Rep. Michael J. Zalewski

Filed: 10/21/2013

 

 


 

 


 
09800SB1342ham002LRB098 06687 RLC 49042 a

1
AMENDMENT TO SENATE BILL 1342

2    AMENDMENT NO. ______. Amend Senate Bill 1342 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-1.1, 24-1.6, and 24-1.8 as follows:
 
6    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
7    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
8Felons or Persons in the Custody of the Department of
9Corrections Facilities.
10    (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief by the Director of the

 

 

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1Department of State Police under Section 10 of the Firearm
2Owners Identification Card Act.
3    (b) It is unlawful for any person confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, to possess any weapon prohibited under Section
624-1 of this Code or any firearm or firearm ammunition,
7regardless of the intent with which he possesses it.
8    (c) It shall be an affirmative defense to a violation of
9subsection (b), that such possession was specifically
10authorized by rule, regulation, or directive of the Illinois
11Department of Corrections or order issued pursuant thereto.
12    (d) The defense of necessity is not available to a person
13who is charged with a violation of subsection (b) of this
14Section.
15    (e) Sentence. Violation of this Section by a person not
16confined in a penal institution shall be a Class 3 felony for
17which the person shall be sentenced to no less than 4 2 years
18and no more than 10 years and any second or subsequent
19violation shall be a Class 2 felony for which the person shall
20be sentenced to a term of imprisonment of not less than 5 3
21years and not more than 14 years. Violation of this Section by
22a person not confined in a penal institution who has been
23convicted of a forcible felony, a felony violation of Article
2424 of this Code or of the Firearm Owners Identification Card
25Act, stalking or aggravated stalking, or a Class 2 or greater
26felony under the Illinois Controlled Substances Act, the

 

 

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1Cannabis Control Act, or the Methamphetamine Control and
2Community Protection Act is a Class 2 felony for which the
3person shall be sentenced to not less than 3 years and not more
4than 14 years. Violation of this Section by a person who is on
5parole or mandatory supervised release is a Class 2 felony for
6which the person shall be sentenced to not less than 5 3 years
7and not more than 14 years. Violation of this Section by a
8person not confined in a penal institution is a Class X felony
9when the firearm possessed is a machine gun. Any person who
10violates this Section while confined in a penal institution,
11which is a facility of the Illinois Department of Corrections,
12is guilty of a Class 1 felony, if he possesses any weapon
13prohibited under Section 24-1 of this Code regardless of the
14intent with which he possesses it, a Class X felony if he
15possesses any firearm, firearm ammunition or explosive, and a
16Class X felony for which the offender shall be sentenced to not
17less than 12 years and not more than 50 years when the firearm
18possessed is a machine gun. A violation of this Section while
19wearing or in possession of body armor as defined in Section
2033F-1 is a Class X felony punishable by a term of imprisonment
21of not less than 10 years and not more than 40 years. The
22possession of each firearm or firearm ammunition in violation
23of this Section constitutes a single and separate violation.
24(Source: P.A. 97-237, eff. 1-1-12.)
 
25    (720 ILCS 5/24-1.6)

 

 

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1    Sec. 24-1.6. Aggravated unlawful use of a weapon.
2    (a) A person commits the offense of aggravated unlawful use
3of a weapon when he or she knowingly:
4        (1) Carries on or about his or her person or in any
5    vehicle or concealed on or about his or her person except
6    when on his or her land or in his or her abode, legal
7    dwelling, or fixed place of business, or on the land or in
8    the legal dwelling of another person as an invitee with
9    that person's permission, any pistol, revolver, stun gun or
10    taser or other firearm; or
11        (2) Carries or possesses on or about his or her person,
12    upon any public street, alley, or other public lands within
13    the corporate limits of a city, village or incorporated
14    town, except when an invitee thereon or therein, for the
15    purpose of the display of such weapon or the lawful
16    commerce in weapons, or except when on his or her own land
17    or in his or her own abode, legal dwelling, or fixed place
18    of business, or on the land or in the legal dwelling of
19    another person as an invitee with that person's permission,
20    any pistol, revolver, stun gun or taser or other firearm;
21    and
22        (3) One of the following factors is present:
23            (A) the firearm, other than a pistol, revolver, or
24        handgun, possessed was uncased, loaded, and
25        immediately accessible at the time of the offense; or
26            (A-5) the pistol, revolver, or handgun possessed

 

 

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1        was uncased, loaded, and immediately accessible at the
2        time of the offense and the person possessing the
3        pistol, revolver, or handgun has not been issued a
4        currently valid license under the Firearm Concealed
5        Carry Act; or
6            (B) the firearm, other than a pistol, revolver, or
7        handgun, possessed was uncased, unloaded, and the
8        ammunition for the weapon was immediately accessible
9        at the time of the offense; or
10            (B-5) the pistol, revolver, or handgun possessed
11        was uncased, unloaded, and the ammunition for the
12        weapon was immediately accessible at the time of the
13        offense and the person possessing the pistol,
14        revolver, or handgun has not been issued a currently
15        valid license under the Firearm Concealed Carry Act; or
16            (C) the person possessing the firearm has not been
17        issued a currently valid Firearm Owner's
18        Identification Card; or
19            (D) the person possessing the weapon was
20        previously adjudicated a delinquent minor under the
21        Juvenile Court Act of 1987 for an act that if committed
22        by an adult would be a felony; or
23            (E) the person possessing the weapon was engaged in
24        a misdemeanor violation of the Cannabis Control Act, in
25        a misdemeanor violation of the Illinois Controlled
26        Substances Act, or in a misdemeanor violation of the

 

 

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1        Methamphetamine Control and Community Protection Act;
2        or
3            (F) (blank); or
4            (G) the person possessing the weapon had a order of
5        protection issued against him or her within the
6        previous 2 years; or
7            (H) the person possessing the weapon was engaged in
8        the commission or attempted commission of a
9        misdemeanor involving the use or threat of violence
10        against the person or property of another; or
11            (I) the person possessing the weapon was under 21
12        years of age and in possession of a handgun, unless the
13        person under 21 is engaged in lawful activities under
14        the Wildlife Code or described in subsection
15        24-2(b)(1), (b)(3), or 24-2(f).
16    (a-5) "Handgun" as used in this Section has the meaning
17given to it in Section 5 of the Firearm Concealed Carry Act.
18    (b) "Stun gun or taser" as used in this Section has the
19same definition given to it in Section 24-1 of this Code.
20    (c) This Section does not apply to or affect the
21transportation or possession of weapons that:
22        (i) are broken down in a non-functioning state; or
23        (ii) are not immediately accessible; or
24        (iii) are unloaded and enclosed in a case, firearm
25    carrying box, shipping box, or other container by a person
26    who has been issued a currently valid Firearm Owner's

 

 

