 | (6) he or she, during the commission of the offense, |
| |||||||
| |||||||
1 | personally discharges
a firearm that proximately causes | ||||||
2 | great bodily harm, permanent disability,
permanent | ||||||
3 | disfigurement, or death to another person.
| ||||||
4 | (b) Sentence. Aggravated vehicular hijacking is a Class X | ||||||
5 | felony for a first offense for which a term of imprisonment of | ||||||
6 | not less than 10 years and not more than 60 years shall be | ||||||
7 | imposed. A second or subsequent offense is a Class X felony for | ||||||
8 | which a term of natural life imprisonment shall be imposed in | ||||||
9 | violation of subsections
(a)(1) or (a)(2) is a Class X felony.
| ||||||
10 | A violation of subsection (a)(3) is a Class X
felony for which | ||||||
11 | a term of imprisonment of not less than 7 years shall be
| ||||||
12 | imposed.
A violation of subsection (a)(4) is a Class X
felony | ||||||
13 | for which 15 years shall be added to the term of imprisonment | ||||||
14 | imposed by
the court. A violation of subsection (a)(5) is
a | ||||||
15 | Class X felony for which 20 years shall be added to the term of | ||||||
16 | imprisonment
imposed by the court. A violation of subsection
| ||||||
17 | (a)(6) is a Class X felony for which 25 years or up to a term | ||||||
18 | of natural life
shall be added to the term of imprisonment | ||||||
19 | imposed by the court .
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
22 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
23 | felons or
persons in the custody of the
Department of | ||||||
24 | Corrections facilities. | ||||||
25 | (a) It is unlawful
for a person to knowingly possess on or |
| |||||||
| |||||||
1 | about his person or on his land or
in his own abode or fixed | ||||||
2 | place of business any weapon prohibited under
Section 24-1 of | ||||||
3 | this Act or any firearm or any firearm ammunition if the
person | ||||||
4 | has been convicted of a felony under the laws of this State or | ||||||
5 | any
other jurisdiction. This Section shall not apply if the | ||||||
6 | person has been
granted relief by the Director of the | ||||||
7 | Department of State Police
under Section 10 of the Firearm | ||||||
8 | Owners Identification
Card Act.
| ||||||
9 | (b) It is unlawful for any person confined in a penal | ||||||
10 | institution,
which is a facility of the Illinois Department of | ||||||
11 | Corrections, to possess
any weapon prohibited under Section | ||||||
12 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
13 | regardless of the intent with which he possesses it.
| ||||||
14 | (c) It shall be an affirmative defense to a violation of | ||||||
15 | subsection (b), that such possession was specifically | ||||||
16 | authorized by rule,
regulation, or directive of the Illinois | ||||||
17 | Department of Corrections or order
issued pursuant thereto.
| ||||||
18 | (d) The defense of necessity is not available to a person | ||||||
19 | who is charged
with a violation of subsection (b) of this | ||||||
20 | Section.
| ||||||
21 | (e) Sentence. Violation of this Section is a Class X | ||||||
22 | felony for a first offense for which a term of imprisonment of | ||||||
23 | not less than 10 years shall be imposed. A second or subsequent | ||||||
24 | offense is a Class X felony for which a term of natural life | ||||||
25 | imprisonment shall be imposed by a person not confined
in a | ||||||
26 | penal institution shall be a Class 3 felony
for which the |
| |||||||
| |||||||
1 | person shall be sentenced to no less than 2 years and no
more | ||||||
2 | than 10 years. A second or subsequent violation of this | ||||||
3 | Section shall be a Class 2 felony for which the person shall be | ||||||
4 | sentenced to a term of imprisonment of not less than 3 years | ||||||
5 | and not more than 14 years, except as provided for in Section | ||||||
6 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
7 | this Section by a person not confined in a
penal institution | ||||||
8 | who has been convicted of a forcible felony, a felony
| ||||||
9 | violation of Article 24 of this Code or of the Firearm Owners | ||||||
10 | Identification
Card Act, stalking or aggravated stalking, or a | ||||||
11 | Class 2 or greater felony
under the Illinois Controlled | ||||||
12 | Substances Act, the Cannabis Control Act, or the | ||||||
13 | Methamphetamine Control and Community Protection Act is a
| ||||||
14 | Class 2 felony for which the person
shall be sentenced to not | ||||||
15 | less than 3 years and not more than 14 years, except as | ||||||
16 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
17 | Corrections.
Violation of this Section by a person who is on | ||||||
18 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
19 | which the person shall be sentenced to not less than 3 years | ||||||
20 | and not more than 14
years, except as provided for in Section | ||||||
21 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
22 | this Section by a person not confined in a penal
institution is | ||||||
23 | a Class X felony when the firearm possessed is a machine gun.
| ||||||
24 | Any person who violates this Section while confined in a penal
| ||||||
25 | institution, which is a facility of the Illinois Department of
| ||||||
26 | Corrections, is guilty of a Class 1
felony, if he possesses any |
| |||||||
| |||||||
1 | weapon prohibited under Section 24-1 of this
Code regardless | ||||||
2 | of the intent with which he possesses it, a Class X
felony if | ||||||
3 | he possesses any firearm, firearm ammunition or explosive, and | ||||||
4 | a
Class X felony for which the offender shall be sentenced to | ||||||
5 | not less than 12
years and not more than 50 years when the | ||||||
6 | firearm possessed is a machine
gun. A violation of this | ||||||
7 | Section while wearing or in possession of body armor as | ||||||
8 | defined in Section 33F-1 is a Class X felony punishable by a | ||||||
9 | term of imprisonment of not less than 10 years and not more | ||||||
10 | than 40 years .
The possession of each firearm or firearm | ||||||
11 | ammunition in violation of this Section constitutes a single | ||||||
12 | and separate violation.
| ||||||
13 | (Source: P.A. 100-3, eff. 1-1-18 .)
| ||||||
14 | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| ||||||
15 | Sec. 24-1.2. Aggravated discharge of a firearm. | ||||||
16 | (a) A person commits aggravated discharge of a firearm | ||||||
17 | when he or she
knowingly or
intentionally:
| ||||||
18 | (1) Discharges a firearm at or into a building he or | ||||||
19 | she knows or
reasonably
should know to be
occupied and the | ||||||
20 | firearm is discharged from a place or position outside
| ||||||
21 | that building;
| ||||||
22 | (2) Discharges a firearm in the direction of another | ||||||
23 | person or in the
direction of a vehicle he or she knows or | ||||||
24 | reasonably should know to be
occupied by a person;
| ||||||
25 | (3) Discharges a firearm in the direction of a person |
| |||||||
| |||||||
1 | he or she knows
to be
a peace officer, a community policing | ||||||
2 | volunteer, a
correctional institution employee, or a | ||||||
3 | fireman while the officer,
volunteer,
employee or fireman | ||||||
4 | is engaged in the execution of any of his or her
official
| ||||||
5 | duties, or to prevent the officer, volunteer, employee or | ||||||
6 | fireman from
performing his or her
official duties, or in | ||||||
7 | retaliation for the officer, volunteer, employee or
| ||||||
8 | fireman
performing his or her official duties;
| ||||||
9 | (4) Discharges a firearm in the direction of a vehicle | ||||||
10 | he or she knows
to be
occupied by a peace officer, a person | ||||||
11 | summoned or directed by a peace
officer, a correctional | ||||||
12 | institution employee or a fireman while the
officer, | ||||||
13 | employee or fireman is engaged in the execution of any of | ||||||
14 | his or
her
official duties, or to prevent the officer, | ||||||
15 | employee or fireman from
performing his or her official | ||||||
16 | duties, or in retaliation for the officer,
employee or | ||||||
17 | fireman performing his or her official duties;
| ||||||
18 | (5) Discharges a firearm in the direction of a person | ||||||
19 | he or she knows
to be
emergency medical services personnel | ||||||
20 | who is engaged in the execution of any of his or her | ||||||
21 | official duties,
or to
prevent the
emergency medical | ||||||
22 | services personnel from performing his or her official | ||||||
23 | duties, or in
retaliation
for the
emergency medical | ||||||
24 | services personnel performing his or her official duties;
| ||||||
25 | (6) Discharges a firearm in the direction of a vehicle | ||||||
26 | he or she knows
to
be occupied by emergency medical |
| |||||||
| |||||||
1 | services personnel while the
emergency medical services | ||||||
2 | personnel is engaged in the execution of any of his or her
| ||||||
3 | official
duties, or to prevent the
emergency medical | ||||||
4 | services personnel from performing his or her official
| ||||||
5 | duties, or
in retaliation for the
emergency medical | ||||||
6 | services personnel performing his or her official duties;
| ||||||
7 | (7) Discharges a firearm in the direction of a person | ||||||
8 | he or she knows to
be a teacher or other person employed in | ||||||
9 | any school and the teacher or other
employee is upon the | ||||||
10 | grounds of a school or grounds adjacent to a school, or is
| ||||||
11 | in any part of a building used for school purposes;
| ||||||
12 | (8) Discharges a firearm in the direction of a person | ||||||
13 | he or she knows to
be an emergency management worker while | ||||||
14 | the emergency management worker is
engaged in the | ||||||
15 | execution of any of his or her official duties, or to | ||||||
16 | prevent
the emergency management worker from performing | ||||||
17 | his or her official duties, or
in retaliation for the | ||||||
18 | emergency management worker performing his or her
official | ||||||
19 | duties; or
| ||||||
20 | (9) Discharges a firearm in the direction of a vehicle | ||||||
21 | he or she knows to
be occupied by an emergency management | ||||||
22 | worker while the emergency management
worker is engaged in | ||||||
23 | the execution of any of his or her official duties, or to
| ||||||
24 | prevent the emergency management worker from performing | ||||||
25 | his or her official
duties, or in retaliation for the | ||||||
26 | emergency management worker performing his or
her official |
| |||||||
| |||||||
1 | duties ; .
