Sen. Antonio Muņoz

Filed: 4/12/2013

 

 


 

 


 
09800SB1003sam002LRB098 05245 RLC 44423 a

1
AMENDMENT TO SENATE BILL 1003

2    AMENDMENT NO. ______. Amend Senate Bill 1003 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by
6adding Section 24-11 as follows:
 
7    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
8    Sec. 24-1. Unlawful Use of Weapons.
9    (a) A person commits the offense of unlawful use of weapons
10when he knowingly:
11        (1) Sells, manufactures, purchases, possesses or
12    carries any bludgeon, black-jack, slung-shot, sand-club,
13    sand-bag, metal knuckles or other knuckle weapon
14    regardless of its composition, throwing star, or any knife,
15    commonly referred to as a switchblade knife, which has a
16    blade that opens automatically by hand pressure applied to

 

 

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1    a button, spring or other device in the handle of the
2    knife, or a ballistic knife, which is a device that propels
3    a knifelike blade as a projectile by means of a coil
4    spring, elastic material or compressed gas; or
5        (2) Carries or possesses with intent to use the same
6    unlawfully against another, a dagger, dirk, billy,
7    dangerous knife, razor, stiletto, broken bottle or other
8    piece of glass, stun gun or taser or any other dangerous or
9    deadly weapon or instrument of like character; or
10        (3) Carries on or about his person or in any vehicle, a
11    tear gas gun projector or bomb or any object containing
12    noxious liquid gas or substance, other than an object
13    containing a non-lethal noxious liquid gas or substance
14    designed solely for personal defense carried by a person 18
15    years of age or older; or
16        (4) Carries or possesses in any vehicle or concealed on
17    or about his person except when on his land or in his own
18    abode, legal dwelling, or fixed place of business, or on
19    the land or in the legal dwelling of another person as an
20    invitee with that person's permission, any pistol,
21    revolver, stun gun or taser or other firearm, except that
22    this subsection (a) (4) does not apply to or affect
23    transportation of weapons that meet one of the following
24    conditions:
25            (i) are broken down in a non-functioning state; or
26            (ii) are not immediately accessible; or

 

 

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1            (iii) are unloaded and enclosed in a case, firearm
2        carrying box, shipping box, or other container by a
3        person who has been issued a currently valid Firearm
4        Owner's Identification Card; or
5        (5) Sets a spring gun; or
6        (6) Possesses any device or attachment of any kind
7    designed, used or intended for use in silencing the report
8    of any firearm; or
9        (7) Sells, manufactures, purchases, possesses or
10    carries:
11            (i) a machine gun, which shall be defined for the
12        purposes of this subsection as any weapon, which
13        shoots, is designed to shoot, or can be readily
14        restored to shoot, automatically more than one shot
15        without manually reloading by a single function of the
16        trigger, including the frame or receiver of any such
17        weapon, or sells, manufactures, purchases, possesses,
18        or carries any combination of parts designed or
19        intended for use in converting any weapon into a
20        machine gun, or any combination or parts from which a
21        machine gun can be assembled if such parts are in the
22        possession or under the control of a person;
23            (ii) any rifle having one or more barrels less than
24        16 inches in length or a shotgun having one or more
25        barrels less than 18 inches in length or any weapon
26        made from a rifle or shotgun, whether by alteration,

 

 

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1        modification, or otherwise, if such a weapon as
2        modified has an overall length of less than 26 inches;
3        or
4            (iii) any bomb, bomb-shell, grenade, bottle or
5        other container containing an explosive substance of
6        over one-quarter ounce for like purposes, such as, but
7        not limited to, black powder bombs and Molotov
8        cocktails or artillery projectiles; or
9        (8) Carries or possesses any firearm, stun gun or taser
10    or other deadly weapon in any place which is licensed to
11    sell intoxicating beverages, or at any public gathering
12    held pursuant to a license issued by any governmental body
13    or any public gathering at which an admission is charged,
14    excluding a place where a showing, demonstration or lecture
15    involving the exhibition of unloaded firearms is
16    conducted.
17        This subsection (a)(8) does not apply to any auction or
18    raffle of a firearm held pursuant to a license or permit
19    issued by a governmental body, nor does it apply to persons
20    engaged in firearm safety training courses; or
21        (9) Carries or possesses in a vehicle or on or about
22    his person any pistol, revolver, stun gun or taser or
23    firearm or ballistic knife, when he is hooded, robed or
24    masked in such manner as to conceal his identity; or
25        (10) Carries or possesses on or about his person, upon
26    any public street, alley, or other public lands within the

 

 

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1    corporate limits of a city, village or incorporated town,
2    except when an invitee thereon or therein, for the purpose
3    of the display of such weapon or the lawful commerce in
4    weapons, or except when on his land or in his own abode,
5    legal dwelling, or fixed place of business, or on the land
6    or in the legal dwelling of another person as an invitee
7    with that person's permission, any pistol, revolver, stun
8    gun or taser or other firearm, except that this subsection
9    (a) (10) does not apply to or affect transportation of
10    weapons that meet one of the following conditions:
11            (i) are broken down in a non-functioning state; or
12            (ii) are not immediately accessible; or
13            (iii) are unloaded and enclosed in a case, firearm
14        carrying box, shipping box, or other container by a
15        person who has been issued a currently valid Firearm
16        Owner's Identification Card.
17        A "stun gun or taser", as used in this paragraph (a)
18    means (i) any device which is powered by electrical
19    charging units, such as, batteries, and which fires one or
20    several barbs attached to a length of wire and which, upon
21    hitting a human, can send out a current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning or (ii) any
24    device which is powered by electrical charging units, such
25    as batteries, and which, upon contact with a human or
26    clothing worn by a human, can send out current capable of

 

 

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1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning; or
3        (11) Sells, manufactures or purchases any explosive
4    bullet. For purposes of this paragraph (a) "explosive
5    bullet" means the projectile portion of an ammunition
6    cartridge which contains or carries an explosive charge
7    which will explode upon contact with the flesh of a human
8    or an animal. "Cartridge" means a tubular metal case having
9    a projectile affixed at the front thereof and a cap or
10    primer at the rear end thereof, with the propellant
11    contained in such tube between the projectile and the cap;
12    or
13        (12) (Blank); or
14        (13) Carries or possesses on or about his or her person
15    while in a building occupied by a unit of government, a
16    billy club, other weapon of like character, or other
17    instrument of like character intended for use as a weapon.
18    For the purposes of this Section, "billy club" means a
19    short stick or club commonly carried by police officers
20    which is either telescopic or constructed of a solid piece
21    of wood or other man-made material.
22    (b) Sentence. A person convicted of a violation of
23subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
24subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
25Class A misdemeanor. A person convicted of a violation of
26subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

 

 

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1person convicted of a violation of subsection 24-1(a)(6) or
224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
3convicted of a violation of subsection 24-1(a)(7)(i) commits a
4Class 2 felony and shall be sentenced to a term of imprisonment
5of not less than 3 years and not more than 7 years, unless the
6weapon is possessed in the passenger compartment of a motor
7vehicle as defined in Section 1-146 of the Illinois Vehicle
8Code, or on the person, while the weapon is loaded, in which
9case it shall be a Class X felony. A person convicted of a
10second or subsequent violation of subsection 24-1(a)(4),
1124-1(a)(8) or , 24-1(a)(9), or 24-1(a)(10) commits a Class 3
12felony. A person convicted of a second or subsequent violation
13of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3
14felony and shall be sentenced to a term of imprisonment of not
15less than 3 years and not more than 10 years. The possession of
16each weapon in violation of this Section constitutes a single
17and separate violation.
18    (c) Violations in specific places.
19        (1) A person who violates subsection 24-1(a)(6) or
20    24-1(a)(7) in any school, regardless of the time of day or
21    the time of year, in residential property owned, operated
22    or managed by a public housing agency or leased by a public
23    housing agency as part of a scattered site or mixed-income
24    development, in a public park, in a courthouse, on the real
25    property comprising any school, regardless of the time of
26    day or the time of year, on residential property owned,

 

 

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1    operated or managed by a public housing agency or leased by
2    a public housing agency as part of a scattered site or
3    mixed-income development, on the real property comprising
4    any public park, on the real property comprising any
5    courthouse, in any conveyance owned, leased or contracted
6    by a school to transport students to or from school or a
7    school related activity, in any conveyance owned, leased,
8    or contracted by a public transportation agency, or on any
9    public way within 1,000 feet of the real property
10    comprising any school, public park, courthouse, public
11    transportation facility, or residential property owned,
12    operated, or managed by a public housing agency or leased
13    by a public housing agency as part of a scattered site or
14    mixed-income development commits a Class 2 felony and shall
15    be sentenced to a term of imprisonment of not less than 3
16    years and not more than 7 years.
17        (1.5) A person who violates subsection 24-1(a)(4),
18    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
19    time of day or the time of year, in residential property
20    owned, operated, or managed by a public housing agency or
21    leased by a public housing agency as part of a scattered
22    site or mixed-income development, in a public park, in a
23    courthouse, on the real property comprising any school,
24    regardless of the time of day or the time of year, on
25    residential property owned, operated, or managed by a
26    public housing agency or leased by a public housing agency

