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1 | AN ACT concerning criminal law. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Child Care Act of 1969 is amended by | ||||||
5 | changing Section 4.2 as follows: | ||||||
6 | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2) | ||||||
7 | Sec. 4.2. (a) No applicant may receive a license from the | ||||||
8 | Department and no person may be employed by a licensed child | ||||||
9 | care facility who refuses to authorize an investigation as | ||||||
10 | required by Section 4.1. | ||||||
11 | (b) In addition to the other provisions of this Section, | ||||||
12 | no applicant may receive a license from the Department and no | ||||||
13 | person may be employed by a child care facility licensed by the | ||||||
14 | Department who has been declared a sexually dangerous person | ||||||
15 | under the Sexually Dangerous Persons Act, or convicted of | ||||||
16 | committing or attempting to commit any of the following | ||||||
17 | offenses stipulated under the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012: | ||||||
19 | (1) murder; | ||||||
20 | (1.1) solicitation of murder; | ||||||
21 | (1.2) solicitation of murder for hire; | ||||||
22 | (1.3) intentional homicide of an unborn child; | ||||||
23 | (1.4) voluntary manslaughter of an unborn child; |
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1 | (1.5) involuntary manslaughter; | ||||||
2 | (1.6) reckless homicide; | ||||||
3 | (1.7) concealment of a homicidal death; | ||||||
4 | (1.8) involuntary manslaughter of an unborn child; | ||||||
5 | (1.9) reckless homicide of an unborn child; | ||||||
6 | (1.10) drug-induced homicide; | ||||||
7 | (2) a sex offense under Article 11, except offenses | ||||||
8 | described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
9 | 11-40, and 11-45; | ||||||
10 | (3) kidnapping; | ||||||
11 | (3.1) aggravated unlawful restraint; | ||||||
12 | (3.2) forcible detention; | ||||||
13 | (3.3) harboring a runaway; | ||||||
14 | (3.4) aiding and abetting child abduction; | ||||||
15 | (4) aggravated kidnapping; | ||||||
16 | (5) child abduction; | ||||||
17 | (6) aggravated battery of a child as described in | ||||||
18 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; | ||||||
19 | (7) criminal sexual assault; | ||||||
20 | (8) aggravated criminal sexual assault; | ||||||
21 | (8.1) predatory criminal sexual assault of a child; | ||||||
22 | (9) criminal sexual abuse; | ||||||
23 | (10) aggravated sexual abuse; | ||||||
24 | (11) heinous battery as described in Section 12-4.1 or | ||||||
25 | subdivision (a)(2) of Section 12-3.05; | ||||||
26 | (12) aggravated battery with a firearm as described in |
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1 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
2 | (e)(4) of Section 12-3.05; | ||||||
3 | (13) tampering with food, drugs, or cosmetics; | ||||||
4 | (14) drug induced infliction of great bodily harm as | ||||||
5 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
6 | Section 12-3.05; | ||||||
7 | (15) hate crime; | ||||||
8 | (16) stalking; | ||||||
9 | (17) aggravated stalking; | ||||||
10 | (18) threatening public officials; | ||||||
11 | (19) home invasion; | ||||||
12 | (20) vehicular invasion; | ||||||
13 | (21) criminal transmission of HIV; | ||||||
14 | (22) criminal abuse or neglect of an elderly person or | ||||||
15 | person with a disability as described in Section 12-21 or | ||||||
16 | subsection (e) of Section 12-4.4a; | ||||||
17 | (23) child abandonment; | ||||||
18 | (24) endangering the life or health of a child; | ||||||
19 | (25) ritual mutilation; | ||||||
20 | (26) ritualized abuse of a child; | ||||||
21 | (27) an offense in any other jurisdiction the elements | ||||||
22 | of which are similar and bear a substantial relationship | ||||||
23 | to any of the foregoing offenses. | ||||||
24 | (b-1) In addition to the other provisions of this Section, | ||||||
25 | beginning January 1, 2004, no new applicant and, on the date of | ||||||
26 | licensure renewal, no current licensee may operate or receive |
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1 | a license from the Department to operate, no person may be | ||||||
2 | employed by, and no adult person may reside in a child care | ||||||
3 | facility licensed by the Department who has been convicted of | ||||||
4 | committing or attempting to commit any of the following | ||||||
5 | offenses or an offense in any other jurisdiction the elements | ||||||
6 | of which are similar and bear a substantial relationship to | ||||||
7 | any of the following offenses: | ||||||
8 | (I) BODILY HARM | ||||||
9 | (1) Felony aggravated assault. | ||||||
10 | (2) Vehicular endangerment. | ||||||
11 | (3) Felony domestic battery. | ||||||
12 | (4) Aggravated battery. | ||||||
13 | (5) Heinous battery. | ||||||
14 | (6) Aggravated battery with a firearm. | ||||||
15 | (7) Aggravated battery of an unborn child. | ||||||
16 | (8) Aggravated battery of a senior citizen. | ||||||
17 | (9) Intimidation. | ||||||
18 | (10) Compelling organization membership of persons. | ||||||
19 | (11) Abuse and criminal neglect of a long term care | ||||||
20 | facility resident. | ||||||
21 | (12) Felony violation of an order of protection. | ||||||
22 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY |
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1 | (1) Felony unlawful possession use of weapons. | ||||||
2 | (2) Aggravated discharge of a firearm. | ||||||
3 | (3) Reckless discharge of a firearm. | ||||||
4 | (4) Unlawful use of metal piercing bullets. | ||||||
5 | (5) Unlawful sale or delivery of firearms on the | ||||||
6 | premises of any school. | ||||||
7 | (6) Disarming a police officer. | ||||||
8 | (7) Obstructing justice. | ||||||
9 | (8) Concealing or aiding a fugitive. | ||||||
10 | (9) Armed violence. | ||||||
11 | (10) Felony contributing to the criminal delinquency | ||||||
12 | of a juvenile. | ||||||
13 | (III) DRUG OFFENSES | ||||||
14 | (1) Possession of more than 30 grams of cannabis. | ||||||
15 | (2) Manufacture of more than 10 grams of cannabis. | ||||||
16 | (3) Cannabis trafficking. | ||||||
17 | (4) Delivery of cannabis on school grounds. | ||||||
18 | (5) Unauthorized production of more than 5 cannabis | ||||||
19 | sativa plants. | ||||||
20 | (6) Calculated criminal cannabis conspiracy. | ||||||
21 | (7) Unauthorized manufacture or delivery of controlled | ||||||
22 | substances. | ||||||
23 | (8) Controlled substance trafficking. | ||||||
24 | (9) Manufacture, distribution, or advertisement of |
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1 | look-alike substances. | ||||||
2 | (10) Calculated criminal drug conspiracy. | ||||||
3 | (11) Street gang criminal drug conspiracy. | ||||||
4 | (12) Permitting unlawful use of a building. | ||||||
5 | (13) Delivery of controlled, counterfeit, or | ||||||
6 | look-alike substances to persons under age 18, or at truck | ||||||
7 | stops, rest stops, or safety rest areas, or on school | ||||||
8 | property. | ||||||
9 | (14) Using, engaging, or employing persons under 18 to | ||||||
10 | deliver controlled, counterfeit, or look-alike substances. | ||||||
11 | (15) Delivery of controlled substances. | ||||||
12 | (16) Sale or delivery of drug paraphernalia. | ||||||
13 | (17) Felony possession, sale, or exchange of | ||||||
14 | instruments adapted for use of a controlled substance, | ||||||
15 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
16 | (18) Felony possession of a controlled substance. | ||||||
17 | (19) Any violation of the Methamphetamine Control and | ||||||
18 | Community Protection Act. | ||||||
19 | (b-1.5) In addition to any other provision of this | ||||||
20 | Section, for applicants with access to confidential financial | ||||||
21 | information or who submit documentation to support billing, | ||||||
22 | the Department may, in its discretion, deny or refuse to renew | ||||||
23 | a license to an applicant who has been convicted of committing | ||||||
24 | or attempting to commit any of the following felony offenses: | ||||||
25 | (1) financial institution fraud under Section 17-10.6 | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012; |
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1 | (2) identity theft under Section 16-30 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012; | ||||||
3 | (3) financial exploitation of an elderly person or a | ||||||
4 | person with a disability under Section 17-56 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
6 | (4) computer tampering under Section 17-51 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
8 | (5) aggravated computer tampering under Section 17-52 | ||||||
9 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
10 | (6) computer fraud under Section 17-50 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012; | ||||||
12 | (7) deceptive practices under Section 17-1 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
14 | (8) forgery under Section 17-3 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012; | ||||||
16 | (9) State benefits fraud under Section 17-6 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
18 | (10) mail fraud and wire fraud under Section 17-24 of | ||||||
19 | the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
20 | (11) theft under paragraphs (1.1) through (11) of | ||||||
21 | subsection (b) of Section 16-1 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012. | ||||||
23 | (b-2) Notwithstanding subsection (b-1), the Department may | ||||||
24 | make an exception and, for child care facilities other than | ||||||
25 | foster family homes, issue a new child care facility license | ||||||
26 | to or renew the existing child care facility license of an |
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1 | applicant, a person employed by a child care facility, or an | ||||||
2 | applicant who has an adult residing in a home child care | ||||||
3 | facility who was convicted of an offense described in | ||||||
4 | subsection (b-1), provided that all of the following | ||||||
5 | requirements are met: | ||||||
6 | (1) The relevant criminal offense occurred more than 5 | ||||||
7 | years prior to the date of application or renewal, except | ||||||
8 | for drug offenses. The relevant drug offense must have | ||||||
9 | occurred more than 10 years prior to the date of | ||||||
10 | application or renewal, unless the applicant passed a drug | ||||||
11 | test, arranged and paid for by the child care facility, no | ||||||
12 | less than 5 years after the offense. | ||||||
13 | (2) The Department must conduct a background check and | ||||||
14 | assess all convictions and recommendations of the child | ||||||
15 | care facility to determine if hiring or licensing the | ||||||
16 | applicant is in accordance with Department administrative | ||||||
17 | rules and procedures. | ||||||
18 | (3) The applicant meets all other requirements and | ||||||
19 | qualifications to be licensed as the pertinent type of | ||||||
20 | child care facility under this Act and the Department's | ||||||
21 | administrative rules. | ||||||
22 | (c) In addition to the other provisions of this Section, | ||||||
23 | no applicant may receive a license from the Department to | ||||||
24 | operate a foster family home, and no adult person may reside in | ||||||
25 | a foster family home licensed by the Department, who has been | ||||||
26 | convicted of committing or attempting to commit any of the |
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1 | following offenses stipulated under the Criminal Code of 1961, | ||||||
2 | the Criminal Code of 2012, the Cannabis Control Act, the | ||||||
3 | Methamphetamine Control and Community Protection Act, and the | ||||||
4 | Illinois Controlled Substances Act: | ||||||
5 | (I) OFFENSES DIRECTED AGAINST THE PERSON | ||||||
6 | (A) KIDNAPPING AND RELATED OFFENSES | ||||||
7 | (1) Unlawful restraint. | ||||||
8 | (B) BODILY HARM | ||||||
9 | (2) Felony aggravated assault. | ||||||
10 | (3) Vehicular endangerment. | ||||||
11 | (4) Felony domestic battery. | ||||||
12 | (5) Aggravated battery. | ||||||
13 | (6) Heinous battery. | ||||||
14 | (7) Aggravated battery with a firearm. | ||||||
15 | (8) Aggravated battery of an unborn child. | ||||||
16 | (9) Aggravated battery of a senior citizen. | ||||||
17 | (10) Intimidation. | ||||||
18 | (11) Compelling organization membership of persons. | ||||||
19 | (12) Abuse and criminal neglect of a long term care | ||||||
20 | facility resident. | ||||||
21 | (13) Felony violation of an order of protection. | ||||||
22 | (II) OFFENSES DIRECTED AGAINST PROPERTY |
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1 | (14) Felony theft. | ||||||
2 | (15) Robbery. | ||||||
3 | (16) Armed robbery. | ||||||
4 | (17) Aggravated robbery. | ||||||
5 | (18) Vehicular hijacking. | ||||||
6 | (19) Aggravated vehicular hijacking. | ||||||
7 | (20) Burglary. | ||||||
8 | (21) Possession of burglary tools. | ||||||
9 | (22) Residential burglary. | ||||||
10 | (23) Criminal fortification of a residence or | ||||||
11 | building. | ||||||
12 | (24) Arson. | ||||||
13 | (25) Aggravated arson. | ||||||
14 | (26) Possession of explosive or explosive incendiary | ||||||
15 | devices. | ||||||
16 | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY | ||||||
17 | (27) Felony unlawful possession use of weapons. | ||||||
18 | (28) Aggravated discharge of a firearm. | ||||||
19 | (29) Reckless discharge of a firearm. | ||||||
20 | (30) Unlawful use of metal piercing bullets. | ||||||
21 | (31) Unlawful sale or delivery of firearms on the | ||||||
22 | premises of any school. | ||||||
23 | (32) Disarming a police officer. |
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1 | (33) Obstructing justice. | ||||||
2 | (34) Concealing or aiding a fugitive. | ||||||
3 | (35) Armed violence. | ||||||
4 | (36) Felony contributing to the criminal delinquency | ||||||
5 | of a juvenile. | ||||||
6 | (IV) DRUG OFFENSES | ||||||
7 | (37) Possession of more than 30 grams of cannabis. | ||||||
8 | (38) Manufacture of more than 10 grams of cannabis. | ||||||
9 | (39) Cannabis trafficking. | ||||||
10 | (40) Delivery of cannabis on school grounds. | ||||||
11 | (41) Unauthorized production of more than 5 cannabis | ||||||
12 | sativa plants. | ||||||
13 | (42) Calculated criminal cannabis conspiracy. | ||||||
14 | (43) Unauthorized manufacture or delivery of | ||||||
15 | controlled substances. | ||||||
16 | (44) Controlled substance trafficking. | ||||||
17 | (45) Manufacture, distribution, or advertisement of | ||||||
18 | look-alike substances. | ||||||
19 | (46) Calculated criminal drug conspiracy. | ||||||
20 | (46.5) Streetgang criminal drug conspiracy. | ||||||
21 | (47) Permitting unlawful use of a building. | ||||||
22 | (48) Delivery of controlled, counterfeit, or | ||||||
23 | look-alike substances to persons under age 18, or at truck | ||||||
24 | stops, rest stops, or safety rest areas, or on school |
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1 | property. | ||||||
2 | (49) Using, engaging, or employing persons under 18 to | ||||||
3 | deliver controlled, counterfeit, or look-alike substances. | ||||||
4 | (50) Delivery of controlled substances. | ||||||
5 | (51) Sale or delivery of drug paraphernalia. | ||||||
6 | (52) Felony possession, sale, or exchange of | ||||||
7 | instruments adapted for use of a controlled substance, | ||||||
8 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
9 | (53) Any violation of the Methamphetamine Control and | ||||||
10 | Community Protection Act. | ||||||
11 | (d) Notwithstanding subsection (c), the Department may | ||||||
12 | make an exception and issue a new foster family home license or | ||||||
13 | may renew an existing foster family home license of an | ||||||
14 | applicant who was convicted of an offense described in | ||||||
15 | subsection (c), provided all of the following requirements are | ||||||
16 | met: | ||||||
17 | (1) The relevant criminal offense or offenses occurred | ||||||
18 | more than 10 years prior to the date of application or | ||||||
19 | renewal. | ||||||
20 | (2) The applicant had previously disclosed the | ||||||
21 | conviction or convictions to the Department for purposes | ||||||
22 | of a background check. | ||||||
23 | (3) After the disclosure, the Department either placed | ||||||
24 | a child in the home or the foster family home license was | ||||||
25 | issued. | ||||||
26 | (4) During the background check, the Department had |
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1 | assessed and waived the conviction in compliance with the | ||||||
2 | existing statutes and rules in effect at the time of the | ||||||
3 | hire or licensure. | ||||||
4 | (5) The applicant meets all other requirements and | ||||||
5 | qualifications to be licensed as a foster family home | ||||||
6 | under this Act and the Department's administrative rules. | ||||||
7 | (6) The applicant has a history of providing a safe, | ||||||
8 | stable home environment and appears able to continue to | ||||||
9 | provide a safe, stable home environment. | ||||||
10 | (e) In evaluating the exception pursuant to subsections | ||||||
11 | (b-2) and (d), the Department must carefully review any | ||||||
12 | relevant documents to determine whether the applicant, despite | ||||||
13 | the disqualifying convictions, poses a substantial risk to | ||||||
14 | State resources or clients. In making such a determination, | ||||||
15 | the following guidelines shall be used: | ||||||
16 | (1) the age of the applicant when the offense was | ||||||
17 | committed; | ||||||
18 | (2) the circumstances surrounding the offense; | ||||||
19 | (3) the length of time since the conviction; | ||||||
20 | (4) the specific duties and responsibilities | ||||||
21 | necessarily related to the license being applied for and | ||||||
22 | the bearing, if any, that the applicant's conviction | ||||||
23 | history may have on the applicant's fitness to perform | ||||||
24 | these duties and responsibilities; | ||||||
25 | (5) the applicant's employment references; | ||||||
26 | (6) the applicant's character references and any |
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1 | certificates of achievement; | ||||||
2 | (7) an academic transcript showing educational | ||||||
3 | attainment since the disqualifying conviction; | ||||||
4 | (8) a Certificate of Relief from Disabilities or | ||||||
5 | Certificate of Good Conduct; and | ||||||
6 | (9) anything else that speaks to the applicant's | ||||||
7 | character. | ||||||
8 | (Source: P.A. 103-22, eff. 8-8-23.) | ||||||
9 | Section 10. The Illinois Vehicle Code is amended by | ||||||
10 | changing Section 6-206 as follows: | ||||||
11 | (625 ILCS 5/6-206) | ||||||
12 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
13 | license or permit; right to a hearing. | ||||||
14 | (a) The Secretary of State is authorized to suspend or | ||||||
15 | revoke the driving privileges of any person without | ||||||
16 | preliminary hearing upon a showing of the person's records or | ||||||
17 | other sufficient evidence that the person: | ||||||
18 | 1. Has committed an offense for which mandatory | ||||||
19 | revocation of a driver's license or permit is required | ||||||
20 | upon conviction; | ||||||
21 | 2. Has been convicted of not less than 3 offenses | ||||||
22 | against traffic regulations governing the movement of | ||||||
23 | vehicles committed within any 12-month period. No | ||||||
24 | revocation or suspension shall be entered more than 6 |
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1 | months after the date of last conviction; | ||||||
2 | 3. Has been repeatedly involved as a driver in motor | ||||||
3 | vehicle collisions or has been repeatedly convicted of | ||||||
4 | offenses against laws and ordinances regulating the | ||||||
5 | movement of traffic, to a degree that indicates lack of | ||||||
6 | ability to exercise ordinary and reasonable care in the | ||||||
7 | safe operation of a motor vehicle or disrespect for the | ||||||
8 | traffic laws and the safety of other persons upon the | ||||||
9 | highway; | ||||||
10 | 4. Has by the unlawful operation of a motor vehicle | ||||||
11 | caused or contributed to a crash resulting in injury | ||||||
12 | requiring immediate professional treatment in a medical | ||||||
13 | facility or doctor's office to any person, except that any | ||||||
14 | suspension or revocation imposed by the Secretary of State | ||||||
15 | under the provisions of this subsection shall start no | ||||||
16 | later than 6 months after being convicted of violating a | ||||||
17 | law or ordinance regulating the movement of traffic, which | ||||||
18 | violation is related to the crash, or shall start not more | ||||||
19 | than one year after the date of the crash, whichever date | ||||||
20 | occurs later; | ||||||
21 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
22 | driver's license, identification card, or permit; | ||||||
23 | 6. Has been lawfully convicted of an offense or | ||||||
24 | offenses in another state, including the authorization | ||||||
25 | contained in Section 6-203.1, which if committed within | ||||||
26 | this State would be grounds for suspension or revocation; |
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1 | 7. Has refused or failed to submit to an examination | ||||||
2 | provided for by Section 6-207 or has failed to pass the | ||||||
3 | examination; | ||||||
4 | 8. Is ineligible for a driver's license or permit | ||||||
5 | under the provisions of Section 6-103; | ||||||
6 | 9. Has made a false statement or knowingly concealed a | ||||||
7 | material fact or has used false information or | ||||||
8 | identification in any application for a license, | ||||||
9 | identification card, or permit; | ||||||
10 | 10. Has possessed, displayed, or attempted to | ||||||
11 | fraudulently use any license, identification card, or | ||||||
12 | permit not issued to the person; | ||||||
13 | 11. Has operated a motor vehicle upon a highway of | ||||||
14 | this State when the person's driving privilege or | ||||||
15 | privilege to obtain a driver's license or permit was | ||||||
16 | revoked or suspended unless the operation was authorized | ||||||
17 | by a monitoring device driving permit, judicial driving | ||||||
18 | permit issued prior to January 1, 2009, probationary | ||||||
19 | license to drive, or restricted driving permit issued | ||||||
20 | under this Code; | ||||||
21 | 12. Has submitted to any portion of the application | ||||||
22 | process for another person or has obtained the services of | ||||||
23 | another person to submit to any portion of the application | ||||||
24 | process for the purpose of obtaining a license, | ||||||
25 | identification card, or permit for some other person; | ||||||
26 | 13. Has operated a motor vehicle upon a highway of |
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1 | this State when the person's driver's license or permit | ||||||
2 | was invalid under the provisions of Sections 6-107.1 and | ||||||
3 | 6-110; | ||||||
4 | 14. Has committed a violation of Section 6-301, | ||||||
5 | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or | ||||||
6 | 14B of the Illinois Identification Card Act or a similar | ||||||
7 | offense in another state if, at the time of the offense, | ||||||
8 | the person held an Illinois driver's license or | ||||||
9 | identification card; | ||||||
10 | 15. Has been convicted of violating Section 21-2 of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
12 | relating to criminal trespass to vehicles if the person | ||||||
13 | exercised actual physical control over the vehicle during | ||||||
14 | the commission of the offense, in which case the | ||||||
15 | suspension shall be for one year; | ||||||
16 | 16. Has been convicted of violating Section 11-204 of | ||||||
17 | this Code relating to fleeing from a peace officer; | ||||||
18 | 17. Has refused to submit to a test, or tests, as | ||||||
19 | required under Section 11-501.1 of this Code and the | ||||||
20 | person has not sought a hearing as provided for in Section | ||||||
21 | 11-501.1; | ||||||
22 | 18. (Blank); | ||||||
23 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
24 | of Section 6-101 relating to driving without a driver's | ||||||
25 | license; | ||||||
26 | 20. Has been convicted of violating Section 6-104 |
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1 | relating to classification of driver's license; | ||||||
2 | 21. Has been convicted of violating Section 11-402 of | ||||||
3 | this Code relating to leaving the scene of a crash | ||||||
4 | resulting in damage to a vehicle in excess of $1,000, in | ||||||
5 | which case the suspension shall be for one year; | ||||||
6 | 22. Has used a motor vehicle in violating paragraph | ||||||
7 | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of | ||||||
8 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
9 | relating to unlawful possession use of weapons, in which | ||||||
10 | case the suspension shall be for one year; | ||||||
11 | 23. Has, as a driver, been convicted of committing a | ||||||
12 | violation of paragraph (a) of Section 11-502 of this Code | ||||||
13 | for a second or subsequent time within one year of a | ||||||
14 | similar violation; | ||||||
15 | 24. Has been convicted by a court-martial or punished | ||||||
16 | by non-judicial punishment by military authorities of the | ||||||
17 | United States at a military installation in Illinois or in | ||||||
18 | another state of or for a traffic-related offense that is | ||||||
19 | the same as or similar to an offense specified under | ||||||
20 | Section 6-205 or 6-206 of this Code; | ||||||
21 | 25. Has permitted any form of identification to be | ||||||
22 | used by another in the application process in order to | ||||||
23 | obtain or attempt to obtain a license, identification | ||||||
24 | card, or permit; | ||||||
25 | 26. Has altered or attempted to alter a license or has | ||||||
26 | possessed an altered license, identification card, or |
| |||||||
| |||||||
1 | permit; | ||||||
2 | 27. (Blank); | ||||||
3 | 28. Has been convicted for a first time of the illegal | ||||||
4 | possession, while operating or in actual physical control, | ||||||
5 | as a driver, of a motor vehicle, of any controlled | ||||||
6 | substance prohibited under the Illinois Controlled | ||||||
7 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
8 | Control Act, or any methamphetamine prohibited under the | ||||||
9 | Methamphetamine Control and Community Protection Act, in | ||||||
10 | which case the person's driving privileges shall be | ||||||
11 | suspended for one year. Any defendant found guilty of this | ||||||
12 | offense while operating a motor vehicle shall have an | ||||||
13 | entry made in the court record by the presiding judge that | ||||||
14 | this offense did occur while the defendant was operating a | ||||||
15 | motor vehicle and order the clerk of the court to report | ||||||
16 | the violation to the Secretary of State; | ||||||
17 | 29. Has been convicted of the following offenses that | ||||||
18 | were committed while the person was operating or in actual | ||||||
19 | physical control, as a driver, of a motor vehicle: | ||||||
20 | criminal sexual assault, predatory criminal sexual assault | ||||||
21 | of a child, aggravated criminal sexual assault, criminal | ||||||
22 | sexual abuse, aggravated criminal sexual abuse, juvenile | ||||||
23 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
24 | juvenile prostitution as described in subdivision (a)(1), | ||||||
25 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
26 | of 1961 or the Criminal Code of 2012, and the manufacture, |
| |||||||
| |||||||
1 | sale or delivery of controlled substances or instruments | ||||||
2 | used for illegal drug use or abuse in which case the | ||||||
3 | driver's driving privileges shall be suspended for one | ||||||
4 | year; | ||||||
5 | 30. Has been convicted a second or subsequent time for | ||||||
6 | any combination of the offenses named in paragraph 29 of | ||||||
7 | this subsection, in which case the person's driving | ||||||
8 | privileges shall be suspended for 5 years; | ||||||
9 | 31. Has refused to submit to a test as required by | ||||||
10 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
11 | Registration and Safety Act or has submitted to a test | ||||||
12 | resulting in an alcohol concentration of 0.08 or more or | ||||||
13 | any amount of a drug, substance, or compound resulting | ||||||
14 | from the unlawful use or consumption of cannabis as listed | ||||||
15 | in the Cannabis Control Act, a controlled substance as | ||||||
16 | listed in the Illinois Controlled Substances Act, an | ||||||
17 | intoxicating compound as listed in the Use of Intoxicating | ||||||
18 | Compounds Act, or methamphetamine as listed in the | ||||||
19 | Methamphetamine Control and Community Protection Act, in | ||||||
20 | which case the penalty shall be as prescribed in Section | ||||||