| ||||||
2 | (10) discharges a firearm in the direction of a person | ||||||
3 | he or she knows to be a person under 18 years old; | ||||||
4 | (11) discharges a firearm in the direction of a person | ||||||
5 | he or she knows to be a veteran; | ||||||
6 | (12) discharges a firearm in the direction of a person | ||||||
7 | he or she knows to be 60 years of age or older; | ||||||
8 | (13) discharges a firearm in the direction of a person | ||||||
9 | he or she knows to be pregnant or has a physical | ||||||
10 | disability; | ||||||
11 | (14) discharges a firearm in the direction of a person | ||||||
12 | he or she knows to be gathering for worship; | ||||||
13 | (15) discharges a firearm in the direction of a person | ||||||
14 | he or she knows to be boarding or riding public transit; | ||||||
15 | (16) discharges a firearm in the direction of a person | ||||||
16 | he or she knows to be a student at an institution of higher | ||||||
17 | education; | ||||||
18 | (17) discharges a firearm in the direction of a person | ||||||
19 | who is in a public roadway, park, public housing, school, | ||||||
20 | building under the control of the State or a unit of local | ||||||
21 | government, church, hospital, nursing home, or any bus, | ||||||
22 | train, or form of transportation paid
for in whole or in | ||||||
23 | part with public funds, or any building, real property, or | ||||||
24 | parking area under the control of a public transportation | ||||||
25 | facility paid for in whole or in part with public funds; or | ||||||
26 | (18) discharges a firearm during the commission or |
| |||||||
| |||||||
1 | attempted commission of vehicular hijacking. | ||||||
2 | (b) A violation of subsection (a)(1) or subsection (a)(2) | ||||||
3 | of this
Section is a Class 1 felony.
A violation of
subsection | ||||||
4 | (a)(1) or (a)(2)
of this Section committed in a school, on the | ||||||
5 | real property comprising a
school,
within 1,000 feet of the | ||||||
6 | real property comprising a school, at a school related
| ||||||
7 | activity or on or within 1,000 feet of any conveyance owned, | ||||||
8 | leased, or
contracted by a school to transport students to or | ||||||
9 | from school or a school
related activity, regardless of the | ||||||
10 | time of day or time of year that the
offense was committed is a | ||||||
11 | Class X felony.
A violation of subsection (a)(3), (a)(4),
| ||||||
12 | (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) , (a)(10), (a)(11), | ||||||
13 | (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or | ||||||
14 | (a)(18) of this Section is a Class
X felony for which the
| ||||||
15 | sentence shall be a term of imprisonment of no less than 10 | ||||||
16 | years and not more
than 45 years.
| ||||||
17 | (c) For purposes of this Section:
| ||||||
18 | "Emergency medical services personnel" has the meaning | ||||||
19 | specified in Section 3.5 of the Emergency Medical Services | ||||||
20 | (EMS) Systems Act and shall include all ambulance crew | ||||||
21 | members, including drivers or pilots. | ||||||
22 | "School" means a public or private elementary or secondary | ||||||
23 | school,
community college, college, or university.
| ||||||
24 | "School related activity" means any sporting, social, | ||||||
25 | academic, or other
activity for which students' attendance or | ||||||
26 | participation is sponsored,
organized, or funded in whole or |
| |||||||
| |||||||
1 | in part by a school or school district.
| ||||||
2 | (Source: P.A. 99-816, eff. 8-15-16.)
| ||||||
3 | (720 ILCS 5/24-1.7) | ||||||
4 | Sec. 24-1.7. Armed habitual criminal. | ||||||
5 | (a) A person commits the offense of being an armed | ||||||
6 | habitual
criminal if he or she receives, sells, possesses, or | ||||||
7 | transfers
any firearm after having been convicted a total of 2 | ||||||
8 | or more
times of any combination of the following offenses: | ||||||
9 | (1) a forcible felony as defined in Section 2-8 of | ||||||
10 | this Code; | ||||||
11 | (2) unlawful use of a weapon by a felon; aggravated | ||||||
12 | unlawful use of a weapon; aggravated discharge of a | ||||||
13 | firearm; vehicular hijacking; aggravated vehicular | ||||||
14 | hijacking; aggravated battery of a child as described in | ||||||
15 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
16 | intimidation; aggravated intimidation; gunrunning; home | ||||||
17 | invasion; or aggravated battery with a firearm as | ||||||
18 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
19 | (e)(3), or (e)(4) of Section 12-3.05; or | ||||||
20 | (3) any violation of the Illinois Controlled | ||||||
21 | Substances
Act or the Cannabis Control Act that is | ||||||
22 | punishable as a Class 3
felony or higher. | ||||||
23 | (b) Sentence. Being an armed habitual criminal is a Class | ||||||
24 | X
felony for a first offense for which a term of imprisonment | ||||||
25 | of not less than 10 years and not more than 30 years shall be |
| |||||||
| |||||||
1 | imposed. A second or subsequent offense is a Class X felony for | ||||||
2 | which a term of natural life imprisonment shall be imposed .
| ||||||
3 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
4 | (720 ILCS 5/24-3.7) | ||||||
5 | Sec. 24-3.7. Use of a stolen or illegally acquired firearm | ||||||
6 | in the commission of an offense. | ||||||
7 | (a) A person commits the offense of use of a stolen or | ||||||
8 | illegally acquired firearm in the commission of an offense | ||||||
9 | when he or she knowingly uses a stolen or illegally acquired | ||||||
10 | firearm in the commission of any offense and the person knows | ||||||
11 | that the firearm was stolen or illegally acquired . | ||||||
12 | (b) Sentence. Use of a stolen or illegally acquired | ||||||
13 | firearm in the commission of an offense is a Class X felony for | ||||||
14 | a first offense for which a term of imprisonment of not less | ||||||
15 | than 10 years shall be imposed. A second or subsequent offense | ||||||
16 | is a Class X felony for which a term of natural life | ||||||
17 | imprisonment shall be imposed 2 felony .