 

 

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1    as part of a scattered site or mixed-income development, on
2    the real property comprising any public park, on the real
3    property comprising any courthouse, in any conveyance
4    owned, leased, or contracted by a school to transport
5    students to or from school or a school related activity, in
6    any conveyance owned, leased, or contracted by a public
7    transportation agency, or on any public way within 1,000
8    feet of the real property comprising any school, public
9    park, courthouse, public transportation facility, or
10    residential property owned, operated, or managed by a
11    public housing agency or leased by a public housing agency
12    as part of a scattered site or mixed-income development
13    commits a Class 3 felony.
14        (2) A person who violates subsection 24-1(a)(1),
15    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
16    time of day or the time of year, in residential property
17    owned, operated or managed by a public housing agency or
18    leased by a public housing agency as part of a scattered
19    site or mixed-income development, in a public park, in a
20    courthouse, on the real property comprising any school,
21    regardless of the time of day or the time of year, on
22    residential property owned, operated or managed by a public
23    housing agency or leased by a public housing agency as part
24    of a scattered site or mixed-income development, on the
25    real property comprising any public park, on the real
26    property comprising any courthouse, in any conveyance

 

 

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1    owned, leased or contracted by a school to transport
2    students to or from school or a school related activity, in
3    any conveyance owned, leased, or contracted by a public
4    transportation agency, or on any public way within 1,000
5    feet of the real property comprising any school, public
6    park, courthouse, public transportation facility, or
7    residential property owned, operated, or managed by a
8    public housing agency or leased by a public housing agency
9    as part of a scattered site or mixed-income development
10    commits a Class 4 felony. "Courthouse" means any building
11    that is used by the Circuit, Appellate, or Supreme Court of
12    this State for the conduct of official business.
13        (3) Paragraphs (1), (1.5), and (2) of this subsection
14    (c) shall not apply to law enforcement officers or security
15    officers of such school, college, or university or to
16    students carrying or possessing firearms for use in
17    training courses, parades, hunting, target shooting on
18    school ranges, or otherwise with the consent of school
19    authorities and which firearms are transported unloaded
20    enclosed in a suitable case, box, or transportation
21    package.
22        (4) For the purposes of this subsection (c), "school"
23    means any public or private elementary or secondary school,
24    community college, college, or university.
25        (5) For the purposes of this subsection (c), "public
26    transportation agency" means a public or private agency

 

 

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1    that provides for the transportation or conveyance of
2    persons by means available to the general public, except
3    for transportation by automobiles not used for conveyance
4    of the general public as passengers; and "public
5    transportation facility" means a terminal or other place
6    where one may obtain public transportation.
7    (d) The presence in an automobile other than a public
8omnibus of any weapon, instrument or substance referred to in
9subsection (a)(7) is prima facie evidence that it is in the
10possession of, and is being carried by, all persons occupying
11such automobile at the time such weapon, instrument or
12substance is found, except under the following circumstances:
13(i) if such weapon, instrument or instrumentality is found upon
14the person of one of the occupants therein; or (ii) if such
15weapon, instrument or substance is found in an automobile
16operated for hire by a duly licensed driver in the due, lawful
17and proper pursuit of his trade, then such presumption shall
18not apply to the driver.
19    (e) Exemptions. Crossbows, Common or Compound bows and
20Underwater Spearguns are exempted from the definition of
21ballistic knife as defined in paragraph (1) of subsection (a)
22of this Section.
23(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
2495-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
2596-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 

 

 

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1    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
2    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
3Felons or Persons in the Custody of the Department of
4Corrections Facilities.
5    (a) It is unlawful for a person to knowingly possess on or
6about his person or on his land or in his own abode or fixed
7place of business any weapon prohibited under Section 24-1 of
8this Act or any firearm or any firearm ammunition if the person
9has been convicted of a felony under the laws of this State or
10any other jurisdiction. This Section shall not apply if the
11person has been granted relief by the Director of the
12Department of State Police under Section 10 of the Firearm
13Owners Identification Card Act.
14    (b) It is unlawful for any person confined in a penal
15institution, which is a facility of the Illinois Department of
16Corrections, to possess any weapon prohibited under Section
1724-1 of this Code or any firearm or firearm ammunition,
18regardless of the intent with which he possesses it.
19    (c) It shall be an affirmative defense to a violation of
20subsection (b), that such possession was specifically
21authorized by rule, regulation, or directive of the Illinois
22Department of Corrections or order issued pursuant thereto.
23    (d) The defense of necessity is not available to a person
24who is charged with a violation of subsection (b) of this
25Section.
26    (e) Sentence. Violation of this Section by a person not

 

 

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1confined in a penal institution shall be a Class 3 felony for
2which the person shall be sentenced to no less than 4 2 years
3and no more than 10 years and any second or subsequent
4violation shall be a Class 2 felony for which the person shall
5be sentenced to a term of imprisonment of not less than 5 3
6years and not more than 14 years. Violation of this Section by
7a person not confined in a penal institution who has been
8convicted of a forcible felony, a felony violation of Article
924 of this Code or of the Firearm Owners Identification Card
10Act, stalking or aggravated stalking, or a Class 2 or greater
11felony under the Illinois Controlled Substances Act, the
12Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act is a Class 2 felony for which the
14person shall be sentenced to not less than 3 years and not more
15than 14 years. Violation of this Section by a person who is on
16parole or mandatory supervised release is a Class 2 felony for
17which the person shall be sentenced to not less than 5 3 years
18and not more than 14 years. Violation of this Section by a
19person not confined in a penal institution is a Class X felony
20when the firearm possessed is a machine gun. Any person who
21violates this Section while confined in a penal institution,
22which is a facility of the Illinois Department of Corrections,
23is guilty of a Class 1 felony, if he possesses any weapon
24prohibited under Section 24-1 of this Code regardless of the
25intent with which he possesses it, a Class X felony if he
26possesses any firearm, firearm ammunition or explosive, and a

 

 

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1Class X felony for which the offender shall be sentenced to not
2less than 12 years and not more than 50 years when the firearm
3possessed is a machine gun. A violation of this Section while
4wearing or in possession of body armor as defined in Section
533F-1 is a Class X felony punishable by a term of imprisonment
6of not less than 10 years and not more than 40 years. The
7possession of each firearm or firearm ammunition in violation
8of this Section constitutes a single and separate violation.
9(Source: P.A. 97-237, eff. 1-1-12.)
 
10    (720 ILCS 5/24-1.6)
11    Sec. 24-1.6. Aggravated unlawful use of a weapon.
12    (a) A person commits the offense of aggravated unlawful use
13of a weapon when he or she knowingly:
14        (1) Carries on or about his or her person or in any
15    vehicle or concealed on or about his or her person except
16    when on his or her land or in his or her abode, legal
17    dwelling, or fixed place of business, or on the land or in
18    the legal dwelling of another person as an invitee with
19    that person's permission, any pistol, revolver, stun gun or
20    taser or other firearm; or
21        (2) Carries or possesses on or about his or her person,
22    upon any public street, alley, or other public lands within
23    the corporate limits of a city, village or incorporated
24    town, except when an invitee thereon or therein, for the
25    purpose of the display of such weapon or the lawful

 

 

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1    commerce in weapons, or except when on his or her own land
2    or in his or her own abode, legal dwelling, or fixed place
3    of business, or on the land or in the legal dwelling of
4    another person as an invitee with that person's permission,
5    any pistol, revolver, stun gun or taser or other firearm;
6    and
7        (3) One of the following factors is present:
8            (A) the firearm possessed was uncased, loaded and
9        immediately accessible at the time of the offense; or
10            (B) the firearm possessed was uncased, unloaded
11        and the ammunition for the weapon was immediately
12        accessible at the time of the offense; or
13            (C) the person possessing the firearm has not been
14        issued a currently valid Firearm Owner's
15        Identification Card; or
16            (D) the person possessing the weapon was
17        previously adjudicated a delinquent minor under the
18        Juvenile Court Act of 1987 for an act that if committed
19        by an adult would be a felony; or
20            (E) the person possessing the weapon was engaged in
21        a misdemeanor violation of the Cannabis Control Act, in
22        a misdemeanor violation of the Illinois Controlled
23        Substances Act, or in a misdemeanor violation of the
24        Methamphetamine Control and Community Protection Act;
25        or
26            (F) (blank); or

 

 

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1            (G) the person possessing the weapon had a order of
2        protection issued against him or her within the
3        previous 2 years; or
4            (H) the person possessing the weapon was engaged in
5        the commission or attempted commission of a
6        misdemeanor involving the use or threat of violence
7        against the person or property of another; or
8            (I) the person possessing the weapon was under 21
9        years of age and in possession of a handgun as defined
10        in Section 24-3, unless the person under 21 is engaged
11        in lawful activities under the Wildlife Code or
12        described in subsection 24-2(b)(1), (b)(3), or
13        24-2(f).
14    (b) "Stun gun or taser" as used in this Section has the
15same definition given to it in Section 24-1 of this Code.
16    (c) This Section does not apply to or affect the
17transportation or possession of weapons that:
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.
24    (c-1) For the purposes of this Section, a currently valid
25Firearm Owner's Identification Card includes any card which has
26not been revoked by the Department of State Police and expired

