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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-4.5-50 as follows: | ||||||
6 | (730 ILCS 5/5-4.5-50) | ||||||
7 | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except | ||||||
8 | as otherwise provided, for all felonies: | ||||||
9 | (a) NO SUPERVISION. The court, upon a plea of guilty or a | ||||||
10 | stipulation by the defendant of the facts supporting the charge | ||||||
11 | or a finding of guilt, may not defer further proceedings and | ||||||
12 | the imposition of a sentence and may not enter an order for | ||||||
13 | supervision of the defendant. | ||||||
14 | (b) FELONY FINES. Except as otherwise provided in | ||||||
15 | subsection (b-5) of this Section, an An offender may be | ||||||
16 | sentenced to pay a fine not to exceed, for each offense, | ||||||
17 | $25,000 or the amount specified in the offense, whichever is | ||||||
18 | greater, or if the offender is a corporation, $50,000 or the | ||||||
19 | amount specified in the offense, whichever is greater. A fine | ||||||
20 | may be imposed in addition to a sentence of conditional | ||||||
21 | discharge, probation, periodic imprisonment, or imprisonment. | ||||||
22 | See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for | ||||||
23 | imposition of additional amounts and determination of amounts |
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1 | and payment. | ||||||
2 | (b-5) PUBLIC OFFICIALS; FELONY CONVICTION. When a separate | ||||||
3 | finding of fact by the trier of fact shows beyond a reasonable | ||||||
4 | doubt that an offender is a public official who has been | ||||||
5 | convicted of a felony and that the felony conviction relates | ||||||
6 | to, arises out of, or is in connection with the offender's | ||||||
7 | holding of an elected office, the offender may be sentenced to | ||||||
8 | pay a fine not to exceed the greater of the value of the salary | ||||||
9 | and fringe benefits paid to the offender, by virtue of holding | ||||||
10 | an elected public office, after the commission of the first act | ||||||
11 | that was a basis for the felony conviction or $25,000.
As used | ||||||
12 | in this subsection (b-5), "public official" has the meaning | ||||||
13 | ascribed to it in Section 9-1.11 of the Election Code. | ||||||
14 | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | ||||||
15 | each felony conviction shall set forth his or her reasons for | ||||||
16 | imposing the particular sentence entered in the case, as | ||||||
17 | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may | ||||||
18 | include any mitigating or aggravating factors specified in this | ||||||
19 | Code, or the lack of any such factors, as well as any other | ||||||
20 | mitigating or aggravating factors that the judge sets forth on | ||||||
21 | the record that are consistent with the purposes and principles | ||||||
22 | of sentencing set out in this Code. | ||||||
23 | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | ||||||
24 | sentence may be made, or the court may reduce a sentence | ||||||
25 | without motion, within 30 days after the sentence is imposed. A | ||||||
26 | defendant's challenge to the correctness of a sentence or to |
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1 | any aspect of the sentencing hearing shall be made by a written | ||||||
2 | motion filed with the circuit court clerk within 30 days | ||||||
3 | following the imposition of sentence. A motion not filed within | ||||||
4 | that 30-day period is not timely. The court may not increase a | ||||||
5 | sentence once it is imposed. A notice of motion must be filed | ||||||
6 | with the motion. The notice of motion shall set the motion on | ||||||
7 | the court's calendar on a date certain within a reasonable time | ||||||
8 | after the date of filing. | ||||||
9 | If a motion filed pursuant to this subsection is timely | ||||||
10 | filed, the proponent of the motion shall exercise due diligence | ||||||
11 | in seeking a determination on the motion and the court shall | ||||||
12 | thereafter decide the motion within a reasonable time. | ||||||
13 | If a motion filed pursuant to this subsection is timely | ||||||
14 | filed, then for purposes of perfecting an appeal, a final | ||||||
15 | judgment is not considered to have been entered until the | ||||||
16 | motion to reduce the sentence has been decided by order entered | ||||||
17 | by the trial court. | ||||||
18 | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR | ||||||
19 | OTHER-STATE SENTENCE. A defendant who has a previous and | ||||||
20 | unexpired sentence of imprisonment imposed by another state or | ||||||
21 | by any district court of the United States and who, after | ||||||
22 | sentence for a crime in Illinois, must return to serve the | ||||||
23 | unexpired prior sentence may have his or her sentence by the | ||||||
24 | Illinois court ordered to be concurrent with the prior | ||||||
25 | other-state or federal sentence. The court may order that any | ||||||
26 | time served on the unexpired portion of the other-state or |
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1 | federal sentence, prior to his or her return to Illinois, shall | ||||||
2 | be credited on his or her Illinois sentence. The appropriate | ||||||
3 | official of the other state or the United States shall be | ||||||
4 | furnished with a copy of the order imposing sentence, which | ||||||
5 | shall provide that, when the offender is released from | ||||||
6 | other-state or federal confinement, whether by parole or by | ||||||
7 | termination of sentence, the offender shall be transferred by | ||||||
8 | the Sheriff of the committing Illinois county to the Illinois | ||||||
9 | Department of Corrections. The court shall cause the Department | ||||||
10 | of Corrections to be notified of the sentence at the time of | ||||||
11 | commitment and to be provided with copies of all records | ||||||
12 | regarding the sentence. | ||||||
13 | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | ||||||
14 | defendant who has a previous and unexpired sentence of | ||||||
15 | imprisonment imposed by an Illinois circuit court for a crime | ||||||
16 | in this State and who is subsequently sentenced to a term of | ||||||
17 | imprisonment by another state or by any district court of the | ||||||
18 | United States and who has served a term of imprisonment imposed | ||||||
19 | by the other state or district court of the United States, and | ||||||
20 | must return to serve the unexpired prior sentence imposed by | ||||||
21 | the Illinois circuit court, may apply to the Illinois circuit | ||||||
22 | court that imposed sentence to have his or her sentence | ||||||
23 | reduced. | ||||||
24 | The circuit court may order that any time served on the | ||||||
25 | sentence imposed by the other state or district court of the | ||||||
26 | United States be credited on his or her Illinois sentence. The |
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1 | application for reduction of a sentence under this subsection | ||||||
2 | shall be made within 30 days after the defendant has completed | ||||||
3 | the sentence imposed by the other state or district court of | ||||||
4 | the United States.
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5 | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | ||||||
6 | sentence or disposition that requires the defendant to be | ||||||
7 | implanted or injected with or to use any form of birth control.
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8 | (Source: P.A. 95-1052, eff. 7-1-09 .)
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