| ||||||
18 | (c) "Illegally acquired firearm" means a firearm acquired | ||||||
19 | in violation of Section 24-3. | ||||||
20 | (Source: P.A. 96-190, eff. 1-1-10.) | ||||||
21 | Section 10. The Unified Code of Corrections is amended by | ||||||
22 | changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows: | ||||||
23 | (730 ILCS 5/5-4.5-110) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2023) | ||||||
2 | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | ||||||
3 | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | ||||||
4 | (a) DEFINITIONS. For the purposes of this Section: | ||||||
5 | "Firearm" has the meaning ascribed to it in Section | ||||||
6 | 1.1 of the Firearm Owners Identification Card Act. | ||||||
7 | "Qualifying predicate offense" means the following | ||||||
8 | offenses under the Criminal Code of 2012: | ||||||
9 | (A) aggravated unlawful use of a weapon under | ||||||
10 | Section 24-1.6 or similar offense under the Criminal | ||||||
11 | Code of 1961, when the weapon is a firearm; | ||||||
12 | (B) unlawful use or possession of a weapon by a | ||||||
13 | felon under Section 24-1.1 or similar offense under | ||||||
14 | the Criminal Code of 1961, when the
weapon is a | ||||||
15 | firearm; | ||||||
16 | (C) first degree murder under Section 9-1 or | ||||||
17 | similar offense under the Criminal Code of 1961; | ||||||
18 | (D) attempted first degree murder with a firearm | ||||||
19 | or similar offense under the Criminal Code of 1961; | ||||||
20 | (E) aggravated kidnapping with a firearm under | ||||||
21 | paragraph (6) or (7) of subsection (a) of Section 10-2 | ||||||
22 | or similar offense under the Criminal Code of 1961; | ||||||
23 | (F) aggravated battery with a firearm under | ||||||
24 | subsection (e) of Section 12-3.05 or similar offense | ||||||
25 | under the Criminal Code of 1961; | ||||||
26 | (G) aggravated criminal sexual assault under |
| |||||||
| |||||||
1 | Section 11-1.30 or similar offense under the Criminal | ||||||
2 | Code of 1961; | ||||||
3 | (H) predatory criminal sexual assault of a child | ||||||
4 | under Section 11-1.40 or similar offense under the | ||||||
5 | Criminal Code of 1961; | ||||||
6 | (I) armed robbery under Section 18-2 or similar | ||||||
7 | offense under the Criminal Code of 1961; | ||||||
8 | (J) vehicular hijacking under Section 18-3 or | ||||||
9 | similar offense under the Criminal Code of 1961; | ||||||
10 | (K) aggravated vehicular hijacking under Section | ||||||
11 | 18-4 or similar offense under the Criminal Code of | ||||||
12 | 1961; | ||||||
13 | (L) home invasion with a firearm under paragraph | ||||||
14 | (3), (4), or (5) of subsection (a) of Section 19-6 or | ||||||
15 | similar offense under the Criminal Code of 1961; | ||||||
16 | (M) aggravated discharge of a firearm under | ||||||
17 | Section 24-1.2 or similar offense under the Criminal | ||||||
18 | Code of 1961; | ||||||
19 | (N) aggravated discharge of a machine gun or a | ||||||
20 | firearm equipped with a device
designed or used for | ||||||
21 | silencing the report of a firearm under Section | ||||||
22 | 24-1.2-5 or similar offense under the Criminal Code of | ||||||
23 | 1961; | ||||||
24 | (0) unlawful use of firearm projectiles under | ||||||
25 | Section 24-2.1 or similar offense under the Criminal | ||||||
26 | Code of 1961; |
| |||||||
| |||||||
1 | (P) manufacture, sale, or transfer of bullets or | ||||||
2 | shells represented to be armor piercing
bullets, | ||||||
3 | dragon's breath shotgun shells, bolo shells, or | ||||||
4 | flechette shells under Section 24-2.2 or similar | ||||||
5 | offense under the Criminal Code of 1961; | ||||||
6 | (Q) unlawful sale or delivery of firearms under | ||||||
7 | Section 24-3 or similar offense under the Criminal | ||||||
8 | Code of 1961; | ||||||
9 | (R) unlawful discharge of firearm projectiles | ||||||
10 | under Section 24-3.2 or similar offense under the | ||||||
11 | Criminal Code of 1961; | ||||||
12 | (S) unlawful sale or delivery of firearms on | ||||||
13 | school premises of any school under Section 24-3.3 or | ||||||
14 | similar offense under the Criminal Code of 1961; | ||||||
15 | (T) unlawful purchase of a firearm under Section | ||||||
16 | 24-3.5 or similar offense under the Criminal Code of | ||||||
17 | 1961; | ||||||
18 | (U) use of a stolen or illegally acquired firearm | ||||||
19 | in the commission of an offense under Section 24-3.7 | ||||||
20 | or similar offense under the Criminal Code of 1961; | ||||||
21 | (V) possession of a stolen firearm under Section | ||||||
22 | 24-3.8 or similar offense under the Criminal Code of | ||||||
23 | 1961; | ||||||
24 | (W) aggravated possession of a stolen firearm | ||||||
25 | under Section 24-3.9 or similar offense under the | ||||||
26 | Criminal Code of 1961; |
| |||||||
| |||||||
1 | (X) gunrunning under Section 24-3A or similar | ||||||
2 | offense under the Criminal Code of 1961; | ||||||
3 | (Y) defacing identification marks of firearms | ||||||
4 | under Section 24-5 or similar offense under the | ||||||
5 | Criminal Code of 1961; and | ||||||
6 | (Z) armed violence under Section 33A-2 or similar | ||||||
7 | offense under the Criminal Code of 1961. | ||||||
8 | (b) APPLICABILITY. For an offense committed on or after | ||||||
9 | the effective date of this amendatory Act of the 100th General | ||||||
10 | Assembly and before January 1, 2023, when a person is | ||||||
11 | convicted of unlawful use or possession of a weapon by a felon, | ||||||
12 | when the weapon is a firearm, or aggravated unlawful use of a | ||||||
13 | weapon, when the weapon is a firearm, after being previously | ||||||
14 | convicted of a qualifying predicate offense the person shall | ||||||
15 | be subject to the sentencing guidelines under this Section. | ||||||
16 | (c) SENTENCING GUIDELINES. | ||||||
17 | (1) When a person is convicted of unlawful use or | ||||||
18 | possession of a weapon by a felon, when the weapon is a | ||||||
19 | firearm, and that person has been previously convicted of | ||||||
20 | a qualifying predicate offense, the person shall be | ||||||
21 | sentenced to a term of imprisonment within the sentencing | ||||||
22 | range of not less than 7 years and not more than 14 years, | ||||||
23 | unless the court finds that a departure from the | ||||||
24 | sentencing guidelines under this paragraph is warranted | ||||||
25 | under subsection (d) of this Section. | ||||||
26 | (2) When a person is convicted of aggravated unlawful |
| |||||||
| |||||||
1 | use of a weapon, when the weapon is a firearm, and that | ||||||
2 | person has been previously convicted of a qualifying | ||||||
3 | predicate offense, the person shall be sentenced to a term | ||||||
4 | of imprisonment within the sentencing range of not less | ||||||
5 | than 6 years and not more than 7 years, unless the court | ||||||
6 | finds that a departure from the sentencing guidelines | ||||||
7 | under this paragraph is warranted under subsection (d) of | ||||||
8 | this Section. | ||||||
9 | (3) The sentencing guidelines in paragraphs (1) and | ||||||
10 | (2) of this subsection (c) apply only to offenses | ||||||
11 | committed on and after the effective date of this | ||||||
12 | amendatory Act of the 100th General Assembly and before | ||||||
13 | January 1, 2023. | ||||||
14 | (d) DEPARTURE FROM SENTENCING GUIDELINES. | ||||||
15 | (1) At the sentencing hearing conducted under Section | ||||||
16 | 5-4-1 of this Code, the court may depart from the
| ||||||
17 | sentencing guidelines provided in subsection (c) of this | ||||||
18 | Section and impose a sentence
otherwise authorized by law | ||||||
19 | for the offense if the court, after considering any factor | ||||||
20 | under paragraph (2) of this subsection (d) relevant to the | ||||||
21 | nature and
circumstances of the crime and to the history | ||||||
22 | and character of the defendant, finds on the record
| ||||||
23 | substantial and compelling justification that the sentence | ||||||
24 | within the sentencing guidelines would be unduly harsh and
| ||||||
25 | that a sentence otherwise authorized by law would be | ||||||
26 | consistent with public
safety and does not deprecate the |
| |||||||
| |||||||
1 | seriousness of the offense. | ||||||
2 | (2) In deciding whether to depart from the sentencing | ||||||
3 | guidelines under this paragraph, the court shall
consider: | ||||||
4 | (A) the age, immaturity, or limited mental | ||||||
5 | capacity of the defendant at the time of
commission of | ||||||
6 | the qualifying predicate or current offense, including | ||||||
7 | whether the defendant
was suffering from a mental or | ||||||
8 | physical condition insufficient to constitute a
| ||||||
9 | defense but significantly reduced the defendant's | ||||||
10 | culpability; | ||||||
11 | (B) the nature and circumstances of the qualifying | ||||||
12 | predicate offense; | ||||||
13 | (C) the time elapsed since the qualifying | ||||||
14 | predicate offense; | ||||||
15 | (D) the nature and circumstances of the current | ||||||
16 | offense; | ||||||
17 | (E) the defendant's prior criminal history; | ||||||
18 | (F) whether the defendant committed the qualifying | ||||||
19 | predicate or current offense under
specific and | ||||||
20 | credible duress, coercion, threat, or compulsion; | ||||||
21 | (G) whether the defendant aided in the | ||||||
22 | apprehension of another felon or testified
truthfully | ||||||
23 | on behalf of another prosecution of a felony; and | ||||||
24 | (H) whether departure is in the interest of the | ||||||
25 | person's rehabilitation, including employment or | ||||||
26 | educational or vocational training, after taking into |
| |||||||
| |||||||
1 | account any past rehabilitation efforts or | ||||||
2 | dispositions of probation or supervision, and the | ||||||
3 | defendant's cooperation or response to rehabilitation. | ||||||
4 | (3) When departing from the sentencing guidelines | ||||||
5 | under this Section, the court shall specify on the record, | ||||||
6 | the particular evidence, information, factor or factors, | ||||||
7 | or other reasons which led to the departure from the | ||||||
8 | sentencing guidelines. When departing from the sentencing | ||||||
9 | range in accordance with this subsection (d), the court | ||||||
10 | shall indicate on the sentencing order which departure | ||||||
11 | factor or factors outlined in paragraph (2) of this | ||||||
12 | subsection (d) led to the sentence imposed. The sentencing | ||||||
13 | order shall be filed with the clerk of the court and shall | ||||||
14 | be a public record. | ||||||
15 | (e) This Section is repealed on January 1, 2023.