 

 

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1not more than 90 days before the commission of the act of
2carrying or possessing the firearm.
3    (c-5) Affirmative defense. It is an affirmative defense to
4the offense under item (C) of paragraph (3) of subsection (a)
5of this Section that the defendant has, prior to the commission
6of the offense, submitted a Firearm Owner's Identification Card
7renewal application to the Department of State Police and the
8defendant is otherwise eligible for a Firearm Owner's
9Identification Card.
10    (d) Sentence.
11         (1) Aggravated unlawful use of a weapon is a Class 4
12    felony; a second or subsequent offense is a Class 2 felony
13    for which the person shall be sentenced to a term of
14    imprisonment of not less than 4 3 years and not more than
15    10 7 years.
16        (2) Except as otherwise provided in paragraphs (3) and
17    (4) of this subsection (d), a first offense of aggravated
18    unlawful use of a weapon committed with a firearm by a
19    person 18 years of age or older where the factors listed in
20    either both items (A) or (B) and (C) of paragraph (3) of
21    subsection (a) are present is a Class 3 4 felony, for which
22    the person shall be sentenced to a term of imprisonment of
23    not less than one year and not more than 3 years and not
24    more than 7 years.
25        (3) Aggravated unlawful use of a weapon by a person who
26    has been previously convicted of a felony in this State or

 

 

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1    another jurisdiction is a Class 2 felony for which the
2    person shall be sentenced to a term of imprisonment of not
3    less than 5 3 years and not more than 10 7 years.
4        (4) Aggravated unlawful use of a weapon while wearing
5    or in possession of body armor as defined in Section 33F-1
6    by a person who has not been issued a valid Firearms
7    Owner's Identification Card in accordance with Section 5 of
8    the Firearm Owners Identification Card Act is a Class X
9    felony.
10    (e) The possession of each firearm in violation of this
11Section constitutes a single and separate violation.
12(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
1396-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
14    (720 ILCS 5/24-1.8)
15    Sec. 24-1.8. Unlawful possession of a firearm by a street
16gang member.
17    (a) A person commits unlawful possession of a firearm by a
18street gang member when he or she knowingly:
19        (1) possesses, carries, or conceals on or about his or
20    her person a firearm and firearm ammunition while on any
21    street, road, alley, gangway, sidewalk, or any other lands,
22    except when inside his or her own abode or inside his or
23    her fixed place of business, and has not been issued a
24    currently valid Firearm Owner's Identification Card and is
25    a member of a street gang; or

 

 

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1        (2) possesses or carries in any vehicle a firearm and
2    firearm ammunition which are both immediately accessible
3    at the time of the offense while on any street, road,
4    alley, or any other lands, except when inside his or her
5    own abode or garage, and has not been issued a currently
6    valid Firearm Owner's Identification Card and is a member
7    of a street gang.
8    (b) Unlawful possession of a firearm by a street gang
9member is a Class 2 felony for which the person, if sentenced
10to a term of imprisonment, shall be sentenced to no less than 4
113 years and no more than 10 years. A period of probation, a
12term of periodic imprisonment or conditional discharge shall
13not be imposed for the offense of unlawful possession of a
14firearm by a street gang member when the firearm was loaded or
15contained firearm ammunition and the court shall sentence the
16offender to not less than the minimum term of imprisonment
17authorized for the Class 2 felony.
18    (c) For purposes of this Section:
19        "Street gang" or "gang" has the meaning ascribed to it
20    in Section 10 of the Illinois Streetgang Terrorism Omnibus
21    Prevention Act.
22        "Street gang member" or "gang member" has the meaning
23    ascribed to it in Section 10 of the Illinois Streetgang
24    Terrorism Omnibus Prevention Act.
25(Source: P.A. 96-829, eff. 12-3-09.)
 

 

 

09800SB1003sam002- 20 -LRB098 05245 RLC 44423 a

1    (720 ILCS 5/24-11 new)
2    Sec. 24-11. Deadly weapons dispositions; report. Each
3circuit court shall transmit to every local law enforcement
4agency located within the circuit, on a quarterly basis, the
5disposition of all cases involving violations of this Article
624 within the previous quarter.
 
7    Section 10. The Unified Code of Corrections is amended by
8changing Sections 3-6-3 and 5-5-3 as follows:
 
9    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
10    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
11        (a) (1) The Department of Corrections shall prescribe
12    rules and regulations for awarding and revoking sentence
13    credit for persons committed to the Department which shall
14    be subject to review by the Prisoner Review Board.
15        (1.5) As otherwise provided by law, sentence credit may
16    be awarded for the following:
17            (A) successful completion of programming while in
18        custody of the Department or while in custody prior to
19        sentencing;
20            (B) compliance with the rules and regulations of
21        the Department; or
22            (C) service to the institution, service to a
23        community, or service to the State.
24        (2) The rules and regulations on sentence credit shall

 

 

09800SB1003sam002- 21 -LRB098 05245 RLC 44423 a

1    provide, with respect to offenses listed in clause (i),
2    (ii), or (iii) of this paragraph (2) committed on or after
3    June 19, 1998 or with respect to the offense listed in
4    clause (iv) of this paragraph (2) committed on or after
5    June 23, 2005 (the effective date of Public Act 94-71) or
6    with respect to offense listed in clause (vi) committed on
7    or after June 1, 2008 (the effective date of Public Act
8    95-625) or with respect to the offense of being an armed
9    habitual criminal committed on or after August 2, 2005 (the
10    effective date of Public Act 94-398) or with respect to the
11    offenses listed in clause (v) of this paragraph (2)
12    committed on or after August 13, 2007 (the effective date
13    of Public Act 95-134) or with respect to the offense of
14    aggravated domestic battery committed on or after July 23,
15    2010 (the effective date of Public Act 96-1224) or with
16    respect to the offense of attempt to commit terrorism
17    committed on or after January 1, 2013 (the effective date
18    of Public Act 97-990) or with respect to offenses listed in
19    clause (viii) committed on or after the effective date of
20    this amendatory Act of the 98th General Assembly, the
21    following:
22            (i) that a prisoner who is serving a term of
23        imprisonment for first degree murder or for the offense
24        of terrorism shall receive no sentence credit and shall
25        serve the entire sentence imposed by the court;
26            (ii) that a prisoner serving a sentence for attempt

 

 

09800SB1003sam002- 22 -LRB098 05245 RLC 44423 a

1        to commit terrorism, attempt to commit first degree
2        murder, solicitation of murder, solicitation of murder
3        for hire, intentional homicide of an unborn child,
4        predatory criminal sexual assault of a child,
5        aggravated criminal sexual assault, criminal sexual
6        assault, aggravated kidnapping, aggravated battery
7        with a firearm as described in Section 12-4.2 or
8        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
9        Section 12-3.05, heinous battery as described in
10        Section 12-4.1 or subdivision (a)(2) of Section
11        12-3.05, being an armed habitual criminal, aggravated
12        battery of a senior citizen as described in Section
13        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
14        aggravated battery of a child as described in Section
15        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
16        receive no more than 4.5 days of sentence credit for
17        each month of his or her sentence of imprisonment;
18            (iii) that a prisoner serving a sentence for home
19        invasion, armed robbery, aggravated vehicular
20        hijacking, aggravated discharge of a firearm, or armed
21        violence with a category I weapon or category II
22        weapon, when the court has made and entered a finding,
23        pursuant to subsection (c-1) of Section 5-4-1 of this
24        Code, that the conduct leading to conviction for the
25        enumerated offense resulted in great bodily harm to a
26        victim, shall receive no more than 4.5 days of sentence

 

 

09800SB1003sam002- 23 -LRB098 05245 RLC 44423 a

1        credit for each month of his or her sentence of
2        imprisonment;
3            (iv) that a prisoner serving a sentence for
4        aggravated discharge of a firearm, whether or not the
5        conduct leading to conviction for the offense resulted
6        in great bodily harm to the victim, shall receive no
7        more than 4.5 days of sentence credit for each month of
8        his or her sentence of imprisonment;
9            (v) that a person serving a sentence for
10        gunrunning, narcotics racketeering, controlled
11        substance trafficking, methamphetamine trafficking,
12        drug-induced homicide, aggravated
13        methamphetamine-related child endangerment, money
14        laundering pursuant to clause (c) (4) or (5) of Section
15        29B-1 of the Criminal Code of 1961 or the Criminal Code
16        of 2012, or a Class X felony conviction for delivery of
17        a controlled substance, possession of a controlled
18        substance with intent to manufacture or deliver,
19        calculated criminal drug conspiracy, criminal drug
20        conspiracy, street gang criminal drug conspiracy,
21        participation in methamphetamine manufacturing,
22        aggravated participation in methamphetamine
23        manufacturing, delivery of methamphetamine, possession
24        with intent to deliver methamphetamine, aggravated
25        delivery of methamphetamine, aggravated possession
26        with intent to deliver methamphetamine,

 

 