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1    Identification Card.
2    (c-5) It is an affirmative defense to the offense under
3item (C) of paragraph (3) of subsection (a) of this Section
4that the defendant has, prior to the commission of the offense,
5submitted a Firearm Owner's Identification Card renewal
6application to the Department of State Police under the Firearm
7Owners Identification Card Act, that application was pending at
8the time the defendant was charged, and the defendant is
9otherwise eligible for a Firearm Owner's Identification 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    both items (A) and (C) or both items (A-5) and (C) or both
21    items (B) and (C) or both items (B-5) and (C) of paragraph
22    (3) of subsection (a) are present is a Class 4 felony, for
23    which the person shall be sentenced to a term of
24    imprisonment of not less than one year and not more than 3
25    years and not more than 6 years.
26        (3) Aggravated unlawful use of a weapon by a person who

 

 

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1    has been previously convicted of a felony in this State or
2    another jurisdiction is a Class 2 felony for which the
3    person shall be sentenced to a term of imprisonment of not
4    less than 4 3 years and not more than 10 7 years.
5        (4) Aggravated unlawful use of a weapon while wearing
6    or in possession of body armor as defined in Section 33F-1
7    by a person who has not been issued a valid Firearms
8    Owner's Identification Card in accordance with Section 5 of
9    the Firearm Owners Identification Card Act is a Class X
10    felony.
11    (e) The possession of each firearm in violation of this
12Section constitutes a single and separate violation.
13(Source: P.A. 98-63, eff. 7-9-13.)
 
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.)
 

 

 

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1    Section 10. The Unified Code of Corrections is amended by
2changing Sections 3-6-3 and 5-5-3 as follows:
 
3    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
4    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
5        (a) (1) The Department of Corrections shall prescribe
6    rules and regulations for awarding and revoking sentence
7    credit for persons committed to the Department which shall
8    be subject to review by the Prisoner Review Board.
9        (1.5) As otherwise provided by law, sentence credit may
10    be awarded for the following:
11            (A) successful completion of programming while in
12        custody of the Department or while in custody prior to
13        sentencing;
14            (B) compliance with the rules and regulations of
15        the Department; or
16            (C) service to the institution, service to a
17        community, or service to the State.
18        (2) The rules and regulations on sentence credit shall
19    provide, with respect to offenses listed in clause (i),
20    (ii), or (iii) of this paragraph (2) committed on or after
21    June 19, 1998 or with respect to the offense listed in
22    clause (iv) of this paragraph (2) committed on or after
23    June 23, 2005 (the effective date of Public Act 94-71) or
24    with respect to offense listed in clause (vi) committed on
25    or after June 1, 2008 (the effective date of Public Act

 

 

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1    95-625) or with respect to the offense of being an armed
2    habitual criminal committed on or after August 2, 2005 (the
3    effective date of Public Act 94-398) or with respect to the
4    offenses listed in clause (v) of this paragraph (2)
5    committed on or after August 13, 2007 (the effective date
6    of Public Act 95-134) or with respect to the offense of
7    aggravated domestic battery committed on or after July 23,
8    2010 (the effective date of Public Act 96-1224) or with
9    respect to the offense of attempt to commit terrorism
10    committed on or after January 1, 2013 (the effective date
11    of Public Act 97-990) or with respect to offenses listed in
12    clause (viii) committed on or after the effective date of
13    this amendatory Act of the 98th General Assembly, the
14    following:
15            (i) that a prisoner who is serving a term of
16        imprisonment for first degree murder or for the offense
17        of terrorism shall receive no sentence credit and shall
18        serve the entire sentence imposed by the court;
19            (ii) that a prisoner serving a sentence for attempt
20        to commit terrorism, attempt to commit first degree
21        murder, solicitation of murder, solicitation of murder
22        for hire, intentional homicide of an unborn child,
23        predatory criminal sexual assault of a child,
24        aggravated criminal sexual assault, criminal sexual
25        assault, aggravated kidnapping, aggravated battery
26        with a firearm as described in Section 12-4.2 or

 

 

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1        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
2        Section 12-3.05, heinous battery as described in
3        Section 12-4.1 or subdivision (a)(2) of Section
4        12-3.05, being an armed habitual criminal, aggravated
5        battery of a senior citizen as described in Section
6        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
7        aggravated battery of a child as described in Section
8        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
9        receive no more than 4.5 days of sentence credit for
10        each month of his or her sentence of imprisonment;
11            (iii) that a prisoner serving a sentence for home
12        invasion, armed robbery, aggravated vehicular
13        hijacking, aggravated discharge of a firearm, or armed
14        violence with a category I weapon or category II
15        weapon, when the court has made and entered a finding,
16        pursuant to subsection (c-1) of Section 5-4-1 of this
17        Code, that the conduct leading to conviction for the
18        enumerated offense resulted in great bodily harm to a
19        victim, shall receive no more than 4.5 days of sentence
20        credit for each month of his or her sentence of
21        imprisonment;
22            (iv) that a prisoner serving a sentence for
23        aggravated discharge of a firearm, whether or not the
24        conduct leading to conviction for the offense resulted
25        in great bodily harm to the victim, shall receive no
26        more than 4.5 days of sentence credit for each month of

 

 

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1        his or her sentence of imprisonment;
2            (v) that a person serving a sentence for
3        gunrunning, narcotics racketeering, controlled
4        substance trafficking, methamphetamine trafficking,
5        drug-induced homicide, aggravated
6        methamphetamine-related child endangerment, money
7        laundering pursuant to clause (c) (4) or (5) of Section
8        29B-1 of the Criminal Code of 1961 or the Criminal Code
9        of 2012, or a Class X felony conviction for delivery of
10        a controlled substance, possession of a controlled
11        substance with intent to manufacture or deliver,
12        calculated criminal drug conspiracy, criminal drug
13        conspiracy, street gang criminal drug conspiracy,
14        participation in methamphetamine manufacturing,
15        aggravated participation in methamphetamine
16        manufacturing, delivery of methamphetamine, possession
17        with intent to deliver methamphetamine, aggravated
18        delivery of methamphetamine, aggravated possession
19        with intent to deliver methamphetamine,
20        methamphetamine conspiracy when the substance
21        containing the controlled substance or methamphetamine
22        is 100 grams or more shall receive no more than 7.5
23        days sentence credit for each month of his or her
24        sentence of imprisonment;
25            (vi) that a prisoner serving a sentence for a
26        second or subsequent offense of luring a minor shall

 

 

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1        receive no more than 4.5 days of sentence credit for
2        each month of his or her sentence of imprisonment; and
3            (vii) that a prisoner serving a sentence for
4        aggravated domestic battery shall receive no more than
5        4.5 days of sentence credit for each month of his or
6        her sentence of imprisonment; and
7            (viii) that a prisoner serving a sentence for a
8        violation of Section 24-1.1, 24-1.6, or 24-1.8 of the
9        Criminal Code of 2012 shall receive no more than 4.5
10        days of sentence credit for each month of his or her
11        sentence of imprisonment.
12        (2.1) For all offenses, other than those enumerated in
13    subdivision (a)(2)(i), (ii), or (iii) committed on or after
14    June 19, 1998 or subdivision (a)(2)(iv) committed on or
15    after June 23, 2005 (the effective date of Public Act
16    94-71) or subdivision (a)(2)(v) committed on or after
17    August 13, 2007 (the effective date of Public Act 95-134)
18    or subdivision (a)(2)(vi) committed on or after June 1,
19    2008 (the effective date of Public Act 95-625) or
20    subdivision (a)(2)(vii) committed on or after July 23, 2010
21    (the effective date of Public Act 96-1224), and other than
22    the offense 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 (F) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code, and other than