| ||||||
16 | (Source: P.A. 100-3, eff. 1-1-18 .)
| ||||||
17 | (730 ILCS 5/5-5-3)
| ||||||
18 | Sec. 5-5-3. Disposition.
| ||||||
19 | (a) (Blank).
| ||||||
20 | (b) (Blank).
| ||||||
21 | (c) (1) (Blank).
| ||||||
22 | (2) A period of probation, a term of periodic imprisonment | ||||||
23 | or
conditional discharge shall not be imposed for the | ||||||
24 | following offenses.
The court shall sentence the offender to | ||||||
25 | not less than the minimum term
of imprisonment set forth in |
| |||||||
| |||||||
1 | this Code for the following offenses, and
may order a fine or | ||||||
2 | restitution or both in conjunction with such term of
| ||||||
3 | imprisonment:
| ||||||
4 | (A) First degree murder where the death penalty is not | ||||||
5 | imposed.
| ||||||
6 | (B) Attempted first degree murder.
| ||||||
7 | (C) A Class X felony.
| ||||||
8 | (D) A violation of Section 401.1 or 407 of the
| ||||||
9 | Illinois Controlled Substances Act, or a violation of | ||||||
10 | subdivision (c)(1.5) of
Section 401 of that Act which | ||||||
11 | relates to more than 5 grams of a substance
containing | ||||||
12 | fentanyl or an analog thereof.
| ||||||
13 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
14 | of the Illinois Controlled Substances Act which relates to | ||||||
15 | 3 or more grams of a substance
containing heroin or an | ||||||
16 | analog thereof. | ||||||
17 | (E) (Blank).
| ||||||
18 | (F) A Class 1 or greater felony if the offender had | ||||||
19 | been convicted
of a Class 1 or greater felony, including | ||||||
20 | any state or federal conviction for an offense that | ||||||
21 | contained, at the time it was committed, the same elements | ||||||
22 | as an offense now (the date of the offense committed after | ||||||
23 | the prior Class 1 or greater felony) classified as a Class | ||||||
24 | 1 or greater felony, within 10 years of the date on which | ||||||
25 | the
offender
committed the offense for which he or she is | ||||||
26 | being sentenced, except as
otherwise provided in Section |
| |||||||
| |||||||
1 | 40-10 of the Substance Use Disorder Act.
| ||||||
2 | (F-3) A Class 2 or greater felony sex offense or | ||||||
3 | felony firearm offense if the offender had been convicted | ||||||
4 | of a Class 2 or greater felony, including any state or | ||||||
5 | federal conviction for an offense that contained, at the | ||||||
6 | time it was committed, the same elements as an offense now | ||||||
7 | (the date of the offense committed after the prior Class 2 | ||||||
8 | or greater felony) classified as a Class 2 or greater | ||||||
9 | felony, within 10 years of the date on which the offender | ||||||
10 | committed the offense for which he or she is being | ||||||
11 | sentenced, except as otherwise provided in Section 40-10 | ||||||
12 | of the Substance Use Disorder Act. | ||||||
13 | (F-5) A violation of Section 18-4, 24-1, 24-1.1, | ||||||
14 | 24-1.2, or 24-1.6 , 24-1.7, 24-1.8, or 24-3.7 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
16 | which imprisonment is prescribed in those Sections. | ||||||
17 | (G) Residential burglary, except as otherwise provided | ||||||
18 | in Section 40-10
of the Substance Use Disorder Act.
| ||||||
19 | (H) Criminal sexual assault.
| ||||||
20 | (I) Aggravated battery of a senior citizen as | ||||||
21 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
22 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012.
| ||||||
24 | (J) A forcible felony if the offense was related to | ||||||
25 | the activities of an
organized gang.
| ||||||
26 | Before July 1, 1994, for the purposes of this |
| |||||||
| |||||||
1 | paragraph, "organized
gang" means an association of 5 or | ||||||
2 | more persons, with an established hierarchy,
that | ||||||
3 | encourages members of the association to perpetrate crimes | ||||||
4 | or provides
support to the members of the association who | ||||||
5 | do commit crimes.
| ||||||
6 | Beginning July 1, 1994, for the purposes of this | ||||||
7 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
8 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
9 | Prevention Act.
| ||||||
10 | (K) Vehicular hijacking.
| ||||||
11 | (L) A second or subsequent conviction for the offense | ||||||
12 | of hate crime
when the underlying offense upon which the | ||||||
13 | hate crime is based is felony
aggravated
assault or felony | ||||||
14 | mob action.
| ||||||
15 | (M) A second or subsequent conviction for the offense | ||||||
16 | of institutional
vandalism if the damage to the property | ||||||
17 | exceeds $300.
| ||||||
18 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
19 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
20 | Identification Card Act.
| ||||||
21 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
23 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
24 | or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
26 | (Q) A violation of subsection (b) or (b-5) of Section |
| |||||||
| |||||||
1 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
2 | Code of
1961 or the Criminal Code of 2012.
| ||||||
3 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
4 | of
1961 or the Criminal Code of 2012.
| ||||||
5 | (S) (Blank).
| ||||||
6 | (T) (Blank).
| ||||||
7 | (U) A second or subsequent violation of Section 6-303 | ||||||
8 | of the Illinois Vehicle Code committed while his or her | ||||||
9 | driver's license, permit, or privilege was revoked because | ||||||
10 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012, relating to the offense of | ||||||
12 | reckless homicide, or a similar provision of a law of | ||||||
13 | another state.
| ||||||
14 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
15 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
16 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
17 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
18 | Code of 2012 when the victim is under 13 years of age and | ||||||
19 | the defendant has previously been convicted under the laws | ||||||
20 | of this State or any other state of the offense of child | ||||||
21 | pornography, aggravated child pornography, aggravated | ||||||
22 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
23 | predatory criminal sexual assault of a child, or any of | ||||||
24 | the offenses formerly known as rape, deviate sexual | ||||||
25 | assault, indecent liberties with a child, or aggravated | ||||||
26 | indecent liberties with a child where the victim was under |
| |||||||
| |||||||
1 | the age of 18 years or an offense that is substantially | ||||||
2 | equivalent to those offenses. | ||||||
3 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012.