21 | 6-208.1; | ||||||
22 | 32. Has been convicted of Section 24-1.2 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
24 | relating to the aggravated discharge of a firearm if the | ||||||
25 | offender was located in a motor vehicle at the time the | ||||||
26 | firearm was discharged, in which case the suspension shall |
| |||||||
| |||||||
1 | be for 3 years; | ||||||
2 | 33. Has as a driver, who was less than 21 years of age | ||||||
3 | on the date of the offense, been convicted a first time of | ||||||
4 | a violation of paragraph (a) of Section 11-502 of this | ||||||
5 | Code or a similar provision of a local ordinance; | ||||||
6 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
7 | this Code or a similar provision of a local ordinance; | ||||||
8 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
9 | this Code or a similar provision of a local ordinance; | ||||||
10 | 36. Is under the age of 21 years at the time of arrest | ||||||
11 | and has been convicted of not less than 2 offenses against | ||||||
12 | traffic regulations governing the movement of vehicles | ||||||
13 | committed within any 24-month period. No revocation or | ||||||
14 | suspension shall be entered more than 6 months after the | ||||||
15 | date of last conviction; | ||||||
16 | 37. Has committed a violation of subsection (c) of | ||||||
17 | Section 11-907 of this Code that resulted in damage to the | ||||||
18 | property of another or the death or injury of another; | ||||||
19 | 38. Has been convicted of a violation of Section 6-20 | ||||||
20 | of the Liquor Control Act of 1934 or a similar provision of | ||||||
21 | a local ordinance and the person was an occupant of a motor | ||||||
22 | vehicle at the time of the violation; | ||||||
23 | 39. Has committed a second or subsequent violation of | ||||||
24 | Section 11-1201 of this Code; | ||||||
25 | 40. Has committed a violation of subsection (a-1) of | ||||||
26 | Section 11-908 of this Code; |
| |||||||
| |||||||
1 | 41. Has committed a second or subsequent violation of | ||||||
2 | Section 11-605.1 of this Code, a similar provision of a | ||||||
3 | local ordinance, or a similar violation in any other state | ||||||
4 | within 2 years of the date of the previous violation, in | ||||||
5 | which case the suspension shall be for 90 days; | ||||||
6 | 42. Has committed a violation of subsection (a-1) of | ||||||
7 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
8 | local ordinance; | ||||||
9 | 43. Has received a disposition of court supervision | ||||||
10 | for a violation of subsection (a), (d), or (e) of Section | ||||||
11 | 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
12 | provision of a local ordinance and the person was an | ||||||
13 | occupant of a motor vehicle at the time of the violation, | ||||||
14 | in which case the suspension shall be for a period of 3 | ||||||
15 | months; | ||||||
16 | 44. Is under the age of 21 years at the time of arrest | ||||||
17 | and has been convicted of an offense against traffic | ||||||
18 | regulations governing the movement of vehicles after | ||||||
19 | having previously had his or her driving privileges | ||||||
20 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
21 | Section; | ||||||
22 | 45. Has, in connection with or during the course of a | ||||||
23 | formal hearing conducted under Section 2-118 of this Code: | ||||||
24 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
25 | falsified documents; (iii) submitted documents that have | ||||||
26 | been materially altered; or (iv) submitted, as his or her |
| |||||||
| |||||||
1 | own, documents that were in fact prepared or composed for | ||||||
2 | another person; | ||||||
3 | 46. Has committed a violation of subsection (j) of | ||||||
4 | Section 3-413 of this Code; | ||||||
5 | 47. Has committed a violation of subsection (a) of | ||||||
6 | Section 11-502.1 of this Code; | ||||||
7 | 48. Has submitted a falsified or altered medical | ||||||
8 | examiner's certificate to the Secretary of State or | ||||||
9 | provided false information to obtain a medical examiner's | ||||||
10 | certificate; | ||||||
11 | 49. Has been convicted of a violation of Section | ||||||
12 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
13 | another, in which case the driving privileges of the | ||||||
14 | person shall be suspended for 12 months; | ||||||
15 | 50. Has committed a violation of subsection (b-5) of | ||||||
16 | Section 12-610.2 that resulted in great bodily harm, | ||||||
17 | permanent disability, or disfigurement, in which case the | ||||||
18 | driving privileges of the person shall be suspended for 12 | ||||||
19 | months; | ||||||
20 | 51. Has committed a violation of Section 10-15 Of the | ||||||
21 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
22 | a local ordinance while in a motor vehicle; or | ||||||
23 | 52. Has committed a violation of subsection (b) of | ||||||
24 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
25 | similar provision of a local ordinance. | ||||||
26 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
| |||||||
| |||||||
1 | and 27 of this subsection, license means any driver's license, | ||||||
2 | any traffic ticket issued when the person's driver's license | ||||||
3 | is deposited in lieu of bail, a suspension notice issued by the | ||||||
4 | Secretary of State, a duplicate or corrected driver's license, | ||||||
5 | a probationary driver's license, or a temporary driver's | ||||||
6 | license. | ||||||
7 | (b) If any conviction forming the basis of a suspension or | ||||||
8 | revocation authorized under this Section is appealed, the | ||||||
9 | Secretary of State may rescind or withhold the entry of the | ||||||
10 | order of suspension or revocation, as the case may be, | ||||||
11 | provided that a certified copy of a stay order of a court is | ||||||
12 | filed with the Secretary of State. If the conviction is | ||||||
13 | affirmed on appeal, the date of the conviction shall relate | ||||||
14 | back to the time the original judgment of conviction was | ||||||
15 | entered and the 6-month limitation prescribed shall not apply. | ||||||
16 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
17 | permit of any person as authorized in this Section, the | ||||||
18 | Secretary of State shall immediately notify the person in | ||||||
19 | writing of the revocation or suspension. The notice to be | ||||||
20 | deposited in the United States mail, postage prepaid, to the | ||||||
21 | last known address of the person. | ||||||
22 | 2. If the Secretary of State suspends the driver's license | ||||||
23 | of a person under subsection 2 of paragraph (a) of this | ||||||
24 | Section, a person's privilege to operate a vehicle as an | ||||||
25 | occupation shall not be suspended, provided an affidavit is | ||||||
26 | properly completed, the appropriate fee received, and a permit |
| |||||||
| |||||||
1 | issued prior to the effective date of the suspension, unless 5 | ||||||
2 | offenses were committed, at least 2 of which occurred while | ||||||
3 | operating a commercial vehicle in connection with the driver's | ||||||
4 | regular occupation. All other driving privileges shall be | ||||||
5 | suspended by the Secretary of State. Any driver prior to | ||||||
6 | operating a vehicle for occupational purposes only must submit | ||||||
7 | the affidavit on forms to be provided by the Secretary of State | ||||||
8 | setting forth the facts of the person's occupation. The | ||||||
9 | affidavit shall also state the number of offenses committed | ||||||
10 | while operating a vehicle in connection with the driver's | ||||||
11 | regular occupation. The affidavit shall be accompanied by the | ||||||
12 | driver's license. Upon receipt of a properly completed | ||||||
13 | affidavit, the Secretary of State shall issue the driver a | ||||||
14 | permit to operate a vehicle in connection with the driver's | ||||||
15 | regular occupation only. Unless the permit is issued by the | ||||||
16 | Secretary of State prior to the date of suspension, the | ||||||
17 | privilege to drive any motor vehicle shall be suspended as set | ||||||
18 | forth in the notice that was mailed under this Section. If an | ||||||
19 | affidavit is received subsequent to the effective date of this | ||||||
20 | suspension, a permit may be issued for the remainder of the | ||||||
21 | suspension period. | ||||||
22 | The provisions of this subparagraph shall not apply to any | ||||||
23 | driver required to possess a CDL for the purpose of operating a | ||||||
24 | commercial motor vehicle. | ||||||
25 | Any person who falsely states any fact in the affidavit | ||||||
26 | required herein shall be guilty of perjury under Section 6-302 |
| |||||||
| |||||||
1 | and upon conviction thereof shall have all driving privileges | ||||||
2 | revoked without further rights. | ||||||
3 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
4 | this Code, the Secretary of State shall either rescind or | ||||||
5 | continue an order of revocation or shall substitute an order | ||||||
6 | of suspension; or, good cause appearing therefor, rescind, | ||||||
7 | continue, change, or extend the order of suspension. If the | ||||||
8 | Secretary of State does not rescind the order, the Secretary | ||||||
9 | may upon application, to relieve undue hardship (as defined by | ||||||
10 | the rules of the Secretary of State), issue a restricted | ||||||
11 | driving permit granting the privilege of driving a motor | ||||||
12 | vehicle between the petitioner's residence and petitioner's | ||||||
13 | place of employment or within the scope of the petitioner's | ||||||
14 | employment-related duties, or to allow the petitioner to | ||||||
15 | transport himself or herself, or a family member of the | ||||||
16 | petitioner's household to a medical facility, to receive | ||||||
17 | necessary medical care, to allow the petitioner to transport | ||||||
18 | himself or herself to and from alcohol or drug remedial or | ||||||
19 | rehabilitative activity recommended by a licensed service | ||||||
20 | provider, or to allow the petitioner to transport himself or | ||||||
21 | herself or a family member of the petitioner's household to | ||||||
22 | classes, as a student, at an accredited educational | ||||||
23 | institution, or to allow the petitioner to transport children, | ||||||
24 | elderly persons, or persons with disabilities who do not hold | ||||||
25 | driving privileges and are living in the petitioner's | ||||||
26 | household to and from daycare. The petitioner must demonstrate |
| |||||||
| |||||||
1 | that no alternative means of transportation is reasonably | ||||||
2 | available and that the petitioner will not endanger the public | ||||||
3 | safety or welfare. | ||||||
4 | (A) If a person's license or permit is revoked or | ||||||
5 | suspended due to 2 or more convictions of violating | ||||||
6 | Section 11-501 of this Code or a similar provision of a | ||||||
7 | local ordinance or a similar out-of-state offense, or | ||||||
8 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012, where the use of alcohol or other drugs is | ||||||
10 | recited as an element of the offense, or a similar | ||||||
11 | out-of-state offense, or a combination of these offenses, | ||||||
12 | arising out of separate occurrences, that person, if | ||||||
13 | issued a restricted driving permit, may not operate a | ||||||
14 | vehicle unless it has been equipped with an ignition | ||||||
15 | interlock device as defined in Section 1-129.1. | ||||||
16 | (B) If a person's license or permit is revoked or | ||||||
17 | suspended 2 or more times due to any combination of: | ||||||
18 | (i) a single conviction of violating Section | ||||||
19 | 11-501 of this Code or a similar provision of a local | ||||||
20 | ordinance or a similar out-of-state offense or Section | ||||||
21 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012, where the use of alcohol or other drugs is | ||||||
23 | recited as an element of the offense, or a similar | ||||||
24 | out-of-state offense; or | ||||||
25 | (ii) a statutory summary suspension or revocation | ||||||
26 | under Section 11-501.1; or |
| |||||||
| |||||||
1 | (iii) a suspension under Section 6-203.1; | ||||||
2 | arising out of separate occurrences; that person, if | ||||||
3 | issued a restricted driving permit, may not operate a | ||||||
4 | vehicle unless it has been equipped with an ignition | ||||||
5 | interlock device as defined in Section 1-129.1. | ||||||
6 | (B-5) If a person's license or permit is revoked or | ||||||
7 | suspended due to a conviction for a violation of | ||||||
8 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
9 | of Section 11-501 of this Code, or a similar provision of a | ||||||
10 | local ordinance or similar out-of-state offense, that | ||||||
11 | person, if issued a restricted driving permit, may not | ||||||
12 | operate a vehicle unless it has been equipped with an | ||||||
13 | ignition interlock device as defined in Section 1-129.1. | ||||||
14 | (C) The person issued a permit conditioned upon the | ||||||
15 | use of an ignition interlock device must pay to the | ||||||
16 | Secretary of State DUI Administration Fund an amount not | ||||||
17 | to exceed $30 per month. The Secretary shall establish by | ||||||
18 | rule the amount and the procedures, terms, and conditions | ||||||
19 | relating to these fees. | ||||||
20 | (D) If the restricted driving permit is issued for | ||||||
21 | employment purposes, then the prohibition against | ||||||
22 | operating a motor vehicle that is not equipped with an | ||||||
23 | ignition interlock device does not apply to the operation | ||||||
24 | of an occupational vehicle owned or leased by that | ||||||
25 | person's employer when used solely for employment | ||||||
26 | purposes. For any person who, within a 5-year period, is |
| |||||||
| |||||||
1 | convicted of a second or subsequent offense under Section | ||||||
2 | 11-501 of this Code, or a similar provision of a local | ||||||
3 | ordinance or similar out-of-state offense, this employment | ||||||
4 | exemption does not apply until either a one-year period | ||||||
5 | has elapsed during which that person had his or her | ||||||
6 | driving privileges revoked or a one-year period has | ||||||
7 | elapsed during which that person had a restricted driving | ||||||
8 | permit which required the use of an ignition interlock | ||||||
9 | device on every motor vehicle owned or operated by that | ||||||
10 | person. | ||||||
11 | (E) In each case the Secretary may issue a restricted | ||||||
12 | driving permit for a period deemed appropriate, except | ||||||
13 | that all permits shall expire no later than 2 years from | ||||||
14 | the date of issuance. A restricted driving permit issued | ||||||
15 | under this Section shall be subject to cancellation, | ||||||
16 | revocation, and suspension by the Secretary of State in | ||||||
17 | like manner and for like cause as a driver's license | ||||||
18 | issued under this Code may be cancelled, revoked, or | ||||||
19 | suspended; except that a conviction upon one or more | ||||||
20 | offenses against laws or ordinances regulating the | ||||||
21 | movement of traffic shall be deemed sufficient cause for | ||||||
22 | the revocation, suspension, or cancellation of a | ||||||
23 | restricted driving permit. The Secretary of State may, as | ||||||
24 | a condition to the issuance of a restricted driving | ||||||
25 | permit, require the applicant to participate in a | ||||||
26 | designated driver remedial or rehabilitative program. The |
| |||||||
| |||||||
1 | Secretary of State is authorized to cancel a restricted | ||||||
2 | driving permit if the permit holder does not successfully | ||||||
3 | complete the program. | ||||||
4 | (F) A person subject to the provisions of paragraph 4 | ||||||
5 | of subsection (b) of Section 6-208 of this Code may make | ||||||
6 | application for a restricted driving permit at a hearing | ||||||
7 | conducted under Section 2-118 of this Code after the | ||||||
8 | expiration of 5 years from the effective date of the most | ||||||
9 | recent revocation or after 5 years from the date of | ||||||
10 | release from a period of imprisonment resulting from a | ||||||
11 | conviction of the most recent offense, whichever is later, | ||||||
12 | provided the person, in addition to all other requirements | ||||||
13 | of the Secretary, shows by clear and convincing evidence: | ||||||
14 | (i) a minimum of 3 years of uninterrupted | ||||||
15 | abstinence from alcohol and the unlawful use or | ||||||
16 | consumption of cannabis under the Cannabis Control | ||||||
17 | Act, a controlled substance under the Illinois | ||||||
18 | Controlled Substances Act, an intoxicating compound | ||||||
19 | under the Use of Intoxicating Compounds Act, or | ||||||
20 | methamphetamine under the Methamphetamine Control and | ||||||
21 | Community Protection Act; and | ||||||
22 | (ii) the successful completion of any | ||||||
23 | rehabilitative treatment and involvement in any | ||||||
24 | ongoing rehabilitative activity that may be | ||||||
25 | recommended by a properly licensed service provider | ||||||
26 | according to an assessment of the person's alcohol or |
| |||||||
| |||||||
1 | drug use under Section 11-501.01 of this Code. | ||||||
2 | In determining whether an applicant is eligible for a | ||||||
3 | restricted driving permit under this subparagraph (F), the | ||||||
4 | Secretary may consider any relevant evidence, including, | ||||||
5 | but not limited to, testimony, affidavits, records, and | ||||||
6 | the results of regular alcohol or drug tests. Persons | ||||||
7 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
8 | of Section 6-208 of this Code and who have been convicted | ||||||
9 | of more than one violation of paragraph (3), paragraph | ||||||
10 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
11 | of this Code shall not be eligible to apply for a | ||||||
12 | restricted driving permit under this subparagraph (F). | ||||||
13 | A restricted driving permit issued under this | ||||||
14 | subparagraph (F) shall provide that the holder may only | ||||||
15 | operate motor vehicles equipped with an ignition interlock | ||||||
16 | device as required under paragraph (2) of subsection (c) | ||||||
17 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
18 | paragraph 3 of subsection (c) of this Section. The | ||||||
19 | Secretary may revoke a restricted driving permit or amend | ||||||
20 | the conditions of a restricted driving permit issued under | ||||||
21 | this subparagraph (F) if the holder operates a vehicle | ||||||
22 | that is not equipped with an ignition interlock device, or | ||||||
23 | for any other reason authorized under this Code. | ||||||
24 | A restricted driving permit issued under this | ||||||
25 | subparagraph (F) shall be revoked, and the holder barred | ||||||
26 | from applying for or being issued a restricted driving |
| |||||||
| |||||||
1 | permit in the future, if the holder is convicted of a | ||||||
2 | violation of Section 11-501 of this Code, a similar | ||||||
3 | provision of a local ordinance, or a similar offense in | ||||||
4 | another state. | ||||||
5 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
6 | subsection (a), reports received by the Secretary of State | ||||||
7 | under this Section shall, except during the actual time the | ||||||
8 | suspension is in effect, be privileged information and for use | ||||||
9 | only by the courts, police officers, prosecuting authorities, | ||||||
10 | the driver licensing administrator of any other state, the | ||||||
11 | Secretary of State, or the parent or legal guardian of a driver | ||||||
12 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
13 | person is a CDL holder, the suspension shall also be made | ||||||
14 | available to the driver licensing administrator of any other | ||||||
15 | state, the U.S. Department of Transportation, and the affected | ||||||
16 | driver or motor carrier or prospective motor carrier upon | ||||||
17 | request. | ||||||
18 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
19 | subsection (a), the Secretary of State shall notify the person | ||||||
20 | by mail that his or her driving privileges and driver's | ||||||
21 | license will be suspended one month after the date of the | ||||||
22 | mailing of the notice. | ||||||
23 | (c-5) The Secretary of State may, as a condition of the | ||||||
24 | reissuance of a driver's license or permit to an applicant | ||||||
25 | whose driver's license or permit has been suspended before he | ||||||
26 | or she reached the age of 21 years pursuant to any of the |
| |||||||
| |||||||
1 | provisions of this Section, require the applicant to | ||||||
2 | participate in a driver remedial education course and be | ||||||
3 | retested under Section 6-109 of this Code. | ||||||
4 | (d) This Section is subject to the provisions of the | ||||||
5 | Driver License Compact. | ||||||
6 | (e) The Secretary of State shall not issue a restricted | ||||||
7 | driving permit to a person under the age of 16 years whose | ||||||
8 | driving privileges have been suspended or revoked under any | ||||||
9 | provisions of this Code. | ||||||
10 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
11 | may not issue a restricted driving permit for the operation of | ||||||
12 | a commercial motor vehicle to a person holding a CDL whose | ||||||
13 | driving privileges have been suspended, revoked, cancelled, or | ||||||
14 | disqualified under any provisions of this Code. | ||||||
15 | (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; | ||||||
16 | 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. | ||||||
17 | 7-1-23; 103-154, eff. 6-30-23.) | ||||||
18 | Section 15. The Juvenile Court Act of 1987 is amended by | ||||||
19 | changing Section 1-7 as follows: | ||||||
20 | (705 ILCS 405/1-7) | ||||||
21 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
22 | municipal ordinance violation records. | ||||||
23 | (A) All juvenile law enforcement records which have not | ||||||
24 | been expunged are confidential and may never be disclosed to |
| |||||||
| |||||||
1 | the general public or otherwise made widely available. | ||||||
2 | Juvenile law enforcement records may be obtained only under | ||||||
3 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
4 | Act, when their use is needed for good cause and with an order | ||||||
5 | from the juvenile court, as required by those not authorized | ||||||
6 | to retain them. Inspection, copying, and disclosure of | ||||||
7 | juvenile law enforcement records maintained by law enforcement | ||||||
8 | agencies or records of municipal ordinance violations | ||||||
9 | maintained by any State, local, or municipal agency that | ||||||
10 | relate to a minor who has been investigated, arrested, or | ||||||
11 | taken into custody before the minor's 18th birthday shall be | ||||||
12 | restricted to the following: | ||||||
13 | (0.05) The minor who is the subject of the juvenile | ||||||
14 | law enforcement record, the minor's parents, guardian, and | ||||||
15 | counsel. | ||||||
16 | (0.10) Judges of the circuit court and members of the | ||||||
17 | staff of the court designated by the judge. | ||||||
18 | (0.15) An administrative adjudication hearing officer | ||||||
19 | or members of the staff designated to assist in the | ||||||
20 | administrative adjudication process. | ||||||
21 | (1) Any local, State, or federal law enforcement | ||||||
22 | officers or designated law enforcement staff of any | ||||||
23 | jurisdiction or agency when necessary for the discharge of | ||||||
24 | their official duties during the investigation or | ||||||
25 | prosecution of a crime or relating to a minor who has been | ||||||
26 | adjudicated delinquent and there has been a previous |
| |||||||
| |||||||
1 | finding that the act which constitutes the previous | ||||||
2 | offense was committed in furtherance of criminal | ||||||
3 | activities by a criminal street gang, or, when necessary | ||||||
4 | for the discharge of its official duties in connection | ||||||
5 | with a particular investigation of the conduct of a law | ||||||
6 | enforcement officer, an independent agency or its staff | ||||||
7 | created by ordinance and charged by a unit of local | ||||||
8 | government with the duty of investigating the conduct of | ||||||
9 | law enforcement officers. For purposes of this Section, | ||||||
10 | "criminal street gang" has the meaning ascribed to it in | ||||||
11 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
12 | Prevention Act. | ||||||
13 | (2) Prosecutors, public defenders, probation officers, | ||||||
14 | social workers, or other individuals assigned by the court | ||||||
15 | to conduct a pre-adjudication or pre-disposition | ||||||
16 | investigation, and individuals responsible for supervising | ||||||
17 | or providing temporary or permanent care and custody for | ||||||
18 | minors under the order of the juvenile court, when | ||||||
19 | essential to performing their responsibilities. | ||||||
20 | (3) Federal, State, or local prosecutors, public | ||||||
21 | defenders, probation officers, and designated staff: | ||||||
22 | (a) in the course of a trial when institution of | ||||||
23 | criminal proceedings has been permitted or required | ||||||
24 | under Section 5-805; | ||||||
25 | (b) when institution of criminal proceedings has | ||||||
26 | been permitted or required under Section 5-805 and the |
| |||||||
| |||||||
1 | minor is the subject of a proceeding to determine the | ||||||
2 | conditions of pretrial release; | ||||||
3 | (c) when criminal proceedings have been permitted | ||||||
4 | or required under Section 5-805 and the minor is the | ||||||
5 | subject of a pre-trial investigation, pre-sentence | ||||||
6 | investigation, fitness hearing, or proceedings on an | ||||||
7 | application for probation; or | ||||||
8 | (d) in the course of prosecution or administrative | ||||||
9 | adjudication of a violation of a traffic, boating, or | ||||||
10 | fish and game law, or a county or municipal ordinance. | ||||||
11 | (4) Adult and Juvenile Prisoner Review Board. | ||||||
12 | (5) Authorized military personnel. | ||||||
13 | (5.5) Employees of the federal government authorized | ||||||
14 | by law. | ||||||
15 | (6) Persons engaged in bona fide research, with the | ||||||
16 | permission of the Presiding Judge and the chief executive | ||||||
17 | of the respective law enforcement agency; provided that | ||||||
18 | publication of such research results in no disclosure of a | ||||||
19 | minor's identity and protects the confidentiality of the | ||||||
20 | minor's record. | ||||||
21 | (7) Department of Children and Family Services child | ||||||
22 | protection investigators acting in their official | ||||||
23 | capacity. | ||||||
24 | (8) The appropriate school official only if the agency | ||||||
25 | or officer believes that there is an imminent threat of | ||||||
26 | physical harm to students, school personnel, or others. |
| |||||||
| |||||||
1 | (A) Inspection and copying shall be limited to | ||||||
2 | juvenile law enforcement records transmitted to the | ||||||
3 | appropriate school official or officials whom the | ||||||
4 | school has determined to have a legitimate educational | ||||||
5 | or safety interest by a local law enforcement agency | ||||||
6 | under a reciprocal reporting system established and | ||||||
7 | maintained between the school district and the local | ||||||
8 | law enforcement agency under Section 10-20.14 of the | ||||||
9 | School Code concerning a minor enrolled in a school | ||||||
10 | within the school district who has been arrested or | ||||||
11 | taken into custody for any of the following offenses: | ||||||
12 | (i) any violation of Article 24 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of | ||||||
14 | 2012; | ||||||
15 | (ii) a violation of the Illinois Controlled | ||||||
16 | Substances Act; | ||||||
17 | (iii) a violation of the Cannabis Control Act; | ||||||
18 | (iv) a forcible felony as defined in Section | ||||||
19 | 2-8 of the Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012; | ||||||
21 | (v) a violation of the Methamphetamine Control | ||||||
22 | and Community Protection Act; | ||||||
23 | (vi) a violation of Section 1-2 of the | ||||||
24 | Harassing and Obscene Communications Act; | ||||||
25 | (vii) a violation of the Hazing Act; or | ||||||
26 | (viii) a violation of Section 12-1, 12-2, |
| |||||||
| |||||||
1 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
2 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of | ||||||
4 | 2012. | ||||||
5 | The information derived from the juvenile law | ||||||
6 | enforcement records shall be kept separate from and | ||||||
7 | shall not become a part of the official school record | ||||||
8 | of that child and shall not be a public record. The | ||||||
9 | information shall be used solely by the appropriate | ||||||
10 | school official or officials whom the school has | ||||||