 

 

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1    the offense of aggravated driving under the influence of
2    alcohol, other drug or drugs, or intoxicating compound or
3    compounds, or any combination thereof as defined in
4    subparagraph (C) of paragraph (1) of subsection (d) of
5    Section 11-501 of the Illinois Vehicle Code committed on or
6    after January 1, 2011 (the effective date of Public Act
7    96-1230), the rules and regulations shall provide that a
8    prisoner who is serving a term of imprisonment shall
9    receive one day of sentence credit for each day of his or
10    her sentence of imprisonment or recommitment under Section
11    3-3-9. Each day of sentence credit shall reduce by one day
12    the prisoner's period of imprisonment or recommitment
13    under Section 3-3-9.
14        (2.2) A prisoner serving a term of natural life
15    imprisonment or a prisoner who has been sentenced to death
16    shall receive no sentence credit.
17        (2.3) The rules and regulations on sentence credit
18    shall provide that a prisoner who is serving a sentence for
19    aggravated driving under the influence of alcohol, other
20    drug or drugs, or intoxicating compound or compounds, or
21    any combination thereof as defined in subparagraph (F) of
22    paragraph (1) of subsection (d) of Section 11-501 of the
23    Illinois Vehicle Code, shall receive no more than 4.5 days
24    of sentence credit for each month of his or her sentence of
25    imprisonment.
26        (2.4) The rules and regulations on sentence credit

 

 

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1    shall provide with respect to the offenses of aggravated
2    battery with a machine gun or a firearm equipped with any
3    device or attachment designed or used for silencing the
4    report of a firearm or aggravated discharge of a machine
5    gun or a firearm equipped with any device or attachment
6    designed or used for silencing the report of a firearm,
7    committed on or after July 15, 1999 (the effective date of
8    Public Act 91-121), that a prisoner serving a sentence for
9    any of these offenses shall receive no more than 4.5 days
10    of sentence credit for each month of his or her sentence of
11    imprisonment.
12        (2.5) The rules and regulations on sentence credit
13    shall provide that a prisoner who is serving a sentence for
14    aggravated arson committed on or after July 27, 2001 (the
15    effective date of Public Act 92-176) shall receive no more
16    than 4.5 days of sentence credit for each month of his or
17    her sentence of imprisonment.
18        (2.6) The rules and regulations on sentence credit
19    shall provide that a prisoner who is serving a sentence for
20    aggravated driving under the influence of alcohol, other
21    drug or drugs, or intoxicating compound or compounds or any
22    combination thereof as defined in subparagraph (C) of
23    paragraph (1) of subsection (d) of Section 11-501 of the
24    Illinois Vehicle Code committed on or after January 1, 2011
25    (the effective date of Public Act 96-1230) shall receive no
26    more than 4.5 days of sentence credit for each month of his

 

 

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1    or her sentence of imprisonment.
2        (3) The rules and regulations shall also provide that
3    the Director may award up to 180 days additional sentence
4    credit for good conduct in specific instances as the
5    Director deems proper. The good conduct may include, but is
6    not limited to, compliance with the rules and regulations
7    of the Department, service to the Department, service to a
8    community, or service to the State. However, the Director
9    shall not award more than 90 days of sentence credit for
10    good conduct to any prisoner who is serving a sentence for
11    conviction of first degree murder, reckless homicide while
12    under the influence of alcohol or any other drug, or
13    aggravated driving under the influence of alcohol, other
14    drug or drugs, or intoxicating compound or compounds, or
15    any combination thereof as defined in subparagraph (F) of
16    paragraph (1) of subsection (d) of Section 11-501 of the
17    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
18    predatory criminal sexual assault of a child, aggravated
19    criminal sexual assault, criminal sexual assault, deviate
20    sexual assault, aggravated criminal sexual abuse,
21    aggravated indecent liberties with a child, indecent
22    liberties with a child, child pornography, heinous battery
23    as described in Section 12-4.1 or subdivision (a)(2) of
24    Section 12-3.05, aggravated battery of a spouse,
25    aggravated battery of a spouse with a firearm, stalking,
26    aggravated stalking, aggravated battery of a child as

 

 

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1    described in Section 12-4.3 or subdivision (b)(1) of
2    Section 12-3.05, endangering the life or health of a child,
3    or cruelty to a child. Notwithstanding the foregoing,
4    sentence credit for good conduct shall not be awarded on a
5    sentence of imprisonment imposed for conviction of: (i) one
6    of the offenses enumerated in subdivision (a)(2)(i), (ii),
7    or (iii) when the offense is committed on or after June 19,
8    1998 or subdivision (a)(2)(iv) when the offense is
9    committed on or after June 23, 2005 (the effective date of
10    Public Act 94-71) or subdivision (a)(2)(v) when the offense
11    is committed on or after August 13, 2007 (the effective
12    date of Public Act 95-134) or subdivision (a)(2)(vi) when
13    the 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), (ii)
17    aggravated driving under the influence of alcohol, other
18    drug or drugs, or intoxicating compound or compounds, or
19    any combination thereof as defined in subparagraph (F) of
20    paragraph (1) of subsection (d) of Section 11-501 of the
21    Illinois Vehicle Code, (iii) one of the offenses enumerated
22    in subdivision (a)(2.4) when the offense is committed on or
23    after July 15, 1999 (the effective date of Public Act
24    91-121), (iv) aggravated arson when the offense is
25    committed on or after July 27, 2001 (the effective date of
26    Public Act 92-176), (v) offenses that may subject the

 

 

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1    offender to commitment under the Sexually Violent Persons
2    Commitment Act, or (vi) aggravated driving under the
3    influence of alcohol, other drug or drugs, or intoxicating
4    compound or compounds or any combination thereof as defined
5    in subparagraph (C) of paragraph (1) of subsection (d) of
6    Section 11-501 of the Illinois Vehicle Code committed on or
7    after January 1, 2011 (the effective date of Public Act
8    96-1230).
9    Eligible inmates for an award of sentence credit under this
10paragraph (3) may be selected to receive the credit at the
11Director's or his or her designee's sole discretion.
12Consideration may be based on, but not limited to, any
13available risk assessment analysis on the inmate, any history
14of conviction for violent crimes as defined by the Rights of
15Crime Victims and Witnesses Act, facts and circumstances of the
16inmate's holding offense or offenses, and the potential for
17rehabilitation.
18    The Director shall not award sentence credit under this
19paragraph (3) to an inmate unless the inmate has served a
20minimum of 60 days of the sentence; except nothing in this
21paragraph shall be construed to permit the Director to extend
22an inmate's sentence beyond that which was imposed by the
23court. Prior to awarding credit under this paragraph (3), the
24Director shall make a written determination that the inmate:
25            (A) is eligible for the sentence credit;
26            (B) has served a minimum of 60 days, or as close to

 

 