| ||||||
5 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
7 | (Y) A conviction for unlawful possession of a firearm | ||||||
8 | by a street gang member when the firearm was loaded or | ||||||
9 | contained firearm ammunition. | ||||||
10 | (Z) A Class 1 felony committed while he or she was | ||||||
11 | serving a term of probation or conditional discharge for a | ||||||
12 | felony. | ||||||
13 | (AA) Theft of property exceeding $500,000 and not | ||||||
14 | exceeding $1,000,000 in value. | ||||||
15 | (BB) Laundering of criminally derived property of a | ||||||
16 | value exceeding
$500,000. | ||||||
17 | (CC) Knowingly selling, offering for sale, holding for | ||||||
18 | sale, or using 2,000 or more counterfeit items or | ||||||
19 | counterfeit items having a retail value in the aggregate | ||||||
20 | of $500,000 or more. | ||||||
21 | (DD) A conviction for aggravated assault under | ||||||
22 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
24 | firearm is aimed toward the person against whom the | ||||||
25 | firearm is being used. | ||||||
26 | (EE) A conviction for a violation of paragraph (2) of |
| |||||||
| |||||||
1 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
2 | 2012. | ||||||
3 | (3) (Blank).
| ||||||
4 | (4) A minimum term of imprisonment of not less than 10
| ||||||
5 | consecutive days or 30 days of community service shall be | ||||||
6 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
7 | the Illinois Vehicle Code.
| ||||||
8 | (4.1) (Blank).
| ||||||
9 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
10 | this subsection (c), a
minimum of
100 hours of community | ||||||
11 | service shall be imposed for a second violation of
Section | ||||||
12 | 6-303
of the Illinois Vehicle Code.
| ||||||
13 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
14 | hours of community
service, as determined by the court, shall
| ||||||
15 | be imposed for a second violation of subsection (c) of Section | ||||||
16 | 6-303 of the
Illinois Vehicle Code.
| ||||||
17 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
18 | (4.9) of this
subsection (c), a
minimum term of imprisonment | ||||||
19 | of 30 days or 300 hours of community service, as
determined by | ||||||
20 | the court, shall
be imposed
for a third or subsequent | ||||||
21 | violation of Section 6-303 of the Illinois Vehicle
Code. The | ||||||
22 | court may give credit toward the fulfillment of community | ||||||
23 | service hours for participation in activities and treatment as | ||||||
24 | determined by court services.
| ||||||
25 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
26 | imposed for a third violation of subsection (c) of
Section |
| |||||||
| |||||||
1 | 6-303 of the Illinois Vehicle Code.
| ||||||
2 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
3 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
4 | shall be imposed for a
fourth or subsequent violation of | ||||||
5 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
6 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
7 | consecutive days, or 300 hours of community service, shall be | ||||||
8 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
9 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
10 | of that Section.
| ||||||
11 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
12 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
13 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
14 | Section. The person's driving privileges shall be revoked for | ||||||
15 | a period of not less than 5 years from the date of his or her | ||||||
16 | release from prison.
| ||||||
17 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
18 | not more than 15 years shall be imposed for a third violation | ||||||
19 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
20 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
21 | person's driving privileges shall be revoked for the remainder | ||||||
22 | of his or her life.
| ||||||
23 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
24 | shall be imposed, and the person shall be eligible for an | ||||||
25 | extended term sentence, for a fourth or subsequent violation | ||||||
26 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
2 | person's driving privileges shall be revoked for the remainder | ||||||
3 | of his or her life.
| ||||||
4 | (5) The court may sentence a corporation or unincorporated
| ||||||
5 | association convicted of any offense to:
| ||||||
6 | (A) a period of conditional discharge;
| ||||||
7 | (B) a fine;
| ||||||
8 | (C) make restitution to the victim under Section 5-5-6 | ||||||
9 | of this Code.
| ||||||
10 | (5.1) In addition to any other penalties imposed, and | ||||||
11 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
12 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
13 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
14 | permit, or privileges
suspended for at least 90 days but not | ||||||
15 | more than one year, if the violation
resulted in damage to the | ||||||
16 | property of another person.
| ||||||
17 | (5.2) In addition to any other penalties imposed, and | ||||||
18 | except as provided in paragraph (5.3), a person convicted
of | ||||||
19 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
20 | Vehicle Code
shall have his or her driver's license, permit, | ||||||
21 | or privileges suspended for at
least 180 days but not more than | ||||||
22 | 2 years, if the violation resulted in injury
to
another | ||||||
23 | person.
| ||||||
24 | (5.3) In addition to any other penalties imposed, a person | ||||||
25 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
26 | Illinois Vehicle Code shall have his or her driver's license,
|
| |||||||
| |||||||
1 | permit, or privileges suspended for 2 years, if the violation | ||||||
2 | resulted in the
death of another person.
| ||||||
3 | (5.4) In addition to any other penalties imposed, a person | ||||||
4 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
5 | Code shall have his or her driver's license, permit, or | ||||||
6 | privileges suspended for 3 months and until he or she has paid | ||||||
7 | a reinstatement fee of $100. | ||||||
8 | (5.5) In addition to any other penalties imposed, a person | ||||||
9 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
10 | Code during a period in which his or her driver's license, | ||||||
11 | permit, or privileges were suspended for a previous violation | ||||||
12 | of that Section shall have his or her driver's license, | ||||||
13 | permit, or privileges suspended for an additional 6 months | ||||||
14 | after the expiration of the original 3-month suspension and | ||||||
15 | until he or she has paid a reinstatement fee of $100.
| ||||||
16 | (6) (Blank).
| ||||||
17 | (7) (Blank).
| ||||||
18 | (8) (Blank).
| ||||||
19 | (9) A defendant convicted of a second or subsequent | ||||||
20 | offense of ritualized
abuse of a child may be sentenced to a | ||||||
21 | term of natural life imprisonment.
| ||||||
22 | (10) (Blank).
| ||||||
23 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
24 | first offense
and $2,000 for a second or subsequent offense | ||||||
25 | upon a person convicted of or
placed on supervision for | ||||||
26 | battery when the individual harmed was a sports
official or |
| |||||||
| |||||||
1 | coach at any level of competition and the act causing harm to | ||||||
2 | the
sports
official or coach occurred within an athletic | ||||||
3 | facility or within the immediate vicinity
of the athletic | ||||||
4 | facility at which the sports official or coach was an active
| ||||||
5 | participant
of the athletic contest held at the athletic | ||||||
6 | facility. For the purposes of
this paragraph (11), "sports | ||||||
7 | official" means a person at an athletic contest
who enforces | ||||||
8 | the rules of the contest, such as an umpire or referee; | ||||||
9 | "athletic facility" means an indoor or outdoor playing field | ||||||
10 | or recreational area where sports activities are conducted;
| ||||||
11 | and "coach" means a person recognized as a coach by the | ||||||
12 | sanctioning
authority that conducted the sporting event. | ||||||
13 | (12) A person may not receive a disposition of court | ||||||
14 | supervision for a
violation of Section 5-16 of the Boat | ||||||
15 | Registration and Safety Act if that
person has previously | ||||||
16 | received a disposition of court supervision for a
violation of | ||||||
17 | that Section.
| ||||||
18 | (13) A person convicted of or placed on court supervision | ||||||
19 | for an assault or aggravated assault when the victim and the | ||||||
20 | offender are family or household members as defined in Section | ||||||
21 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
22 | of domestic battery or aggravated domestic battery may be | ||||||
23 | required to attend a Partner Abuse Intervention Program under | ||||||
24 | protocols set forth by the Illinois Department of Human | ||||||
25 | Services under such terms and conditions imposed by the court. | ||||||
26 | The costs of such classes shall be paid by the offender.
|
| |||||||
| |||||||
1 | (d) In any case in which a sentence originally imposed is | ||||||
2 | vacated,
the case shall be remanded to the trial court. The | ||||||
3 | trial court shall
hold a hearing under Section 5-4-1 of this | ||||||
4 | Code
which may include evidence of the defendant's life, moral | ||||||
5 | character and
occupation during the time since the original | ||||||
6 | sentence was passed. The
trial court shall then impose | ||||||
7 | sentence upon the defendant. The trial
court may impose any | ||||||
8 | sentence which could have been imposed at the
original trial | ||||||
9 | subject to Section 5-5-4 of this Code.
