Illinois General Assembly - Full Text of HB3342
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Full Text of HB3342  102nd General Assembly

HB3342 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3342

 

Introduced 2/22/2021, by Rep. Andrew S. Chesney

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-50

    Amends the Unified Code of Corrections. Provides that an offender, who at the time of the commission of the offense, was a member of the General Assembly and who is convicted of a felony that was committed in his or her official capacity as a member of the General Assembly shall be sentenced to pay a minimum fine of $100,000.


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A BILL FOR

 

HB3342LRB102 11610 KMF 16944 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4.5-50 as follows:
 
6    (730 ILCS 5/5-4.5-50)
7    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
8as otherwise provided, for all felonies:
9    (a) NO SUPERVISION. The court, upon a plea of guilty or a
10stipulation by the defendant of the facts supporting the
11charge or a finding of guilt, may not defer further
12proceedings and the imposition of a sentence and may not enter
13an order for supervision of the defendant.
14    (b) FELONY FINES. Unless otherwise specified by law, the
15minimum fine is $75. An offender may be sentenced to pay a fine
16not to exceed, for each offense, $25,000 or the amount
17specified in the offense, whichever is greater, or if the
18offender is a corporation, $50,000 or the amount specified in
19the offense, whichever is greater. A fine may be imposed in
20addition to a sentence of conditional discharge, probation,
21periodic imprisonment, or imprisonment. See Article 9 of
22Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
23additional amounts and determination of amounts and payment.

 

 

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1If the court finds that the fine would impose an undue burden
2on the victim, the court may reduce or waive the fine. An
3offender, who at the time of the commission of the offense, was
4a member of the General Assembly and who is convicted of a
5felony that was committed in his or her official capacity as a
6member of the General Assembly shall be sentenced to pay a
7minimum fine of $100,000.
8    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
9each felony conviction shall set forth his or her reasons for
10imposing the particular sentence entered in the case, as
11provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons
12may include any mitigating or aggravating factors specified in
13this Code, or the lack of any such factors, as well as any
14other mitigating or aggravating factors that the judge sets
15forth on the record that are consistent with the purposes and
16principles of sentencing set out in this Code.
17    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
18sentence may be made, or the court may reduce a sentence
19without motion, within 30 days after the sentence is imposed.
20A defendant's challenge to the correctness of a sentence or to
21any aspect of the sentencing hearing shall be made by a written
22motion filed with the circuit court clerk within 30 days
23following the imposition of sentence. A motion not filed
24within that 30-day period is not timely. The court may not
25increase a sentence once it is imposed. A notice of motion must
26be filed with the motion. The notice of motion shall set the

 

 

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1motion on the court's calendar on a date certain within a
2reasonable time after the date of filing.
3    If a motion filed pursuant to this subsection is timely
4filed, the proponent of the motion shall exercise due
5diligence in seeking a determination on the motion and the
6court shall thereafter decide the motion within a reasonable
7time.
8    If a motion filed pursuant to this subsection is timely
9filed, then for purposes of perfecting an appeal, a final
10judgment is not considered to have been entered until the
11motion to reduce the sentence has been decided by order
12entered by the trial court.
13    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
14OTHER-STATE SENTENCE. A defendant who has a previous and
15unexpired sentence of imprisonment imposed by another state or
16by any district court of the United States and who, after
17sentence for a crime in Illinois, must return to serve the
18unexpired prior sentence may have his or her sentence by the
19Illinois court ordered to be concurrent with the prior
20other-state or federal sentence. The court may order that any
21time served on the unexpired portion of the other-state or
22federal sentence, prior to his or her return to Illinois,
23shall be credited on his or her Illinois sentence. The
24appropriate official of the other state or the United States
25shall be furnished with a copy of the order imposing sentence,
26which shall provide that, when the offender is released from

 

 

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1other-state or federal confinement, whether by parole or by
2termination of sentence, the offender shall be transferred by
3the Sheriff of the committing Illinois county to the Illinois
4Department of Corrections. The court shall cause the
5Department of Corrections to be notified of the sentence at
6the time of commitment and to be provided with copies of all
7records regarding the sentence.
8    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
9defendant who has a previous and unexpired sentence of
10imprisonment imposed by an Illinois circuit court for a crime
11in this State and who is subsequently sentenced to a term of
12imprisonment by another state or by any district court of the
13United States and who has served a term of imprisonment
14imposed by the other state or district court of the United
15States, and must return to serve the unexpired prior sentence
16imposed by the Illinois circuit court, may apply to the
17Illinois circuit court that imposed sentence to have his or
18her sentence reduced.
19    The circuit court may order that any time served on the
20sentence imposed by the other state or district court of the
21United States be credited on his or her Illinois sentence. The
22application for reduction of a sentence under this subsection
23shall be made within 30 days after the defendant has completed
24the sentence imposed by the other state or district court of
25the United States.
26    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a

 

 

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1sentence or disposition that requires the defendant to be
2implanted or injected with or to use any form of birth control.
3(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)