09800SB1342ham002- 20 -LRB098 06687 RLC 49042 a

1        60 days as the sentence will allow; and
2            (C) has met the eligibility criteria established
3        by rule.
4        The Director shall determine the form and content of
5    the written determination required in this subsection.
6        (3.5) The Department shall provide annual written
7    reports to the Governor and the General Assembly on the
8    award of sentence credit for good conduct, with the first
9    report due January 1, 2014. The Department must publish
10    both reports on its website within 48 hours of transmitting
11    the reports to the Governor and the General Assembly. The
12    reports must include:
13            (A) the number of inmates awarded sentence credit
14        for good conduct;
15            (B) the average amount of sentence credit for good
16        conduct awarded;
17            (C) the holding offenses of inmates awarded
18        sentence credit for good conduct; and
19            (D) the number of sentence credit for good conduct
20        revocations.
21        (4) The rules and regulations shall also provide that
22    the sentence credit accumulated and retained under
23    paragraph (2.1) of subsection (a) of this Section by any
24    inmate during specific periods of time in which such inmate
25    is engaged full-time in substance abuse programs,
26    correctional industry assignments, educational programs,

 

 

09800SB1342ham002- 21 -LRB098 06687 RLC 49042 a

1    behavior modification programs, life skills courses, or
2    re-entry planning provided by the Department under this
3    paragraph (4) and satisfactorily completes the assigned
4    program as determined by the standards of the Department,
5    shall be multiplied by a factor of 1.25 for program
6    participation before August 11, 1993 and 1.50 for program
7    participation on or after that date. The rules and
8    regulations shall also provide that sentence credit,
9    subject to the same offense limits and multiplier provided
10    in this paragraph, may be provided to an inmate who was
11    held in pre-trial detention prior to his or her current
12    commitment to the Department of Corrections and
13    successfully completed a full-time, 60-day or longer
14    substance abuse program, educational program, behavior
15    modification program, life skills course, or re-entry
16    planning provided by the county department of corrections
17    or county jail. Calculation of this county program credit
18    shall be done at sentencing as provided in Section
19    5-4.5-100 of this Code and shall be included in the
20    sentencing order. However, no inmate shall be eligible for
21    the additional sentence credit under this paragraph (4) or
22    (4.1) of this subsection (a) while assigned to a boot camp
23    or electronic detention, or if convicted of an offense
24    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
25    Section that is committed on or after June 19, 1998 or
26    subdivision (a)(2)(iv) of this Section that is committed on

 

 

09800SB1342ham002- 22 -LRB098 06687 RLC 49042 a

1    or after June 23, 2005 (the effective date of Public Act
2    94-71) or subdivision (a)(2)(v) of this Section that is
3    committed on or after August 13, 2007 (the effective date
4    of Public Act 95-134) or subdivision (a)(2)(vi) when the
5    offense is committed on or after June 1, 2008 (the
6    effective date of Public Act 95-625) or subdivision
7    (a)(2)(vii) when the offense is committed on or after July
8    23, 2010 (the effective date of Public Act 96-1224), or if
9    convicted 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 (F) of paragraph (1) of subsection (d) of
13    Section 11-501 of the Illinois Vehicle Code, or if
14    convicted of aggravated driving under the influence of
15    alcohol, other drug or drugs, or intoxicating compound or
16    compounds or any combination thereof as defined in
17    subparagraph (C) of paragraph (1) of subsection (d) of
18    Section 11-501 of the Illinois Vehicle Code committed on or
19    after January 1, 2011 (the effective date of Public Act
20    96-1230), or if convicted of an offense enumerated in
21    paragraph (a)(2.4) of this Section that is committed on or
22    after July 15, 1999 (the effective date of Public Act
23    91-121), or first degree murder, a Class X felony, criminal
24    sexual assault, felony criminal sexual abuse, aggravated
25    criminal sexual abuse, aggravated battery with a firearm as
26    described in Section 12-4.2 or subdivision (e)(1), (e)(2),

 

 

09800SB1342ham002- 23 -LRB098 06687 RLC 49042 a

1    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
2    successor offenses with the same or substantially the same
3    elements, or any inchoate offenses relating to the
4    foregoing offenses. No inmate shall be eligible for the
5    additional good conduct credit under this paragraph (4) who
6    (i) has previously received increased good conduct credit
7    under this paragraph (4) and has subsequently been
8    convicted of a felony, or (ii) has previously served more
9    than one prior sentence of imprisonment for a felony in an
10    adult correctional facility.
11        Educational, vocational, substance abuse, behavior
12    modification programs, life skills courses, re-entry
13    planning, and correctional industry programs under which
14    sentence credit may be increased under this paragraph (4)
15    and paragraph (4.1) of this subsection (a) shall be
16    evaluated by the Department on the basis of documented
17    standards. The Department shall report the results of these
18    evaluations to the Governor and the General Assembly by
19    September 30th of each year. The reports shall include data
20    relating to the recidivism rate among program
21    participants.
22        Availability of these programs shall be subject to the
23    limits of fiscal resources appropriated by the General
24    Assembly for these purposes. Eligible inmates who are
25    denied immediate admission shall be placed on a waiting
26    list under criteria established by the Department. The

 

 

09800SB1342ham002- 24 -LRB098 06687 RLC 49042 a

1    inability of any inmate to become engaged in any such
2    programs by reason of insufficient program resources or for
3    any other reason established under the rules and
4    regulations of the Department shall not be deemed a cause
5    of action under which the Department or any employee or
6    agent of the Department shall be liable for damages to the
7    inmate.
8        (4.1) The rules and regulations shall also provide that
9    an additional 60 days of sentence credit shall be awarded
10    to any prisoner who passes the high school level Test of
11    General Educational Development (GED) while the prisoner
12    is committed to the Department of Corrections. The sentence
13    credit awarded under this paragraph (4.1) shall be in
14    addition to, and shall not affect, the award of sentence
15    credit under any other paragraph of this Section, but shall
16    also be pursuant to the guidelines and restrictions set
17    forth in paragraph (4) of subsection (a) of this Section.
18    The sentence credit provided for in this paragraph shall be
19    available only to those prisoners who have not previously
20    earned a high school diploma or a GED. If, after an award
21    of the GED sentence credit has been made and the Department
22    determines that the prisoner was not eligible, then the
23    award shall be revoked. The Department may also award 60
24    days of sentence credit to any committed person who passed
25    the high school level Test of General Educational
26    Development (GED) while he or she was held in pre-trial

 

 