If a sentence is vacated | ||||||
10 | on appeal or on collateral attack due to the
failure of the | ||||||
11 | trier of fact at trial to determine beyond a reasonable doubt
| ||||||
12 | the
existence of a fact (other than a prior conviction) | ||||||
13 | necessary to increase the
punishment for the offense beyond | ||||||
14 | the statutory maximum otherwise applicable,
either the | ||||||
15 | defendant may be re-sentenced to a term within the range | ||||||
16 | otherwise
provided or, if the State files notice of its | ||||||
17 | intention to again seek the
extended sentence, the defendant | ||||||
18 | shall be afforded a new trial.
| ||||||
19 | (e) In cases where prosecution for
aggravated criminal | ||||||
20 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
22 | of a defendant
who was a family member of the victim at the | ||||||
23 | time of the commission of the
offense, the court shall | ||||||
24 | consider the safety and welfare of the victim and
may impose a | ||||||
25 | sentence of probation only where:
| ||||||
26 | (1) the court finds (A) or (B) or both are |
| |||||||
| |||||||
1 | appropriate:
| ||||||
2 | (A) the defendant is willing to undergo a court | ||||||
3 | approved counseling
program for a minimum duration of | ||||||
4 | 2 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
| ||||||
20 | paying for such services, if the victim was under 18 years | ||||||
21 | of age at the
time the offense was committed and requires | ||||||
22 | counseling as a result of the
offense.
| ||||||
23 | Probation may be revoked or modified pursuant to Section | ||||||
24 | 5-6-4; except
where the court determines at the hearing that | ||||||
25 | the defendant violated a
condition of his or her probation | ||||||
26 | restricting contact with the victim or
other family members or |
| |||||||
| |||||||
1 | commits another offense with the victim or other
family | ||||||
2 | members, the court shall revoke the defendant's probation and
| ||||||
3 | impose a term of imprisonment.
| ||||||
4 | For the purposes of this Section, "family member" and | ||||||
5 | "victim" shall have
the meanings ascribed to them in Section | ||||||
6 | 11-0.1 of the Criminal Code of
2012.
| ||||||
7 | (f) (Blank).
| ||||||
8 | (g) Whenever a defendant is convicted of an offense under | ||||||
9 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
10 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
11 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
12 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
13 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
15 | testing to
determine whether the defendant has any sexually | ||||||
16 | transmissible disease,
including a test for infection with | ||||||
17 | human immunodeficiency virus (HIV) or
any other identified | ||||||
18 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
19 | Any such medical test shall be performed only by appropriately
| ||||||
20 | licensed medical practitioners and may include an analysis of | ||||||
21 | any bodily
fluids as well as an examination of the defendant's | ||||||
22 | person.
Except as otherwise provided by law, the results of | ||||||
23 | such test shall be kept
strictly confidential by all medical | ||||||
24 | personnel involved in the testing and must
be personally | ||||||
25 | delivered in a sealed envelope to the judge of the court in | ||||||
26 | which
the conviction was entered for the judge's inspection in |
| |||||||
| |||||||
1 | camera. Acting in
accordance with the best interests of the | ||||||
2 | victim and the public, the judge
shall have the discretion to | ||||||
3 | determine to whom, if anyone, the results of the
testing may be | ||||||
4 | revealed. The court shall notify the defendant
of the test | ||||||
5 | results. The court shall
also notify the victim if requested | ||||||
6 | by the victim, and if the victim is under
the age of 15 and if | ||||||
7 | requested by the victim's parents or legal guardian, the
court | ||||||
8 | shall notify the victim's parents or legal guardian of the | ||||||
9 | test
results.
The court shall provide information on the | ||||||
10 | availability of HIV testing
and counseling at Department of | ||||||
11 | Public Health facilities to all parties to
whom the results of | ||||||
12 | the testing are revealed and shall direct the State's
Attorney | ||||||
13 | to provide the information to the victim when possible.
A | ||||||
14 | State's Attorney may petition the court to obtain the results | ||||||
15 | of any HIV test
administered under this Section, and the court | ||||||
16 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
17 | relevant in order to prosecute a charge of
criminal | ||||||
18 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
20 | defendant. The court shall order that the cost of any such test
| ||||||
21 | shall be paid by the county and may be taxed as costs against | ||||||
22 | the convicted
defendant.
| ||||||
23 | (g-5) When an inmate is tested for an airborne | ||||||
24 | communicable disease, as
determined by the Illinois Department | ||||||
25 | of Public Health including but not
limited to tuberculosis, | ||||||
26 | the results of the test shall be
personally delivered by the |
| |||||||
| |||||||
1 | warden or his or her designee in a sealed envelope
to the judge | ||||||
2 | of the court in which the inmate must appear for the judge's
| ||||||
3 | inspection in camera if requested by the judge. Acting in | ||||||
4 | accordance with the
best interests of those in the courtroom, | ||||||
5 | the judge shall have the discretion
to determine what if any | ||||||
6 | precautions need to be taken to prevent transmission
of the | ||||||
7 | disease in the courtroom.
| ||||||
8 | (h) Whenever a defendant is convicted of an offense under | ||||||
9 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
10 | defendant shall undergo
medical testing to determine whether | ||||||
11 | the defendant has been exposed to human
immunodeficiency virus | ||||||
12 | (HIV) or any other identified causative agent of
acquired | ||||||
13 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
14 | by
law, the results of such test shall be kept strictly | ||||||
15 | confidential by all
medical personnel involved in the testing | ||||||
16 | and must be personally delivered in a
sealed envelope to the | ||||||
17 | judge of the court in which the conviction was entered
for the | ||||||
18 | judge's inspection in camera. Acting in accordance with the | ||||||
19 | best
interests of the public, the judge shall have the | ||||||
20 | discretion to determine to
whom, if anyone, the results of the | ||||||
21 | testing may be revealed. The court shall
notify the defendant | ||||||
22 | of a positive test showing an infection with the human
| ||||||
23 | immunodeficiency virus (HIV). The court shall provide | ||||||
24 | information on the
availability of HIV testing and counseling | ||||||
25 | at Department of Public Health
facilities to all parties to | ||||||
26 | whom the results of the testing are revealed and
shall direct |
| |||||||
| |||||||
1 | the State's Attorney to provide the information to the victim | ||||||
2 | when
possible. A State's Attorney may petition the court to | ||||||
3 | obtain the results of
any HIV test administered under this | ||||||
4 | Section, and the court shall grant the
disclosure if the | ||||||
5 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
6 | charge of criminal transmission of HIV under Section 12-5.01 | ||||||
7 | or 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
8 | 2012 against the defendant. The court shall order that the | ||||||
9 | cost of any
such test shall be paid by the county and may be | ||||||
10 | taxed as costs against the
convicted defendant.
| ||||||
11 | (i) All fines and penalties imposed under this Section for | ||||||
12 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
13 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
14 | any violation
of the Child Passenger Protection Act, or a | ||||||
15 | similar provision of a local
ordinance, shall be collected and | ||||||
16 | disbursed by the circuit
clerk as provided under the Criminal | ||||||
17 | and Traffic Assessment Act.
| ||||||
18 | (j) In cases when prosecution for any violation of Section | ||||||
19 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
20 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
21 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
22 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
23 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012, any violation of the Illinois Controlled | ||||||
25 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
26 | any violation of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act results in conviction, a
disposition of court | ||||||
2 | supervision, or an order of probation granted under
Section 10 | ||||||
3 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
4 | Controlled Substances Act, or Section 70 of the | ||||||
5 | Methamphetamine Control and Community Protection Act of a | ||||||
6 | defendant, the court shall determine whether the
defendant is | ||||||
7 | employed by a facility or center as defined under the Child | ||||||
8 | Care
Act of 1969, a public or private elementary or secondary | ||||||
9 | school, or otherwise
works with children under 18 years of age | ||||||
10 | on a daily basis. When a defendant
is so employed, the court | ||||||
11 | shall order the Clerk of the Court to send a copy of
the | ||||||
12 | judgment of conviction or order of supervision or probation to | ||||||
13 | the
defendant's employer by certified mail.
If the employer of | ||||||
14 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
15 | the mailing of a copy of the judgment of conviction or order of
| ||||||
16 | supervision or probation to the appropriate regional | ||||||
17 | superintendent of schools.