11 | determined to have a legitimate educational or safety | ||||||
12 | interest to aid in the proper rehabilitation of the | ||||||
13 | child and to protect the safety of students and | ||||||
14 | employees in the school. If the designated law | ||||||
15 | enforcement and school officials deem it to be in the | ||||||
16 | best interest of the minor, the student may be | ||||||
17 | referred to in-school or community-based social | ||||||
18 | services if those services are available. | ||||||
19 | "Rehabilitation services" may include interventions by | ||||||
20 | school support personnel, evaluation for eligibility | ||||||
21 | for special education, referrals to community-based | ||||||
22 | agencies such as youth services, behavioral healthcare | ||||||
23 | service providers, drug and alcohol prevention or | ||||||
24 | treatment programs, and other interventions as deemed | ||||||
25 | appropriate for the student. | ||||||
26 | (B) Any information provided to appropriate school |
| |||||||
| |||||||
1 | officials whom the school has determined to have a | ||||||
2 | legitimate educational or safety interest by local law | ||||||
3 | enforcement officials about a minor who is the subject | ||||||
4 | of a current police investigation that is directly | ||||||
5 | related to school safety shall consist of oral | ||||||
6 | information only, and not written juvenile law | ||||||
7 | enforcement records, and shall be used solely by the | ||||||
8 | appropriate school official or officials to protect | ||||||
9 | the safety of students and employees in the school and | ||||||
10 | aid in the proper rehabilitation of the child. The | ||||||
11 | information derived orally from the local law | ||||||
12 | enforcement officials shall be kept separate from and | ||||||
13 | shall not become a part of the official school record | ||||||
14 | of the child and shall not be a public record. This | ||||||
15 | limitation on the use of information about a minor who | ||||||
16 | is the subject of a current police investigation shall | ||||||
17 | in no way limit the use of this information by | ||||||
18 | prosecutors in pursuing criminal charges arising out | ||||||
19 | of the information disclosed during a police | ||||||
20 | investigation of the minor. For purposes of this | ||||||
21 | paragraph, "investigation" means an official | ||||||
22 | systematic inquiry by a law enforcement agency into | ||||||
23 | actual or suspected criminal activity. | ||||||
24 | (9) Mental health professionals on behalf of the | ||||||
25 | Department of Corrections or the Department of Human | ||||||
26 | Services or prosecutors who are evaluating, prosecuting, |
| |||||||
| |||||||
1 | or investigating a potential or actual petition brought | ||||||
2 | under the Sexually Violent Persons Commitment Act relating | ||||||
3 | to a person who is the subject of juvenile law enforcement | ||||||
4 | records or the respondent to a petition brought under the | ||||||
5 | Sexually Violent Persons Commitment Act who is the subject | ||||||
6 | of the juvenile law enforcement records sought. Any | ||||||
7 | juvenile law enforcement records and any information | ||||||
8 | obtained from those juvenile law enforcement records under | ||||||
9 | this paragraph (9) may be used only in sexually violent | ||||||
10 | persons commitment proceedings. | ||||||
11 | (10) The president of a park district. Inspection and | ||||||
12 | copying shall be limited to juvenile law enforcement | ||||||
13 | records transmitted to the president of the park district | ||||||
14 | by the Illinois State Police under Section 8-23 of the | ||||||
15 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
16 | District Act concerning a person who is seeking employment | ||||||
17 | with that park district and who has been adjudicated a | ||||||
18 | juvenile delinquent for any of the offenses listed in | ||||||
19 | subsection (c) of Section 8-23 of the Park District Code | ||||||
20 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
21 | District Act. | ||||||
22 | (11) Persons managing and designated to participate in | ||||||
23 | a court diversion program as designated in subsection (6) | ||||||
24 | of Section 5-105. | ||||||
25 | (12) The Public Access Counselor of the Office of the | ||||||
26 | Attorney General, when reviewing juvenile law enforcement |
| |||||||
| |||||||
1 | records under its powers and duties under the Freedom of | ||||||
2 | Information Act. | ||||||
3 | (13) Collection agencies, contracted or otherwise | ||||||
4 | engaged by a governmental entity, to collect any debts due | ||||||
5 | and owing to the governmental entity. | ||||||
6 | (B)(1) Except as provided in paragraph (2), no law | ||||||
7 | enforcement officer or other person or agency may knowingly | ||||||
8 | transmit to the Department of Corrections, the Illinois State | ||||||
9 | Police, or the Federal Bureau of Investigation any fingerprint | ||||||
10 | or photograph relating to a minor who has been arrested or | ||||||
11 | taken into custody before the minor's 18th birthday, unless | ||||||
12 | the court in proceedings under this Act authorizes the | ||||||
13 | transmission or enters an order under Section 5-805 permitting | ||||||
14 | or requiring the institution of criminal proceedings. | ||||||
15 | (2) Law enforcement officers or other persons or agencies | ||||||
16 | shall transmit to the Illinois State Police copies of | ||||||
17 | fingerprints and descriptions of all minors who have been | ||||||
18 | arrested or taken into custody before their 18th birthday for | ||||||
19 | the offense of unlawful possession use of weapons under | ||||||
20 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012, a Class X or Class 1 felony, a forcible felony as defined | ||||||
22 | in Section 2-8 of the Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012, or a Class 2 or greater felony under the Cannabis | ||||||
24 | Control Act, the Illinois Controlled Substances Act, the | ||||||
25 | Methamphetamine Control and Community Protection Act, or | ||||||
26 | Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 |
| |||||||
| |||||||
1 | of the Criminal Identification Act. Information reported to | ||||||
2 | the Department pursuant to this Section may be maintained with | ||||||
3 | records that the Department files pursuant to Section 2.1 of | ||||||
4 | the Criminal Identification Act. Nothing in this Act prohibits | ||||||
5 | a law enforcement agency from fingerprinting a minor taken | ||||||
6 | into custody or arrested before the minor's 18th birthday for | ||||||
7 | an offense other than those listed in this paragraph (2). | ||||||
8 | (C) The records of law enforcement officers, or of an | ||||||
9 | independent agency created by ordinance and charged by a unit | ||||||
10 | of local government with the duty of investigating the conduct | ||||||
11 | of law enforcement officers, concerning all minors under 18 | ||||||
12 | years of age must be maintained separate from the records of | ||||||
13 | arrests and may not be open to public inspection or their | ||||||
14 | contents disclosed to the public. For purposes of obtaining | ||||||
15 | documents under this Section, a civil subpoena is not an order | ||||||
16 | of the court. | ||||||
17 | (1) In cases where the law enforcement, or independent | ||||||
18 | agency, records concern a pending juvenile court case, the | ||||||
19 | party seeking to inspect the records shall provide actual | ||||||
20 | notice to the attorney or guardian ad litem of the minor | ||||||
21 | whose records are sought. | ||||||
22 | (2) In cases where the records concern a juvenile | ||||||
23 | court case that is no longer pending, the party seeking to | ||||||
24 | inspect the records shall provide actual notice to the | ||||||
25 | minor or the minor's parent or legal guardian, and the | ||||||
26 | matter shall be referred to the chief judge presiding over |
| |||||||
| |||||||
1 | matters pursuant to this Act. | ||||||
2 | (3) In determining whether the records should be | ||||||
3 | available for inspection, the court shall consider the | ||||||
4 | minor's interest in confidentiality and rehabilitation | ||||||
5 | over the moving party's interest in obtaining the | ||||||
6 | information. Any records obtained in violation of this | ||||||
7 | subsection (C) shall not be admissible in any criminal or | ||||||
8 | civil proceeding, or operate to disqualify a minor from | ||||||
9 | subsequently holding public office or securing employment, | ||||||
10 | or operate as a forfeiture of any public benefit, right, | ||||||
11 | privilege, or right to receive any license granted by | ||||||
12 | public authority. | ||||||
13 | (D) Nothing contained in subsection (C) of this Section | ||||||
14 | shall prohibit the inspection or disclosure to victims and | ||||||
15 | witnesses of photographs contained in the records of law | ||||||
16 | enforcement agencies when the inspection and disclosure is | ||||||
17 | conducted in the presence of a law enforcement officer for the | ||||||
18 | purpose of the identification or apprehension of any person | ||||||
19 | subject to the provisions of this Act or for the investigation | ||||||
20 | or prosecution of any crime. | ||||||
21 | (E) Law enforcement officers, and personnel of an | ||||||
22 | independent agency created by ordinance and charged by a unit | ||||||
23 | of local government with the duty of investigating the conduct | ||||||
24 | of law enforcement officers, may not disclose the identity of | ||||||
25 | any minor in releasing information to the general public as to | ||||||
26 | the arrest, investigation or disposition of any case involving |
| |||||||
| |||||||
1 | a minor. | ||||||
2 | (F) Nothing contained in this Section shall prohibit law | ||||||
3 | enforcement agencies from communicating with each other by | ||||||
4 | letter, memorandum, teletype, or intelligence alert bulletin | ||||||
5 | or other means the identity or other relevant information | ||||||
6 | pertaining to a person under 18 years of age if there are | ||||||
7 | reasonable grounds to believe that the person poses a real and | ||||||
8 | present danger to the safety of the public or law enforcement | ||||||
9 | officers. The information provided under this subsection (F) | ||||||
10 | shall remain confidential and shall not be publicly disclosed, | ||||||
11 | except as otherwise allowed by law. | ||||||
12 | (G) Nothing in this Section shall prohibit the right of a | ||||||
13 | Civil Service Commission or appointing authority of any | ||||||
14 | federal government, state, county or municipality examining | ||||||
15 | the character and fitness of an applicant for employment with | ||||||
16 | a law enforcement agency, correctional institution, or fire | ||||||
17 | department from obtaining and examining the records of any law | ||||||
18 | enforcement agency relating to any record of the applicant | ||||||
19 | having been arrested or taken into custody before the | ||||||
20 | applicant's 18th birthday. | ||||||
21 | (G-5) Information identifying victims and alleged victims | ||||||
22 | of sex offenses shall not be disclosed or open to the public | ||||||
23 | under any circumstances. Nothing in this Section shall | ||||||
24 | prohibit the victim or alleged victim of any sex offense from | ||||||
25 | voluntarily disclosing this identity. | ||||||
26 | (H) The changes made to this Section by Public Act 98-61 |
| |||||||
| |||||||
1 | apply to law enforcement records of a minor who has been | ||||||
2 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
3 | effective date of Public Act 98-61). | ||||||
4 | (H-5) Nothing in this Section shall require any court or | ||||||
5 | adjudicative proceeding for traffic, boating, fish and game | ||||||
6 | law, or municipal and county ordinance violations to be closed | ||||||
7 | to the public. | ||||||
8 | (I) Willful violation of this Section is a Class C | ||||||
9 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
10 | This subsection (I) shall not apply to the person who is the | ||||||
11 | subject of the record. | ||||||
12 | (J) A person convicted of violating this Section is liable | ||||||
13 | for damages in the amount of $1,000 or actual damages, | ||||||
14 | whichever is greater. | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23; | ||||||
16 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) | ||||||
17 | Section 20. The Criminal Code of 2012 is amended by | ||||||
18 | changing Sections 2-13, 8-2, 24-1, 24-1.1, 24-1.6, 24-1.7, | ||||||
19 | 24-2.1, 24-3.6, and 36-1 as follows: | ||||||
20 | (720 ILCS 5/2-13) (from Ch. 38, par. 2-13) | ||||||
21 | Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||||||
22 | person who by virtue of his office or public employment is | ||||||
23 | vested by law with a duty to maintain public order or to make | ||||||
24 | arrests for offenses, whether that duty extends to all |
| |||||||
| |||||||
1 | offenses or is limited to specific offenses, or (ii) any | ||||||
2 | person who, by statute, is granted and authorized to exercise | ||||||
3 | powers similar to those conferred upon any peace officer | ||||||
4 | employed by a law enforcement agency of this State. | ||||||
5 | For purposes of Sections concerning unlawful possession | ||||||
6 | use of weapons, for the purposes of assisting an Illinois | ||||||
7 | peace officer in an arrest, or when the commission of any | ||||||
8 | offense under Illinois law is directly observed by the person, | ||||||
9 | and statutes involving the false personation of a peace | ||||||
10 | officer, false personation of a peace officer while carrying a | ||||||
11 | deadly weapon, false personation of a peace officer in | ||||||
12 | attempting or committing a felony, and false personation of a | ||||||
13 | peace officer in attempting or committing a forcible felony, | ||||||
14 | then officers, agents, or employees of the federal government | ||||||
15 | commissioned by federal statute to make arrests for violations | ||||||
16 | of federal criminal laws shall be considered "peace officers" | ||||||
17 | under this Code, including, but not limited to, all criminal | ||||||
18 | investigators of: | ||||||
19 | (1) the United States Department of Justice, the | ||||||
20 | Federal Bureau of Investigation, and the Drug Enforcement | ||||||
21 | Administration and all United States Marshals or Deputy | ||||||
22 | United States Marshals whose duties involve the | ||||||
23 | enforcement of federal criminal laws; | ||||||
24 | (1.5) the United States Department of Homeland | ||||||
25 | Security, United States Citizenship and Immigration | ||||||
26 | Services, United States Coast Guard, United States Customs |
| |||||||
| |||||||
1 | and Border Protection, and United States Immigration and | ||||||
2 | Customs Enforcement; | ||||||
3 | (2) the United States Department of the Treasury, the | ||||||
4 | Alcohol and Tobacco Tax and Trade Bureau, and the United | ||||||
5 | States Secret Service; | ||||||
6 | (3) the United States Internal Revenue Service; | ||||||
7 | (4) the United States General Services Administration; | ||||||
8 | (5) the United States Postal Service; | ||||||
9 | (6) (blank); and | ||||||
10 | (7) the United States Department of Defense. | ||||||
11 | (Source: P.A. 102-558, eff. 8-20-21.) | ||||||
12 | (720 ILCS 5/8-2) (from Ch. 38, par. 8-2) | ||||||
13 | Sec. 8-2. Conspiracy. | ||||||
14 | (a) Elements of the offense. A person commits the offense | ||||||
15 | of conspiracy when, with intent that an offense be committed, | ||||||
16 | he or she agrees with another to the commission of that | ||||||
17 | offense. No person may be convicted of conspiracy to commit an | ||||||
18 | offense unless an act in furtherance of that agreement is | ||||||
19 | alleged and proved to have been committed by him or her or by a | ||||||
20 | co-conspirator. | ||||||
21 | (b) Co-conspirators. It is not a defense to conspiracy | ||||||
22 | that the person or persons with whom the accused is alleged to | ||||||
23 | have conspired: | ||||||
24 | (1) have not been prosecuted or convicted, | ||||||
25 | (2) have been convicted of a different offense, |
| |||||||
| |||||||
1 | (3) are not amenable to justice, | ||||||
2 | (4) have been acquitted, or | ||||||
3 | (5) lacked the capacity to commit an offense. | ||||||
4 | (c) Sentence. | ||||||
5 | (1) Except as otherwise provided in this subsection or | ||||||
6 | Code, a person convicted of conspiracy to commit: | ||||||
7 | (A) a Class X felony shall be sentenced for a Class | ||||||
8 | 1 felony; | ||||||
9 | (B) a Class 1 felony shall be sentenced for a Class | ||||||
10 | 2 felony; | ||||||
11 | (C) a Class 2 felony shall be sentenced for a Class | ||||||
12 | 3 felony; | ||||||
13 | (D) a Class 3 felony shall be sentenced for a Class | ||||||
14 | 4 felony; | ||||||
15 | (E) a Class 4 felony shall be sentenced for a Class | ||||||
16 | 4 felony; and | ||||||
17 | (F) a misdemeanor may be fined or imprisoned or | ||||||
18 | both not to exceed the maximum provided for the | ||||||
19 | offense that is the object of the conspiracy. | ||||||
20 | (2) A person convicted of conspiracy to commit any of | ||||||
21 | the following offenses shall be sentenced for a Class X | ||||||
22 | felony: | ||||||
23 | (A) aggravated insurance fraud conspiracy when the | ||||||
24 | person is an organizer of the conspiracy (720 ILCS | ||||||
25 | 5/46-4); or | ||||||
26 | (B) aggravated governmental entity insurance fraud |
| |||||||
| |||||||
1 | conspiracy when the person is an organizer of the | ||||||
2 | conspiracy (720 ILCS 5/46-4). | ||||||
3 | (3) A person convicted of conspiracy to commit any of | ||||||
4 | the following offenses shall be sentenced for a Class 1 | ||||||
5 | felony: | ||||||
6 | (A) first degree murder (720 ILCS 5/9-1); or | ||||||
7 | (B) aggravated insurance fraud (720 ILCS 5/46-3) | ||||||
8 | or aggravated governmental insurance fraud (720 ILCS | ||||||
9 | 5/46-3). | ||||||
10 | (4) A person convicted of conspiracy to commit | ||||||
11 | insurance fraud (720 ILCS 5/46-3) or governmental entity | ||||||
12 | insurance fraud (720 ILCS 5/46-3) shall be sentenced for a | ||||||
13 | Class 2 felony. | ||||||
14 | (5) A person convicted of conspiracy to commit any of | ||||||
15 | the following offenses shall be sentenced for a Class 3 | ||||||
16 | felony: | ||||||
17 | (A) soliciting for a prostitute (720 ILCS | ||||||
18 | 5/11-14.3(a)(1)); | ||||||
19 | (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | ||||||
20 | 5/11-14.3(a)(2)(B)); | ||||||
21 | (C) keeping a place of prostitution (720 ILCS | ||||||
22 | 5/11-14.3(a)(1)); | ||||||
23 | (D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); | ||||||
24 | (E) unlawful possession use of weapons under | ||||||
25 | Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1)); | ||||||
26 | (F) unlawful possession use of weapons under |
| |||||||
| |||||||
1 | Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7)); | ||||||
2 | (G) gambling (720 ILCS 5/28-1); | ||||||
3 | (H) keeping a gambling place (720 ILCS 5/28-3); | ||||||
4 | (I) registration of federal gambling stamps | ||||||
5 | violation (720 ILCS 5/28-4); | ||||||
6 | (J) look-alike substances violation (720 ILCS | ||||||
7 | 570/404); | ||||||
8 | (K) miscellaneous controlled substance violation | ||||||
9 | under Section 406(b) (720 ILCS 570/406(b)); or | ||||||
10 | (L) an inchoate offense related to any of the | ||||||
11 | principal offenses set forth in this item (5). | ||||||
12 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11 .) | ||||||
13 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) | ||||||
14 | Sec. 24-1. Unlawful possession use of weapons. | ||||||
15 | (a) A person commits the offense of unlawful possession | ||||||
16 | use of weapons when he knowingly: | ||||||
17 | (1) Sells, manufactures, purchases, possesses or | ||||||
18 | carries any bludgeon, black-jack, slung-shot, sand-club, | ||||||
19 | sand-bag, metal knuckles or other knuckle weapon | ||||||
20 | regardless of its composition, throwing star, or any | ||||||
21 | knife, commonly referred to as a switchblade knife, which | ||||||
22 | has a blade that opens automatically by hand pressure | ||||||
23 | applied to a button, spring or other device in the handle | ||||||
24 | of the knife, or a ballistic knife, which is a device that | ||||||
25 | propels a knifelike blade as a projectile by means of a |
| |||||||
| |||||||
1 | coil spring, elastic material or compressed gas; or | ||||||
2 | (2) Carries or possesses with intent to use the same | ||||||
3 | unlawfully against another, a dagger, dirk, billy, | ||||||
4 | dangerous knife, razor, stiletto, broken bottle or other | ||||||
5 | piece of glass, stun gun or taser or any other dangerous or | ||||||
6 | deadly weapon or instrument of like character; or | ||||||
7 | (2.5) Carries or possesses with intent to use the same | ||||||
8 | unlawfully against another, any firearm in a church, | ||||||
9 | synagogue, mosque, or other building, structure, or place | ||||||
10 | used for religious worship; or | ||||||
11 | (3) Carries on or about his person or in any vehicle, a | ||||||
12 | tear gas gun projector or bomb or any object containing | ||||||
13 | noxious liquid gas or substance, other than an object | ||||||
14 | containing a non-lethal noxious liquid gas or substance | ||||||
15 | designed solely for personal defense carried by a person | ||||||
16 | 18 years of age or older; or | ||||||
17 | (4) Carries or possesses in any vehicle or concealed | ||||||
18 | on or about his person except when on his land or in his | ||||||
19 | own abode, legal dwelling, or fixed place of business, or | ||||||
20 | on the land or in the legal dwelling of another person as | ||||||
21 | an invitee with that person's permission, any pistol, | ||||||
22 | revolver, stun gun or taser or other firearm, except that | ||||||
23 | this subsection (a)(4) does not apply to or affect | ||||||
24 | transportation of weapons that meet one of the following | ||||||
25 | conditions: | ||||||
26 | (i) are broken down in a non-functioning state; or |
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or | ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box, shipping box, or other container by a | ||||||
4 | person who has been issued a currently valid Firearm | ||||||
5 | Owner's Identification Card; or | ||||||
6 | (iv) are carried or possessed in accordance with | ||||||
7 | the Firearm Concealed Carry Act by a person who has | ||||||
8 | been issued a currently valid license under the | ||||||
9 | Firearm Concealed Carry Act; or | ||||||
10 | (5) Sets a spring gun; or | ||||||
11 | (6) Possesses any device or attachment of any kind | ||||||
12 | designed, used or intended for use in silencing the report | ||||||
13 | of any firearm; or | ||||||
14 | (7) Sells, manufactures, purchases, possesses or | ||||||
15 | carries: | ||||||
16 | (i) a machine gun, which shall be defined for the | ||||||
17 | purposes of this subsection as any weapon, which | ||||||
18 | shoots, is designed to shoot, or can be readily | ||||||
19 | restored to shoot, automatically more than one shot | ||||||
20 | without manually reloading by a single function of the | ||||||
21 | trigger, including the frame or receiver of any such | ||||||
22 | weapon, or sells, manufactures, purchases, possesses, | ||||||
23 | or carries any combination of parts designed or | ||||||
24 | intended for use in converting any weapon into a | ||||||
25 | machine gun, or any combination or parts from which a | ||||||
26 | machine gun can be assembled if such parts are in the |
| |||||||
| |||||||
1 | possession or under the control of a person; | ||||||
2 | (ii) any rifle having one or more barrels less | ||||||
3 | than 16 inches in length or a shotgun having one or | ||||||
4 | more barrels less than 18 inches in length or any | ||||||
5 | weapon made from a rifle or shotgun, whether by | ||||||
6 | alteration, modification, or otherwise, if such a | ||||||
7 | weapon as modified has an overall length of less than | ||||||
8 | 26 inches; or | ||||||
9 | (iii) any bomb, bomb-shell, grenade, bottle or | ||||||
10 | other container containing an explosive substance of | ||||||
11 | over one-quarter ounce for like purposes, such as, but | ||||||
12 | not limited to, black powder bombs and Molotov | ||||||
13 | cocktails or artillery projectiles; or | ||||||
14 | (8) Carries or possesses any firearm, stun gun or | ||||||
15 | taser or other deadly weapon in any place which is | ||||||
16 | licensed to sell intoxicating beverages, or at any public | ||||||
17 | gathering held pursuant to a license issued by any | ||||||
18 | governmental body or any public gathering at which an | ||||||
19 | admission is charged, excluding a place where a showing, | ||||||
20 | demonstration or lecture involving the exhibition of | ||||||
21 | unloaded firearms is conducted. | ||||||
22 | This subsection (a)(8) does not apply to any auction | ||||||
23 | or raffle of a firearm held pursuant to a license or permit | ||||||
24 | issued by a governmental body, nor does it apply to | ||||||
25 | persons engaged in firearm safety training courses; or | ||||||
26 | (9) Carries or possesses in a vehicle or on or about |
| |||||||
| |||||||
1 | his or her person any pistol, revolver, stun gun or taser | ||||||
2 | or firearm or ballistic knife, when he or she is hooded, | ||||||
3 | robed or masked in such manner as to conceal his or her | ||||||
4 | identity; or | ||||||
5 | (10) Carries or possesses on or about his or her | ||||||
6 | person, upon any public street, alley, or other public | ||||||
7 | lands within the corporate limits of a city, village, or | ||||||
8 | incorporated town, except when an invitee thereon or | ||||||
9 | therein, for the purpose of the display of such weapon or | ||||||
10 | the lawful commerce in weapons, or except when on his land | ||||||
11 | or in his or her own abode, legal dwelling, or fixed place | ||||||
12 | of business, or on the land or in the legal dwelling of | ||||||
13 | another person as an invitee with that person's | ||||||
14 | permission, any pistol, revolver, stun gun, or taser or | ||||||
15 | other firearm, except that this subsection (a)(10) does | ||||||
16 | not apply to or affect transportation of weapons that meet | ||||||
17 | one of the following conditions: | ||||||
18 | (i) are broken down in a non-functioning state; or | ||||||
19 | (ii) are not immediately accessible; or | ||||||
20 | (iii) are unloaded and enclosed in a case, firearm | ||||||
21 | carrying box, shipping box, or other container by a | ||||||
22 | person who has been issued a currently valid Firearm | ||||||
23 | Owner's Identification Card; or | ||||||
24 | (iv) are carried or possessed in accordance with | ||||||
25 | the Firearm Concealed Carry Act by a person who has | ||||||
26 | been issued a currently valid license under the |
| |||||||
| |||||||
1 | Firearm Concealed Carry Act. | ||||||
2 | A "stun gun or taser", as used in this paragraph (a) | ||||||
3 | means (i) any device which is powered by electrical | ||||||
4 | charging units, such as, batteries, and which fires one or | ||||||
5 | several barbs attached to a length of wire and which, upon | ||||||
6 | hitting a human, can send out a current capable of | ||||||
7 | disrupting the person's nervous system in such a manner as | ||||||
8 | to render him incapable of normal functioning or (ii) any | ||||||
9 | device which is powered by electrical charging units, such | ||||||
10 | as batteries, and which, upon contact with a human or | ||||||
11 | clothing worn by a human, can send out current capable of | ||||||
12 | disrupting the person's nervous system in such a manner as | ||||||
13 | to render him incapable of normal functioning; or | ||||||
14 | (11) Sells, manufactures, delivers, imports, | ||||||
15 | possesses, or purchases any assault weapon attachment or | ||||||
16 | .50 caliber cartridge in violation of Section 24-1.9 or | ||||||
17 | any explosive bullet. For purposes of this paragraph (a) | ||||||
18 | "explosive bullet" means the projectile portion of an | ||||||
19 | ammunition cartridge which contains or carries an | ||||||
20 | explosive charge which will explode upon contact with the | ||||||
21 | flesh of a human or an animal. "Cartridge" means a tubular | ||||||
22 | metal case having a projectile affixed at the front | ||||||
23 | thereof and a cap or primer at the rear end thereof, with | ||||||
24 | the propellant contained in such tube between the | ||||||
25 | projectile and the cap; or | ||||||
26 | (12) (Blank); or |
| |||||||
| |||||||
1 | (13) Carries or possesses on or about his or her | ||||||
2 | person while in a building occupied by a unit of | ||||||
3 | government, a billy club, other weapon of like character, | ||||||
4 | or other instrument of like character intended for use as | ||||||
5 | a weapon. For the purposes of this Section, "billy club" | ||||||
6 | means a short stick or club commonly carried by police | ||||||
7 | officers which is either telescopic or constructed of a | ||||||