09800SB1342ham002- 25 -LRB098 06687 RLC 49042 a

1    detention prior to the current commitment to the Department
2    of Corrections.
3        (4.5) The rules and regulations on sentence credit
4    shall also provide that when the court's sentencing order
5    recommends a prisoner for substance abuse treatment and the
6    crime was committed on or after September 1, 2003 (the
7    effective date of Public Act 93-354), the prisoner shall
8    receive no sentence credit awarded under clause (3) of this
9    subsection (a) unless he or she participates in and
10    completes a substance abuse treatment program. The
11    Director may waive the requirement to participate in or
12    complete a substance abuse treatment program and award the
13    sentence credit in specific instances if the prisoner is
14    not a good candidate for a substance abuse treatment
15    program for medical, programming, or operational reasons.
16    Availability of substance abuse treatment shall be subject
17    to the limits of fiscal resources appropriated by the
18    General Assembly for these purposes. If treatment is not
19    available and the requirement to participate and complete
20    the treatment has not been waived by the Director, the
21    prisoner shall be placed on a waiting list under criteria
22    established by the Department. The Director may allow a
23    prisoner placed on a waiting list to participate in and
24    complete a substance abuse education class or attend
25    substance abuse self-help meetings in lieu of a substance
26    abuse treatment program. A prisoner on a waiting list who

 

 

09800SB1342ham002- 26 -LRB098 06687 RLC 49042 a

1    is not placed in a substance abuse program prior to release
2    may be eligible for a waiver and receive sentence credit
3    under clause (3) of this subsection (a) at the discretion
4    of the Director.
5        (4.6) The rules and regulations on sentence credit
6    shall also provide that a prisoner who has been convicted
7    of a sex offense as defined in Section 2 of the Sex
8    Offender Registration Act shall receive no sentence credit
9    unless he or she either has successfully completed or is
10    participating in sex offender treatment as defined by the
11    Sex Offender Management Board. However, prisoners who are
12    waiting to receive treatment, but who are unable to do so
13    due solely to the lack of resources on the part of the
14    Department, may, at the Director's sole discretion, be
15    awarded sentence credit at a rate as the Director shall
16    determine.
17        (5) Whenever the Department is to release any inmate
18    earlier than it otherwise would because of a grant of
19    sentence credit for good conduct under paragraph (3) of
20    subsection (a) of this Section given at any time during the
21    term, the Department shall give reasonable notice of the
22    impending release not less than 14 days prior to the date
23    of the release to the State's Attorney of the county where
24    the prosecution of the inmate took place, and if
25    applicable, the State's Attorney of the county into which
26    the inmate will be released. The Department must also make

 

 

09800SB1342ham002- 27 -LRB098 06687 RLC 49042 a

1    identification information and a recent photo of the inmate
2    being released accessible on the Internet by means of a
3    hyperlink labeled "Community Notification of Inmate Early
4    Release" on the Department's World Wide Web homepage. The
5    identification information shall include the inmate's:
6    name, any known alias, date of birth, physical
7    characteristics, residence address, commitment offense and
8    county where conviction was imposed. The identification
9    information shall be placed on the website within 3 days of
10    the inmate's release and the information may not be removed
11    until either: completion of the first year of mandatory
12    supervised release or return of the inmate to custody of
13    the Department.
14    (b) Whenever a person is or has been committed under
15several convictions, with separate sentences, the sentences
16shall be construed under Section 5-8-4 in granting and
17forfeiting of sentence credit.
18    (c) The Department shall prescribe rules and regulations
19for revoking sentence credit, including revoking sentence
20credit awarded for good conduct under paragraph (3) of
21subsection (a) of this Section. The Department shall prescribe
22rules and regulations for suspending or reducing the rate of
23accumulation of sentence credit for specific rule violations,
24during imprisonment. These rules and regulations shall provide
25that no inmate may be penalized more than one year of sentence
26credit for any one infraction.

 

 

09800SB1342ham002- 28 -LRB098 06687 RLC 49042 a

1    When the Department seeks to revoke, suspend or reduce the
2rate of accumulation of any sentence credits for an alleged
3infraction of its rules, it shall bring charges therefor
4against the prisoner sought to be so deprived of sentence
5credits before the Prisoner Review Board as provided in
6subparagraph (a)(4) of Section 3-3-2 of this Code, if the
7amount of credit at issue exceeds 30 days or when during any 12
8month period, the cumulative amount of credit revoked exceeds
930 days except where the infraction is committed or discovered
10within 60 days of scheduled release. In those cases, the
11Department of Corrections may revoke up to 30 days of sentence
12credit. The Board may subsequently approve the revocation of
13additional sentence credit, if the Department seeks to revoke
14sentence credit in excess of 30 days. However, the Board shall
15not be empowered to review the Department's decision with
16respect to the loss of 30 days of sentence credit within any
17calendar year for any prisoner or to increase any penalty
18beyond the length requested by the Department.
19    The Director of the Department of Corrections, in
20appropriate cases, may restore up to 30 days of sentence
21credits which have been revoked, suspended or reduced. Any
22restoration of sentence credits in excess of 30 days shall be
23subject to review by the Prisoner Review Board. However, the
24Board may not restore sentence credit in excess of the amount
25requested by the Director.
26    Nothing contained in this Section shall prohibit the

 

 

09800SB1342ham002- 29 -LRB098 06687 RLC 49042 a

1Prisoner Review Board from ordering, pursuant to Section
23-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
3sentence imposed by the court that was not served due to the
4accumulation of sentence credit.
5    (d) If a lawsuit is filed by a prisoner in an Illinois or
6federal court against the State, the Department of Corrections,
7or the Prisoner Review Board, or against any of their officers
8or employees, and the court makes a specific finding that a
9pleading, motion, or other paper filed by the prisoner is
10frivolous, the Department of Corrections shall conduct a
11hearing to revoke up to 180 days of sentence credit by bringing
12charges against the prisoner sought to be deprived of the
13sentence credits before the Prisoner Review Board as provided
14in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
15prisoner has not accumulated 180 days of sentence credit at the
16time of the finding, then the Prisoner Review Board may revoke
17all sentence credit accumulated by the prisoner.
18    For purposes of this subsection (d):
19        (1) "Frivolous" means that a pleading, motion, or other
20    filing which purports to be a legal document filed by a
21    prisoner in his or her lawsuit meets any or all of the
22    following criteria:
23            (A) it lacks an arguable basis either in law or in
24        fact;
25            (B) it is being presented for any improper purpose,
26        such as to harass or to cause unnecessary delay or

 

 

09800SB1342ham002- 30 -LRB098 06687 RLC 49042 a

1        needless increase in the cost of litigation;
2            (C) the claims, defenses, and other legal
3        contentions therein are not warranted by existing law
4        or by a nonfrivolous argument for the extension,
5        modification, or reversal of existing law or the
6        establishment of new law;
7            (D) the allegations and other factual contentions
8        do not have evidentiary support or, if specifically so
9        identified, are not likely to have evidentiary support
10        after a reasonable opportunity for further
11        investigation or discovery; or
12            (E) the denials of factual contentions are not
13        warranted on the evidence, or if specifically so
14        identified, are not reasonably based on a lack of
15        information or belief.
16        (2) "Lawsuit" means a motion pursuant to Section 116-3
17    of the Code of Criminal Procedure of 1963, a habeas corpus
18    action under Article X of the Code of Civil Procedure or
19    under federal law (28 U.S.C. 2254), a petition for claim
20    under the Court of Claims Act, an action under the federal
21    Civil Rights Act (42 U.S.C. 1983), or a second or
22    subsequent petition for post-conviction relief under
23    Article 122 of the Code of Criminal Procedure of 1963
24    whether filed with or without leave of court or a second or
25    subsequent petition for relief from judgment under Section
26    2-1401 of the Code of Civil Procedure.