09800SB1003sam002- 24 -LRB098 05245 RLC 44423 a

1        methamphetamine conspiracy when the substance
2        containing the controlled substance or methamphetamine
3        is 100 grams or more shall receive no more than 7.5
4        days sentence credit for each month of his or her
5        sentence of imprisonment;
6            (vi) that a prisoner serving a sentence for a
7        second or subsequent offense of luring a minor shall
8        receive no more than 4.5 days of sentence credit for
9        each month of his or her sentence of imprisonment; and
10            (vii) that a prisoner serving a sentence for
11        aggravated domestic battery shall receive no more than
12        4.5 days of sentence credit for each month of his or
13        her sentence of imprisonment; and
14            (viii) that a prisoner serving a sentence for a
15        violation of Section 24-1.1, 24-1.6, or 24-1.8 or
16        subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal
17        Code of 2012 shall receive no more than 4.5 days of
18        sentence credit for each month of his or her sentence
19        of imprisonment.
20        (2.1) For all offenses, other than those enumerated in
21    subdivision (a)(2)(i), (ii), or (iii) committed on or after
22    June 19, 1998 or subdivision (a)(2)(iv) committed on or
23    after June 23, 2005 (the effective date of Public Act
24    94-71) or subdivision (a)(2)(v) committed on or after
25    August 13, 2007 (the effective date of Public Act 95-134)
26    or subdivision (a)(2)(vi) committed on or after June 1,

 

 

09800SB1003sam002- 25 -LRB098 05245 RLC 44423 a

1    2008 (the effective date of Public Act 95-625) or
2    subdivision (a)(2)(vii) committed on or after July 23, 2010
3    (the effective date of Public Act 96-1224), and other than
4    the offense of aggravated driving under the influence of
5    alcohol, other drug or drugs, or intoxicating compound or
6    compounds, or any combination thereof as defined in
7    subparagraph (F) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code, and other than
9    the offense of aggravated driving under the influence of
10    alcohol, other drug or drugs, or intoxicating compound or
11    compounds, or any combination thereof as defined in
12    subparagraph (C) of paragraph (1) of subsection (d) of
13    Section 11-501 of the Illinois Vehicle Code committed on or
14    after January 1, 2011 (the effective date of Public Act
15    96-1230), the rules and regulations shall provide that a
16    prisoner who is serving a term of imprisonment shall
17    receive one day of sentence credit for each day of his or
18    her sentence of imprisonment or recommitment under Section
19    3-3-9. Each day of sentence credit shall reduce by one day
20    the prisoner's period of imprisonment or recommitment
21    under Section 3-3-9.
22        (2.2) A prisoner serving a term of natural life
23    imprisonment or a prisoner who has been sentenced to death
24    shall receive no sentence credit.
25        (2.3) The rules and regulations on sentence credit
26    shall provide that a prisoner who is serving a sentence for

 

 

09800SB1003sam002- 26 -LRB098 05245 RLC 44423 a

1    aggravated driving under the influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds, or
3    any combination thereof as defined in subparagraph (F) of
4    paragraph (1) of subsection (d) of Section 11-501 of the
5    Illinois Vehicle Code, shall receive no more than 4.5 days
6    of sentence credit for each month of his or her sentence of
7    imprisonment.
8        (2.4) The rules and regulations on sentence credit
9    shall provide with respect to the offenses of aggravated
10    battery with a machine gun or a firearm equipped with any
11    device or attachment designed or used for silencing the
12    report of a firearm or aggravated discharge of a machine
13    gun or a firearm equipped with any device or attachment
14    designed or used for silencing the report of a firearm,
15    committed on or after July 15, 1999 (the effective date of
16    Public Act 91-121), that a prisoner serving a sentence for
17    any of these offenses shall receive no more than 4.5 days
18    of sentence credit for each month of his or her sentence of
19    imprisonment.
20        (2.5) The rules and regulations on sentence credit
21    shall provide that a prisoner who is serving a sentence for
22    aggravated arson committed on or after July 27, 2001 (the
23    effective date of Public Act 92-176) shall receive no more
24    than 4.5 days of sentence credit for each month of his or
25    her sentence of imprisonment.
26        (2.6) The rules and regulations on sentence credit

 

 

09800SB1003sam002- 27 -LRB098 05245 RLC 44423 a

1    shall provide that a prisoner who is serving a sentence for
2    aggravated driving under the influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds or any
4    combination thereof as defined in subparagraph (C) of
5    paragraph (1) of subsection (d) of Section 11-501 of the
6    Illinois Vehicle Code committed on or after January 1, 2011
7    (the effective date of Public Act 96-1230) shall receive no
8    more than 4.5 days of sentence credit for each month of his
9    or her sentence of imprisonment.
10        (3) The rules and regulations shall also provide that
11    the Director may award up to 180 days additional sentence
12    credit for good conduct in specific instances as the
13    Director deems proper. The good conduct may include, but is
14    not limited to, compliance with the rules and regulations
15    of the Department, service to the Department, service to a
16    community, or service to the State. However, the Director
17    shall not award more than 90 days of sentence credit for
18    good conduct to any prisoner who is serving a sentence for
19    conviction of first degree murder, reckless homicide while
20    under the influence of alcohol or any other drug, or
21    aggravated driving under the influence of alcohol, other
22    drug or drugs, or intoxicating compound or compounds, or
23    any combination thereof as defined in subparagraph (F) of
24    paragraph (1) of subsection (d) of Section 11-501 of the
25    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
26    predatory criminal sexual assault of a child, aggravated

 

 

09800SB1003sam002- 28 -LRB098 05245 RLC 44423 a

1    criminal sexual assault, criminal sexual assault, deviate
2    sexual assault, aggravated criminal sexual abuse,
3    aggravated indecent liberties with a child, indecent
4    liberties with a child, child pornography, heinous battery
5    as described in Section 12-4.1 or subdivision (a)(2) of
6    Section 12-3.05, aggravated battery of a spouse,
7    aggravated battery of a spouse with a firearm, stalking,
8    aggravated stalking, aggravated battery of a child as
9    described in Section 12-4.3 or subdivision (b)(1) of
10    Section 12-3.05, endangering the life or health of a child,
11    or cruelty to a child. Notwithstanding the foregoing,
12    sentence credit for good conduct shall not be awarded on a
13    sentence of imprisonment imposed for conviction of: (i) one
14    of the offenses enumerated in subdivision (a)(2)(i), (ii),
15    or (iii) when the offense is committed on or after June 19,
16    1998 or subdivision (a)(2)(iv) when the offense is
17    committed on or after June 23, 2005 (the effective date of
18    Public Act 94-71) or subdivision (a)(2)(v) when the offense
19    is committed on or after August 13, 2007 (the effective
20    date of Public Act 95-134) or subdivision (a)(2)(vi) when
21    the offense is committed on or after June 1, 2008 (the
22    effective date of Public Act 95-625) or subdivision
23    (a)(2)(vii) when the offense is committed on or after July
24    23, 2010 (the effective date of Public Act 96-1224), (ii)
25    aggravated driving under the influence of alcohol, other
26    drug or drugs, or intoxicating compound or compounds, or

 

 

09800SB1003sam002- 29 -LRB098 05245 RLC 44423 a

1    any combination thereof as defined in subparagraph (F) of
2    paragraph (1) of subsection (d) of Section 11-501 of the
3    Illinois Vehicle Code, (iii) one of the offenses enumerated
4    in subdivision (a)(2.4) when the offense is committed on or
5    after July 15, 1999 (the effective date of Public Act
6    91-121), (iv) aggravated arson when the offense is
7    committed on or after July 27, 2001 (the effective date of
8    Public Act 92-176), (v) offenses that may subject the
9    offender to commitment under the Sexually Violent Persons
10    Commitment Act, or (vi) aggravated driving under the
11    influence of alcohol, other drug or drugs, or intoxicating
12    compound or compounds or any combination thereof as defined
13    in subparagraph (C) of paragraph (1) of subsection (d) of
14    Section 11-501 of the Illinois Vehicle Code committed on or
15    after January 1, 2011 (the effective date of Public Act
16    96-1230).
17    Eligible inmates for an award of sentence credit under this
18paragraph (3) may be selected to receive the credit at the
19Director's or his or her designee's sole discretion.
20Consideration may be based on, but not limited to, any
21available risk assessment analysis on the inmate, any history
22of conviction for violent crimes as defined by the Rights of
23Crime Victims and Witnesses Act, facts and circumstances of the
24inmate's holding offense or offenses, and the potential for
25rehabilitation.
26    The Director shall not award sentence credit under this

 

 

09800SB1003sam002- 30 -LRB098 05245 RLC 44423 a

1paragraph (3) to an inmate unless the inmate has served a
2minimum of 60 days of the sentence; except nothing in this
3paragraph shall be construed to permit the Director to extend
4an inmate's sentence beyond that which was imposed by the
5court. Prior to awarding credit under this paragraph (3), the
6Director shall make a written determination that the inmate:
7            (A) is eligible for the sentence credit;
8            (B) has served a minimum of 60 days, or as close to
9        60 days as the sentence will allow; and
10            (C) has met the eligibility criteria established
11        by rule.
12        The Director shall determine the form and content of
13    the written determination required in this subsection.
14        (3.5) The Department shall provide annual written
15    reports to the Governor and the General Assembly on the
16    award of sentence credit for good conduct, with the first
17    report due January 1, 2014. The Department must publish
18    both reports on its website within 48 hours of transmitting
19    the reports to the Governor and the General Assembly. The
20    reports must include:
21            (A) the number of inmates awarded sentence credit
22        for good conduct;
23            (B) the average amount of sentence credit for good
24        conduct awarded;
25            (C) the holding offenses of inmates awarded
26        sentence credit for good conduct; and