The regional superintendent of | ||||||
18 | schools shall notify the State Board of
Education of any | ||||||
19 | notification under this subsection.
| ||||||
20 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
21 | of a felony and
who has not been previously convicted of a | ||||||
22 | misdemeanor or felony and who is
sentenced to a term of | ||||||
23 | imprisonment in the Illinois Department of Corrections
shall | ||||||
24 | as a condition of his or her sentence be required by the court | ||||||
25 | to attend
educational courses designed to prepare the | ||||||
26 | defendant for a high school diploma
and to work toward a high |
| |||||||
| |||||||
1 | school diploma or to work toward passing high school | ||||||
2 | equivalency testing or to work toward
completing a vocational | ||||||
3 | training program offered by the Department of
Corrections. If | ||||||
4 | a defendant fails to complete the educational training
| ||||||
5 | required by his or her sentence during the term of | ||||||
6 | incarceration, the Prisoner
Review Board shall, as a condition | ||||||
7 | of mandatory supervised release, require the
defendant, at his | ||||||
8 | or her own expense, to pursue a course of study toward a high
| ||||||
9 | school diploma or passage of high school equivalency testing. | ||||||
10 | The Prisoner Review Board shall
revoke the mandatory | ||||||
11 | supervised release of a defendant who wilfully fails to
comply | ||||||
12 | with this subsection (j-5) upon his or her release from | ||||||
13 | confinement in a
penal institution while serving a mandatory | ||||||
14 | supervised release term; however,
the inability of the | ||||||
15 | defendant after making a good faith effort to obtain
financial | ||||||
16 | aid or pay for the educational training shall not be deemed a | ||||||
17 | wilful
failure to comply. The Prisoner Review Board shall | ||||||
18 | recommit the defendant
whose mandatory supervised release term | ||||||
19 | has been revoked under this subsection
(j-5) as provided in | ||||||
20 | Section 3-3-9. This subsection (j-5) does not apply to a
| ||||||
21 | defendant who has a high school diploma or has successfully | ||||||
22 | passed high school equivalency testing. This subsection (j-5) | ||||||
23 | does not apply to a defendant who is determined by
the court to | ||||||
24 | be a person with a developmental disability or otherwise | ||||||
25 | mentally incapable of
completing the educational or vocational | ||||||
26 | program.
|
| |||||||
| |||||||
1 | (k) (Blank).
| ||||||
2 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
3 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
4 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
5 | misdemeanor offense, the court after sentencing the defendant
| ||||||
6 | may, upon motion of the State's Attorney, hold sentence in | ||||||
7 | abeyance and remand
the defendant to the custody of the | ||||||
8 | Attorney General of
the United States or his or her designated | ||||||
9 | agent to be deported when:
| ||||||
10 | (1) a final order of deportation has been issued | ||||||
11 | against the defendant
pursuant to proceedings under the | ||||||
12 | Immigration and Nationality Act, and
| ||||||
13 | (2) the deportation of the defendant would not | ||||||
14 | deprecate the seriousness
of the defendant's conduct and | ||||||
15 | would not be inconsistent with the ends of
justice.
| ||||||
16 | Otherwise, the defendant shall be sentenced as provided in | ||||||
17 | this Chapter V.
| ||||||
18 | (B) If the defendant has already been sentenced for a | ||||||
19 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
20 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
21 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
22 | Methamphetamine Control and Community Protection Act, the | ||||||
23 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
24 | sentence imposed, commit the defendant to the custody of the | ||||||
25 | Attorney General
of the United States or his or her designated | ||||||
26 | agent when:
|
| |||||||
| |||||||
1 | (1) a final order of deportation has been issued | ||||||
2 | against the defendant
pursuant to proceedings under the | ||||||
3 | Immigration and Nationality Act, and
| ||||||
4 | (2) the deportation of the defendant would not | ||||||
5 | deprecate the seriousness
of the defendant's conduct and | ||||||
6 | would not be inconsistent with the ends of
justice.
| ||||||
7 | (C) This subsection (l) does not apply to offenders who | ||||||
8 | are subject to the
provisions of paragraph (2) of subsection | ||||||
9 | (a) of Section 3-6-3.
| ||||||
10 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
11 | sentenced under
this Section returns to the jurisdiction of | ||||||
12 | the United States, the defendant
shall be recommitted to the | ||||||
13 | custody of the county from which he or she was
sentenced.
| ||||||
14 | Thereafter, the defendant shall be brought before the | ||||||
15 | sentencing court, which
may impose any sentence that was | ||||||
16 | available under Section 5-5-3 at the time of
initial | ||||||
17 | sentencing. In addition, the defendant shall not be eligible | ||||||
18 | for
additional earned sentence credit as provided under
| ||||||
19 | Section 3-6-3.
| ||||||
20 | (m) A person convicted of criminal defacement of property | ||||||
21 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, in which the property damage exceeds | ||||||
23 | $300
and the property damaged is a school building, shall be | ||||||
24 | ordered to perform
community service that may include cleanup, | ||||||
25 | removal, or painting over the
defacement.
| ||||||
26 | (n) The court may sentence a person convicted of a |
| |||||||
| |||||||
1 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
2 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
3 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
4 | incarceration program if the person is otherwise eligible for | ||||||
5 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
6 | or (iii) if the person has a substance use disorder, as defined
| ||||||
7 | in the Substance Use Disorder Act, to a treatment program
| ||||||
8 | licensed under that Act. | ||||||
9 | (o) Whenever a person is convicted of a sex offense as | ||||||
10 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
11 | defendant's driver's license or permit shall be subject to | ||||||
12 | renewal on an annual basis in accordance with the provisions | ||||||
13 | of license renewal established by the Secretary of State.
| ||||||
14 | (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; | ||||||
15 | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
| ||||||
16 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
17 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
18 | imprisonment.
| ||||||
19 | (a) Concurrent terms; multiple or additional sentences. | ||||||
20 | When an Illinois court (i) imposes multiple sentences of | ||||||
21 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
22 | sentence of imprisonment on a defendant who is already subject | ||||||
23 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
24 | court of another state, or a federal court, then the sentences | ||||||
25 | shall run concurrently unless otherwise determined by the |
| |||||||
| |||||||
1 | Illinois court under this Section. | ||||||
2 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
3 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
4 | felony and sentenced to imprisonment shall be transferred to | ||||||
5 | the Department of Corrections, and the misdemeanor sentence | ||||||
6 | shall be merged in and run concurrently with the felony | ||||||
7 | sentence. | ||||||
8 | (c) Consecutive terms; permissive. The court may impose | ||||||
9 | consecutive sentences in any of the following circumstances: | ||||||
10 | (1) If, having regard to the nature and circumstances | ||||||
11 | of the offense and the history
and character of the | ||||||
12 | defendant, it is the opinion of the court that consecutive | ||||||
13 | sentences are
required to protect the public from further | ||||||
14 | criminal conduct by the defendant, the basis for which the | ||||||
15 | court shall set forth in the record. | ||||||
16 | (2) If one of the offenses for which a defendant was | ||||||
17 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
18 | false personation of a peace officer) of the Criminal Code | ||||||
19 | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
20 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
22 | offense was committed in attempting or committing a | ||||||
23 | forcible felony.