 

 

09800SB1342ham002- 31 -LRB098 06687 RLC 49042 a

1    (e) Nothing in Public Act 90-592 or 90-593 affects the
2validity of Public Act 89-404.
3    (f) Whenever the Department is to release any inmate who
4has been convicted of a violation of an order of protection
5under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
6the Criminal Code of 2012, earlier than it otherwise would
7because of a grant of sentence credit, the Department, as a
8condition of release, shall require that the person, upon
9release, be placed under electronic surveillance as provided in
10Section 5-8A-7 of this Code.
11(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
1296-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
137-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
14eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
1597-1150, eff. 1-25-13.)
 
16    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
17    Sec. 5-5-3. Disposition.
18    (a) (Blank).
19    (b) (Blank).
20    (c) (1) (Blank).
21        (2) A period of probation, a term of periodic
22    imprisonment or conditional discharge shall not be imposed
23    for the following offenses. The court shall sentence the
24    offender to not less than the minimum term of imprisonment
25    set forth in this Code for the following offenses, and may

 

 

09800SB1342ham002- 32 -LRB098 06687 RLC 49042 a

1    order a fine or restitution or both in conjunction with
2    such term of imprisonment:
3            (A) First degree murder where the death penalty is
4        not imposed.
5            (B) Attempted first degree murder.
6            (C) A Class X felony.
7            (D) A violation of Section 401.1 or 407 of the
8        Illinois Controlled Substances Act, or a violation of
9        subdivision (c)(1.5) or (c)(2) of Section 401 of that
10        Act which relates to more than 5 grams of a substance
11        containing cocaine, fentanyl, or an analog thereof.
12            (D-5) A violation of subdivision (c)(1) of Section
13        401 of the Illinois Controlled Substances Act which
14        relates to 3 or more grams of a substance containing
15        heroin or an analog thereof.
16            (E) A violation of Section 5.1 or 9 of the Cannabis
17        Control Act.
18            (F) A Class 2 or greater felony if the offender had
19        been convicted of a Class 2 or greater felony,
20        including any state or federal conviction for an
21        offense that contained, at the time it was committed,
22        the same elements as an offense now (the date of the
23        offense committed after the prior Class 2 or greater
24        felony) classified as a Class 2 or greater felony,
25        within 10 years of the date on which the offender
26        committed the offense for which he or she is being

 

 

09800SB1342ham002- 33 -LRB098 06687 RLC 49042 a

1        sentenced, except as otherwise provided in Section
2        40-10 of the Alcoholism and Other Drug Abuse and
3        Dependency Act.
4            (F-5) A violation of Section 24-1, 24-1.1, or
5        24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
6        Criminal Code of 2012 for which imprisonment is
7        prescribed in those Sections.
8            (G) Residential burglary, except as otherwise
9        provided in Section 40-10 of the Alcoholism and Other
10        Drug Abuse and Dependency Act.
11            (H) Criminal sexual assault.
12            (I) Aggravated battery of a senior citizen as
13        described in Section 12-4.6 or subdivision (a)(4) of
14        Section 12-3.05 of the Criminal Code of 1961 or the
15        Criminal Code of 2012.
16            (J) A forcible felony if the offense was related to
17        the activities of an organized gang.
18            Before July 1, 1994, for the purposes of this
19        paragraph, "organized gang" means an association of 5
20        or more persons, with an established hierarchy, that
21        encourages members of the association to perpetrate
22        crimes or provides support to the members of the
23        association who do commit crimes.
24            Beginning July 1, 1994, for the purposes of this
25        paragraph, "organized gang" has the meaning ascribed
26        to it in Section 10 of the Illinois Streetgang

 

 

09800SB1342ham002- 34 -LRB098 06687 RLC 49042 a

1        Terrorism Omnibus Prevention Act.
2            (K) Vehicular hijacking.
3            (L) A second or subsequent conviction for the
4        offense of hate crime when the underlying offense upon
5        which the hate crime is based is felony aggravated
6        assault or felony mob action.
7            (M) A second or subsequent conviction for the
8        offense of institutional vandalism if the damage to the
9        property exceeds $300.
10            (N) A Class 3 felony violation of paragraph (1) of
11        subsection (a) of Section 2 of the Firearm Owners
12        Identification Card Act.
13            (O) A violation of Section 12-6.1 or 12-6.5 of the
14        Criminal Code of 1961 or the Criminal Code of 2012.
15            (P) A violation of paragraph (1), (2), (3), (4),
16        (5), or (7) of subsection (a) of Section 11-20.1 of the
17        Criminal Code of 1961 or the Criminal Code of 2012.
18            (Q) A violation of subsection (b) or (b-5) of
19        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
20        Criminal Code of 1961 or the Criminal Code of 2012.
21            (R) A violation of Section 24-3A of the Criminal
22        Code of 1961 or the Criminal Code of 2012.
23            (S) (Blank).
24            (T) A second or subsequent violation of the
25        Methamphetamine Control and Community Protection Act.
26            (U) A second or subsequent violation of Section

 

 

09800SB1342ham002- 35 -LRB098 06687 RLC 49042 a

1        6-303 of the Illinois Vehicle Code committed while his
2        or her driver's license, permit, or privilege was
3        revoked because of a violation of Section 9-3 of the
4        Criminal Code of 1961 or the Criminal Code of 2012,
5        relating to the offense of reckless homicide, or a
6        similar provision of a law of another state.
7            (V) A violation of paragraph (4) of subsection (c)
8        of Section 11-20.1B or paragraph (4) of subsection (c)
9        of Section 11-20.3 of the Criminal Code of 1961, or
10        paragraph (6) of subsection (a) of Section 11-20.1 of
11        the Criminal Code of 2012 when the victim is under 13
12        years of age and the defendant has previously been
13        convicted under the laws of this State or any other
14        state of the offense of child pornography, aggravated
15        child pornography, aggravated criminal sexual abuse,
16        aggravated criminal sexual assault, predatory criminal
17        sexual assault of a child, or any of the offenses
18        formerly known as rape, deviate sexual assault,
19        indecent liberties with a child, or aggravated
20        indecent liberties with a child where the victim was
21        under the age of 18 years or an offense that is
22        substantially equivalent to those offenses.
23            (W) A violation of Section 24-3.5 of the Criminal
24        Code of 1961 or the Criminal Code of 2012.
25            (X) A violation of subsection (a) of Section 31-1a
26        of the Criminal Code of 1961 or the Criminal Code of

 

 

09800SB1342ham002- 36 -LRB098 06687 RLC 49042 a

1        2012.
2            (Y) A conviction for unlawful possession of a
3        firearm by a street gang member when the firearm was
4        loaded or contained firearm ammunition.
5            (Z) A Class 1 felony committed while he or she was
6        serving a term of probation or conditional discharge
7        for a felony.
8            (AA) Theft of property exceeding $500,000 and not
9        exceeding $1,000,000 in value.
10            (BB) Laundering of criminally derived property of
11        a value exceeding $500,000.
12            (CC) Knowingly selling, offering for sale, holding
13        for sale, or using 2,000 or more counterfeit items or
14        counterfeit items having a retail value in the
15        aggregate of $500,000 or more.
16            (DD) A conviction for aggravated assault under
17        paragraph (6) of subsection (c) of Section 12-2 of the
18        Criminal Code of 1961 or the Criminal Code of 2012 if
19        the firearm is aimed toward the person against whom the
20        firearm is being used.
21        (3) (Blank).
22        (4) A minimum term of imprisonment of not less than 10
23    consecutive days or 30 days of community service shall be
24    imposed for a violation of paragraph (c) of Section 6-303
25    of the Illinois Vehicle Code.
26        (4.1) (Blank).