 

 

09800SB1003sam002- 31 -LRB098 05245 RLC 44423 a

1            (D) the number of sentence credit for good conduct
2        revocations.
3        (4) The rules and regulations shall also provide that
4    the sentence credit accumulated and retained under
5    paragraph (2.1) of subsection (a) of this Section by any
6    inmate during specific periods of time in which such inmate
7    is engaged full-time in substance abuse programs,
8    correctional industry assignments, educational programs,
9    behavior modification programs, life skills courses, or
10    re-entry planning provided by the Department under this
11    paragraph (4) and satisfactorily completes the assigned
12    program as determined by the standards of the Department,
13    shall be multiplied by a factor of 1.25 for program
14    participation before August 11, 1993 and 1.50 for program
15    participation on or after that date. The rules and
16    regulations shall also provide that sentence credit,
17    subject to the same offense limits and multiplier provided
18    in this paragraph, may be provided to an inmate who was
19    held in pre-trial detention prior to his or her current
20    commitment to the Department of Corrections and
21    successfully completed a full-time, 60-day or longer
22    substance abuse program, educational program, behavior
23    modification program, life skills course, or re-entry
24    planning provided by the county department of corrections
25    or county jail. Calculation of this county program credit
26    shall be done at sentencing as provided in Section

 

 

09800SB1003sam002- 32 -LRB098 05245 RLC 44423 a

1    5-4.5-100 of this Code and shall be included in the
2    sentencing order. However, no inmate shall be eligible for
3    the additional sentence credit under this paragraph (4) or
4    (4.1) of this subsection (a) while assigned to a boot camp
5    or electronic detention, or if convicted of an offense
6    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
7    Section that is committed on or after June 19, 1998 or
8    subdivision (a)(2)(iv) of this Section that is committed on
9    or after June 23, 2005 (the effective date of Public Act
10    94-71) or subdivision (a)(2)(v) of this Section that is
11    committed on or after August 13, 2007 (the effective date
12    of Public Act 95-134) or subdivision (a)(2)(vi) when the
13    offense is committed on or after June 1, 2008 (the
14    effective date of Public Act 95-625) or subdivision
15    (a)(2)(vii) when the offense is committed on or after July
16    23, 2010 (the effective date of Public Act 96-1224), or if
17    convicted of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds or any combination thereof as defined in
20    subparagraph (F) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code, or if
22    convicted of aggravated driving under the influence of
23    alcohol, other drug or drugs, or intoxicating compound or
24    compounds or any combination thereof as defined in
25    subparagraph (C) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code committed on or

 

 

09800SB1003sam002- 33 -LRB098 05245 RLC 44423 a

1    after January 1, 2011 (the effective date of Public Act
2    96-1230), or if convicted of an offense enumerated in
3    paragraph (a)(2.4) of this Section that is committed on or
4    after July 15, 1999 (the effective date of Public Act
5    91-121), or first degree murder, a Class X felony, criminal
6    sexual assault, felony criminal sexual abuse, aggravated
7    criminal sexual abuse, aggravated battery with a firearm as
8    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
9    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
10    successor offenses with the same or substantially the same
11    elements, or any inchoate offenses relating to the
12    foregoing offenses. No inmate shall be eligible for the
13    additional good conduct credit under this paragraph (4) who
14    (i) has previously received increased good conduct credit
15    under this paragraph (4) and has subsequently been
16    convicted of a felony, or (ii) has previously served more
17    than one prior sentence of imprisonment for a felony in an
18    adult correctional facility.
19        Educational, vocational, substance abuse, behavior
20    modification programs, life skills courses, re-entry
21    planning, and correctional industry programs under which
22    sentence credit may be increased under this paragraph (4)
23    and paragraph (4.1) of this subsection (a) shall be
24    evaluated by the Department on the basis of documented
25    standards. The Department shall report the results of these
26    evaluations to the Governor and the General Assembly by

 

 

09800SB1003sam002- 34 -LRB098 05245 RLC 44423 a

1    September 30th of each year. The reports shall include data
2    relating to the recidivism rate among program
3    participants.
4        Availability of these programs shall be subject to the
5    limits of fiscal resources appropriated by the General
6    Assembly for these purposes. Eligible inmates who are
7    denied immediate admission shall be placed on a waiting
8    list under criteria established by the Department. The
9    inability of any inmate to become engaged in any such
10    programs by reason of insufficient program resources or for
11    any other reason established under the rules and
12    regulations of the Department shall not be deemed a cause
13    of action under which the Department or any employee or
14    agent of the Department shall be liable for damages to the
15    inmate.
16        (4.1) The rules and regulations shall also provide that
17    an additional 60 days of sentence credit shall be awarded
18    to any prisoner who passes the high school level Test of
19    General Educational Development (GED) while the prisoner
20    is committed to the Department of Corrections. The sentence
21    credit awarded under this paragraph (4.1) shall be in
22    addition to, and shall not affect, the award of sentence
23    credit under any other paragraph of this Section, but shall
24    also be pursuant to the guidelines and restrictions set
25    forth in paragraph (4) of subsection (a) of this Section.
26    The sentence credit provided for in this paragraph shall be

 

 

09800SB1003sam002- 35 -LRB098 05245 RLC 44423 a

1    available only to those prisoners who have not previously
2    earned a high school diploma or a GED. If, after an award
3    of the GED sentence credit has been made and the Department
4    determines that the prisoner was not eligible, then the
5    award shall be revoked. The Department may also award 60
6    days of sentence credit to any committed person who passed
7    the high school level Test of General Educational
8    Development (GED) while he or she was held in pre-trial
9    detention prior to the current commitment to the Department
10    of Corrections.
11        (4.5) The rules and regulations on sentence credit
12    shall also provide that when the court's sentencing order
13    recommends a prisoner for substance abuse treatment and the
14    crime was committed on or after September 1, 2003 (the
15    effective date of Public Act 93-354), the prisoner shall
16    receive no sentence credit awarded under clause (3) of this
17    subsection (a) unless he or she participates in and
18    completes a substance abuse treatment program. The
19    Director may waive the requirement to participate in or
20    complete a substance abuse treatment program and award the
21    sentence credit in specific instances if the prisoner is
22    not a good candidate for a substance abuse treatment
23    program for medical, programming, or operational reasons.
24    Availability of substance abuse treatment shall be subject
25    to the limits of fiscal resources appropriated by the
26    General Assembly for these purposes. If treatment is not

 

 

09800SB1003sam002- 36 -LRB098 05245 RLC 44423 a

1    available and the requirement to participate and complete
2    the treatment has not been waived by the Director, the
3    prisoner shall be placed on a waiting list under criteria
4    established by the Department. The Director may allow a
5    prisoner placed on a waiting list to participate in and
6    complete a substance abuse education class or attend
7    substance abuse self-help meetings in lieu of a substance
8    abuse treatment program. A prisoner on a waiting list who
9    is not placed in a substance abuse program prior to release
10    may be eligible for a waiver and receive sentence credit
11    under clause (3) of this subsection (a) at the discretion
12    of the Director.
13        (4.6) The rules and regulations on sentence credit
14    shall also provide that a prisoner who has been convicted
15    of a sex offense as defined in Section 2 of the Sex
16    Offender Registration Act shall receive no sentence credit
17    unless he or she either has successfully completed or is
18    participating in sex offender treatment as defined by the
19    Sex Offender Management Board. However, prisoners who are
20    waiting to receive treatment, but who are unable to do so
21    due solely to the lack of resources on the part of the
22    Department, may, at the Director's sole discretion, be
23    awarded sentence credit at a rate as the Director shall
24    determine.
25        (5) Whenever the Department is to release any inmate
26    earlier than it otherwise would because of a grant of

 

 

09800SB1003sam002- 37 -LRB098 05245 RLC 44423 a

1    sentence credit for good conduct under paragraph (3) of
2    subsection (a) of this Section given at any time during the
3    term, the Department shall give reasonable notice of the
4    impending release not less than 14 days prior to the date
5    of the release to the State's Attorney of the county where
6    the prosecution of the inmate took place, and if
7    applicable, the State's Attorney of the county into which
8    the inmate will be released. The Department must also make
9    identification information and a recent photo of the inmate
10    being released accessible on the Internet by means of a
11    hyperlink labeled "Community Notification of Inmate Early
12    Release" on the Department's World Wide Web homepage. The
13    identification information shall include the inmate's:
14    name, any known alias, date of birth, physical
15    characteristics, residence address, commitment offense and
16    county where conviction was imposed. The identification
17    information shall be placed on the website within 3 days of
18    the inmate's release and the information may not be removed
19    until either: completion of the first year of mandatory
20    supervised release or return of the inmate to custody of
21    the Department.
22    (b) Whenever a person is or has been committed under
23several convictions, with separate sentences, the sentences
24shall be construed under Section 5-8-4 in granting and
25forfeiting of sentence credit.
26    (c) The Department shall prescribe rules and regulations