8 | solid piece of wood or other man-made material; or | ||||||
9 | (14) Manufactures, possesses, sells, or offers to | ||||||
10 | sell, purchase, manufacture, import, transfer, or use any | ||||||
11 | device, part, kit, tool, accessory, or combination of | ||||||
12 | parts that is designed to and functions to increase the | ||||||
13 | rate of fire of a semiautomatic firearm above the standard | ||||||
14 | rate of fire for semiautomatic firearms that is not | ||||||
15 | equipped with that device, part, or combination of parts; | ||||||
16 | or | ||||||
17 | (15) Carries or possesses any assault weapon or .50 | ||||||
18 | caliber rifle in violation of Section 24-1.9; or | ||||||
19 | (16) Manufactures, sells, delivers, imports, or | ||||||
20 | purchases any assault weapon or .50 caliber rifle in | ||||||
21 | violation of Section 24-1.9. | ||||||
22 | (b) Sentence. A person convicted of a violation of | ||||||
23 | subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), | ||||||
24 | subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) | ||||||
25 | commits a Class A misdemeanor. A person convicted of a | ||||||
26 | violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a |
| |||||||
| |||||||
1 | Class 4 felony; a person convicted of a violation of | ||||||
2 | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | ||||||
3 | 24-1(a)(16) commits a Class 3 felony. A person convicted of a | ||||||
4 | violation of subsection 24-1(a)(7)(i) commits a Class 2 felony | ||||||
5 | and shall be sentenced to a term of imprisonment of not less | ||||||
6 | than 3 years and not more than 7 years, unless the weapon is | ||||||
7 | possessed in the passenger compartment of a motor vehicle as | ||||||
8 | defined in Section 1-146 of the Illinois Vehicle Code, or on | ||||||
9 | the person, while the weapon is loaded, in which case it shall | ||||||
10 | be a Class X felony. A person convicted of a second or | ||||||
11 | subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), | ||||||
12 | 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 | ||||||
13 | felony. A person convicted of a violation of subsection | ||||||
14 | 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | ||||||
15 | possession of each weapon or device in violation of this | ||||||
16 | Section constitutes a single and separate violation. | ||||||
17 | (c) Violations in specific places. | ||||||
18 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
19 | 24-1(a)(7) in any school, regardless of the time of day or | ||||||
20 | the time of year, in residential property owned, operated | ||||||
21 | or managed by a public housing agency or leased by a public | ||||||
22 | housing agency as part of a scattered site or mixed-income | ||||||
23 | development, in a public park, in a courthouse, on the | ||||||
24 | real property comprising any school, regardless of the | ||||||
25 | time of day or the time of year, on residential property | ||||||
26 | owned, operated or managed by a public housing agency or |
| |||||||
| |||||||
1 | leased by a public housing agency as part of a scattered | ||||||
2 | site or mixed-income development, on the real property | ||||||
3 | comprising any public park, on the real property | ||||||
4 | comprising any courthouse, in any conveyance owned, leased | ||||||
5 | or contracted by a school to transport students to or from | ||||||
6 | school or a school related activity, in any conveyance | ||||||
7 | owned, leased, or contracted by a public transportation | ||||||
8 | agency, or on any public way within 1,000 feet of the real | ||||||
9 | property comprising any school, public park, courthouse, | ||||||
10 | public transportation facility, or residential property | ||||||
11 | owned, operated, or managed by a public housing agency or | ||||||
12 | leased by a public housing agency as part of a scattered | ||||||
13 | site or mixed-income development commits a Class 2 felony | ||||||
14 | and shall be sentenced to a term of imprisonment of not | ||||||
15 | less than 3 years and not more than 7 years. | ||||||
16 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(9), or 24-1(a)(10) in any school, regardless of | ||||||
18 | the time of day or the time of year, in residential | ||||||
19 | property owned, operated, or managed by a public housing | ||||||
20 | agency or leased by a public housing agency as part of a | ||||||
21 | scattered site or mixed-income development, in a public | ||||||
22 | park, in a courthouse, on the real property comprising any | ||||||
23 | school, regardless of the time of day or the time of year, | ||||||
24 | on residential property owned, operated, or managed by a | ||||||
25 | public housing agency or leased by a public housing agency | ||||||
26 | as part of a scattered site or mixed-income development, |
| |||||||
| |||||||
1 | on the real property comprising any public park, on the | ||||||
2 | real property comprising any courthouse, in any conveyance | ||||||
3 | owned, leased, or contracted by a school to transport | ||||||
4 | students to or from school or a school related activity, | ||||||
5 | in any conveyance owned, leased, or contracted by a public | ||||||
6 | transportation agency, or on any public way within 1,000 | ||||||
7 | feet of the real property comprising any school, public | ||||||
8 | park, courthouse, public transportation facility, or | ||||||
9 | residential property owned, operated, or managed by a | ||||||
10 | public housing agency or leased by a public housing agency | ||||||
11 | as part of a scattered site or mixed-income development | ||||||
12 | commits a Class 3 felony. | ||||||
13 | (2) A person who violates subsection 24-1(a)(1), | ||||||
14 | 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the | ||||||
15 | time of day or the time of year, in residential property | ||||||
16 | owned, operated or managed by a public housing agency or | ||||||
17 | leased by a public housing agency as part of a scattered | ||||||
18 | site or mixed-income development, in a public park, in a | ||||||
19 | courthouse, on the real property comprising any school, | ||||||
20 | regardless of the time of day or the time of year, on | ||||||
21 | residential property owned, operated or managed by a | ||||||
22 | public housing agency or leased by a public housing agency | ||||||
23 | as part of a scattered site or mixed-income development, | ||||||
24 | on the real property comprising any public park, on the | ||||||
25 | real property comprising any courthouse, in any conveyance | ||||||
26 | owned, leased or contracted by a school to transport |
| |||||||
| |||||||
1 | students to or from school or a school related activity, | ||||||
2 | in any conveyance owned, leased, or contracted by a public | ||||||
3 | transportation agency, or on any public way within 1,000 | ||||||
4 | feet of the real property comprising any school, public | ||||||
5 | park, courthouse, public transportation facility, or | ||||||
6 | residential property owned, operated, or managed by a | ||||||
7 | public housing agency or leased by a public housing agency | ||||||
8 | as part of a scattered site or mixed-income development | ||||||
9 | commits a Class 4 felony. "Courthouse" means any building | ||||||
10 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
11 | of this State for the conduct of official business. | ||||||
12 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
13 | (c) shall not apply to law enforcement officers or | ||||||
14 | security officers of such school, college, or university | ||||||
15 | or to students carrying or possessing firearms for use in | ||||||
16 | training courses, parades, hunting, target shooting on | ||||||
17 | school ranges, or otherwise with the consent of school | ||||||
18 | authorities and which firearms are transported unloaded | ||||||
19 | enclosed in a suitable case, box, or transportation | ||||||
20 | package. | ||||||
21 | (4) For the purposes of this subsection (c), "school" | ||||||
22 | means any public or private elementary or secondary | ||||||
23 | school, community college, college, or university. | ||||||
24 | (5) For the purposes of this subsection (c), "public | ||||||
25 | transportation agency" means a public or private agency | ||||||
26 | that provides for the transportation or conveyance of |
| |||||||
| |||||||
1 | persons by means available to the general public, except | ||||||
2 | for transportation by automobiles not used for conveyance | ||||||
3 | of the general public as passengers; and "public | ||||||
4 | transportation facility" means a terminal or other place | ||||||
5 | where one may obtain public transportation. | ||||||
6 | (d) The presence in an automobile other than a public | ||||||
7 | omnibus of any weapon, instrument or substance referred to in | ||||||
8 | subsection (a)(7) is prima facie evidence that it is in the | ||||||
9 | possession of, and is being carried by, all persons occupying | ||||||
10 | such automobile at the time such weapon, instrument or | ||||||
11 | substance is found, except under the following circumstances: | ||||||
12 | (i) if such weapon, instrument or instrumentality is found | ||||||
13 | upon the person of one of the occupants therein; or (ii) if | ||||||
14 | such weapon, instrument or substance is found in an automobile | ||||||
15 | operated for hire by a duly licensed driver in the due, lawful | ||||||
16 | and proper pursuit of his or her trade, then such presumption | ||||||
17 | shall not apply to the driver. | ||||||
18 | (e) Exemptions. | ||||||
19 | (1) Crossbows, Common or Compound bows and Underwater | ||||||
20 | Spearguns are exempted from the definition of ballistic | ||||||
21 | knife as defined in paragraph (1) of subsection (a) of | ||||||
22 | this Section. | ||||||
23 | (2) The provision of paragraph (1) of subsection (a) | ||||||
24 | of this Section prohibiting the sale, manufacture, | ||||||
25 | purchase, possession, or carrying of any knife, commonly | ||||||
26 | referred to as a switchblade knife, which has a blade that |
| |||||||
| |||||||
1 | opens automatically by hand pressure applied to a button, | ||||||
2 | spring or other device in the handle of the knife, does not | ||||||
3 | apply to a person who possesses a currently valid Firearm | ||||||
4 | Owner's Identification Card previously issued in his or | ||||||
5 | her name by the Illinois State Police or to a person or an | ||||||
6 | entity engaged in the business of selling or manufacturing | ||||||
7 | switchblade knives. | ||||||
8 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
9 | 102-1116, eff. 1-10-23.) | ||||||
10 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) | ||||||
11 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
12 | felons or persons in the custody of the Department of | ||||||
13 | Corrections facilities. | ||||||
14 | (a) It is unlawful for a person to knowingly possess on or | ||||||
15 | about his person or on his land or in his own abode or fixed | ||||||
16 | place of business any weapon prohibited under Section 24-1 of | ||||||
17 | this Act or any firearm or any firearm ammunition if the person | ||||||
18 | has been convicted of a felony under the laws of this State or | ||||||
19 | any other jurisdiction. This Section shall not apply if the | ||||||
20 | person has been granted relief by the Director of the Illinois | ||||||
21 | State Police under Section 10 of the Firearm Owners | ||||||
22 | Identification Card Act. | ||||||
23 | (b) It is unlawful for any person confined in a penal | ||||||
24 | institution, which is a facility of the Illinois Department of | ||||||
25 | Corrections, to possess any weapon prohibited under Section |
| |||||||
| |||||||
1 | 24-1 of this Code or any firearm or firearm ammunition, | ||||||
2 | regardless of the intent with which he possesses it. | ||||||
3 | (c) It shall be an affirmative defense to a violation of | ||||||
4 | subsection (b), that such possession was specifically | ||||||
5 | authorized by rule, regulation, or directive of the Illinois | ||||||
6 | Department of Corrections or order issued pursuant thereto. | ||||||
7 | (d) The defense of necessity is not available to a person | ||||||
8 | who is charged with a violation of subsection (b) of this | ||||||
9 | Section. | ||||||
10 | (e) Sentence. Violation of this Section by a person not | ||||||
11 | confined in a penal institution shall be a Class 3 felony for | ||||||
12 | which the person shall be sentenced to no less than 2 years and | ||||||
13 | no more than 10 years. A second or subsequent violation of this | ||||||
14 | Section shall be a Class 2 felony for which the person shall be | ||||||
15 | sentenced to a term of imprisonment of not less than 3 years | ||||||
16 | and not more than 14 years, except as provided for in Section | ||||||
17 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
18 | this Section by a person not confined in a penal institution | ||||||
19 | who has been convicted of a forcible felony, a felony | ||||||
20 | violation of Article 24 of this Code or of the Firearm Owners | ||||||
21 | Identification Card Act, stalking or aggravated stalking, or a | ||||||
22 | Class 2 or greater felony under the Illinois Controlled | ||||||
23 | Substances Act, the Cannabis Control Act, or the | ||||||
24 | Methamphetamine Control and Community Protection Act is a | ||||||
25 | Class 2 felony for which the person shall be sentenced to not | ||||||
26 | less than 3 years and not more than 14 years, except as |
| |||||||
| |||||||
1 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
2 | Corrections. Violation of this Section by a person who is on | ||||||
3 | parole or mandatory supervised release is a Class 2 felony for | ||||||
4 | which the person shall be sentenced to 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 is | ||||||
8 | a Class X felony when the firearm possessed is a machine gun. | ||||||
9 | Any person who violates this Section while confined in a penal | ||||||
10 | institution, which is a facility of the Illinois Department of | ||||||
11 | Corrections, is guilty of a Class 1 felony, if he possesses any | ||||||
12 | weapon prohibited under Section 24-1 of this Code regardless | ||||||
13 | of the intent with which he possesses it, a Class X felony if | ||||||
14 | he possesses any firearm, firearm ammunition or explosive, and | ||||||
15 | a Class X felony for which the offender shall be sentenced to | ||||||
16 | not less than 12 years and not more than 50 years when the | ||||||
17 | firearm possessed is a machine gun. A violation of this | ||||||
18 | Section while wearing or in possession of body armor as | ||||||
19 | defined in Section 33F-1 is a Class X felony punishable by a | ||||||
20 | term of imprisonment of not less than 10 years and not more | ||||||
21 | than 40 years. The possession of each firearm or firearm | ||||||
22 | ammunition in violation of this Section constitutes a single | ||||||
23 | and separate violation. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
25 | (720 ILCS 5/24-1.6) |
| |||||||
| |||||||
1 | Sec. 24-1.6. Aggravated unlawful possession use of a | ||||||
2 | weapon. | ||||||
3 | (a) A person commits the offense of aggravated unlawful | ||||||
4 | possession use of a weapon when he or she knowingly: | ||||||
5 | (1) Carries on or about his or her person or in any | ||||||
6 | vehicle or concealed on or about his or her person except | ||||||
7 | when on his or her land or in his or her abode, legal | ||||||
8 | dwelling, or fixed place of business, or on the land or in | ||||||
9 | the legal dwelling of another person as an invitee with | ||||||
10 | that person's permission, any pistol, revolver, stun gun | ||||||
11 | or taser or other firearm; or | ||||||
12 | (2) Carries or possesses on or about his or her | ||||||
13 | person, upon any public street, alley, or other public | ||||||
14 | lands within the corporate limits of a city, village or | ||||||
15 | incorporated town, except when an invitee thereon or | ||||||
16 | therein, for the purpose of the display of such weapon or | ||||||
17 | the lawful commerce in weapons, or except when on his or | ||||||
18 | her own land or in his or her own abode, legal dwelling, or | ||||||
19 | fixed place of business, or on the land or in the legal | ||||||
20 | dwelling of another person as an invitee with that | ||||||
21 | person's permission, any pistol, revolver, stun gun or | ||||||
22 | taser or other firearm; and | ||||||
23 | (3) One of the following factors is present: | ||||||
24 | (A) the firearm, other than a pistol, revolver, or | ||||||
25 | handgun, possessed was uncased, loaded, and | ||||||
26 | immediately accessible at the time of the offense; or |
| |||||||
| |||||||
1 | (A-5) the pistol, revolver, or handgun possessed | ||||||
2 | was uncased, loaded, and immediately accessible at the | ||||||
3 | time of the offense and the person possessing the | ||||||
4 | pistol, revolver, or handgun has not been issued a | ||||||
5 | currently valid license under the Firearm Concealed | ||||||
6 | Carry Act; or | ||||||
7 | (B) the firearm, other than a pistol, revolver, or | ||||||
8 | handgun, possessed was uncased, unloaded, and the | ||||||
9 | ammunition for the weapon was immediately accessible | ||||||
10 | at the time of the offense; or | ||||||
11 | (B-5) the pistol, revolver, or handgun possessed | ||||||
12 | was uncased, unloaded, and the ammunition for the | ||||||
13 | weapon was immediately accessible at the time of the | ||||||
14 | offense and the person possessing the pistol, | ||||||
15 | revolver, or handgun has not been issued a currently | ||||||
16 | valid license under the Firearm Concealed Carry Act; | ||||||
17 | or | ||||||
18 | (C) the person possessing the firearm has not been | ||||||
19 | issued a currently valid Firearm Owner's | ||||||
20 | Identification Card; or | ||||||
21 | (D) the person possessing the weapon was | ||||||
22 | previously adjudicated a delinquent minor under the | ||||||
23 | Juvenile Court Act of 1987 for an act that if committed | ||||||
24 | by an adult would be a felony; or | ||||||
25 | (E) the person possessing the weapon was engaged | ||||||
26 | in a misdemeanor violation of the Cannabis Control |
| |||||||
| |||||||
1 | Act, in a misdemeanor violation of the Illinois | ||||||
2 | Controlled Substances Act, or in a misdemeanor | ||||||
3 | violation of the Methamphetamine Control and Community | ||||||
4 | Protection Act; or | ||||||
5 | (F) (blank); or | ||||||
6 | (G) the person possessing the weapon had an order | ||||||
7 | of protection issued against him or her within the | ||||||
8 | previous 2 years; or | ||||||
9 | (H) the person possessing the weapon was engaged | ||||||
10 | in the commission or attempted commission of a | ||||||
11 | misdemeanor involving the use or threat of violence | ||||||
12 | against the person or property of another; or | ||||||
13 | (I) the person possessing the weapon was under 21 | ||||||
14 | years of age and in possession of a handgun, unless the | ||||||
15 | person under 21 is engaged in lawful activities under | ||||||
16 | the Wildlife Code or described in subsection | ||||||
17 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
18 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
19 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
20 | (b) "Stun gun or taser" as used in this Section has the | ||||||
21 | same definition given to it in Section 24-1 of this Code. | ||||||
22 | (c) This Section does not apply to or affect the | ||||||
23 | transportation or possession of weapons that: | ||||||
24 | (i) are broken down in a non-functioning state; or | ||||||
25 | (ii) are not immediately accessible; or | ||||||
26 | (iii) are unloaded and enclosed in a case, firearm |
| |||||||
| |||||||
1 | carrying box, shipping box, or other container by a person | ||||||
2 | who has been issued a currently valid Firearm Owner's | ||||||
3 | Identification Card. | ||||||
4 | (d) Sentence. | ||||||
5 | (1) Aggravated unlawful possession use of a weapon is | ||||||
6 | a Class 4 felony; a second or subsequent offense is a Class | ||||||
7 | 2 felony for which the person shall be sentenced to a term | ||||||
8 | of imprisonment of not less than 3 years and not more than | ||||||
9 | 7 years, except as provided for in Section 5-4.5-110 of | ||||||
10 | the Unified Code of Corrections. | ||||||
11 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
12 | (4) of this subsection (d), a first offense of aggravated | ||||||
13 | unlawful possession use of a weapon committed with a | ||||||
14 | firearm by a person 18 years of age or older where the | ||||||
15 | factors listed in both items (A) and (C) or both items | ||||||
16 | (A-5) and (C) of paragraph (3) of subsection (a) are | ||||||
17 | present is a Class 4 felony, for which the person shall be | ||||||
18 | sentenced to a term of imprisonment of not less than one | ||||||
19 | year and not more than 3 years. | ||||||
20 | (3) Aggravated unlawful possession use of a weapon by | ||||||
21 | a person who has been previously convicted of a felony in | ||||||
22 | this State or another jurisdiction is a Class 2 felony for | ||||||
23 | which the person shall be sentenced to a term of | ||||||
24 | imprisonment of not less than 3 years and not more than 7 | ||||||
25 | years, except as provided for in Section 5-4.5-110 of the | ||||||
26 | Unified Code of Corrections. |
| |||||||
| |||||||
1 | (4) Aggravated unlawful possession use of a weapon | ||||||
2 | while wearing or in possession of body armor as defined in | ||||||
3 | Section 33F-1 by a person who has not been issued a valid | ||||||
4 | Firearms Owner's Identification Card in accordance with | ||||||
5 | Section 5 of the Firearm Owners Identification Card Act is | ||||||
6 | a Class X felony. | ||||||
7 | (e) The possession of each firearm in violation of this | ||||||
8 | Section constitutes a single and separate violation. | ||||||
9 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) | ||||||
10 | (720 ILCS 5/24-1.7) | ||||||
11 | Sec. 24-1.7. Unlawful possession of a firearm by a repeat | ||||||
12 | felony offender Armed habitual criminal . | ||||||
13 | (a) A person commits the offense of unlawful possession of | ||||||
14 | a firearm by a repeat felony offender being an armed habitual | ||||||
15 | criminal if he or she receives, sells, possesses, or transfers | ||||||
16 | any firearm after having been convicted a total of 2 or more | ||||||
17 | times of any combination of the following offenses: | ||||||
18 | (1) a forcible felony as defined in Section 2-8 of | ||||||
19 | this Code; | ||||||
20 | (2) unlawful possession use of a weapon by a felon; | ||||||
21 | aggravated unlawful possession use of a weapon; aggravated | ||||||
22 | discharge of a firearm; vehicular hijacking; aggravated | ||||||
23 | vehicular hijacking; aggravated battery of a child as | ||||||
24 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
25 | Section 12-3.05; intimidation; aggravated intimidation; |
| |||||||
| |||||||
1 | gunrunning; home invasion; or aggravated battery with a | ||||||
2 | firearm as described in Section 12-4.2 or subdivision | ||||||
3 | (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or | ||||||
4 | (3) any violation of the Illinois Controlled | ||||||
5 | Substances Act or the Cannabis Control Act that is | ||||||
6 | punishable as a Class 3 felony or higher. | ||||||
7 | (b) Sentence. Unlawful possession of a firearm by a repeat | ||||||
8 | felony offender Being an armed habitual criminal is a Class X | ||||||
9 | felony. | ||||||
10 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
11 | (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1) | ||||||
12 | Sec. 24-2.1. Unlawful possession use of firearm | ||||||
13 | projectiles. | ||||||
14 | (a) A person commits the offense of unlawful possession | ||||||
15 | use of firearm projectiles when he or she knowingly | ||||||
16 | manufactures, sells, purchases, possesses, or carries any | ||||||
17 | armor piercing bullet, dragon's breath shotgun shell, bolo | ||||||
18 | shell, or flechette shell. | ||||||
19 | For the purposes of this Section: | ||||||
20 | "Armor piercing bullet" means any handgun bullet or | ||||||
21 | handgun ammunition with projectiles or projectile cores | ||||||
22 | constructed entirely (excluding the presence of traces of | ||||||
23 | other substances) from tungsten alloys, steel, iron, brass, | ||||||
24 | bronze, beryllium copper or depleted uranium, or fully | ||||||
25 | jacketed bullets larger than 22 caliber designed and intended |
| |||||||
| |||||||
1 | for use in a handgun and whose jacket has a weight of more than | ||||||
2 | 25% of the total weight of the projectile, and excluding those | ||||||
3 | handgun projectiles whose cores are composed of soft materials | ||||||
4 | such as lead or lead alloys, zinc or zinc alloys, frangible | ||||||
5 | projectiles designed primarily for sporting purposes, and any | ||||||
6 | other projectiles or projectile cores that the U. S. Secretary | ||||||
7 | of the Treasury finds to be primarily intended to be used for | ||||||
8 | sporting purposes or industrial purposes or that otherwise | ||||||
9 | does not constitute "armor piercing ammunition" as that term | ||||||
10 | is defined by federal law. | ||||||
11 | The definition contained herein shall not be construed to | ||||||
12 | include shotgun shells. | ||||||
13 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
14 | that contains exothermic pyrophoric mesh metal as the | ||||||
15 | projectile and is designed for the purpose of throwing or | ||||||
16 | spewing a flame or fireball to simulate a flame-thrower. | ||||||
17 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
18 | and expels as projectiles 2 or more metal balls connected by | ||||||
19 | solid metal wire. | ||||||
20 | "Flechette shell" means any shell that can be fired in a | ||||||
21 | firearm and expels 2 or more pieces of fin-stabilized solid | ||||||
22 | metal wire or 2 or more solid dart-type projectiles. | ||||||
23 | (b) Exemptions. This Section does not apply to or affect | ||||||
24 | any of the following: | ||||||
25 | (1) Peace officers. | ||||||
26 | (2) Wardens, superintendents and keepers of prisons, |
| |||||||
| |||||||
1 | penitentiaries, jails and other institutions for the | ||||||
2 | detention of persons accused or convicted of an offense. | ||||||
3 | (3) Members of the Armed Services or Reserve Forces of | ||||||
4 | the United States or the Illinois National Guard while in | ||||||
5 | the performance of their official duties. | ||||||
6 | (4) Federal officials required to carry firearms, | ||||||
7 | while engaged in the performance of their official duties. | ||||||
8 | (5) United States Marshals, while engaged in the | ||||||
9 | performance of their official duties. | ||||||
10 | (6) Persons licensed under federal law to manufacture, | ||||||
11 | import, or sell firearms and firearm ammunition, and | ||||||
12 | actually engaged in any such business, but only with | ||||||
13 | respect to activities which are within the lawful scope of | ||||||
14 | such business, such as the manufacture, transportation, or | ||||||
15 | testing of such bullets or ammunition. | ||||||
16 | This exemption does not authorize the general private | ||||||
17 | possession of any armor piercing bullet, dragon's breath | ||||||
18 | shotgun shell, bolo shell, or flechette shell, but only | ||||||
19 | such possession and activities which are within the lawful | ||||||
20 | scope of a licensed business described in this paragraph. | ||||||
21 | (7) Laboratories having a department of forensic | ||||||
22 | ballistics or specializing in the development of | ||||||
23 | ammunition or explosive ordnance. | ||||||
24 | (8) Manufacture, transportation, or sale of armor | ||||||
25 | piercing bullets, dragon's breath shotgun shells, bolo | ||||||
26 | shells, or flechette shells to persons specifically |
| |||||||
| |||||||
1 | authorized under paragraphs (1) through (7) of this | ||||||
2 | subsection to possess such bullets or shells. | ||||||
3 | (c) An information or indictment based upon a violation of | ||||||
4 | this Section need not negate any exemption herein contained. | ||||||
5 | The defendant shall have the burden of proving such an | ||||||
6 | exemption. | ||||||
7 | (d) Sentence. A person convicted of unlawful possession | ||||||
8 | use of armor piercing bullets shall be guilty of a Class 3 | ||||||
9 | felony. | ||||||
10 | (Source: P.A. 92-423, eff. 1-1-02.) | ||||||
11 | (720 ILCS 5/24-3.6) | ||||||
12 | Sec. 24-3.6. Unlawful possession use of a firearm in the | ||||||
13 | shape of a wireless telephone. | ||||||
14 | (a) For the purposes of this Section, "wireless telephone" | ||||||
15 | means a device that is capable of transmitting or receiving | ||||||
16 | telephonic communications without a wire connecting the device | ||||||
17 | to the telephone network. | ||||||
18 | (b) A person commits the offense of unlawful possession | ||||||
19 | use of a firearm in the shape of a wireless telephone when he | ||||||