 

 

09800SB1342ham002- 37 -LRB098 06687 RLC 49042 a

1        (4.2) Except as provided in paragraphs (4.3) and (4.8)
2    of this subsection (c), a minimum of 100 hours of community
3    service shall be imposed for a second violation of Section
4    6-303 of the Illinois Vehicle Code.
5        (4.3) A minimum term of imprisonment of 30 days or 300
6    hours of community service, as determined by the court,
7    shall be imposed for a second violation of subsection (c)
8    of Section 6-303 of the Illinois Vehicle Code.
9        (4.4) Except as provided in paragraphs (4.5), (4.6),
10    and (4.9) of this subsection (c), a minimum term of
11    imprisonment of 30 days or 300 hours of community service,
12    as determined by the court, shall be imposed for a third or
13    subsequent violation of Section 6-303 of the Illinois
14    Vehicle Code.
15        (4.5) A minimum term of imprisonment of 30 days shall
16    be imposed for a third violation of subsection (c) of
17    Section 6-303 of the Illinois Vehicle Code.
18        (4.6) Except as provided in paragraph (4.10) of this
19    subsection (c), a minimum term of imprisonment of 180 days
20    shall be imposed for a fourth or subsequent violation of
21    subsection (c) of Section 6-303 of the Illinois Vehicle
22    Code.
23        (4.7) A minimum term of imprisonment of not less than
24    30 consecutive days, or 300 hours of community service,
25    shall be imposed for a violation of subsection (a-5) of
26    Section 6-303 of the Illinois Vehicle Code, as provided in

 

 

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1    subsection (b-5) of that Section.
2        (4.8) A mandatory prison sentence shall be imposed for
3    a second violation of subsection (a-5) of Section 6-303 of
4    the Illinois Vehicle Code, as provided in subsection (c-5)
5    of that Section. The person's driving privileges shall be
6    revoked for a period of not less than 5 years from the date
7    of his or her release from prison.
8        (4.9) A mandatory prison sentence of not less than 4
9    and not more than 15 years shall be imposed for a third
10    violation of subsection (a-5) of Section 6-303 of the
11    Illinois Vehicle Code, as provided in subsection (d-2.5) of
12    that Section. The person's driving privileges shall be
13    revoked for the remainder of his or her life.
14        (4.10) A mandatory prison sentence for a Class 1 felony
15    shall be imposed, and the person shall be eligible for an
16    extended term sentence, for a fourth or subsequent
17    violation of subsection (a-5) of Section 6-303 of the
18    Illinois Vehicle Code, as provided in subsection (d-3.5) of
19    that Section. The person's driving privileges shall be
20    revoked for the remainder of his or her life.
21        (5) The court may sentence a corporation or
22    unincorporated association convicted of any offense to:
23            (A) a period of conditional discharge;
24            (B) a fine;
25            (C) make restitution to the victim under Section
26        5-5-6 of this Code.

 

 

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1        (5.1) In addition to any other penalties imposed, and
2    except as provided in paragraph (5.2) or (5.3), a person
3    convicted of violating subsection (c) of Section 11-907 of
4    the Illinois Vehicle Code shall have his or her driver's
5    license, permit, or privileges suspended for at least 90
6    days but not more than one year, if the violation resulted
7    in damage to the property of another person.
8        (5.2) In addition to any other penalties imposed, and
9    except as provided in paragraph (5.3), a person convicted
10    of violating subsection (c) of Section 11-907 of the
11    Illinois Vehicle Code shall have his or her driver's
12    license, permit, or privileges suspended for at least 180
13    days but not more than 2 years, if the violation resulted
14    in injury to another person.
15        (5.3) In addition to any other penalties imposed, a
16    person convicted of violating subsection (c) of Section
17    11-907 of the Illinois Vehicle Code shall have his or her
18    driver's license, permit, or privileges suspended for 2
19    years, if the violation resulted in the death of another
20    person.
21        (5.4) In addition to any other penalties imposed, a
22    person convicted of violating Section 3-707 of the Illinois
23    Vehicle Code shall have his or her driver's license,
24    permit, or privileges suspended for 3 months and until he
25    or she has paid a reinstatement fee of $100.
26        (5.5) In addition to any other penalties imposed, a

 

 

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

 

 

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1    athletic contest who enforces the rules of the contest,
2    such as an umpire or referee; "athletic facility" means an
3    indoor or outdoor playing field or recreational area where
4    sports activities are conducted; and "coach" means a person
5    recognized as a coach by the sanctioning authority that
6    conducted the sporting event.
7        (12) A person may not receive a disposition of court
8    supervision for a violation of Section 5-16 of the Boat
9    Registration and Safety Act if that person has previously
10    received a disposition of court supervision for a violation
11    of that Section.
12        (13) A person convicted of or placed on court
13    supervision for an assault or aggravated assault when the
14    victim and the offender are family or household members as
15    defined in Section 103 of the Illinois Domestic Violence
16    Act of 1986 or convicted of domestic battery or aggravated
17    domestic battery may be required to attend a Partner Abuse
18    Intervention Program under protocols set forth by the
19    Illinois Department of Human Services under such terms and
20    conditions imposed by the court. The costs of such classes
21    shall be paid by the offender.
22    (d) In any case in which a sentence originally imposed is
23vacated, the case shall be remanded to the trial court. The
24trial court shall hold a hearing under Section 5-4-1 of the
25Unified Code of Corrections which may include evidence of the
26defendant's life, moral character and occupation during the

 

 

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1time since the original sentence was passed. The trial court
2shall then impose sentence upon the defendant. The trial court
3may impose any sentence which could have been imposed at the
4original trial subject to Section 5-5-4 of the Unified Code of
5Corrections. If a sentence is vacated on appeal or on
6collateral attack due to the failure of the trier of fact at
7trial to determine beyond a reasonable doubt the existence of a
8fact (other than a prior conviction) necessary to increase the
9punishment for the offense beyond the statutory maximum
10otherwise applicable, either the defendant may be re-sentenced
11to a term within the range otherwise provided or, if the State
12files notice of its intention to again seek the extended
13sentence, the defendant shall be afforded a new trial.
14    (e) In cases where prosecution for aggravated criminal
15sexual abuse under Section 11-1.60 or 12-16 of the Criminal
16Code of 1961 or the Criminal Code of 2012 results in conviction
17of a defendant who was a family member of the victim at the
18time of the commission of the offense, the court shall consider
19the safety and welfare of the victim and may impose a sentence
20of probation only where:
21        (1) the court finds (A) or (B) or both are appropriate:
22            (A) the defendant is willing to undergo a court
23        approved counseling program for a minimum duration of 2
24        years; or
25            (B) the defendant is willing to participate in a
26        court approved plan including but not limited to the