 

 

09800SB1003sam002- 38 -LRB098 05245 RLC 44423 a

1for revoking sentence credit, including revoking sentence
2credit awarded for good conduct under paragraph (3) of
3subsection (a) of this Section. The Department shall prescribe
4rules and regulations for suspending or reducing the rate of
5accumulation of sentence credit for specific rule violations,
6during imprisonment. These rules and regulations shall provide
7that no inmate may be penalized more than one year of sentence
8credit for any one infraction.
9    When the Department seeks to revoke, suspend or reduce the
10rate of accumulation of any sentence credits for an alleged
11infraction of its rules, it shall bring charges therefor
12against the prisoner sought to be so deprived of sentence
13credits before the Prisoner Review Board as provided in
14subparagraph (a)(4) of Section 3-3-2 of this Code, if the
15amount of credit at issue exceeds 30 days or when during any 12
16month period, the cumulative amount of credit revoked exceeds
1730 days except where the infraction is committed or discovered
18within 60 days of scheduled release. In those cases, the
19Department of Corrections may revoke up to 30 days of sentence
20credit. The Board may subsequently approve the revocation of
21additional sentence credit, if the Department seeks to revoke
22sentence credit in excess of 30 days. However, the Board shall
23not be empowered to review the Department's decision with
24respect to the loss of 30 days of sentence credit within any
25calendar year for any prisoner or to increase any penalty
26beyond the length requested by the Department.

 

 

09800SB1003sam002- 39 -LRB098 05245 RLC 44423 a

1    The Director of the Department of Corrections, in
2appropriate cases, may restore up to 30 days of sentence
3credits which have been revoked, suspended or reduced. Any
4restoration of sentence credits in excess of 30 days shall be
5subject to review by the Prisoner Review Board. However, the
6Board may not restore sentence credit in excess of the amount
7requested by the Director.
8    Nothing contained in this Section shall prohibit the
9Prisoner Review Board from ordering, pursuant to Section
103-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
11sentence imposed by the court that was not served due to the
12accumulation of sentence credit.
13    (d) If a lawsuit is filed by a prisoner in an Illinois or
14federal court against the State, the Department of Corrections,
15or the Prisoner Review Board, or against any of their officers
16or employees, and the court makes a specific finding that a
17pleading, motion, or other paper filed by the prisoner is
18frivolous, the Department of Corrections shall conduct a
19hearing to revoke up to 180 days of sentence credit by bringing
20charges against the prisoner sought to be deprived of the
21sentence credits before the Prisoner Review Board as provided
22in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
23prisoner has not accumulated 180 days of sentence credit at the
24time of the finding, then the Prisoner Review Board may revoke
25all sentence credit accumulated by the prisoner.
26    For purposes of this subsection (d):

 

 

09800SB1003sam002- 40 -LRB098 05245 RLC 44423 a

1        (1) "Frivolous" means that a pleading, motion, or other
2    filing which purports to be a legal document filed by a
3    prisoner in his or her lawsuit meets any or all of the
4    following criteria:
5            (A) it lacks an arguable basis either in law or in
6        fact;
7            (B) it is being presented for any improper purpose,
8        such as to harass or to cause unnecessary delay or
9        needless increase in the cost of litigation;
10            (C) the claims, defenses, and other legal
11        contentions therein are not warranted by existing law
12        or by a nonfrivolous argument for the extension,
13        modification, or reversal of existing law or the
14        establishment of new law;
15            (D) the allegations and other factual contentions
16        do not have evidentiary support or, if specifically so
17        identified, are not likely to have evidentiary support
18        after a reasonable opportunity for further
19        investigation or discovery; or
20            (E) the denials of factual contentions are not
21        warranted on the evidence, or if specifically so
22        identified, are not reasonably based on a lack of
23        information or belief.
24        (2) "Lawsuit" means a motion pursuant to Section 116-3
25    of the Code of Criminal Procedure of 1963, a habeas corpus
26    action under Article X of the Code of Civil Procedure or

 

 

09800SB1003sam002- 41 -LRB098 05245 RLC 44423 a

1    under federal law (28 U.S.C. 2254), a petition for claim
2    under the Court of Claims Act, an action under the federal
3    Civil Rights Act (42 U.S.C. 1983), or a second or
4    subsequent petition for post-conviction relief under
5    Article 122 of the Code of Criminal Procedure of 1963
6    whether filed with or without leave of court or a second or
7    subsequent petition for relief from judgment under Section
8    2-1401 of the Code of Civil Procedure.
9    (e) Nothing in Public Act 90-592 or 90-593 affects the
10validity of Public Act 89-404.
11    (f) Whenever the Department is to release any inmate who
12has been convicted of a violation of an order of protection
13under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
14the Criminal Code of 2012, earlier than it otherwise would
15because of a grant of sentence credit, the Department, as a
16condition of release, shall require that the person, upon
17release, be placed under electronic surveillance as provided in
18Section 5-8A-7 of this Code.
19(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
2096-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
217-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
22eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
2397-1150, eff. 1-25-13.)
 
24    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
25    Sec. 5-5-3. Disposition.

 

 

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1    (a) (Blank).
2    (b) (Blank).
3    (c) (1) (Blank).
4        (2) A period of probation, a term of periodic
5    imprisonment or conditional discharge shall not be imposed
6    for the following offenses. The court shall sentence the
7    offender to not less than the minimum term of imprisonment
8    set forth in this Code for the following offenses, and may
9    order a fine or restitution or both in conjunction with
10    such term of imprisonment:
11            (A) First degree murder where the death penalty is
12        not imposed.
13            (B) Attempted first degree murder.
14            (C) A Class X felony.
15            (D) A violation of Section 401.1 or 407 of the
16        Illinois Controlled Substances Act, or a violation of
17        subdivision (c)(1.5) or (c)(2) of Section 401 of that
18        Act which relates to more than 5 grams of a substance
19        containing cocaine, fentanyl, or an analog thereof.
20            (D-5) A violation of subdivision (c)(1) of Section
21        401 of the Illinois Controlled Substances Act which
22        relates to 3 or more grams of a substance containing
23        heroin or an analog thereof.
24            (E) A violation of Section 5.1 or 9 of the Cannabis
25        Control Act.
26            (F) A Class 2 or greater felony if the offender had

 

 

09800SB1003sam002- 43 -LRB098 05245 RLC 44423 a

1        been convicted of a Class 2 or greater felony,
2        including any state or federal conviction for an
3        offense that contained, at the time it was committed,
4        the same elements as an offense now (the date of the
5        offense committed after the prior Class 2 or greater
6        felony) classified as a Class 2 or greater felony,
7        within 10 years of the date on which the offender
8        committed the offense for which he or she is being
9        sentenced, except as otherwise provided in Section
10        40-10 of the Alcoholism and Other Drug Abuse and
11        Dependency Act.
12            (F-5) A violation of Section 24-1, 24-1.1, or
13        24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
14        Criminal Code of 2012 for which imprisonment is
15        prescribed in those Sections.
16            (G) Residential burglary, except as otherwise
17        provided in Section 40-10 of the Alcoholism and Other
18        Drug Abuse and Dependency Act.
19            (H) Criminal sexual assault.
20            (I) Aggravated battery of a senior citizen as
21        described in Section 12-4.6 or subdivision (a)(4) of
22        Section 12-3.05 of the Criminal Code of 1961 or the
23        Criminal Code of 2012.
24            (J) A forcible felony if the offense was related to
25        the activities of an organized gang.
26            Before July 1, 1994, for the purposes of this

 

 

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1        paragraph, "organized gang" means an association of 5
2        or more persons, with an established hierarchy, that
3        encourages members of the association to perpetrate
4        crimes or provides support to the members of the
5        association who do commit crimes.
6            Beginning July 1, 1994, for the purposes of this
7        paragraph, "organized gang" has the meaning ascribed
8        to it in Section 10 of the Illinois Streetgang
9        Terrorism Omnibus Prevention Act.
10            (K) Vehicular hijacking.
11            (L) A second or subsequent conviction for the
12        offense of hate crime when the underlying offense upon
13        which the hate crime is based is felony aggravated
14        assault or felony mob action.
15            (M) A second or subsequent conviction for the
16        offense of institutional vandalism if the damage to the
17        property exceeds $300.
18            (N) A Class 3 felony violation of paragraph (1) of
19        subsection (a) of Section 2 of the Firearm Owners
20        Identification Card Act.
21            (O) A violation of Section 12-6.1 or 12-6.5 of the
22        Criminal Code of 1961 or the Criminal Code of 2012.
23            (P) A violation of paragraph (1), (2), (3), (4),
24        (5), or (7) of subsection (a) of Section 11-20.1 of the
25        Criminal Code of 1961 or the Criminal Code of 2012.
26            (Q) A violation of subsection (b) or (b-5) of

 

 