20 | or she manufactures, sells, transfers, purchases, possesses, | ||||||
21 | or carries a firearm shaped or designed to appear as a wireless | ||||||
22 | telephone. | ||||||
23 | (c) This Section does not apply to or affect the sale to or | ||||||
24 | possession of a firearm in the shape of a wireless telephone by | ||||||
25 | a peace officer. |
| |||||||
| |||||||
1 | (d) Sentence. Unlawful possession use of a firearm in the | ||||||
2 | shape of a wireless telephone is a Class 4 felony. | ||||||
3 | (Source: P.A. 92-155, eff. 1-1-02.) | ||||||
4 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) | ||||||
5 | Sec. 36-1. Property subject to forfeiture. | ||||||
6 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
7 | subject to forfeiture under this Article if the vessel or | ||||||
8 | watercraft, vehicle, or aircraft is used with the knowledge | ||||||
9 | and consent of the owner in the commission of or in the attempt | ||||||
10 | to commit as defined in Section 8-4 of this Code: | ||||||
11 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
12 | murder), Section 9-3 (involuntary manslaughter and | ||||||
13 | reckless homicide), Section 10-2 (aggravated kidnaping), | ||||||
14 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
15 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
16 | (predatory criminal sexual assault of a child), subsection | ||||||
17 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
18 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
19 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
20 | child), Section 11-14.4 (promoting juvenile prostitution | ||||||
21 | except for keeping a place of juvenile prostitution), | ||||||
22 | Section 11-20.1 (child pornography), paragraph (a)(1), | ||||||
23 | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||||||
24 | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||||||
25 | (aggravated battery), Section 12-7.3 (stalking), Section |
| |||||||
| |||||||
1 | 12-7.4 (aggravated stalking), Section 16-1 (theft if the | ||||||
2 | theft is of precious metal or of scrap metal), subdivision | ||||||
3 | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||||||
4 | 18-2 (armed robbery), Section 19-1 (burglary), Section | ||||||
5 | 19-2 (possession of burglary tools), Section 19-3 | ||||||
6 | (residential burglary), Section 20-1 (arson; residential | ||||||
7 | arson; place of worship arson), Section 20-2 (possession | ||||||
8 | of explosives or explosive or incendiary devices), | ||||||
9 | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful | ||||||
10 | possession use of weapons), Section 24-1.2 (aggravated | ||||||
11 | discharge of a firearm), Section 24-1.2-5 (aggravated | ||||||
12 | discharge of a machine gun or a firearm equipped with a | ||||||
13 | device designed or used for silencing the report of a | ||||||
14 | firearm), Section 24-1.5 (reckless discharge of a | ||||||
15 | firearm), Section 28-1 (gambling), or Section 29D-15.2 | ||||||
16 | (possession of a deadly substance) of this Code; | ||||||
17 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
18 | 26 of the Cigarette Tax Act if the vessel or watercraft, | ||||||
19 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
20 | cigarettes; | ||||||
21 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
22 | the Cigarette Use Tax Act if the vessel or watercraft, | ||||||
23 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
24 | cigarettes; | ||||||
25 | (4) an offense prohibited by Section 44 of the | ||||||
26 | Environmental Protection Act; |
| |||||||
| |||||||
1 | (5) an offense prohibited by Section 11-204.1 of the | ||||||
2 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
3 | elude a peace officer); | ||||||
4 | (6) an offense prohibited by Section 11-501 of the | ||||||
5 | Illinois Vehicle Code (driving while under the influence | ||||||
6 | of alcohol or other drug or drugs, intoxicating compound | ||||||
7 | or compounds or any combination thereof) or a similar | ||||||
8 | provision of a local ordinance, and: | ||||||
9 | (A) during a period in which his or her driving | ||||||
10 | privileges are revoked or suspended if the revocation | ||||||
11 | or suspension was for: | ||||||
12 | (i) Section 11-501 (driving under the | ||||||
13 | influence of alcohol or other drug or drugs, | ||||||
14 | intoxicating compound or compounds or any | ||||||
15 | combination thereof), | ||||||
16 | (ii) Section 11-501.1 (statutory summary | ||||||
17 | suspension or revocation), | ||||||
18 | (iii) paragraph (b) of Section 11-401 (motor | ||||||
19 | vehicle crashes involving death or personal | ||||||
20 | injuries), or | ||||||
21 | (iv) reckless homicide as defined in Section | ||||||
22 | 9-3 of this Code; | ||||||
23 | (B) has been previously convicted of reckless | ||||||
24 | homicide or a similar provision of a law of another | ||||||
25 | state relating to reckless homicide in which the | ||||||
26 | person was determined to have been under the influence |
| |||||||
| |||||||
1 | of alcohol, other drug or drugs, or intoxicating | ||||||
2 | compound or compounds as an element of the offense or | ||||||
3 | the person has previously been convicted of committing | ||||||
4 | a violation of driving under the influence of alcohol | ||||||
5 | or other drug or drugs, intoxicating compound or | ||||||
6 | compounds or any combination thereof and was involved | ||||||
7 | in a motor vehicle crash that resulted in death, great | ||||||
8 | bodily harm, or permanent disability or disfigurement | ||||||
9 | to another, when the violation was a proximate cause | ||||||
10 | of the death or injuries; | ||||||
11 | (C) the person committed a violation of driving | ||||||
12 | under the influence of alcohol or other drug or drugs, | ||||||
13 | intoxicating compound or compounds or any combination | ||||||
14 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
15 | Code or a similar provision for the third or | ||||||
16 | subsequent time; | ||||||
17 | (D) he or she did not possess a valid driver's | ||||||
18 | license or permit or a valid restricted driving permit | ||||||
19 | or a valid judicial driving permit or a valid | ||||||
20 | monitoring device driving permit; or | ||||||
21 | (E) he or she knew or should have known that the | ||||||
22 | vehicle he or she was driving was not covered by a | ||||||
23 | liability insurance policy; | ||||||
24 | (7) an offense described in subsection (g) of Section | ||||||
25 | 6-303 of the Illinois Vehicle Code; | ||||||
26 | (8) an offense described in subsection (e) of Section |
| |||||||
| |||||||
1 | 6-101 of the Illinois Vehicle Code; or | ||||||
2 | (9)(A) operating a watercraft under the influence of | ||||||
3 | alcohol, other drug or drugs, intoxicating compound or | ||||||
4 | compounds, or combination thereof under Section 5-16 of | ||||||
5 | the Boat Registration and Safety Act during a period in | ||||||
6 | which his or her privileges to operate a watercraft are | ||||||
7 | revoked or suspended and the revocation or suspension was | ||||||
8 | for operating a watercraft under the influence of alcohol, | ||||||
9 | other drug or drugs, intoxicating compound or compounds, | ||||||
10 | or combination thereof; (B) operating a watercraft under | ||||||
11 | the influence of alcohol, other drug or drugs, | ||||||
12 | intoxicating compound or compounds, or combination thereof | ||||||
13 | and has been previously convicted of reckless homicide or | ||||||
14 | a similar provision of a law in another state relating to | ||||||
15 | reckless homicide in which the person was determined to | ||||||
16 | have been under the influence of alcohol, other drug or | ||||||
17 | drugs, intoxicating compound or compounds, or combination | ||||||
18 | thereof as an element of the offense or the person has | ||||||
19 | previously been convicted of committing a violation of | ||||||
20 | operating a watercraft under the influence of alcohol, | ||||||
21 | other drug or drugs, intoxicating compound or compounds, | ||||||
22 | or combination thereof and was involved in an accident | ||||||
23 | that resulted in death, great bodily harm, or permanent | ||||||
24 | disability or disfigurement to another, when the violation | ||||||
25 | was a proximate cause of the death or injuries; or (C) the | ||||||
26 | person committed a violation of operating a watercraft |
| |||||||
| |||||||
1 | under the influence of alcohol, other drug or drugs, | ||||||
2 | intoxicating compound or compounds, or combination thereof | ||||||
3 | under Section 5-16 of the Boat Registration and Safety Act | ||||||
4 | or a similar provision for the third or subsequent time. | ||||||
5 | (b) In addition, any mobile or portable equipment used in | ||||||
6 | the commission of an act which is in violation of Section 7g of | ||||||
7 | the Metropolitan Water Reclamation District Act shall be | ||||||
8 | subject to seizure and forfeiture under the same procedures | ||||||
9 | provided in this Article for the seizure and forfeiture of | ||||||
10 | vessels or watercraft, vehicles, and aircraft, and any such | ||||||
11 | equipment shall be deemed a vessel or watercraft, vehicle, or | ||||||
12 | aircraft for purposes of this Article. | ||||||
13 | (c) In addition, when a person discharges a firearm at | ||||||
14 | another individual from a vehicle with the knowledge and | ||||||
15 | consent of the owner of the vehicle and with the intent to | ||||||
16 | cause death or great bodily harm to that individual and as a | ||||||
17 | result causes death or great bodily harm to that individual, | ||||||
18 | the vehicle shall be subject to seizure and forfeiture under | ||||||
19 | the same procedures provided in this Article for the seizure | ||||||
20 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
21 | (2), (3), or (4) of subsection (a) of this Section. | ||||||
22 | (d) If the spouse of the owner of a vehicle seized for an | ||||||
23 | offense described in subsection (g) of Section 6-303 of the | ||||||
24 | Illinois Vehicle Code, a violation of subdivision (d)(1)(A), | ||||||
25 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section | ||||||
26 | 11-501 of the Illinois Vehicle Code, or Section 9-3 of this |
| |||||||
| |||||||
1 | Code makes a showing that the seized vehicle is the only source | ||||||
2 | of transportation and it is determined that the financial | ||||||
3 | hardship to the family as a result of the seizure outweighs the | ||||||
4 | benefit to the State from the seizure, the vehicle may be | ||||||
5 | forfeited to the spouse or family member and the title to the | ||||||
6 | vehicle shall be transferred to the spouse or family member | ||||||
7 | who is properly licensed and who requires the use of the | ||||||
8 | vehicle for employment or family transportation purposes. A | ||||||
9 | written declaration of forfeiture of a vehicle under this | ||||||
10 | Section shall be sufficient cause for the title to be | ||||||
11 | transferred to the spouse or family member. The provisions of | ||||||
12 | this paragraph shall apply only to one forfeiture per vehicle. | ||||||
13 | If the vehicle is the subject of a subsequent forfeiture | ||||||
14 | proceeding by virtue of a subsequent conviction of either | ||||||
15 | spouse or the family member, the spouse or family member to | ||||||
16 | whom the vehicle was forfeited under the first forfeiture | ||||||
17 | proceeding may not utilize the provisions of this paragraph in | ||||||
18 | another forfeiture proceeding. If the owner of the vehicle | ||||||
19 | seized owns more than one vehicle, the procedure set out in | ||||||
20 | this paragraph may be used for only one vehicle. | ||||||
21 | (e) In addition, property subject to forfeiture under | ||||||
22 | Section 40 of the Illinois Streetgang Terrorism Omnibus | ||||||
23 | Prevention Act may be seized and forfeited under this Article. | ||||||
24 | (Source: P.A. 102-982, eff. 7-1-23 .) | ||||||
25 | Section 25. The Code of Criminal Procedure of 1963 is |
| |||||||
| |||||||
1 | amended by changing Section 110-6.1 as follows: | ||||||
2 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) | ||||||
3 | Sec. 110-6.1. Denial of pretrial release. | ||||||
4 | (a) Upon verified petition by the State, the court shall | ||||||
5 | hold a hearing and may deny a defendant pretrial release only | ||||||
6 | if: | ||||||
7 | (1) the defendant is charged with a felony offense | ||||||
8 | other than a forcible felony for which, based on the | ||||||
9 | charge or the defendant's criminal history, a sentence of | ||||||
10 | imprisonment, without probation, periodic imprisonment or | ||||||
11 | conditional discharge, is required by law upon conviction, | ||||||
12 | and it is alleged that the defendant's pretrial release | ||||||
13 | poses a real and present threat to the safety of any person | ||||||
14 | or persons or the community, based on the specific | ||||||
15 | articulable facts of the case; | ||||||
16 | (1.5) the defendant's pretrial release poses a real | ||||||
17 | and present threat to the safety of any person or persons | ||||||
18 | or the community, based on the specific articulable facts | ||||||
19 | of the case, and the defendant is charged with a forcible | ||||||
20 | felony, which as used in this Section, means treason, | ||||||
21 | first degree murder, second degree murder, predatory | ||||||
22 | criminal sexual assault of a child, aggravated criminal | ||||||
23 | sexual assault, criminal sexual assault, armed robbery, | ||||||
24 | aggravated robbery, robbery, burglary where there is use | ||||||
25 | of force against another person, residential burglary, |
| |||||||
| |||||||
1 | home invasion, vehicular invasion, aggravated arson, | ||||||
2 | arson, aggravated kidnaping, kidnaping, aggravated battery | ||||||
3 | resulting in great bodily harm or permanent disability or | ||||||
4 | disfigurement or any other felony which involves the | ||||||
5 | threat of or infliction of great bodily harm or permanent | ||||||
6 | disability or disfigurement; | ||||||
7 | (2) the defendant is charged with stalking or | ||||||
8 | aggravated stalking, and it is alleged that the | ||||||
9 | defendant's pre-trial release poses a real and present | ||||||
10 | threat to the safety of a victim of the alleged offense, | ||||||
11 | and denial of release is necessary to prevent fulfillment | ||||||
12 | of the threat upon which the charge is based; | ||||||
13 | (3) the defendant is charged with a violation of an | ||||||
14 | order of protection issued under Section 112A-14 of this | ||||||
15 | Code or Section 214 of the Illinois Domestic Violence Act | ||||||
16 | of 1986, a stalking no contact order under Section 80 of | ||||||
17 | the Stalking No Contact Order Act, or of a civil no contact | ||||||
18 | order under Section 213 of the Civil No Contact Order Act, | ||||||
19 | and it is alleged that the defendant's pretrial release | ||||||
20 | poses a real and present threat to the safety of any person | ||||||
21 | or persons or the community, based on the specific | ||||||
22 | articulable facts of the case; | ||||||
23 | (4) the defendant is charged with domestic battery or | ||||||
24 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
25 | of the Criminal Code of 2012 and it is alleged that the | ||||||
26 | defendant's pretrial release poses a real and present |
| |||||||
| |||||||
1 | threat to the safety of any person or persons or the | ||||||
2 | community, based on the specific articulable facts of the | ||||||
3 | case; | ||||||
4 | (5) the defendant is charged with any offense under | ||||||
5 | Article 11 of the Criminal Code of 2012, except for | ||||||
6 | Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, | ||||||
7 | 11-40, and 11-45 of the Criminal Code of 2012, or similar | ||||||
8 | provisions of the Criminal Code of 1961 and it is alleged | ||||||
9 | that the defendant's pretrial release poses a real and | ||||||
10 | present threat to the safety of any person or persons or | ||||||
11 | the community, based on the specific articulable facts of | ||||||
12 | the case; | ||||||
13 | (6) the defendant is charged with any of the following | ||||||
14 | offenses under the Criminal Code of 2012, and it is | ||||||
15 | alleged that the defendant's pretrial release poses a real | ||||||
16 | and present threat to the safety of any person or persons | ||||||
17 | or the community, based on the specific articulable facts | ||||||
18 | of the case: | ||||||
19 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
20 | firearm); | ||||||
21 | (B) Section 24-2.5 (aggravated discharge of a | ||||||
22 | machine gun or a firearm equipped with a device | ||||||
23 | designed or use for silencing the report of a | ||||||
24 | firearm); | ||||||
25 | (C) Section 24-1.5 (reckless discharge of a | ||||||
26 | firearm); |
| |||||||
| |||||||
1 | (D) Section 24-1.7 ( unlawful possession of a | ||||||
2 | firearm by a repeat felony offender armed habitual | ||||||
3 | criminal ); | ||||||
4 | (E) Section 24-2.2 (manufacture, sale or transfer | ||||||
5 | of bullets or shells represented to be armor piercing | ||||||
6 | bullets, dragon's breath shotgun shells, bolo shells, | ||||||
7 | or flechette shells); | ||||||
8 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
9 | firearms); | ||||||
10 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
11 | firearms on the premises of any school); | ||||||
12 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
13 | liquor license); | ||||||
14 | (I) Section 24-3.5 (unlawful purchase of a | ||||||
15 | firearm); | ||||||
16 | (J) Section 24-3A (gunrunning); | ||||||
17 | (K) Section 24-3B (firearms trafficking); | ||||||
18 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
19 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
20 | of a minor); | ||||||
21 | (N) Section 10-9(d) (trafficking in persons); | ||||||
22 | (O) Non-probationable violations: (i) unlawful use | ||||||
23 | or possession of weapons by felons or persons in the | ||||||
24 | Custody of the Department of Corrections facilities | ||||||
25 | (Section 24-1.1), (ii) aggravated unlawful possession | ||||||
26 | use of a weapon (Section 24-1.6), or (iii) aggravated |
| |||||||
| |||||||
1 | possession of a stolen firearm (Section 24-3.9); | ||||||
2 | (P) Section 9-3 (reckless homicide and involuntary | ||||||
3 | manslaughter); | ||||||
4 | (Q) Section 19-3 (residential burglary); | ||||||
5 | (R) Section 10-5 (child abduction); | ||||||
6 | (S) Felony violations of Section 12C-5 (child | ||||||
7 | endangerment); | ||||||
8 | (T) Section 12-7.1 (hate crime); | ||||||
9 | (U) Section 10-3.1 (aggravated unlawful | ||||||
10 | restraint); | ||||||
11 | (V) Section 12-9 (threatening a public official); | ||||||
12 | (W) Subdivision (f)(1) of Section 12-3.05 | ||||||
13 | (aggravated battery with a deadly weapon other than by | ||||||
14 | discharge of a firearm); | ||||||
15 | (6.5) the defendant is charged with any of the | ||||||
16 | following offenses, and it is alleged that the defendant's | ||||||
17 | pretrial release poses a real and present threat to the | ||||||
18 | safety of any person or persons or the community, based on | ||||||
19 | the specific articulable facts of the case: | ||||||
20 | (A) Felony violations of Sections 3.01, 3.02, or | ||||||
21 | 3.03 of the Humane Care for Animals Act (cruel | ||||||
22 | treatment, aggravated cruelty, and animal torture); | ||||||
23 | (B) Subdivision (d)(1)(B) of Section 11-501 of the | ||||||
24 | Illinois Vehicle Code (aggravated driving under the | ||||||
25 | influence while operating a school bus with | ||||||
26 | passengers); |
| |||||||
| |||||||
1 | (C) Subdivision (d)(1)(C) of Section 11-501 of the | ||||||
2 | Illinois Vehicle Code (aggravated driving under the | ||||||
3 | influence causing great bodily harm); | ||||||
4 | (D) Subdivision (d)(1)(D) of Section 11-501 of the | ||||||
5 | Illinois Vehicle Code (aggravated driving under the | ||||||
6 | influence after a previous reckless homicide | ||||||
7 | conviction); | ||||||
8 | (E) Subdivision (d)(1)(F) of Section 11-501 of the | ||||||
9 | Illinois Vehicle Code (aggravated driving under the | ||||||
10 | influence leading to death); or | ||||||
11 | (F) Subdivision (d)(1)(J) of Section 11-501 of the | ||||||
12 | Illinois Vehicle Code (aggravated driving under the | ||||||
13 | influence that resulted in bodily harm to a child | ||||||
14 | under the age of 16); | ||||||
15 | (7) the defendant is charged with an attempt to commit | ||||||
16 | any charge listed in paragraphs (1) through (6.5), and it | ||||||
17 | is alleged that the defendant's pretrial release poses a | ||||||
18 | real and present threat to the safety of any person or | ||||||
19 | persons or the community, based on the specific | ||||||
20 | articulable facts of the case; or | ||||||
21 | (8) the person has a high likelihood of willful flight | ||||||
22 | to avoid prosecution and is charged with: | ||||||
23 | (A) Any felony described in subdivisions (a)(1) | ||||||
24 | through (a)(7) of this Section; or | ||||||
25 | (B) A felony offense other than a Class 4 offense. | ||||||
26 | (b) If the charged offense is a felony, as part of the |
| |||||||
| |||||||
1 | detention hearing, the court shall determine whether there is | ||||||
2 | probable cause the defendant has committed an offense, unless | ||||||
3 | a hearing pursuant to Section 109-3 of this Code has already | ||||||
4 | been held or a grand jury has returned a true bill of | ||||||
5 | indictment against the defendant. If there is a finding of no | ||||||
6 | probable cause, the defendant shall be released. No such | ||||||
7 | finding is necessary if the defendant is charged with a | ||||||
8 | misdemeanor. | ||||||
9 | (c) Timing of petition. | ||||||
10 | (1) A petition may be filed without prior notice to | ||||||
11 | the defendant at the first appearance before a judge, or | ||||||
12 | within the 21 calendar days, except as provided in Section | ||||||
13 | 110-6, after arrest and release of the defendant upon | ||||||
14 | reasonable notice to defendant; provided that while such | ||||||
15 | petition is pending before the court, the defendant if | ||||||
16 | previously released shall not be detained. | ||||||
17 | (2) Upon filing, the court shall immediately hold a | ||||||
18 | hearing on the petition unless a continuance is requested. | ||||||
19 | If a continuance is requested and granted, the hearing | ||||||
20 | shall be held within 48 hours of the defendant's first | ||||||
21 | appearance if the defendant is charged with first degree | ||||||
22 | murder or a Class X, Class 1, Class 2, or Class 3 felony, | ||||||
23 | and within 24 hours if the defendant is charged with a | ||||||
24 | Class 4 or misdemeanor offense. The Court may deny or | ||||||
25 | grant the request for continuance. If the court decides to | ||||||
26 | grant the continuance, the Court retains the discretion to |
| |||||||
| |||||||
1 | detain or release the defendant in the time between the | ||||||
2 | filing of the petition and the hearing. | ||||||
3 | (d) Contents of petition. | ||||||
4 | (1) The petition shall be verified by the State and | ||||||
5 | shall state the grounds upon which it contends the | ||||||
6 | defendant should be denied pretrial release, including the | ||||||
7 | real and present threat to the safety of any person or | ||||||
8 | persons or the community, based on the specific | ||||||
9 | articulable facts or flight risk, as appropriate. | ||||||
10 | (2) If the State seeks to file a second or subsequent | ||||||
11 | petition under this Section, the State shall be required | ||||||
12 | to present a verified application setting forth in detail | ||||||
13 | any new facts not known or obtainable at the time of the | ||||||
14 | filing of the previous petition. | ||||||
15 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
16 | for pretrial release, and the State shall bear the burden of | ||||||
17 | proving by clear and convincing evidence that: | ||||||
18 | (1) the proof is evident or the presumption great that | ||||||
19 | the defendant has committed an offense listed in | ||||||
20 | subsection (a), and | ||||||
21 | (2) for offenses listed in paragraphs (1) through (7) | ||||||
22 | of subsection (a), the defendant poses a real and present | ||||||
23 | threat to the safety of any person or persons or the | ||||||
24 | community, based on the specific articulable facts of the | ||||||
25 | case, by conduct which may include, but is not limited to, | ||||||
26 | a forcible felony, the obstruction of justice, |
| |||||||
| |||||||
1 | intimidation, injury, or abuse as defined by paragraph (1) | ||||||
2 | of Section 103 of the Illinois Domestic Violence Act of | ||||||
3 | 1986, and | ||||||
4 | (3) no condition or combination of conditions set | ||||||
5 | forth in subsection (b) of Section 110-10 of this Article | ||||||
6 | can mitigate (i) the real and present threat to the safety | ||||||
7 | of any person or persons or the community, based on the | ||||||
8 | specific articulable facts of the case, for offenses | ||||||
9 | listed in paragraphs (1) through (7) of subsection (a), or | ||||||
10 | (ii) the defendant's willful flight for offenses listed in | ||||||
11 | paragraph (8) of subsection (a), and | ||||||
12 | (4) for offenses under subsection (b) of Section 407 | ||||||
13 | of the Illinois Controlled Substances Act that are subject | ||||||
14 | to paragraph (1) of subsection (a), no condition or | ||||||
15 | combination of conditions set forth in subsection (b) of | ||||||
16 | Section 110-10 of this Article can mitigate the real and | ||||||
17 | present threat to the safety of any person or persons or | ||||||
18 | the community, based on the specific articulable facts of | ||||||
19 | the case, and the defendant poses a serious risk to not | ||||||
20 | appear in court as required. | ||||||
21 | (f) Conduct of the hearings. | ||||||
22 | (1) Prior to the hearing, the State shall tender to | ||||||
23 | the defendant copies of the defendant's criminal history | ||||||
24 | available, any written or recorded statements, and the | ||||||
25 | substance of any oral statements made by any person, if | ||||||
26 | relied upon by the State in its petition, and any police |
| |||||||
| |||||||
1 | reports in the prosecutor's possession at the time of the | ||||||
2 | hearing. | ||||||
3 | (2) The State or defendant may present evidence at the | ||||||
4 | hearing by way of proffer based upon reliable information. | ||||||
5 | (3) The defendant has the right to be represented by | ||||||
6 | counsel, and if he or she is indigent, to have counsel | ||||||
7 | appointed for him or her. The defendant shall have the | ||||||
8 | opportunity to testify, to present witnesses on his or her | ||||||
9 | own behalf, and to cross-examine any witnesses that are | ||||||
10 | called by the State. Defense counsel shall be given | ||||||
11 | adequate opportunity to confer with the defendant before | ||||||
12 | any hearing at which conditions of release or the | ||||||
13 | detention of the defendant are to be considered, with an | ||||||
14 | accommodation for a physical condition made to facilitate | ||||||
15 | attorney/client consultation. If defense counsel needs to | ||||||
16 | confer or consult with the defendant during any hearing | ||||||
17 | conducted via a two-way audio-visual communication system, | ||||||
18 | such consultation shall not be recorded and shall be | ||||||
19 | undertaken consistent with constitutional protections. | ||||||
20 | (3.5) A hearing at which pretrial release may be | ||||||
21 | denied must be conducted in person (and not by way of | ||||||
22 | two-way audio visual communication) unless the accused | ||||||
23 | waives the right to be present physically in court, the | ||||||
24 | court determines that the physical health and safety of | ||||||
25 | any person necessary to the proceedings would be | ||||||
26 | endangered by appearing in court, or the chief judge of |
| |||||||
| |||||||
1 | the circuit orders use of that system due to operational | ||||||
2 | challenges in conducting the hearing in person. Such | ||||||
3 | operational challenges must be documented and approved by | ||||||
4 | the chief judge of the circuit, and a plan to address the | ||||||
5 | challenges through reasonable efforts must be presented | ||||||
6 | and approved by the Administrative Office of the Illinois | ||||||
7 | Courts every 6 months. | ||||||
8 | (4) If the defense seeks to compel the complaining | ||||||
9 | witness to testify as a witness in its favor, it shall | ||||||
10 | petition the court for permission. When the ends of | ||||||
11 | justice so require, the court may exercise its discretion | ||||||
12 | and compel the appearance of a complaining witness. The | ||||||
13 | court shall state on the record reasons for granting a | ||||||
14 | defense request to compel the presence of a complaining | ||||||
15 | witness only on the issue of the defendant's pretrial | ||||||
16 | detention. In making a determination under this Section, | ||||||