| ||||||
24 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
25 | consecutive sentences in each of the following circumstances: | ||||||
26 | (1) One of the offenses for which the defendant was |
| |||||||
| |||||||
1 | convicted was first degree
murder or a Class X or Class 1 | ||||||
2 | felony and the defendant inflicted severe bodily injury. | ||||||
3 | (2) The defendant was convicted of a violation of | ||||||
4 | Section 11-1.20 or 12-13 (criminal sexual
assault), | ||||||
5 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
6 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
7 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
9 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
10 | 5/12-14.1). | ||||||
11 | (2.5) The defendant was convicted of a violation of | ||||||
12 | paragraph (1), (2), (3), (4), (5), or (7) of subsection | ||||||
13 | (a) of Section 11-20.1 (child pornography) or of paragraph | ||||||
14 | (1), (2), (3), (4), (5), or (7) of subsection (a) of | ||||||
15 | Section 11-20.1B or 11-20.3 (aggravated child pornography) | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
17 | or the defendant was convicted of a violation of paragraph | ||||||
18 | (6) of subsection (a) of Section 11-20.1 (child | ||||||
19 | pornography) or of paragraph (6) of subsection (a) of | ||||||
20 | Section 11-20.1B or 11-20.3 (aggravated child pornography) | ||||||
21 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
22 | when the child depicted is under the age of 13. | ||||||
23 | (3) The defendant was convicted of armed violence | ||||||
24 | based upon the predicate
offense of any of the following: | ||||||
25 | solicitation of murder, solicitation of murder for hire, | ||||||
26 | heinous battery as described in Section 12-4.1 or |
| |||||||
| |||||||
1 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
2 | of a senior citizen as described in Section 12-4.6 or | ||||||
3 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
4 | assault, a violation of subsection (g) of Section 5 of the | ||||||
5 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
6 | trafficking, a violation of subsection (a) of Section 401 | ||||||
7 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
8 | 570/401), controlled substance trafficking involving a | ||||||
9 | Class X felony amount of controlled substance under | ||||||
10 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
11 | ILCS 570/401), a violation of the Methamphetamine Control | ||||||
12 | and Community Protection Act (720 ILCS 646/), calculated | ||||||
13 | criminal drug conspiracy, or streetgang criminal drug | ||||||
14 | conspiracy. | ||||||
15 | (4) The defendant was convicted of the offense of | ||||||
16 | leaving the scene of a motor
vehicle accident involving | ||||||
17 | death or personal injuries under Section 11-401 of the | ||||||
18 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
19 | aggravated driving under the influence of alcohol, other | ||||||
20 | drug or drugs, or intoxicating compound or compounds, or | ||||||
21 | any combination thereof under Section 11-501 of the | ||||||
22 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
23 | homicide under Section 9-3 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||||||
25 | offense described in item (A) and an offense described in | ||||||
26 | item (B). |
| |||||||
| |||||||
1 | (5) The defendant was convicted of a violation of | ||||||
2 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
3 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
4 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
5 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
6 | (5.5) The defendant was convicted of a violation of | ||||||
7 | Section 24-3.7 (use of a stolen or illegally acquired | ||||||
8 | firearm in the commission of an offense) of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012. | ||||||
10 | (6) If the defendant was in the custody of the | ||||||
11 | Department of Corrections at the
time of the commission of | ||||||
12 | the offense, the sentence shall be served consecutive to | ||||||
13 | the sentence under which the defendant is held by the | ||||||
14 | Department of Corrections. If, however, the defendant is | ||||||
15 | sentenced to punishment by death, the sentence shall be | ||||||
16 | executed at such time as the court may fix without regard | ||||||
17 | to the sentence under which the defendant may be held by | ||||||
18 | the Department. | ||||||
19 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
20 | for escape or attempted escape shall be served
consecutive | ||||||
21 | to the terms under which the offender is held by the | ||||||
22 | Department of Corrections. | ||||||
23 | (8) If a person charged with a felony commits a | ||||||
24 | separate felony while on pretrial
release or in pretrial | ||||||
25 | detention in a county jail facility or county detention | ||||||
26 | facility, then the sentences imposed upon conviction of |
| |||||||
| |||||||
1 | these felonies shall be served consecutively regardless of | ||||||
2 | the order in which the judgments of conviction are | ||||||
3 | entered. | ||||||
4 | (8.5) If a person commits a battery against a county | ||||||
5 | correctional officer or sheriff's employee while serving a | ||||||
6 | sentence or in pretrial detention in a county jail | ||||||
7 | facility, then the sentence imposed upon conviction of the | ||||||
8 | battery shall be served consecutively with the sentence | ||||||
9 | imposed upon conviction of the earlier misdemeanor or | ||||||
10 | felony, regardless of the order in which the
judgments of | ||||||
11 | conviction are entered. | ||||||
12 | (9) If a person admitted to bail following conviction | ||||||
13 | of a felony commits a
separate felony while free on bond or | ||||||
14 | if a person detained in a county jail facility or county | ||||||
15 | detention facility following conviction of a felony | ||||||
16 | commits a separate felony while in detention, then any | ||||||
17 | sentence following conviction of the separate felony shall | ||||||
18 | be consecutive to that of the original sentence for which | ||||||
19 | the defendant was on bond or detained.
| ||||||
20 | (10) If a person is found to be in possession of an | ||||||
21 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
22 | Criminal Code of 2012, while serving a sentence in a | ||||||
23 | county jail or while in pre-trial detention in a county | ||||||
24 | jail, the sentence imposed upon conviction for the offense | ||||||
25 | of possessing contraband in a penal institution shall be | ||||||
26 | served consecutively to the sentence imposed for the |
| |||||||
| |||||||
1 | offense in which the person is serving sentence in the | ||||||
2 | county jail or serving pretrial detention, regardless of | ||||||
3 | the order in which the judgments of conviction are | ||||||
4 | entered. | ||||||
5 | (11) If a person is sentenced for a violation of bail | ||||||
6 | bond under Section 32-10 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012, any sentence imposed for that | ||||||
8 | violation shall be served
consecutive to the sentence | ||||||
9 | imposed for the charge for which bail had been
granted and | ||||||
10 | with respect to which the defendant has been convicted. | ||||||
11 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
12 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
13 | defendant and the defendant is subsequently sentenced to a | ||||||
14 | term of imprisonment by a court of another state or a federal | ||||||
15 | court, then the Illinois sentence shall run consecutively to | ||||||
16 | the sentence imposed by the court of the other state or the | ||||||
17 | federal court. That same Illinois court, however, may order | ||||||
18 | that the Illinois sentence run concurrently with the sentence | ||||||
19 | imposed by the court of the other state or the federal court, | ||||||
20 | but only if the defendant applies to that same Illinois court | ||||||
21 | within 30 days after the sentence imposed by the court of the | ||||||
22 | other state or the federal court is finalized. | ||||||
23 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
24 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
25 | sentences shall be determined as follows: | ||||||
26 | (1) For sentences imposed under law in effect prior to |
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1 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
2 | sentences shall not exceed the maximum term authorized | ||||||
3 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
4 | Chapter V for the 2 most serious felonies involved. The | ||||||
5 | aggregate minimum period of consecutive sentences shall | ||||||
6 | not exceed the highest minimum term authorized under | ||||||
7 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
8 | V for the 2 most serious felonies involved. When sentenced | ||||||
9 | only for misdemeanors, a defendant shall not be | ||||||
10 | consecutively sentenced to more than the maximum for one | ||||||
11 | Class A misdemeanor. | ||||||
12 | (2) For sentences imposed under the law in effect on | ||||||
13 | or after February 1, 1978,
the aggregate of consecutive | ||||||
14 | sentences for offenses that were committed as part of a | ||||||
15 | single
course of conduct during which there was no | ||||||
16 | substantial change in the nature of the criminal objective | ||||||
17 | shall not exceed the sum of the maximum terms authorized | ||||||
18 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
19 | felonies involved, but no such limitation shall apply for | ||||||
20 | offenses that were not committed as part of a single | ||||||
21 | course of conduct during which there was no substantial | ||||||
22 | change in the nature of the criminal objective. When | ||||||
23 | sentenced only for misdemeanors, a defendant shall not be | ||||||
24 | consecutively sentenced to more than the maximum for one | ||||||
25 | Class A misdemeanor.
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26 | (g) Consecutive terms; manner served. In determining the |
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1 | manner in which consecutive sentences of imprisonment, one or | ||||||
2 | more of which is for a felony, will be served, the Department | ||||||
3 | of Corrections shall treat the defendant as though he or she | ||||||
4 | had been committed for a single term subject to each of the | ||||||
5 | following: | ||||||
6 | (1) The maximum period of a term of imprisonment shall | ||||||
7 | consist of the aggregate
of the maximums of the imposed | ||||||
8 | indeterminate terms, if any, plus the aggregate of the | ||||||
9 | imposed determinate sentences for felonies, plus the | ||||||
10 | aggregate of the imposed determinate sentences for | ||||||
11 | misdemeanors, subject to subsection (f) of this Section. | ||||||
12 | (2) The parole or mandatory supervised release term | ||||||
13 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
14 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
15 | involved. | ||||||
16 | (3) The minimum period of imprisonment shall be the | ||||||
17 | aggregate of the minimum
and determinate periods of | ||||||
18 | imprisonment imposed by the court, subject to subsection | ||||||
19 | (f) of this Section. | ||||||
20 | (4) The defendant shall be awarded credit against the | ||||||
21 | aggregate maximum term
and the aggregate minimum term of | ||||||
22 | imprisonment for all time served in an institution since | ||||||
23 | the commission of the offense or offenses and as a | ||||||
24 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
25 | (730 ILCS 5/3-6-3).
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26 | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; |
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1 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. | ||||||
2 | 1-1-14.)
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