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1        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
2        Criminal Code of 1961 or the Criminal Code of 2012.
3            (R) A violation of Section 24-3A of the Criminal
4        Code of 1961 or the Criminal Code of 2012.
5            (S) (Blank).
6            (T) A second or subsequent violation of the
7        Methamphetamine Control and Community Protection Act.
8            (U) A second or subsequent violation of Section
9        6-303 of the Illinois Vehicle Code committed while his
10        or her driver's license, permit, or privilege was
11        revoked because of a violation of Section 9-3 of the
12        Criminal Code of 1961 or the Criminal Code of 2012,
13        relating to the offense of reckless homicide, or a
14        similar provision of a law of another state.
15            (V) A violation of paragraph (4) of subsection (c)
16        of Section 11-20.1B or paragraph (4) of subsection (c)
17        of Section 11-20.3 of the Criminal Code of 1961, or
18        paragraph (6) of subsection (a) of Section 11-20.1 of
19        the Criminal Code of 2012 when the victim is under 13
20        years of age and the defendant has previously been
21        convicted under the laws of this State or any other
22        state of the offense of child pornography, aggravated
23        child pornography, aggravated criminal sexual abuse,
24        aggravated criminal sexual assault, predatory criminal
25        sexual assault of a child, or any of the offenses
26        formerly known as rape, deviate sexual assault,

 

 

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1        indecent liberties with a child, or aggravated
2        indecent liberties with a child where the victim was
3        under the age of 18 years or an offense that is
4        substantially equivalent to those offenses.
5            (W) A violation of Section 24-3.5 of the Criminal
6        Code of 1961 or the Criminal Code of 2012.
7            (X) A violation of subsection (a) of Section 31-1a
8        of the Criminal Code of 1961 or the Criminal Code of
9        2012.
10            (Y) A conviction for unlawful possession of a
11        firearm by a street gang member when the firearm was
12        loaded or contained firearm ammunition.
13            (Z) A Class 1 felony committed while he or she was
14        serving a term of probation or conditional discharge
15        for a felony.
16            (AA) Theft of property exceeding $500,000 and not
17        exceeding $1,000,000 in value.
18            (BB) Laundering of criminally derived property of
19        a value exceeding $500,000.
20            (CC) Knowingly selling, offering for sale, holding
21        for sale, or using 2,000 or more counterfeit items or
22        counterfeit items having a retail value in the
23        aggregate of $500,000 or more.
24            (DD) A conviction for aggravated assault under
25        paragraph (6) of subsection (c) of Section 12-2 of the
26        Criminal Code of 1961 or the Criminal Code of 2012 if

 

 

09800SB1003sam002- 47 -LRB098 05245 RLC 44423 a

1        the firearm is aimed toward the person against whom the
2        firearm is being used.
3        (3) (Blank).
4        (4) A minimum term of imprisonment of not less than 10
5    consecutive days or 30 days of community service shall be
6    imposed for a violation of paragraph (c) of Section 6-303
7    of the Illinois Vehicle Code.
8        (4.1) (Blank).
9        (4.2) Except as provided in paragraphs (4.3) and (4.8)
10    of this subsection (c), a minimum of 100 hours of community
11    service shall be imposed for a second violation of Section
12    6-303 of the Illinois Vehicle Code.
13        (4.3) A minimum term of imprisonment of 30 days or 300
14    hours of community service, as determined by the court,
15    shall be imposed for a second violation of subsection (c)
16    of Section 6-303 of the Illinois Vehicle Code.
17        (4.4) Except as provided in paragraphs (4.5), (4.6),
18    and (4.9) of this subsection (c), a minimum term of
19    imprisonment of 30 days or 300 hours of community service,
20    as determined by the court, shall be imposed for a third or
21    subsequent violation of Section 6-303 of the Illinois
22    Vehicle Code.
23        (4.5) A minimum term of imprisonment of 30 days shall
24    be imposed for a third violation of subsection (c) of
25    Section 6-303 of the Illinois Vehicle Code.
26        (4.6) Except as provided in paragraph (4.10) of this

 

 

09800SB1003sam002- 48 -LRB098 05245 RLC 44423 a

1    subsection (c), a minimum term of imprisonment of 180 days
2    shall be imposed for a fourth or subsequent violation of
3    subsection (c) of Section 6-303 of the Illinois Vehicle
4    Code.
5        (4.7) A minimum term of imprisonment of not less than
6    30 consecutive days, or 300 hours of community service,
7    shall be imposed for a violation of subsection (a-5) of
8    Section 6-303 of the Illinois Vehicle Code, as provided in
9    subsection (b-5) of that Section.
10        (4.8) A mandatory prison sentence shall be imposed for
11    a second violation of subsection (a-5) of Section 6-303 of
12    the Illinois Vehicle Code, as provided in subsection (c-5)
13    of that Section. The person's driving privileges shall be
14    revoked for a period of not less than 5 years from the date
15    of his or her release from prison.
16        (4.9) A mandatory prison sentence of not less than 4
17    and not more than 15 years shall be imposed for a third
18    violation of subsection (a-5) of Section 6-303 of the
19    Illinois Vehicle Code, as provided in subsection (d-2.5) of
20    that Section. The person's driving privileges shall be
21    revoked for the remainder of his or her life.
22        (4.10) A mandatory prison sentence for a Class 1 felony
23    shall be imposed, and the person shall be eligible for an
24    extended term sentence, for a fourth or subsequent
25    violation of subsection (a-5) of Section 6-303 of the
26    Illinois Vehicle Code, as provided in subsection (d-3.5) of

 

 

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1    that Section. The person's driving privileges shall be
2    revoked for the remainder of his or her life.
3        (5) The court may sentence a corporation or
4    unincorporated association convicted of any offense to:
5            (A) a period of conditional discharge;
6            (B) a fine;
7            (C) make restitution to the victim under Section
8        5-5-6 of this Code.
9        (5.1) In addition to any other penalties imposed, and
10    except as provided in paragraph (5.2) or (5.3), a person
11    convicted of violating subsection (c) of Section 11-907 of
12    the Illinois Vehicle Code shall have his or her driver's
13    license, permit, or privileges suspended for at least 90
14    days but not more than one year, if the violation resulted
15    in damage to the property of another person.
16        (5.2) In addition to any other penalties imposed, and
17    except as provided in paragraph (5.3), a person convicted
18    of violating subsection (c) of Section 11-907 of the
19    Illinois Vehicle Code shall have his or her driver's
20    license, permit, or privileges suspended for at least 180
21    days but not more than 2 years, if the violation resulted
22    in injury to another person.
23        (5.3) In addition to any other penalties imposed, a
24    person convicted of violating subsection (c) of Section
25    11-907 of the Illinois Vehicle Code shall have his or her
26    driver's license, permit, or privileges suspended for 2

 

 

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

 

 

09800SB1003sam002- 51 -LRB098 05245 RLC 44423 a

1    for battery when the individual harmed was a sports
2    official or coach at any level of competition and the act
3    causing harm to the sports official or coach occurred
4    within an athletic facility or within the immediate
5    vicinity of the athletic facility at which the sports
6    official or coach was an active participant of the athletic
7    contest held at the athletic facility. For the purposes of
8    this paragraph (11), "sports official" means a person at an
9    athletic contest who enforces the rules of the contest,
10    such as an umpire or referee; "athletic facility" means an
11    indoor or outdoor playing field or recreational area where
12    sports activities are conducted; and "coach" means a person
13    recognized as a coach by the sanctioning authority that
14    conducted the sporting event.
15        (12) A person may not receive a disposition of court
16    supervision for a violation of Section 5-16 of the Boat
17    Registration and Safety Act if that person has previously
18    received a disposition of court supervision for a violation
19    of that Section.
20        (13) A person convicted of or placed on court
21    supervision for an assault or aggravated assault when the
22    victim and the offender are family or household members as
23    defined in Section 103 of the Illinois Domestic Violence
24    Act of 1986 or convicted of domestic battery or aggravated
25    domestic battery may be required to attend a Partner Abuse
26    Intervention Program under protocols set forth by the

 

 

09800SB1003sam002- 52 -LRB098 05245 RLC 44423 a

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

 

 

09800SB1003sam002- 53 -LRB098 05245 RLC 44423 a

1the safety and welfare of the victim and may impose a sentence
2of probation only where:
3        (1) the court finds (A) or (B) or both are appropriate:
4            (A) the defendant is willing to undergo a court
5        approved counseling program for a minimum duration of 2
6        years; or
7            (B) the defendant is willing to participate in a
8        court approved plan including but not limited to the
9        defendant's:
10                (i) removal from the household;
11                (ii) restricted contact with the victim;
12                (iii) continued financial support of the
13            family;
14                (iv) restitution for harm done to the victim;
15            and
16                (v) compliance with any other measures that
17            the court may deem appropriate; and
18        (2) the court orders the defendant to pay for the
19    victim's counseling services, to the extent that the court
20    finds, after considering the defendant's income and
21    assets, that the defendant is financially capable of paying
22    for such services, if the victim was under 18 years of age
23    at the time the offense was committed and requires
24    counseling as a result of the offense.
25    Probation may be revoked or modified pursuant to Section
265-6-4; except where the court determines at the hearing that

 

 