17 | the court shall state on the record the reason for | ||||||
18 | granting a defense request to compel the presence of a | ||||||
19 | complaining witness, and only grant the request if the | ||||||
20 | court finds by clear and convincing evidence that the | ||||||
21 | defendant will be materially prejudiced if the complaining | ||||||
22 | witness does not appear. Cross-examination of a | ||||||
23 | complaining witness at the pretrial detention hearing for | ||||||
24 | the purpose of impeaching the witness' credibility is | ||||||
25 | insufficient reason to compel the presence of the witness. | ||||||
26 | In deciding whether to compel the appearance of a |
| |||||||
| |||||||
1 | complaining witness, the court shall be considerate of the | ||||||
2 | emotional and physical well-being of the witness. The | ||||||
3 | pre-trial detention hearing is not to be used for purposes | ||||||
4 | of discovery, and the post arraignment rules of discovery | ||||||
5 | do not apply. The State shall tender to the defendant, | ||||||
6 | prior to the hearing, copies, if any, of the defendant's | ||||||
7 | criminal history, if available, and any written or | ||||||
8 | recorded statements and the substance of any oral | ||||||
9 | statements made by any person, if in the State's | ||||||
10 | Attorney's possession at the time of the hearing. | ||||||
11 | (5) The rules concerning the admissibility of evidence | ||||||
12 | in criminal trials do not apply to the presentation and | ||||||
13 | consideration of information at the hearing. At the trial | ||||||
14 | concerning the offense for which the hearing was conducted | ||||||
15 | neither the finding of the court nor any transcript or | ||||||
16 | other record of the hearing shall be admissible in the | ||||||
17 | State's case-in-chief, but shall be admissible for | ||||||
18 | impeachment, or as provided in Section 115-10.1 of this | ||||||
19 | Code, or in a perjury proceeding. | ||||||
20 | (6) The defendant may not move to suppress evidence or | ||||||
21 | a confession, however, evidence that proof of the charged | ||||||
22 | crime may have been the result of an unlawful search or | ||||||
23 | seizure, or both, or through improper interrogation, is | ||||||
24 | relevant in assessing the weight of the evidence against | ||||||
25 | the defendant. | ||||||
26 | (7) Decisions regarding release, conditions of |
| |||||||
| |||||||
1 | release, and detention prior to trial must be | ||||||
2 | individualized, and no single factor or standard may be | ||||||
3 | used exclusively to order detention. Risk assessment tools | ||||||
4 | may not be used as the sole basis to deny pretrial release. | ||||||
5 | (g) Factors to be considered in making a determination of | ||||||
6 | dangerousness. The court may, in determining whether the | ||||||
7 | defendant poses a real and present threat to the safety of any | ||||||
8 | person or persons or the community, based on the specific | ||||||
9 | articulable facts of the case, consider, but shall not be | ||||||
10 | limited to, evidence or testimony concerning: | ||||||
11 | (1) The nature and circumstances of any offense | ||||||
12 | charged, including whether the offense is a crime of | ||||||
13 | violence, involving a weapon, or a sex offense. | ||||||
14 | (2) The history and characteristics of the defendant | ||||||
15 | including: | ||||||
16 | (A) Any evidence of the defendant's prior criminal | ||||||
17 | history indicative of violent, abusive or assaultive | ||||||
18 | behavior, or lack of such behavior. Such evidence may | ||||||
19 | include testimony or documents received in juvenile | ||||||
20 | proceedings, criminal, quasi-criminal, civil | ||||||
21 | commitment, domestic relations, or other proceedings. | ||||||
22 | (B) Any evidence of the defendant's psychological, | ||||||
23 | psychiatric or other similar social history which | ||||||
24 | tends to indicate a violent, abusive, or assaultive | ||||||
25 | nature, or lack of any such history. | ||||||
26 | (3) The identity of any person or persons to whose |
| |||||||
| |||||||
1 | safety the defendant is believed to pose a threat, and the | ||||||
2 | nature of the threat. | ||||||
3 | (4) Any statements made by, or attributed to the | ||||||
4 | defendant, together with the circumstances surrounding | ||||||
5 | them. | ||||||
6 | (5) The age and physical condition of the defendant. | ||||||
7 | (6) The age and physical condition of any victim or | ||||||
8 | complaining witness. | ||||||
9 | (7) Whether the defendant is known to possess or have | ||||||
10 | access to any weapon or weapons. | ||||||
11 | (8) Whether, at the time of the current offense or any | ||||||
12 | other offense or arrest, the defendant was on probation, | ||||||
13 | parole, aftercare release, mandatory supervised release or | ||||||
14 | other release from custody pending trial, sentencing, | ||||||
15 | appeal or completion of sentence for an offense under | ||||||
16 | federal or state law. | ||||||
17 | (9) Any other factors, including those listed in | ||||||
18 | Section 110-5 of this Article deemed by the court to have a | ||||||
19 | reasonable bearing upon the defendant's propensity or | ||||||
20 | reputation for violent, abusive, or assaultive behavior, | ||||||
21 | or lack of such behavior. | ||||||
22 | (h) Detention order. The court shall, in any order for | ||||||
23 | detention: | ||||||
24 | (1) make a written finding summarizing the court's | ||||||
25 | reasons for concluding that the defendant should be denied | ||||||
26 | pretrial release, including why less restrictive |
| |||||||
| |||||||
1 | conditions would not avoid a real and present threat to | ||||||
2 | the safety of any person or persons or the community, | ||||||
3 | based on the specific articulable facts of the case, or | ||||||
4 | prevent the defendant's willful flight from prosecution; | ||||||
5 | (2) direct that the defendant be committed to the | ||||||
6 | custody of the sheriff for confinement in the county jail | ||||||
7 | pending trial; | ||||||
8 | (3) direct that the defendant be given a reasonable | ||||||
9 | opportunity for private consultation with counsel, and for | ||||||
10 | communication with others of his or her choice by | ||||||
11 | visitation, mail and telephone; and | ||||||
12 | (4) direct that the sheriff deliver the defendant as | ||||||
13 | required for appearances in connection with court | ||||||
14 | proceedings. | ||||||
15 | (i) Detention. If the court enters an order for the | ||||||
16 | detention of the defendant pursuant to subsection (e) of this | ||||||
17 | Section, the defendant shall be brought to trial on the | ||||||
18 | offense for which he is detained within 90 days after the date | ||||||
19 | on which the order for detention was entered. If the defendant | ||||||
20 | is not brought to trial within the 90-day period required by | ||||||
21 | the preceding sentence, he shall not be denied pretrial | ||||||
22 | release. In computing the 90-day period, the court shall omit | ||||||
23 | any period of delay resulting from a continuance granted at | ||||||
24 | the request of the defendant and any period of delay resulting | ||||||
25 | from a continuance granted at the request of the State with | ||||||
26 | good cause shown pursuant to Section 103-5. |
| |||||||
| |||||||
1 | (i-5) At each subsequent appearance of the defendant | ||||||
2 | before the court, the judge must find that continued detention | ||||||
3 | is necessary to avoid a real and present threat to the safety | ||||||
4 | of any person or persons or the community, based on the | ||||||
5 | specific articulable facts of the case, or to prevent the | ||||||
6 | defendant's willful flight from prosecution. | ||||||
7 | (j) Rights of the defendant. The defendant shall be | ||||||
8 | entitled to appeal any order entered under this Section | ||||||
9 | denying his or her pretrial release. | ||||||
10 | (k) Appeal. The State may appeal any order entered under | ||||||
11 | this Section denying any motion for denial of pretrial | ||||||
12 | release. | ||||||
13 | (l) Presumption of innocence. Nothing in this Section | ||||||
14 | shall be construed as modifying or limiting in any way the | ||||||
15 | defendant's presumption of innocence in further criminal | ||||||
16 | proceedings. | ||||||
17 | (m) Interest of victims. | ||||||
18 | (1) Crime victims shall be given notice by the State's | ||||||
19 | Attorney's office of this hearing as required in paragraph (1) | ||||||
20 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
21 | and Witnesses Act and shall be informed of their opportunity | ||||||
22 | at this hearing to obtain a protective order. | ||||||
23 | (2) If the defendant is denied pretrial release, the court | ||||||
24 | may impose a no contact provision with the victim or other | ||||||
25 | interested party that shall be enforced while the defendant | ||||||
26 | remains in custody. |
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23 .) | ||||||
2 | Section 30. The Unified Code of Corrections is amended by | ||||||
3 | changing Sections 3-6-3, 5-5-3.2, and 5-6-3.6 as follows: | ||||||
4 | (730 ILCS 5/3-6-3) | ||||||
5 | Sec. 3-6-3. Rules and regulations for sentence credit. | ||||||
6 | (a)(1) The Department of Corrections shall prescribe rules | ||||||
7 | and regulations for awarding and revoking sentence credit for | ||||||
8 | persons committed to the Department of Corrections and the | ||||||
9 | Department of Juvenile Justice shall prescribe rules and | ||||||
10 | regulations for awarding and revoking sentence credit for | ||||||
11 | persons committed to the Department of Juvenile Justice under | ||||||
12 | Section 5-8-6 of the Unified Code of Corrections, which shall | ||||||
13 | be subject to review by the Prisoner Review Board. | ||||||
14 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
15 | awarded for the following: | ||||||
16 | (A) successful completion of programming while in | ||||||
17 | custody of the Department of Corrections or the Department | ||||||
18 | of Juvenile Justice or while in custody prior to | ||||||
19 | sentencing; | ||||||
20 | (B) compliance with the rules and regulations of the | ||||||
21 | Department; or | ||||||
22 | (C) service to the institution, service to a | ||||||
23 | community, or service to the State. | ||||||
24 | (2) Except as provided in paragraph (4.7) of this |
| |||||||
| |||||||
1 | subsection (a), the rules and regulations on sentence credit | ||||||
2 | shall provide, with respect to offenses listed in clause (i), | ||||||
3 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
4 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
5 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
6 | effective date of Public Act 94-71) or with respect to offense | ||||||
7 | listed in clause (vi) committed on or after June 1, 2008 (the | ||||||
8 | effective date of Public Act 95-625) or with respect to the | ||||||
9 | offense of unlawful possession of a firearm by a repeat felony | ||||||
10 | offender being an armed habitual criminal committed on or | ||||||
11 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
12 | or with respect to the offenses listed in clause (v) of this | ||||||
13 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
14 | effective date of Public Act 95-134) or with respect to the | ||||||
15 | offense of aggravated domestic battery committed on or after | ||||||
16 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
17 | with respect to the offense of attempt to commit terrorism | ||||||
18 | committed on or after January 1, 2013 (the effective date of | ||||||
19 | Public Act 97-990), the following: | ||||||
20 | (i) that a prisoner who is serving a term of | ||||||
21 | imprisonment for first degree murder or for the offense of | ||||||
22 | terrorism shall receive no sentence credit and shall serve | ||||||
23 | the entire sentence imposed by the court; | ||||||
24 | (ii) that a prisoner serving a sentence for attempt to | ||||||
25 | commit terrorism, attempt to commit first degree murder, | ||||||
26 | solicitation of murder, solicitation of murder for hire, |
| |||||||
| |||||||
1 | intentional homicide of an unborn child, predatory | ||||||
2 | criminal sexual assault of a child, aggravated criminal | ||||||
3 | sexual assault, criminal sexual assault, aggravated | ||||||
4 | kidnapping, aggravated battery with a firearm as described | ||||||
5 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
6 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
7 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
8 | 12-3.05, u | ||||||
nlawful possession of a firearm by a repeat | |||||||
9 | felony offender being an armed habitual criminal , | ||||||
10 | aggravated battery of a senior citizen as described in | ||||||
11 | Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, | ||||||
12 | or aggravated battery of a child as described in Section | ||||||
13 | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||||||
14 | receive no more than 4.5 days of sentence credit for each | ||||||
15 | month of his or her sentence of imprisonment; | ||||||
16 | (iii) that a prisoner serving a sentence for home | ||||||
17 | invasion, armed robbery, aggravated vehicular hijacking, | ||||||
18 | aggravated discharge of a firearm, or armed violence with | ||||||
19 | a category I weapon or category II weapon, when the court | ||||||
20 | has made and entered a finding, pursuant to subsection | ||||||
21 | (c-1) of Section 5-4-1 of this Code, that the conduct | ||||||
22 | leading to conviction for the enumerated offense resulted | ||||||
23 | in great bodily harm to a victim, shall receive no more | ||||||
24 | than 4.5 days of sentence credit for each month of his or | ||||||
25 | her sentence of imprisonment; | ||||||
26 | (iv) that a prisoner serving a sentence for aggravated |
| |||||||
| |||||||
1 | discharge of a firearm, whether or not the conduct leading | ||||||
2 | to conviction for the offense resulted in great bodily | ||||||
3 | harm to the victim, shall receive no more than 4.5 days of | ||||||
4 | sentence credit for each month of his or her sentence of | ||||||
5 | imprisonment; | ||||||
6 | (v) that a person serving a sentence for gunrunning, | ||||||
7 | narcotics racketeering, controlled substance trafficking, | ||||||
8 | methamphetamine trafficking, drug-induced homicide, | ||||||
9 | aggravated methamphetamine-related child endangerment, | ||||||
10 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
11 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012, or a Class X felony conviction for delivery | ||||||
13 | of a controlled substance, possession of a controlled | ||||||
14 | substance with intent to manufacture or deliver, | ||||||
15 | calculated criminal drug conspiracy, criminal drug | ||||||
16 | conspiracy, street gang criminal drug conspiracy, | ||||||
17 | participation in methamphetamine manufacturing, | ||||||
18 | aggravated participation in methamphetamine | ||||||
19 | manufacturing, delivery of methamphetamine, possession | ||||||
20 | with intent to deliver methamphetamine, aggravated | ||||||
21 | delivery of methamphetamine, aggravated possession with | ||||||
22 | intent to deliver methamphetamine, methamphetamine | ||||||
23 | conspiracy when the substance containing the controlled | ||||||
24 | substance or methamphetamine is 100 grams or more shall | ||||||
25 | receive no more than 7.5 days sentence credit for each | ||||||
26 | month of his or her sentence of imprisonment; |
| |||||||
| |||||||
1 | (vi) that a prisoner serving a sentence for a second | ||||||
2 | or subsequent offense of luring a minor shall receive no | ||||||
3 | more than 4.5 days of sentence credit for each month of his | ||||||
4 | or her sentence of imprisonment; and | ||||||
5 | (vii) that a prisoner serving a sentence for | ||||||
6 | aggravated domestic battery shall receive no more than 4.5 | ||||||
7 | days of sentence credit for each month of his or her | ||||||
8 | sentence of imprisonment. | ||||||
9 | (2.1) For all offenses, other than those enumerated in | ||||||
10 | subdivision (a)(2)(i), (ii), or (iii) committed on or after | ||||||
11 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
12 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
13 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
14 | (the effective date of Public Act 95-134) or subdivision | ||||||
15 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
16 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
17 | committed on or after July 23, 2010 (the effective date of | ||||||
18 | Public Act 96-1224), and other than the offense of aggravated | ||||||
19 | driving under the influence of alcohol, other drug or drugs, | ||||||
20 | or intoxicating compound or compounds, or any combination | ||||||
21 | thereof as defined in subparagraph (F) of paragraph (1) of | ||||||
22 | subsection (d) of Section 11-501 of the Illinois Vehicle Code, | ||||||
23 | and other than the offense of aggravated driving under the | ||||||
24 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
25 | compound or compounds, or any combination thereof as defined | ||||||
26 | in subparagraph (C) of paragraph (1) of subsection (d) of |
| |||||||
| |||||||
1 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
2 | after January 1, 2011 (the effective date of Public Act | ||||||
3 | 96-1230), the rules and regulations shall provide that a | ||||||
4 | prisoner who is serving a term of imprisonment shall receive | ||||||
5 | one day of sentence credit for each day of his or her sentence | ||||||
6 | of imprisonment or recommitment under Section 3-3-9. Each day | ||||||
7 | of sentence credit shall reduce by one day the prisoner's | ||||||
8 | period of imprisonment or recommitment under Section 3-3-9. | ||||||
9 | (2.2) A prisoner serving a term of natural life | ||||||
10 | imprisonment shall receive no sentence credit. | ||||||
11 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
12 | subsection (a), the rules and regulations on sentence credit | ||||||
13 | shall provide that a prisoner who is serving a sentence for | ||||||
14 | aggravated driving under the influence of alcohol, other drug | ||||||
15 | or drugs, or intoxicating compound or compounds, or any | ||||||
16 | combination thereof as defined in subparagraph (F) of | ||||||
17 | paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
18 | Illinois Vehicle Code, shall receive no more than 4.5 days of | ||||||
19 | sentence credit for each month of his or her sentence of | ||||||
20 | imprisonment. | ||||||
21 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
22 | subsection (a), the rules and regulations on sentence credit | ||||||
23 | shall provide with respect to the offenses of aggravated | ||||||
24 | battery with a machine gun or a firearm equipped with any | ||||||
25 | device or attachment designed or used for silencing the report | ||||||
26 | of a firearm or aggravated discharge of a machine gun or a |
| |||||||
| |||||||
1 | firearm equipped with any device or attachment designed or | ||||||
2 | used for silencing the report of a firearm, committed on or | ||||||
3 | after July 15, 1999 (the effective date of Public Act 91-121), | ||||||
4 | that a prisoner serving a sentence for any of these offenses | ||||||
5 | shall receive no more than 4.5 days of sentence credit for each | ||||||
6 | month of his or her sentence of imprisonment. | ||||||
7 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
8 | subsection (a), the rules and regulations on sentence credit | ||||||
9 | shall provide that a prisoner who is serving a sentence for | ||||||
10 | aggravated arson committed on or after July 27, 2001 (the | ||||||
11 | effective date of Public Act 92-176) shall receive no more | ||||||
12 | than 4.5 days of sentence credit for each month of his or her | ||||||
13 | sentence of imprisonment. | ||||||
14 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
15 | subsection (a), the rules and regulations on sentence credit | ||||||
16 | shall provide that a prisoner who is serving a sentence for | ||||||
17 | aggravated driving under the influence of alcohol, other drug | ||||||
18 | or drugs, or intoxicating compound or compounds or any | ||||||
19 | combination thereof as defined in subparagraph (C) of | ||||||
20 | paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
21 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
22 | (the effective date of Public Act 96-1230) shall receive no | ||||||
23 | more than 4.5 days of sentence credit for each month of his or | ||||||
24 | her sentence of imprisonment. | ||||||
25 | (3) In addition to the sentence credits earned under | ||||||
26 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this |
| |||||||
| |||||||
1 | subsection (a), the rules and regulations shall also provide | ||||||
2 | that the Director of Corrections or the Director of Juvenile | ||||||
3 | Justice may award up to 180 days of earned sentence credit for | ||||||
4 | prisoners serving a sentence of incarceration of less than 5 | ||||||
5 | years, and up to 365 days of earned sentence credit for | ||||||
6 | prisoners serving a sentence of 5 years or longer. The | ||||||
7 | Director may grant this credit for good conduct in specific | ||||||
8 | instances as either Director deems proper for eligible persons | ||||||
9 | in the custody of each Director's respective Department. The | ||||||
10 | good conduct may include, but is not limited to, compliance | ||||||
11 | with the rules and regulations of the Department, service to | ||||||
12 | the Department, service to a community, or service to the | ||||||
13 | State. | ||||||
14 | Eligible inmates for an award of earned sentence credit | ||||||
15 | under this paragraph (3) may be selected to receive the credit | ||||||
16 | at either Director's or his or her designee's sole discretion. | ||||||
17 | Eligibility for the additional earned sentence credit under | ||||||
18 | this paragraph (3) may be based on, but is not limited to, | ||||||
19 | participation in programming offered by the Department as | ||||||
20 | appropriate for the prisoner based on the results of any | ||||||
21 | available risk/needs assessment or other relevant assessments | ||||||
22 | or evaluations administered by the Department using a | ||||||
23 | validated instrument, the circumstances of the crime, | ||||||
24 | demonstrated commitment to rehabilitation by a prisoner with a | ||||||
25 | history of conviction for a forcible felony enumerated in | ||||||
26 | Section 2-8 of the Criminal Code of 2012, the inmate's |
| |||||||
| |||||||
1 | behavior and improvements in disciplinary history while | ||||||
2 | incarcerated, and the inmate's commitment to rehabilitation, | ||||||
3 | including participation in programming offered by the | ||||||
4 | Department. | ||||||
5 | The Director of Corrections or the Director of Juvenile | ||||||
6 | Justice shall not award sentence credit under this paragraph | ||||||
7 | (3) to an inmate unless the inmate has served a minimum of 60 | ||||||
8 | days of the sentence, including time served in a county jail; | ||||||
9 | except nothing in this paragraph shall be construed to permit | ||||||
10 | either Director to extend an inmate's sentence beyond that | ||||||
11 | which was imposed by the court. Prior to awarding credit under | ||||||
12 | this paragraph (3), each Director shall make a written | ||||||
13 | determination that the inmate: | ||||||
14 | (A) is eligible for the earned sentence credit; | ||||||
15 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
16 | days as the sentence will allow; | ||||||
17 | (B-1) has received a risk/needs assessment or other | ||||||
18 | relevant evaluation or assessment administered by the | ||||||
19 | Department using a validated instrument; and | ||||||
20 | (C) has met the eligibility criteria established by | ||||||
21 | rule for earned sentence credit. | ||||||
22 | The Director of Corrections or the Director of Juvenile | ||||||
23 | Justice shall determine the form and content of the written | ||||||
24 | determination required in this subsection. | ||||||
25 | (3.5) The Department shall provide annual written reports | ||||||
26 | to the Governor and the General Assembly on the award of earned |
| |||||||
| |||||||
1 | sentence credit no later than February 1 of each year. The | ||||||
2 | Department must publish both reports on its website within 48 | ||||||
3 | hours of transmitting the reports to the Governor and the | ||||||
4 | General Assembly. The reports must include: | ||||||
5 | (A) the number of inmates awarded earned sentence | ||||||
6 | credit; | ||||||
7 | (B) the average amount of earned sentence credit | ||||||
8 | awarded; | ||||||
9 | (C) the holding offenses of inmates awarded earned | ||||||
10 | sentence credit; and | ||||||
11 | (D) the number of earned sentence credit revocations. | ||||||
12 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
13 | subsection (a), the rules and regulations shall also provide | ||||||
14 | that any prisoner who is engaged full-time in substance abuse | ||||||
15 | programs, correctional industry assignments, educational | ||||||
16 | programs, work-release programs or activities in accordance | ||||||
17 | with Article 13 of Chapter III of this Code, behavior | ||||||
18 | modification programs, life skills courses, or re-entry | ||||||
19 | planning provided by the Department under this paragraph (4) | ||||||
20 | and satisfactorily completes the assigned program as | ||||||
21 | determined by the standards of the Department, shall receive | ||||||
22 | one day of sentence credit for each day in which that prisoner | ||||||
23 | is engaged in the activities described in this paragraph. The | ||||||
24 | rules and regulations shall also provide that sentence credit | ||||||
25 | may be provided to an inmate who was held in pre-trial | ||||||
26 | detention prior to his or her current commitment to the |
| |||||||
| |||||||
1 | Department of Corrections and successfully completed a | ||||||
2 | full-time, 60-day or longer substance abuse program, | ||||||
3 | educational program, behavior modification program, life | ||||||
4 | skills course, or re-entry planning provided by the county | ||||||
5 | department of corrections or county jail. Calculation of this | ||||||
6 | county program credit shall be done at sentencing as provided | ||||||
7 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
8 | sentencing order. The rules and regulations shall also provide | ||||||
9 | that sentence credit may be provided to an inmate who is in | ||||||
10 | compliance with programming requirements in an adult | ||||||
11 | transition center. | ||||||
12 | (B) The Department shall award sentence credit under this | ||||||
13 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
14 | effective date of Public Act 101-440) in an amount specified | ||||||
15 | in subparagraph (C) of this paragraph (4) to an inmate serving | ||||||
16 | a sentence for an offense committed prior to June 19, 1998, if | ||||||
17 | the Department determines that the inmate is entitled to this | ||||||
18 | sentence credit, based upon: | ||||||
19 | (i) documentation provided by the Department that the | ||||||
20 | inmate engaged in any full-time substance abuse programs, | ||||||
21 | correctional industry assignments, educational programs, | ||||||
22 | behavior modification programs, life skills courses, or | ||||||
23 | re-entry planning provided by the Department under this | ||||||
24 | paragraph (4) and satisfactorily completed the assigned | ||||||
25 | program as determined by the standards of the Department | ||||||
26 | during the inmate's current term of incarceration; or |
| |||||||
| |||||||
1 | (ii) the inmate's own testimony in the form of an | ||||||
2 | affidavit or documentation, or a third party's | ||||||
3 | documentation or testimony in the form of an affidavit | ||||||
4 | that the inmate likely engaged in any full-time substance | ||||||
5 | abuse programs, correctional industry assignments, | ||||||
6 | educational programs, behavior modification programs, life | ||||||
7 | skills courses, or re-entry planning provided by the | ||||||
8 | Department under paragraph (4) and satisfactorily | ||||||
9 | completed the assigned program as determined by the | ||||||
10 | standards of the Department during the inmate's current | ||||||
11 | term of incarceration. | ||||||
12 | (C) If the inmate can provide documentation that he or she | ||||||
13 | is entitled to sentence credit under subparagraph (B) in | ||||||
14 | excess of 45 days of participation in those programs, the | ||||||
15 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
16 | cannot provide documentation of more than 45 days of | ||||||
17 | participation in those programs, the inmate shall receive 45 | ||||||
18 | days of sentence credit. In the event of a disagreement | ||||||
19 | between the Department and the inmate as to the amount of | ||||||
20 | credit accumulated under subparagraph (B), if the Department | ||||||