 

 

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1        defendant's:
2                (i) removal from the household;
3                (ii) restricted contact with the victim;
4                (iii) continued financial support of the
5            family;
6                (iv) restitution for harm done to the victim;
7            and
8                (v) compliance with any other measures that
9            the court may deem appropriate; and
10        (2) the court orders the defendant to pay for the
11    victim's counseling services, to the extent that the court
12    finds, after considering the defendant's income and
13    assets, that the defendant is financially capable of paying
14    for such services, if the victim was under 18 years of age
15    at the time the offense was committed and requires
16    counseling as a result of the offense.
17    Probation may be revoked or modified pursuant to Section
185-6-4; except where the court determines at the hearing that
19the defendant violated a condition of his or her probation
20restricting contact with the victim or other family members or
21commits another offense with the victim or other family
22members, the court shall revoke the defendant's probation and
23impose a term of imprisonment.
24    For the purposes of this Section, "family member" and
25"victim" shall have the meanings ascribed to them in Section
2611-0.1 of the Criminal Code of 2012.

 

 

09800SB1342ham002- 44 -LRB098 06687 RLC 49042 a

1    (f) (Blank).
2    (g) Whenever a defendant is convicted of an offense under
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
411-14.3, 11-14.4 except for an offense that involves keeping a
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
8Criminal Code of 2012, the defendant shall undergo medical
9testing to determine whether the defendant has any sexually
10transmissible disease, including a test for infection with
11human immunodeficiency virus (HIV) or any other identified
12causative agent of acquired immunodeficiency syndrome (AIDS).
13Any such medical test shall be performed only by appropriately
14licensed medical practitioners and may include an analysis of
15any bodily fluids as well as an examination of the defendant's
16person. Except as otherwise provided by law, the results of
17such test shall be kept strictly confidential by all medical
18personnel involved in the testing and must be personally
19delivered in a sealed envelope to the judge of the court in
20which the conviction was entered for the judge's inspection in
21camera. Acting in accordance with the best interests of the
22victim and the public, the judge shall have the discretion to
23determine to whom, if anyone, the results of the testing may be
24revealed. The court shall notify the defendant of the test
25results. The court shall also notify the victim if requested by
26the victim, and if the victim is under the age of 15 and if

 

 

09800SB1342ham002- 45 -LRB098 06687 RLC 49042 a

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

 

 

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1    (h) Whenever a defendant is convicted of an offense under
2Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
3defendant shall undergo medical testing to determine whether
4the defendant has been exposed to human immunodeficiency virus
5(HIV) or any other identified causative agent of acquired
6immunodeficiency syndrome (AIDS). Except as otherwise provided
7by law, the results of such test shall be kept strictly
8confidential by all medical personnel involved in the testing
9and must be personally delivered in a sealed envelope to the
10judge of the court in which the conviction was entered for the
11judge's inspection in camera. Acting in accordance with the
12best interests of the public, the judge shall have the
13discretion to determine to whom, if anyone, the results of the
14testing may be revealed. The court shall notify the defendant
15of a positive test showing an infection with the human
16immunodeficiency virus (HIV). The court shall provide
17information on the availability of HIV testing and counseling
18at Department of Public Health facilities to all parties to
19whom the results of the testing are revealed and shall direct
20the State's Attorney to provide the information to the victim
21when possible. A State's Attorney may petition the court to
22obtain the results of any HIV test administered under this
23Section, and the court shall grant the disclosure if the
24State's Attorney shows it is relevant in order to prosecute a
25charge of criminal transmission of HIV under Section 12-5.01 or
2612-16.2 of the Criminal Code of 1961 or the Criminal Code of

 

 

09800SB1342ham002- 47 -LRB098 06687 RLC 49042 a

12012 against the defendant. The court shall order that the cost
2of any such test shall be paid by the county and may be taxed as
3costs against the convicted defendant.
4    (i) All fines and penalties imposed under this Section for
5any violation of Chapters 3, 4, 6, and 11 of the Illinois
6Vehicle Code, or a similar provision of a local ordinance, and
7any violation of the Child Passenger Protection Act, or a
8similar provision of a local ordinance, shall be collected and
9disbursed by the circuit clerk as provided under Section 27.5
10of the Clerks of Courts Act.
11    (j) In cases when prosecution for any violation of Section
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1612-15, or 12-16 of the Criminal Code of 1961 or the Criminal
17Code of 2012, any violation of the Illinois Controlled
18Substances Act, any violation of the Cannabis Control Act, or
19any violation of the Methamphetamine Control and Community
20Protection Act results in conviction, a disposition of court
21supervision, or an order of probation granted under Section 10
22of the Cannabis Control Act, Section 410 of the Illinois
23Controlled Substance Act, or Section 70 of the Methamphetamine
24Control and Community Protection Act of a defendant, the court
25shall determine whether the defendant is employed by a facility
26or center as defined under the Child Care Act of 1969, a public

 

 

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

 

 

09800SB1342ham002- 49 -LRB098 06687 RLC 49042 a

1study toward a high school diploma or passage of the GED test.
2The Prisoner Review Board shall revoke the mandatory supervised
3release of a defendant who wilfully fails to comply with this
4subsection (j-5) upon his or her release from confinement in a
5penal institution while serving a mandatory supervised release
6term; however, the inability of the defendant after making a
7good faith effort to obtain financial aid or pay for the
8educational training shall not be deemed a wilful failure to
9comply. The Prisoner Review Board shall recommit the defendant
10whose mandatory supervised release term has been revoked under
11this subsection (j-5) as provided in Section 3-3-9. This
12subsection (j-5) does not apply to a defendant who has a high
13school diploma or has successfully passed the GED test. This
14subsection (j-5) does not apply to a defendant who is
15determined by the court to be developmentally disabled or
16otherwise mentally incapable of completing the educational or
17vocational program.
18    (k) (Blank).
19    (l) (A) Except as provided in paragraph (C) of subsection
20    (l), whenever a defendant, who is an alien as defined by
21    the Immigration and Nationality Act, is convicted of any
22    felony or misdemeanor offense, the court after sentencing
23    the defendant may, upon motion of the State's Attorney,
24    hold sentence in abeyance and remand the defendant to the
25    custody of the Attorney General of the United States or his
26    or her designated agent to be deported when:

 

 

09800SB1342ham002- 50 -LRB098 06687 RLC 49042 a

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

 

 

09800SB1342ham002- 51 -LRB098 06687 RLC 49042 a

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

 

 

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1defined in Section 2 of the Sex Offender Registration Act, the
2defendant's driver's license or permit shall be subject to
3renewal on an annual basis in accordance with the provisions of
4license renewal established by the Secretary of State.
5(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
696-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
71, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
8eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
997-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
108-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
11eff. 1-25-13.)".