09800SB1003sam002- 54 -LRB098 05245 RLC 44423 a

1the defendant violated a condition of his or her probation
2restricting contact with the victim or other family members or
3commits another offense with the victim or other family
4members, the court shall revoke the defendant's probation and
5impose a term of imprisonment.
6    For the purposes of this Section, "family member" and
7"victim" shall have the meanings ascribed to them in Section
811-0.1 of the Criminal Code of 2012.
9    (f) (Blank).
10    (g) Whenever a defendant is convicted of an offense under
11Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1211-14.3, 11-14.4 except for an offense that involves keeping a
13place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
16Criminal Code of 2012, the defendant shall undergo medical
17testing to determine whether the defendant has any sexually
18transmissible disease, including a test for infection with
19human immunodeficiency virus (HIV) or any other identified
20causative agent of acquired immunodeficiency syndrome (AIDS).
21Any such medical test shall be performed only by appropriately
22licensed medical practitioners and may include an analysis of
23any bodily fluids as well as an examination of the defendant's
24person. Except as otherwise provided by law, the results of
25such test shall be kept strictly confidential by all medical
26personnel involved in the testing and must be personally

 

 

09800SB1003sam002- 55 -LRB098 05245 RLC 44423 a

1delivered in a sealed envelope to the judge of the court in
2which the conviction was entered for the judge's inspection in
3camera. Acting in accordance with the best interests of the
4victim and the public, the judge shall have the discretion to
5determine to whom, if anyone, the results of the testing may be
6revealed. The court shall notify the defendant of the test
7results. The court shall also notify the victim if requested by
8the victim, and if the victim is under the age of 15 and if
9requested by the victim's parents or legal guardian, the court
10shall notify the victim's parents or legal guardian of the test
11results. The court shall provide information on the
12availability of HIV testing and counseling at Department of
13Public Health facilities to all parties to whom the results of
14the testing are revealed and shall direct the State's Attorney
15to provide the information to the victim when possible. A
16State's Attorney may petition the court to obtain the results
17of any HIV test administered under this Section, and the court
18shall grant the disclosure if the State's Attorney shows it is
19relevant in order to prosecute a charge of criminal
20transmission of HIV under Section 12-5.01 or 12-16.2 of the
21Criminal Code of 1961 or the Criminal Code of 2012 against the
22defendant. The court shall order that the cost of any such test
23shall be paid by the county and may be taxed as costs against
24the convicted defendant.
25    (g-5) When an inmate is tested for an airborne communicable
26disease, as determined by the Illinois Department of Public

 

 

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1Health including but not limited to tuberculosis, the results
2of the test shall be personally delivered by the warden or his
3or her designee in a sealed envelope to the judge of the court
4in which the inmate must appear for the judge's inspection in
5camera if requested by the judge. Acting in accordance with the
6best interests of those in the courtroom, the judge shall have
7the discretion to determine what if any precautions need to be
8taken to prevent transmission of the disease in the courtroom.
9    (h) Whenever a defendant is convicted of an offense under
10Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
11defendant shall undergo medical testing to determine whether
12the defendant has been exposed to human immunodeficiency virus
13(HIV) or any other identified causative agent of acquired
14immunodeficiency syndrome (AIDS). Except as otherwise provided
15by law, the results of such test shall be kept strictly
16confidential by all medical personnel involved in the testing
17and must be personally delivered in a sealed envelope to the
18judge of the court in which the conviction was entered for the
19judge's inspection in camera. Acting in accordance with the
20best interests of the public, the judge shall have the
21discretion to determine to whom, if anyone, the results of the
22testing may be revealed. The court shall notify the defendant
23of a positive test showing an infection with the human
24immunodeficiency virus (HIV). The court shall provide
25information on the availability of HIV testing and counseling
26at Department of Public Health facilities to all parties to

 

 

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1whom the results of the testing are revealed and shall direct
2the State's Attorney to provide the information to the victim
3when possible. A State's Attorney may petition the court to
4obtain the results of any HIV test administered under this
5Section, and the court shall grant the disclosure if the
6State's Attorney shows it is relevant in order to prosecute a
7charge of criminal transmission of HIV under Section 12-5.01 or
812-16.2 of the Criminal Code of 1961 or the Criminal Code of
92012 against the defendant. The court shall order that the cost
10of any such test shall be paid by the county and may be taxed as
11costs against the convicted defendant.
12    (i) All fines and penalties imposed under this Section for
13any violation of Chapters 3, 4, 6, and 11 of the Illinois
14Vehicle Code, or a similar provision of a local ordinance, and
15any violation of the Child Passenger Protection Act, or a
16similar provision of a local ordinance, shall be collected and
17disbursed by the circuit clerk as provided under Section 27.5
18of the Clerks of Courts Act.
19    (j) In cases when prosecution for any violation of Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
25Code of 2012, any violation of the Illinois Controlled
26Substances Act, any violation of the Cannabis Control Act, or

 

 

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

 

 

09800SB1003sam002- 59 -LRB098 05245 RLC 44423 a

1diploma or to work toward passing the high school level Test of
2General Educational Development (GED) or to work toward
3completing a vocational training program offered by the
4Department of Corrections. If a defendant fails to complete the
5educational training required by his or her sentence during the
6term of incarceration, the Prisoner Review Board shall, as a
7condition of mandatory supervised release, require the
8defendant, at his or her own expense, to pursue a course of
9study toward a high school diploma or passage of the GED test.
10The Prisoner Review Board shall revoke the mandatory supervised
11release of a defendant who wilfully fails to comply with this
12subsection (j-5) upon his or her release from confinement in a
13penal institution while serving a mandatory supervised release
14term; however, the inability of the defendant after making a
15good faith effort to obtain financial aid or pay for the
16educational training shall not be deemed a wilful failure to
17comply. The Prisoner Review Board shall recommit the defendant
18whose mandatory supervised release term has been revoked under
19this subsection (j-5) as provided in Section 3-3-9. This
20subsection (j-5) does not apply to a defendant who has a high
21school diploma or has successfully passed the GED test. This
22subsection (j-5) does not apply to a defendant who is
23determined by the court to be developmentally disabled or
24otherwise mentally incapable of completing the educational or
25vocational program.
26    (k) (Blank).

 

 

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1    (l) (A) Except as provided in paragraph (C) of subsection
2    (l), whenever a defendant, who is an alien as defined by
3    the Immigration and Nationality Act, is convicted of any
4    felony or misdemeanor offense, the court after sentencing
5    the defendant may, upon motion of the State's Attorney,
6    hold sentence in abeyance and remand the defendant to the
7    custody of the Attorney General of the United States or his
8    or her designated agent to be deported when:
9            (1) a final order of deportation has been issued
10        against the defendant pursuant to proceedings under
11        the Immigration and Nationality Act, and
12            (2) the deportation of the defendant would not
13        deprecate the seriousness of the defendant's conduct
14        and would not be inconsistent with the ends of justice.
15        Otherwise, the defendant shall be sentenced as
16    provided in this Chapter V.
17        (B) If the defendant has already been sentenced for a
18    felony or misdemeanor offense, or has been placed on
19    probation under Section 10 of the Cannabis Control Act,
20    Section 410 of the Illinois Controlled Substances Act, or
21    Section 70 of the Methamphetamine Control and Community
22    Protection Act, the court may, upon motion of the State's
23    Attorney to suspend the sentence imposed, commit the
24    defendant to the custody of the Attorney General of the
25    United States or his or her designated agent when:
26            (1) a final order of deportation has been issued

 

 

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1        against the defendant pursuant to proceedings under
2        the Immigration and Nationality Act, and
3            (2) the deportation of the defendant would not
4        deprecate the seriousness of the defendant's conduct
5        and would not be inconsistent with the ends of justice.
6        (C) This subsection (l) does not apply to offenders who
7    are subject to the provisions of paragraph (2) of
8    subsection (a) of Section 3-6-3.
9        (D) Upon motion of the State's Attorney, if a defendant
10    sentenced under this Section returns to the jurisdiction of
11    the United States, the defendant shall be recommitted to
12    the custody of the county from which he or she was
13    sentenced. Thereafter, the defendant shall be brought
14    before the sentencing court, which may impose any sentence
15    that was available under Section 5-5-3 at the time of
16    initial sentencing. In addition, the defendant shall not be
17    eligible for additional sentence credit for good conduct as
18    provided under Section 3-6-3.
19    (m) A person convicted of criminal defacement of property
20under Section 21-1.3 of the Criminal Code of 1961 or the
21Criminal Code of 2012, in which the property damage exceeds
22$300 and the property damaged is a school building, shall be
23ordered to perform community service that may include cleanup,
24removal, or painting over the defacement.
25    (n) The court may sentence a person convicted of a
26violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

 

 

09800SB1003sam002- 62 -LRB098 05245 RLC 44423 a

1subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2of 1961 or the Criminal Code of 2012 (i) to an impact
3incarceration program if the person is otherwise eligible for
4that program under Section 5-8-1.1, (ii) to community service,
5or (iii) if the person is an addict or alcoholic, as defined in
6the Alcoholism and Other Drug Abuse and Dependency Act, to a
7substance or alcohol abuse program licensed under that Act.
8    (o) Whenever a person is convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act, the
10defendant's driver's license or permit shall be subject to
11renewal on an annual basis in accordance with the provisions of
12license renewal established by the Secretary of State.
13(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1496-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
151, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
16eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1797-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
188-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
19eff. 1-25-13.)".