21 | provides documented proof of a lesser amount of days of | ||||||
22 | participation in those programs, that proof shall control. If | ||||||
23 | the Department provides no documentary proof, the inmate's | ||||||
24 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
25 | control as to the amount of sentence credit provided. | ||||||
26 | (D) If the inmate has been convicted of a sex offense as |
| |||||||
| |||||||
1 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
2 | sentencing credits under subparagraph (B) of this paragraph | ||||||
3 | (4) shall be awarded by the Department only if the conditions | ||||||
4 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
5 | No inmate serving a term of natural life imprisonment shall | ||||||
6 | receive sentence credit under subparagraph (B) of this | ||||||
7 | paragraph (4). | ||||||
8 | (E) The rules and regulations shall provide for the | ||||||
9 | recalculation of program credits awarded pursuant to this | ||||||
10 | paragraph (4) prior to July 1, 2021 (the effective date of | ||||||
11 | Public Act 101-652) at the rate set for such credits on and | ||||||
12 | after July 1, 2021. | ||||||
13 | Educational, vocational, substance abuse, behavior | ||||||
14 | modification programs, life skills courses, re-entry planning, | ||||||
15 | and correctional industry programs under which sentence credit | ||||||
16 | may be earned under this paragraph (4) and paragraph (4.1) of | ||||||
17 | this subsection (a) shall be evaluated by the Department on | ||||||
18 | the basis of documented standards. The Department shall report | ||||||
19 | the results of these evaluations to the Governor and the | ||||||
20 | General Assembly by September 30th of each year. The reports | ||||||
21 | shall include data relating to the recidivism rate among | ||||||
22 | program participants. | ||||||
23 | Availability of these programs shall be subject to the | ||||||
24 | limits of fiscal resources appropriated by the General | ||||||
25 | Assembly for these purposes. Eligible inmates who are denied | ||||||
26 | immediate admission shall be placed on a waiting list under |
| |||||||
| |||||||
1 | criteria established by the Department. The rules and | ||||||
2 | regulations shall provide that a prisoner who has been placed | ||||||
3 | on a waiting list but is transferred for non-disciplinary | ||||||
4 | reasons before beginning a program shall receive priority | ||||||
5 | placement on the waitlist for appropriate programs at the new | ||||||
6 | facility. The inability of any inmate to become engaged in any | ||||||
7 | such programs by reason of insufficient program resources or | ||||||
8 | for any other reason established under the rules and | ||||||
9 | regulations of the Department shall not be deemed a cause of | ||||||
10 | action under which the Department or any employee or agent of | ||||||
11 | the Department shall be liable for damages to the inmate. The | ||||||
12 | rules and regulations shall provide that a prisoner who begins | ||||||
13 | an educational, vocational, substance abuse, work-release | ||||||
14 | programs or activities in accordance with Article 13 of | ||||||
15 | Chapter III of this Code, behavior modification program, life | ||||||
16 | skills course, re-entry planning, or correctional industry | ||||||
17 | programs but is unable to complete the program due to illness, | ||||||
18 | disability, transfer, lockdown, or another reason outside of | ||||||
19 | the prisoner's control shall receive prorated sentence credits | ||||||
20 | for the days in which the prisoner did participate. | ||||||
21 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
22 | subsection (a), the rules and regulations shall also provide | ||||||
23 | that an additional 90 days of sentence credit shall be awarded | ||||||
24 | to any prisoner who passes high school equivalency testing | ||||||
25 | while the prisoner is committed to the Department of | ||||||
26 | Corrections. The sentence credit awarded under this paragraph |
| |||||||
| |||||||
1 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
2 | of sentence credit under any other paragraph of this Section, | ||||||
3 | but shall also be pursuant to the guidelines and restrictions | ||||||
4 | set forth in paragraph (4) of subsection (a) of this Section. | ||||||
5 | The sentence credit provided for in this paragraph shall be | ||||||
6 | available only to those prisoners who have not previously | ||||||
7 | earned a high school diploma or a State of Illinois High School | ||||||
8 | Diploma. If, after an award of the high school equivalency | ||||||
9 | testing sentence credit has been made, the Department | ||||||
10 | determines that the prisoner was not eligible, then the award | ||||||
11 | shall be revoked. The Department may also award 90 days of | ||||||
12 | sentence credit to any committed person who passed high school | ||||||
13 | equivalency testing while he or she was held in pre-trial | ||||||
14 | detention prior to the current commitment to the Department of | ||||||
15 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
16 | subsection (a), the rules and regulations shall provide that | ||||||
17 | an additional 120 days of sentence credit shall be awarded to | ||||||
18 | any prisoner who obtains an associate degree while the | ||||||
19 | prisoner is committed to the Department of Corrections, | ||||||
20 | regardless of the date that the associate degree was obtained, | ||||||
21 | including if prior to July 1, 2021 (the effective date of | ||||||
22 | Public Act 101-652). The sentence credit awarded under this | ||||||
23 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
24 | the award of sentence credit under any other paragraph of this | ||||||
25 | Section, but shall also be under the guidelines and | ||||||
26 | restrictions set forth in paragraph (4) of subsection (a) of |
| |||||||
| |||||||
1 | this Section. The sentence credit provided for in this | ||||||
2 | paragraph (4.1) shall be available only to those prisoners who | ||||||
3 | have not previously earned an associate degree prior to the | ||||||
4 | current commitment to the Department of Corrections. If, after | ||||||
5 | an award of the associate degree sentence credit has been made | ||||||
6 | and the Department determines that the prisoner was not | ||||||
7 | eligible, then the award shall be revoked. The Department may | ||||||
8 | also award 120 days of sentence credit to any committed person | ||||||
9 | who earned an associate degree while he or she was held in | ||||||
10 | pre-trial detention prior to the current commitment to the | ||||||
11 | Department of Corrections. | ||||||
12 | Except as provided in paragraph (4.7) of this subsection | ||||||
13 | (a), the rules and regulations shall provide that an | ||||||
14 | additional 180 days of sentence credit shall be awarded to any | ||||||
15 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
16 | committed to the Department of Corrections. The sentence | ||||||
17 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
18 | to, and shall not affect, the award of sentence credit under | ||||||
19 | any other paragraph of this Section, but shall also be under | ||||||
20 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
21 | this subsection (a). The sentence credit provided for in this | ||||||
22 | paragraph shall be available only to those prisoners who have | ||||||
23 | not earned a bachelor's degree prior to the current commitment | ||||||
24 | to the Department of Corrections. If, after an award of the | ||||||
25 | bachelor's degree sentence credit has been made, the | ||||||
26 | Department determines that the prisoner was not eligible, then |
| |||||||
| |||||||
1 | the award shall be revoked. The Department may also award 180 | ||||||
2 | days of sentence credit to any committed person who earned a | ||||||
3 | bachelor's degree while he or she was held in pre-trial | ||||||
4 | detention prior to the current commitment to the Department of | ||||||
5 | Corrections. | ||||||
6 | Except as provided in paragraph (4.7) of this subsection | ||||||
7 | (a), the rules and regulations shall provide that an | ||||||
8 | additional 180 days of sentence credit shall be awarded to any | ||||||
9 | prisoner who obtains a master's or professional degree while | ||||||
10 | the prisoner is committed to the Department of Corrections. | ||||||
11 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
12 | be in addition to, and shall not affect, the award of sentence | ||||||
13 | credit under any other paragraph of this Section, but shall | ||||||
14 | also be under the guidelines and restrictions set forth in | ||||||
15 | paragraph (4) of this subsection (a). The sentence credit | ||||||
16 | provided for in this paragraph shall be available only to | ||||||
17 | those prisoners who have not previously earned a master's or | ||||||
18 | professional degree prior to the current commitment to the | ||||||
19 | Department of Corrections. If, after an award of the master's | ||||||
20 | or professional degree sentence credit has been made, the | ||||||
21 | Department determines that the prisoner was not eligible, then | ||||||
22 | the award shall be revoked. The Department may also award 180 | ||||||
23 | days of sentence credit to any committed person who earned a | ||||||
24 | master's or professional degree while he or she was held in | ||||||
25 | pre-trial detention prior to the current commitment to the | ||||||
26 | Department of Corrections. |
| |||||||
| |||||||
1 | (4.2)(A) The rules and regulations shall also provide that | ||||||
2 | any prisoner engaged in self-improvement programs, volunteer | ||||||
3 | work, or work assignments that are not otherwise eligible | ||||||
4 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
5 | of sentence credit for each day in which the prisoner is | ||||||
6 | engaged in activities described in this paragraph. | ||||||
7 | (B) The rules and regulations shall provide for the award | ||||||
8 | of sentence credit under this paragraph (4.2) for qualifying | ||||||
9 | days of engagement in eligible activities occurring prior to | ||||||
10 | July 1, 2021 (the effective date of Public Act 101-652). | ||||||
11 | (4.5) The rules and regulations on sentence credit shall | ||||||
12 | also provide that when the court's sentencing order recommends | ||||||
13 | a prisoner for substance abuse treatment and the crime was | ||||||
14 | committed on or after September 1, 2003 (the effective date of | ||||||
15 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
16 | credit awarded under clause (3) of this subsection (a) unless | ||||||
17 | he or she participates in and completes a substance abuse | ||||||
18 | treatment program. The Director of Corrections may waive the | ||||||
19 | requirement to participate in or complete a substance abuse | ||||||
20 | treatment program in specific instances if the prisoner is not | ||||||
21 | a good candidate for a substance abuse treatment program for | ||||||
22 | medical, programming, or operational reasons. Availability of | ||||||
23 | substance abuse treatment shall be subject to the limits of | ||||||
24 | fiscal resources appropriated by the General Assembly for | ||||||
25 | these purposes. If treatment is not available and the | ||||||
26 | requirement to participate and complete the treatment has not |
| |||||||
| |||||||
1 | been waived by the Director, the prisoner shall be placed on a | ||||||
2 | waiting list under criteria established by the Department. The | ||||||
3 | Director may allow a prisoner placed on a waiting list to | ||||||
4 | participate in and complete a substance abuse education class | ||||||
5 | or attend substance abuse self-help meetings in lieu of a | ||||||
6 | substance abuse treatment program. A prisoner on a waiting | ||||||
7 | list who is not placed in a substance abuse program prior to | ||||||
8 | release may be eligible for a waiver and receive sentence | ||||||
9 | credit under clause (3) of this subsection (a) at the | ||||||
10 | discretion of the Director. | ||||||
11 | (4.6) The rules and regulations on sentence credit shall | ||||||
12 | also provide that a prisoner who has been convicted of a sex | ||||||
13 | offense as defined in Section 2 of the Sex Offender | ||||||
14 | Registration Act shall receive no sentence credit unless he or | ||||||
15 | she either has successfully completed or is participating in | ||||||
16 | sex offender treatment as defined by the Sex Offender | ||||||
17 | Management Board. However, prisoners who are waiting to | ||||||
18 | receive treatment, but who are unable to do so due solely to | ||||||
19 | the lack of resources on the part of the Department, may, at | ||||||
20 | either Director's sole discretion, be awarded sentence credit | ||||||
21 | at a rate as the Director shall determine. | ||||||
22 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
23 | Public Act 100-3), sentence credit under paragraph (3), (4), | ||||||
24 | or (4.1) of this subsection (a) may be awarded to a prisoner | ||||||
25 | who is serving a sentence for an offense described in | ||||||
26 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
| |||||||
| |||||||
1 | on or after January 1, 2018 (the effective date of Public Act | ||||||
2 | 100-3); provided, the award of the credits under this | ||||||
3 | paragraph (4.7) shall not reduce the sentence of the prisoner | ||||||
4 | to less than the following amounts: | ||||||
5 | (i) 85% of his or her sentence if the prisoner is | ||||||
6 | required to serve 85% of his or her sentence; or | ||||||
7 | (ii) 60% of his or her sentence if the prisoner is | ||||||
8 | required to serve 75% of his or her sentence, except if the | ||||||
9 | prisoner is serving a sentence for gunrunning his or her | ||||||
10 | sentence shall not be reduced to less than 75%. | ||||||
11 | (iii) 100% of his or her sentence if the prisoner is | ||||||
12 | required to serve 100% of his or her sentence. | ||||||
13 | (5) Whenever the Department is to release any inmate | ||||||
14 | earlier than it otherwise would because of a grant of earned | ||||||
15 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
16 | Section given at any time during the term, the Department | ||||||
17 | shall give reasonable notice of the impending release not less | ||||||
18 | than 14 days prior to the date of the release to the State's | ||||||
19 | Attorney of the county where the prosecution of the inmate | ||||||
20 | took place, and if applicable, the State's Attorney of the | ||||||
21 | county into which the inmate will be released. The Department | ||||||
22 | must also make identification information and a recent photo | ||||||
23 | of the inmate being released accessible on the Internet by | ||||||
24 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
25 | Early Release" on the Department's World Wide Web homepage. | ||||||
26 | The identification information shall include the inmate's: |
| |||||||
| |||||||
1 | name, any known alias, date of birth, physical | ||||||
2 | characteristics, commitment offense, and county where | ||||||
3 | conviction was imposed. The identification information shall | ||||||
4 | be placed on the website within 3 days of the inmate's release | ||||||
5 | and the information may not be removed until either: | ||||||
6 | completion of the first year of mandatory supervised release | ||||||
7 | or return of the inmate to custody of the Department. | ||||||
8 | (b) Whenever a person is or has been committed under | ||||||
9 | several convictions, with separate sentences, the sentences | ||||||
10 | shall be construed under Section 5-8-4 in granting and | ||||||
11 | forfeiting of sentence credit. | ||||||
12 | (c) (1) The Department shall prescribe rules and | ||||||
13 | regulations for revoking sentence credit, including revoking | ||||||
14 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
15 | of this Section. The Department shall prescribe rules and | ||||||
16 | regulations establishing and requiring the use of a sanctions | ||||||
17 | matrix for revoking sentence credit. The Department shall | ||||||
18 | prescribe rules and regulations for suspending or reducing the | ||||||
19 | rate of accumulation of sentence credit for specific rule | ||||||
20 | violations, during imprisonment. These rules and regulations | ||||||
21 | shall provide that no inmate may be penalized more than one | ||||||
22 | year of sentence credit for any one infraction. | ||||||
23 | (2) When the Department seeks to revoke, suspend, or | ||||||
24 | reduce the rate of accumulation of any sentence credits for an | ||||||
25 | alleged infraction of its rules, it shall bring charges | ||||||
26 | therefor against the prisoner sought to be so deprived of |
| |||||||
| |||||||
1 | sentence credits before the Prisoner Review Board as provided | ||||||
2 | in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | ||||||
3 | amount of credit at issue exceeds 30 days, whether from one | ||||||
4 | infraction or cumulatively from multiple infractions arising | ||||||
5 | out of a single event, or when, during any 12-month period, the | ||||||
6 | cumulative amount of credit revoked exceeds 30 days except | ||||||
7 | where the infraction is committed or discovered within 60 days | ||||||
8 | of scheduled release. In those cases, the Department of | ||||||
9 | Corrections may revoke up to 30 days of sentence credit. The | ||||||
10 | Board may subsequently approve the revocation of additional | ||||||
11 | sentence credit, if the Department seeks to revoke sentence | ||||||
12 | credit in excess of 30 days. However, the Board shall not be | ||||||
13 | empowered to review the Department's decision with respect to | ||||||
14 | the loss of 30 days of sentence credit within any calendar year | ||||||
15 | for any prisoner or to increase any penalty beyond the length | ||||||
16 | requested by the Department. | ||||||
17 | (3) The Director of Corrections or the Director of | ||||||
18 | Juvenile Justice, in appropriate cases, may restore sentence | ||||||
19 | credits which have been revoked, suspended, or reduced. The | ||||||
20 | Department shall prescribe rules and regulations governing the | ||||||
21 | restoration of sentence credits. These rules and regulations | ||||||
22 | shall provide for the automatic restoration of sentence | ||||||
23 | credits following a period in which the prisoner maintains a | ||||||
24 | record without a disciplinary violation. | ||||||
25 | Nothing contained in this Section shall prohibit the | ||||||
26 | Prisoner Review Board from ordering, pursuant to Section |
| |||||||
| |||||||
1 | 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | ||||||
2 | sentence imposed by the court that was not served due to the | ||||||
3 | accumulation of sentence credit. | ||||||
4 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
5 | federal court against the State, the Department of | ||||||
6 | Corrections, or the Prisoner Review Board, or against any of | ||||||
7 | their officers or employees, and the court makes a specific | ||||||
8 | finding that a pleading, motion, or other paper filed by the | ||||||
9 | prisoner is frivolous, the Department of Corrections shall | ||||||
10 | conduct a hearing to revoke up to 180 days of sentence credit | ||||||
11 | by bringing charges against the prisoner sought to be deprived | ||||||
12 | of the sentence credits before the Prisoner Review Board as | ||||||
13 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | ||||||
14 | If the prisoner has not accumulated 180 days of sentence | ||||||
15 | credit at the time of the finding, then the Prisoner Review | ||||||
16 | Board may revoke all sentence credit accumulated by the | ||||||
17 | prisoner. | ||||||
18 | For purposes of this subsection (d): | ||||||
19 | (1) "Frivolous" means that a pleading, motion, or | ||||||
20 | other filing which purports to be a legal document filed | ||||||
21 | by a prisoner in his or her lawsuit meets any or all of the | ||||||
22 | following criteria: | ||||||
23 | (A) it lacks an arguable basis either in law or in | ||||||
24 | fact; | ||||||
25 | (B) it is being presented for any improper | ||||||
26 | purpose, such as to harass or to cause unnecessary |
| |||||||
| |||||||
1 | delay or needless increase in the cost of litigation; | ||||||
2 | (C) the claims, defenses, and other legal | ||||||
3 | contentions therein are not warranted by existing law | ||||||
4 | or by a nonfrivolous argument for the extension, | ||||||
5 | modification, or reversal of existing law or the | ||||||
6 | establishment of new law; | ||||||
7 | (D) the allegations and other factual contentions | ||||||
8 | do not have evidentiary support or, if specifically so | ||||||
9 | identified, are not likely to have evidentiary support | ||||||
10 | after a reasonable opportunity for further | ||||||
11 | investigation or discovery; or | ||||||
12 | (E) the denials of factual contentions are not | ||||||
13 | warranted on the evidence, or if specifically so | ||||||
14 | identified, are not reasonably based on a lack of | ||||||
15 | information or belief. | ||||||
16 | (2) "Lawsuit" means a motion pursuant to Section 116-3 | ||||||
17 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
18 | action under Article X of the Code of Civil Procedure or | ||||||
19 | under federal law (28 U.S.C. 2254), a petition for claim | ||||||
20 | under the Court of Claims Act, an action under the federal | ||||||
21 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
22 | subsequent petition for post-conviction relief under | ||||||
23 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
24 | whether filed with or without leave of court or a second or | ||||||
25 | subsequent petition for relief from judgment under Section | ||||||
26 | 2-1401 of the Code of Civil Procedure. |
| |||||||
| |||||||
1 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
2 | validity of Public Act 89-404. | ||||||
3 | (f) Whenever the Department is to release any inmate who | ||||||
4 | has been convicted of a violation of an order of protection | ||||||
5 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012, earlier than it otherwise would | ||||||
7 | because of a grant of sentence credit, the Department, as a | ||||||
8 | condition of release, shall require that the person, upon | ||||||
9 | release, be placed under electronic surveillance as provided | ||||||
10 | in Section 5-8A-7 of this Code. | ||||||
11 | (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
12 | 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. | ||||||
13 | 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised | ||||||
14 | 12-15-23.) | ||||||
15 | (730 ILCS 5/5-5-3.2) | ||||||
16 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
17 | sentencing. | ||||||
18 | (a) The following factors shall be accorded weight in | ||||||
19 | favor of imposing a term of imprisonment or may be considered | ||||||
20 | by the court as reasons to impose a more severe sentence under | ||||||
21 | Section 5-8-1 or Article 4.5 of Chapter V: | ||||||
22 | (1) the defendant's conduct caused or threatened | ||||||
23 | serious harm; | ||||||
24 | (2) the defendant received compensation for committing | ||||||
25 | the offense; |
| |||||||
| |||||||
1 | (3) the defendant has a history of prior delinquency | ||||||
2 | or criminal activity; | ||||||
3 | (4) the defendant, by the duties of his office or by | ||||||
4 | his position, was obliged to prevent the particular | ||||||
5 | offense committed or to bring the offenders committing it | ||||||
6 | to justice; | ||||||
7 | (5) the defendant held public office at the time of | ||||||
8 | the offense, and the offense related to the conduct of | ||||||
9 | that office; | ||||||
10 | (6) the defendant utilized his professional reputation | ||||||
11 | or position in the community to commit the offense, or to | ||||||
12 | afford him an easier means of committing it; | ||||||
13 | (7) the sentence is necessary to deter others from | ||||||
14 | committing the same crime; | ||||||
15 | (8) the defendant committed the offense against a | ||||||
16 | person 60 years of age or older or such person's property; | ||||||
17 | (9) the defendant committed the offense against a | ||||||
18 | person who has a physical disability or such person's | ||||||
19 | property; | ||||||
20 | (10) by reason of another individual's actual or | ||||||
21 | perceived race, color, creed, religion, ancestry, gender, | ||||||
22 | sexual orientation, physical or mental disability, or | ||||||
23 | national origin, the defendant committed the offense | ||||||
24 | against (i) the person or property of that individual; | ||||||
25 | (ii) the person or property of a person who has an | ||||||
26 | association with, is married to, or has a friendship with |
| |||||||
| |||||||
1 | the other individual; or (iii) the person or property of a | ||||||
2 | relative (by blood or marriage) of a person described in | ||||||
3 | clause (i) or (ii). For the purposes of this Section, | ||||||
4 | "sexual orientation" has the meaning ascribed to it in | ||||||
5 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
6 | Rights Act; | ||||||
7 | (11) the offense took place in a place of worship or on | ||||||
8 | the grounds of a place of worship, immediately prior to, | ||||||
9 | during or immediately following worship services. For | ||||||
10 | purposes of this subparagraph, "place of worship" shall | ||||||
11 | mean any church, synagogue or other building, structure or | ||||||
12 | place used primarily for religious worship; | ||||||
13 | (12) the defendant was convicted of a felony committed | ||||||
14 | while he was on pretrial release or his own recognizance | ||||||
15 | pending trial for a prior felony and was convicted of such | ||||||
16 | prior felony, or the defendant was convicted of a felony | ||||||
17 | committed while he was serving a period of probation, | ||||||
18 | conditional discharge, or mandatory supervised release | ||||||
19 | under subsection (d) of Section 5-8-1 for a prior felony; | ||||||
20 | (13) the defendant committed or attempted to commit a | ||||||
21 | felony while he was wearing a bulletproof vest. For the | ||||||
22 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
23 | device which is designed for the purpose of protecting the | ||||||
24 | wearer from bullets, shot or other lethal projectiles; | ||||||
25 | (14) the defendant held a position of trust or | ||||||
26 | supervision such as, but not limited to, family member as |
| |||||||
| |||||||
1 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
2 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
3 | relation to a victim under 18 years of age, and the | ||||||
4 | defendant committed an offense in violation of Section | ||||||
5 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
6 | 11-14.4 except for an offense that involves keeping a | ||||||
7 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||||||
8 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
9 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012 against that victim; | ||||||
11 | (15) the defendant committed an offense related to the | ||||||
12 | activities of an organized gang. For the purposes of this | ||||||
13 | factor, "organized gang" has the meaning ascribed to it in | ||||||
14 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
15 | Act; | ||||||
16 | (16) the defendant committed an offense in violation | ||||||
17 | of one of the following Sections while in a school, | ||||||
18 | regardless of the time of day or time of year; on any | ||||||
19 | conveyance owned, leased, or contracted by a school to | ||||||
20 | transport students to or from school or a school related | ||||||
21 | activity; on the real property of a school; or on a public | ||||||
22 | way within 1,000 feet of the real property comprising any | ||||||
23 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
24 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
25 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
26 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, |
| |||||||
| |||||||
1 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
2 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012; | ||||||
4 | (16.5) the defendant committed an offense in violation | ||||||
5 | of one of the following Sections while in a day care | ||||||
6 | center, regardless of the time of day or time of year; on | ||||||
7 | the real property of a day care center, regardless of the | ||||||
8 | time of day or time of year; or on a public way within | ||||||
9 | 1,000 feet of the real property comprising any day care | ||||||
10 | center, regardless of the time of day or time of year: | ||||||
11 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
12 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
13 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
14 | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
15 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
16 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012; | ||||||
18 | (17) the defendant committed the offense by reason of | ||||||
19 | any person's activity as a community policing volunteer or | ||||||
20 | to prevent any person from engaging in activity as a | ||||||
21 | community policing volunteer. For the purpose of this | ||||||
22 | Section, "community policing volunteer" has the meaning | ||||||
23 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
24 | 2012; | ||||||
25 | (18) the defendant committed the offense in a nursing | ||||||
26 | home or on the real property comprising a nursing home. |
| |||||||
| |||||||
1 | For the purposes of this paragraph (18), "nursing home" | ||||||
2 | means a skilled nursing or intermediate long term care | ||||||
3 | facility that is subject to license by the Illinois | ||||||
4 | Department of Public Health under the Nursing Home Care | ||||||
5 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
6 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
7 | (19) the defendant was a federally licensed firearm | ||||||
8 | dealer and was previously convicted of a violation of | ||||||
9 | subsection (a) of Section 3 of the Firearm Owners | ||||||
10 | Identification Card Act and has now committed either a | ||||||
11 | felony violation of the Firearm Owners Identification Card | ||||||
12 | Act or an act of armed violence while armed with a firearm; | ||||||
13 | (20) the defendant (i) committed the offense of | ||||||
14 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
15 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
16 | driving under the influence of alcohol, other drug or | ||||||
17 | drugs, intoxicating compound or compounds or any | ||||||
18 | combination thereof under Section 11-501 of the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance | ||||||
20 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
21 | miles per hour over the posted speed limit as provided in | ||||||
22 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
23 | (21) the defendant (i) committed the offense of | ||||||
24 | reckless driving or aggravated reckless driving under | ||||||
25 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
26 | operating a motor vehicle in excess of 20 miles per hour |
| |||||||
| |||||||
1 | over the posted speed limit as provided in Article VI of | ||||||
2 | Chapter 11 of the Illinois Vehicle Code; | ||||||
3 | (22) the defendant committed the offense against a | ||||||
4 | person that the defendant knew, or reasonably should have | ||||||
5 | known, was a member of the Armed Forces of the United | ||||||
6 | States serving on active duty. For purposes of this clause | ||||||
7 | (22), the term "Armed Forces" means any of the Armed | ||||||
8 | Forces of the United States, including a member of any | ||||||
9 | reserve component thereof or National Guard unit called to | ||||||
10 | active duty; | ||||||
11 | (23) the defendant committed the offense against a | ||||||
12 | person who was elderly or infirm or who was a person with a | ||||||
13 | disability by taking advantage of a family or fiduciary | ||||||
14 | relationship with the elderly or infirm person or person | ||||||
15 | with a disability; | ||||||
16 | (24) the defendant committed any offense under Section | ||||||
17 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
18 | of 2012 and possessed 100 or more images; | ||||||
19 | (25) the defendant committed the offense while the | ||||||
20 | defendant or the victim was in a train, bus, or other | ||||||
21 | vehicle used for public transportation; | ||||||
22 | (26) the defendant committed the offense of child | ||||||
23 | pornography or aggravated child pornography, specifically | ||||||
24 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
25 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012 where a child engaged in, |
| |||||||
| |||||||
1 | solicited for, depicted in, or posed in any act of sexual | ||||||
2 | penetration or bound, fettered, or subject to sadistic, | ||||||
3 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
4 | and specifically including paragraph (1), (2), (3), (4), | ||||||
5 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
6 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
7 | engaged in, solicited for, depicted in, or posed in any | ||||||
8 | act of sexual penetration or bound, fettered, or subject | ||||||
9 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
10 | sexual context; | ||||||
11 | (27) the defendant committed the offense of first | ||||||
12 | degree murder, assault, aggravated assault, battery, | ||||||
13 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
14 | robbery against a person who was a veteran and the | ||||||
15 | defendant knew, or reasonably should have known, that the | ||||||
16 | person was a veteran performing duties as a representative | ||||||
17 | of a veterans' organization. For the purposes of this | ||||||
18 | paragraph (27), "veteran" means an Illinois resident who | ||||||
19 | has served as a member of the United States Armed Forces, a | ||||||
20 | member of the Illinois National Guard, or a member of the | ||||||
21 | United States Reserve Forces; and "veterans' organization" | ||||||
22 | means an organization comprised of members of which | ||||||
23 | substantially all are individuals who are veterans or | ||||||
24 | spouses, widows, or widowers of veterans, the primary | ||||||
25 | purpose of which is to promote the welfare of its members | ||||||
26 | and to provide assistance to the general public in such a |
| |||||||
| |||||||
1 | way as to confer a public benefit; | ||||||
2 | (28) the defendant committed the offense of assault, | ||||||
3 | aggravated assault, battery, aggravated battery, robbery, | ||||||
4 | armed robbery, or aggravated robbery against a person that | ||||||
5 | the defendant knew or reasonably should have known was a | ||||||
6 | letter carrier or postal worker while that person was | ||||||
7 | performing his or her duties delivering mail for the | ||||||
8 | United States Postal Service; | ||||||
9 | (29) the defendant committed the offense of criminal | ||||||
10 | sexual assault, aggravated criminal sexual assault, | ||||||
11 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
12 | against a victim with an intellectual disability, and the | ||||||
13 | defendant holds a position of trust, authority, or | ||||||
14 | supervision in relation to the victim; | ||||||
15 | (30) the defendant committed the offense of promoting | ||||||
16 | juvenile prostitution, patronizing a prostitute, or | ||||||
17 | patronizing a minor engaged in prostitution and at the | ||||||
18 | time of the commission of the offense knew that the | ||||||
19 | prostitute or minor engaged in prostitution was in the | ||||||
20 | custody or guardianship of the Department of Children and | ||||||
21 | Family Services; | ||||||
22 | (31) the defendant (i) committed the offense of | ||||||
23 | driving while under the influence of alcohol, other drug | ||||||
24 | or drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof in violation of Section 11-501 of the | ||||||
26 | Illinois Vehicle Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance and (ii) the defendant during the commission of | ||||||
2 | the offense was driving his or her vehicle upon a roadway | ||||||
3 | designated for one-way traffic in the opposite direction | ||||||
4 | of the direction indicated by official traffic control | ||||||
5 | devices; | ||||||
6 | (32) the defendant committed the offense of reckless | ||||||
7 | homicide while committing a violation of Section 11-907 of | ||||||
8 | the Illinois Vehicle Code; | ||||||
9 | (33) the defendant was found guilty of an | ||||||
10 | administrative infraction related to an act or acts of | ||||||
11 | public indecency or sexual misconduct in the penal | ||||||
12 | institution. In this paragraph (33), "penal institution" | ||||||
13 | has the same meaning as in Section 2-14 of the Criminal | ||||||
14 | Code of 2012; or | ||||||
15 | (34) the defendant committed the offense of leaving | ||||||
16 | the scene of a crash in violation of subsection (b) of | ||||||
17 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
18 | resulted in the death of a person and at the time of the | ||||||
19 | offense, the defendant was: (i) driving under the | ||||||
20 | influence of alcohol, other drug or drugs, intoxicating | ||||||
21 | compound or compounds or any combination thereof as | ||||||
22 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
23 | (ii) operating the motor vehicle while using an electronic | ||||||
24 | communication device as defined in Section 12-610.2 of the | ||||||
25 | Illinois Vehicle Code. | ||||||
26 | For the purposes of this Section: |
| |||||||
| |||||||
1 | "School" is defined as a public or private elementary or | ||||||
2 | secondary school, community college, college, or university. | ||||||
3 | "Day care center" means a public or private State | ||||||
4 | certified and licensed day care center as defined in Section | ||||||
5 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
6 | plain view stating that the property is a day care center. | ||||||
7 | "Intellectual disability" means significantly subaverage | ||||||
8 | intellectual functioning which exists concurrently with | ||||||
9 | impairment in adaptive behavior. | ||||||
10 | "Public transportation" means the transportation or | ||||||
11 | conveyance of persons by means available to the general | ||||||
12 | public, and includes paratransit services. | ||||||
13 | "Traffic control devices" means all signs, signals, | ||||||
14 | markings, and devices that conform to the Illinois Manual on | ||||||
15 | Uniform Traffic Control Devices, placed or erected by | ||||||
16 | authority of a public body or official having jurisdiction, | ||||||
17 | for the purpose of regulating, warning, or guiding traffic. | ||||||
18 | (b) The following factors, related to all felonies, may be | ||||||
19 | considered by the court as reasons to impose an extended term | ||||||
20 | sentence under Section 5-8-2 upon any offender: | ||||||
21 | (1) When a defendant is convicted of any felony, after | ||||||
22 | having been previously convicted in Illinois or any other | ||||||
23 | jurisdiction of the same or similar class felony or | ||||||
24 | greater class felony, when such conviction has occurred | ||||||
25 | within 10 years after the previous conviction, excluding | ||||||
26 | time spent in custody, and such charges are separately |
| |||||||
| |||||||
1 | brought and tried and arise out of different series of | ||||||
2 | acts; or | ||||||
3 | (2) When a defendant is convicted of any felony and | ||||||
4 | the court finds that the offense was accompanied by | ||||||
5 | exceptionally brutal or heinous behavior indicative of | ||||||
6 | wanton cruelty; or | ||||||
7 | (3) When a defendant is convicted of any felony | ||||||
8 | committed against: | ||||||
9 | (i) a person under 12 years of age at the time of | ||||||
10 | the offense or such person's property; | ||||||
11 | (ii) a person 60 years of age or older at the time | ||||||
12 | of the offense or such person's property; or | ||||||
13 | (iii) a person who had a physical disability at | ||||||
14 | the time of the offense or such person's property; or | ||||||
15 | (4) When a defendant is convicted of any felony and | ||||||
16 | the offense involved any of the following types of | ||||||
17 | specific misconduct committed as part of a ceremony, rite, | ||||||
18 | initiation, observance, performance, practice or activity | ||||||
19 | of any actual or ostensible religious, fraternal, or | ||||||
20 | social group: | ||||||
21 | (i) the brutalizing or torturing of humans or | ||||||
22 | animals; | ||||||
23 | (ii) the theft of human corpses; | ||||||
24 | (iii) the kidnapping of humans; | ||||||
25 | (iv) the desecration of any cemetery, religious, | ||||||
26 | fraternal, business, governmental, educational, or |
| |||||||
| |||||||
1 | other building or property; or | ||||||
2 | (v) ritualized abuse of a child; or | ||||||
3 | (5) When a defendant is convicted of a felony other | ||||||
4 | than conspiracy and the court finds that the felony was | ||||||
5 | committed under an agreement with 2 or more other persons | ||||||
6 | to commit that offense and the defendant, with respect to | ||||||
7 | the other individuals, occupied a position of organizer, | ||||||
8 | supervisor, financier, or any other position of management | ||||||
9 | or leadership, and the court further finds that the felony | ||||||
10 | committed was related to or in furtherance of the criminal | ||||||
11 | activities of an organized gang or was motivated by the | ||||||
12 | defendant's leadership in an organized gang; or | ||||||
13 | (6) When a defendant is convicted of an offense | ||||||
14 | committed while using a firearm with a laser sight | ||||||
15 | attached to it. For purposes of this paragraph, "laser | ||||||
16 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
17 | the Criminal Code of 2012; or | ||||||
18 | (7) When a defendant who was at least 17 years of age | ||||||
19 | at the time of the commission of the offense is convicted | ||||||
20 | of a felony and has been previously adjudicated a | ||||||
21 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
22 | an act that if committed by an adult would be a Class X or | ||||||
23 | Class 1 felony when the conviction has occurred within 10 | ||||||
24 | years after the previous adjudication, excluding time | ||||||
25 | spent in custody; or | ||||||
26 | (8) When a defendant commits any felony and the |
| |||||||
| |||||||
1 | defendant used, possessed, exercised control over, or | ||||||
2 | otherwise directed an animal to assault a law enforcement | ||||||
3 | officer engaged in the execution of his or her official | ||||||
4 | duties or in furtherance of the criminal activities of an | ||||||
5 | organized gang in which the defendant is engaged; or | ||||||
6 | (9) When a defendant commits any felony and the | ||||||
7 | defendant knowingly video or audio records the offense | ||||||
8 | with the intent to disseminate the recording. | ||||||
9 | (c) The following factors may be considered by the court | ||||||
10 | as reasons to impose an extended term sentence under Section | ||||||
11 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
12 | offenses: | ||||||
13 | (1) When a defendant is convicted of first degree | ||||||
14 | murder, after having been previously convicted in Illinois | ||||||
15 | of any offense listed under paragraph (c)(2) of Section | ||||||
16 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
17 | occurred within 10 years after the previous conviction, | ||||||
18 | excluding time spent in custody, and the charges are | ||||||
19 | separately brought and tried and arise out of different | ||||||
20 | series of acts. | ||||||
21 | (1.5) When a defendant is convicted of first degree | ||||||
22 | murder, after having been previously convicted of domestic | ||||||
23 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
24 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
25 | having been previously convicted of violation of an order | ||||||
26 | of protection (720 ILCS 5/12-30) in which the same victim |
| |||||||
| |||||||
1 | was the protected person. | ||||||
2 | (2) When a defendant is convicted of voluntary | ||||||
3 | manslaughter, second degree murder, involuntary | ||||||
4 | manslaughter, or reckless homicide in which the defendant | ||||||
5 | has been convicted of causing the death of more than one | ||||||
6 | individual. | ||||||
7 | (3) When a defendant is convicted of aggravated | ||||||
8 | criminal sexual assault or criminal sexual assault, when | ||||||
9 | there is a finding that aggravated criminal sexual assault | ||||||
10 | or criminal sexual assault was also committed on the same | ||||||
11 | victim by one or more other individuals, and the defendant | ||||||
12 | voluntarily participated in the crime with the knowledge | ||||||
13 | of the participation of the others in the crime, and the | ||||||
14 | commission of the crime was part of a single course of | ||||||
15 | conduct during which there was no substantial change in | ||||||
16 | the nature of the criminal objective. | ||||||
17 | (4) If the victim was under 18 years of age at the time | ||||||
18 | of the commission of the offense, when a defendant is | ||||||
19 | convicted of aggravated criminal sexual assault or | ||||||
20 | predatory criminal sexual assault of a child under | ||||||
21 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
22 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
24 | (5) When a defendant is convicted of a felony | ||||||
25 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
26 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
| |||||||
| |||||||
1 | finding that the defendant is a member of an organized | ||||||
2 | gang. | ||||||
3 | (6) When a defendant was convicted of unlawful | ||||||
4 | possession use of weapons under Section 24-1 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
6 | ILCS 5/24-1) for possessing a weapon that is not readily | ||||||
7 | distinguishable as one of the weapons enumerated in | ||||||
8 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012 (720 ILCS 5/24-1). | ||||||
10 | (7) When a defendant is convicted of an offense | ||||||
11 | involving the illegal manufacture of a controlled | ||||||
12 | substance under Section 401 of the Illinois Controlled | ||||||
13 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
14 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
15 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
16 | the illegal possession of explosives and an emergency | ||||||
17 | response officer in the performance of his or her duties | ||||||
18 | is killed or injured at the scene of the offense while | ||||||
19 | responding to the emergency caused by the commission of | ||||||
20 | the offense. In this paragraph, "emergency" means a | ||||||
21 | situation in which a person's life, health, or safety is | ||||||
22 | in jeopardy; and "emergency response officer" means a | ||||||
23 | peace officer, community policing volunteer, fireman, | ||||||
24 | emergency medical technician-ambulance, emergency medical | ||||||
25 | technician-intermediate, emergency medical | ||||||
26 | technician-paramedic, ambulance driver, other medical |
| |||||||
| |||||||
1 | assistance or first aid personnel, or hospital emergency | ||||||
2 | room personnel. | ||||||
3 | (8) When the defendant is convicted of attempted mob | ||||||
4 | action, solicitation to commit mob action, or conspiracy | ||||||
5 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
6 | Criminal Code of 2012, where the criminal object is a | ||||||
7 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
8 | and an electronic communication is used in the commission | ||||||
9 | of the offense. For the purposes of this paragraph (8), | ||||||
10 | "electronic communication" shall have the meaning provided | ||||||
11 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
12 | (d) For the purposes of this Section, "organized gang" has | ||||||
13 | the meaning ascribed to it in Section 10 of the Illinois | ||||||
14 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
15 | (e) The court may impose an extended term sentence under | ||||||
16 | Article 4.5 of Chapter V upon an offender who has been | ||||||
17 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
18 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
19 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
20 | when the victim of the offense is under 18 years of age at the | ||||||
21 | time of the commission of the offense and, during the | ||||||
22 | commission of the offense, the victim was under the influence | ||||||
23 | of alcohol, regardless of whether or not the alcohol was | ||||||
24 | supplied by the offender; and the offender, at the time of the | ||||||
25 | commission of the offense, knew or should have known that the | ||||||
26 | victim had consumed alcohol. |
| |||||||
| |||||||
1 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
2 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
3 | 8-20-21; 102-982, eff. 7-1-23 .) | ||||||
4 | (730 ILCS 5/5-6-3.6) | ||||||
5 | Sec. 5-6-3.6. First Time Weapon Offense Program. | ||||||
6 | (a) The General Assembly has sought to promote public | ||||||
7 | safety, reduce recidivism, and conserve valuable resources of | ||||||
8 | the criminal justice system through the creation of diversion | ||||||
9 | programs for non-violent offenders. This amendatory Act of the | ||||||
10 | 103rd General Assembly establishes a program for first-time, | ||||||
11 | non-violent offenders charged with certain weapons possession | ||||||
12 | offenses. The General Assembly recognizes some persons, | ||||||
13 | particularly in areas of high crime or poverty, may have | ||||||
14 | experienced trauma that contributes to poor decision making | ||||||
15 | skills, and the creation of a diversionary program poses a | ||||||
16 | greater benefit to the community and the person than | ||||||
17 | incarceration. Under this program, a court, with the consent | ||||||
18 | of the defendant and the State's Attorney, may sentence a | ||||||
19 | defendant charged with an unlawful possession use of weapons | ||||||
20 | offense under Section 24-1 of the Criminal Code of 2012 or | ||||||
21 | aggravated unlawful possession use of a weapon offense under | ||||||
22 | Section 24-1.6 of the Criminal Code of 2012, if punishable as a | ||||||
23 | Class 4 felony or lower, to a First Time Weapon Offense | ||||||
24 | Program. | ||||||
25 | (b) A defendant is not eligible for this Program if: |
| |||||||
| |||||||
1 | (1) the offense was committed during the commission of | ||||||
2 | a violent offense as defined in subsection (h) of this | ||||||
3 | Section; | ||||||
4 | (2) he or she has previously been convicted or placed | ||||||
5 | on probation or conditional discharge for any violent | ||||||
6 | offense under the laws of this State, the laws of any other | ||||||
7 | state, or the laws of the United States; | ||||||
8 | (3) he or she had a prior successful completion of the | ||||||
9 | First Time Weapon Offense Program under this Section; | ||||||
10 | (4) he or she has previously been adjudicated a | ||||||
11 | delinquent minor for the commission of a violent offense; | ||||||
12 | (5) (blank); or | ||||||
13 | (6) he or she has an existing order of protection | ||||||
14 | issued against him or her. | ||||||
15 | (b-5) In considering whether a defendant shall be | ||||||
16 | sentenced to the First Time Weapon Offense Program, the court | ||||||
17 | shall consider the following: | ||||||
18 | (1) the age, immaturity, or limited mental capacity of | ||||||
19 | the defendant; | ||||||
20 | (2) the nature and circumstances of the offense; | ||||||
21 | (3) whether participation in the Program is in the | ||||||
22 | interest of the defendant's rehabilitation, including any | ||||||
23 | employment or involvement in community, educational, | ||||||
24 | training, or vocational programs; | ||||||
25 | (4) whether the defendant suffers from trauma, as | ||||||
26 | supported by documentation or evaluation by a licensed |
| |||||||
| |||||||
1 | professional; and | ||||||
2 | (5) the potential risk to public safety. | ||||||
3 | (c) For an offense committed on or after January 1, 2018 | ||||||
4 | (the effective date of Public Act 100-3) whenever an | ||||||
eligible | |||||||
5 | person pleads guilty to an unlawful possession use | ||||||
of weapons | |||||||
6 | offense under Section 24-1 of the Criminal Code of 2012 or | ||||||
7 | aggravated unlawful possession use of a weapon offense under | ||||||
8 | Section 24-1.6 of the Criminal Code of 2012, which is | ||||||
9 | punishable as a Class 4 felony or lower, the court, with the | ||||||
10 | consent of the defendant and the State's Attorney, may, | ||||||
11 | without entering a judgment, sentence the defendant to | ||||||
12 | complete the First Time Weapon Offense Program. When a | ||||||
13 | defendant is placed in the Program, the court shall defer | ||||||
14 | further proceedings in the case until the conclusion of the | ||||||
15 | period or until the filing of a petition alleging violation of | ||||||
16 | a term or condition of the Program. Upon violation of a term or | ||||||
17 | condition of the Program, the court may enter a judgment on its | ||||||
18 | original finding of guilt and proceed as otherwise provided by | ||||||
19 | law. Upon fulfillment of the terms and conditions of the | ||||||
20 | Program, the court shall discharge the person and dismiss the | ||||||
21 | proceedings against the person. | ||||||
22 | (d) The Program shall be at least 6 months and not to | ||||||
23 | exceed 24 months, as determined by the court at the | ||||||
24 | recommendation of the Program administrator and the State's | ||||||
25 | Attorney. The Program administrator may be appointed by the | ||||||
26 | Chief Judge of each Judicial Circuit. |
| |||||||
| |||||||
1 | (e) The conditions of the Program shall be that the | ||||||
2 | defendant: | ||||||
3 | (1) not violate any criminal statute of this State or | ||||||
4 | any other jurisdiction; | ||||||
5 | (2) refrain from possessing a firearm or other | ||||||
6 | dangerous weapon; | ||||||
7 | (3) (blank); | ||||||
8 | (4) (blank); | ||||||
9 | (5) (blank); | ||||||
10 | (6) (blank); | ||||||
11 | (7) attend and participate in any Program activities | ||||||
12 | deemed required by the Program administrator, such as: | ||||||
13 | counseling sessions, in-person and over the phone | ||||||
14 | check-ins, and educational classes; and | ||||||
15 | (8) (blank). | ||||||
16 | (f) The Program may, in addition to other conditions, | ||||||
17 | require that the defendant: | ||||||
18 | (1) obtain or attempt to obtain employment; | ||||||
19 | (2) attend educational courses designed to prepare the | ||||||
20 | defendant for obtaining a high school diploma or to work | ||||||
21 | toward passing high school equivalency testing or to work | ||||||
22 | toward completing a vocational training program; | ||||||
23 | (3) refrain from having in his or her body the | ||||||
24 | presence of any illicit drug prohibited by the | ||||||
25 | Methamphetamine Control and Community Protection Act or | ||||||
26 | the Illinois Controlled Substances Act, unless prescribed |
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1 | by a physician, and submit samples of his or her blood or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | urine or both for tests to determine the presence of any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | illicit drug; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (4) perform community service; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (5) pay all fines, assessments, fees, and costs; and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (6) comply with such other reasonable conditions as | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | the court may impose. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (g) There may be only one discharge and dismissal under | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | this Section. If a person is convicted of any offense which | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | occurred within 5 years subsequent to a discharge and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | dismissal under this Section, the discharge and dismissal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | under this Section shall be admissible in the sentencing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | proceeding for that conviction as evidence in aggravation. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (h) For purposes of this Section, "violent offense" means | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | any offense in which bodily harm was inflicted or force was | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | used against any person or threatened against any person; any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | offense involving the possession of a firearm or dangerous | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | weapon; any offense involving sexual conduct, sexual | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | penetration, or sexual exploitation; violation of an order of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | protection, stalking, hate crime, domestic battery, or any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | offense of domestic violence. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | (i) (Blank). | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | 103-370, eff. 7-28-23.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | Section 99. Effective date. This Act takes effect January | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | 1, 2025. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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