Illinois General Assembly - Full Text of HB4807
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Full Text of HB4807  102nd General Assembly

HB4807 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4807

 

Introduced 1/27/2022, by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-0.5 new
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.8
720 ILCS 5/24-3  from Ch. 38, par. 24-3
730 ILCS 5/5-5-3

    Amends the Criminal Code of 2012. Enhances the penalties for unlawful use or possession of weapons by felons, unlawful possession of a firearm by a street gang member, and unlawful sale or delivery of firearms when the violation involves a machine gun or a firearm with a large capacity ammunition feeding device. Defines "large capacity ammunition feeding device" and "machine gun", and "streetgang member". Provides that a person also commits unlawful sale or delivery of firearms when the person knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or who is a streetgang member. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a second or subsequent conviction for unlawful sale or delivery of firearms when the offense involved a person knowingly: (1) selling or giving a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) selling or giving a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or who is a streetgang member.


LRB102 23821 RLC 35223 b

 

 

A BILL FOR

 

HB4807LRB102 23821 RLC 35223 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 Criminal Code of 2012 is amended by
5changing Sections 24-1.1, 24-1.8, and 24-3 and by adding
6Section 24-0.5 as follows:
 
7    (720 ILCS 5/24-0.5 new)
8    Sec. 24-0.5. Definition. In Sections 24-1.1, 24-1.8, and
924-3:
10    "Large capacity ammunition feeding device" means:
11    (1) a magazine, belt, drum, feed strip, or similar device
12that has a capacity of, or that can be readily restored or
13converted to accept, 30 rounds or more of ammunition; or
14    (2) any combination of parts from which a device described
15in paragraph (1) can be assembled.
16    "Large capacity ammunition feeding device" does not
17include an attached tubular device designed to accept, and
18capable of operating only with, .22 caliber rimfire ammunition
19or a feeding device that has been permanently altered so that
20it cannot accommodate 30 rounds or more. "Large capacity
21ammunition feeding device" does not include a tubular magazine
22that is contained in a lever-action firearm or any device that
23has been made permanently inoperable.

 

 

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1    "Machine gun" means any weapon that shoots, is designed to
2shoot, or can be readily restored to shoot, automatically more
3than one shot without manually reloading by a single function
4of the trigger, including the frame or receiver of any such
5weapon, or any combination of parts designed or intended for
6use in converting any weapon into a machine gun, or any
7combination or parts from which a machine gun can be assembled
8if such parts are in the possession or under the control of a
9person.
 
10    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
11    Sec. 24-1.1. Unlawful use or possession of weapons by
12felons or persons in the custody of the Department of
13Corrections facilities.
14    (a) It is unlawful for a person to knowingly possess on or
15about his person or on his land or in his own abode or fixed
16place of business any weapon prohibited under Section 24-1 of
17this Act or any firearm or any firearm ammunition if the person
18has been convicted of a felony under the laws of this State or
19any other jurisdiction. This Section shall not apply if the
20person has been granted relief by the Director of the Illinois
21State Police under Section 10 of the Firearm Owners
22Identification Card Act.
23    (b) It is unlawful for any person confined in a penal
24institution, which is a facility of the Illinois Department of
25Corrections, to possess any weapon prohibited under Section

 

 

HB4807- 3 -LRB102 23821 RLC 35223 b

124-1 of this Code or any firearm or firearm ammunition,
2regardless of the intent with which he possesses it.
3    (c) It shall be an affirmative defense to a violation of
4subsection (b), that such possession was specifically
5authorized by rule, regulation, or directive of the Illinois
6Department of Corrections or order issued pursuant thereto.
7    (d) The defense of necessity is not available to a person
8who is charged with a violation of subsection (b) of this
9Section.
10    (e) Sentence. Violation of this Section by a person not
11confined in a penal institution shall be a Class 3 felony for
12which the person shall be sentenced to no less than 2 years and
13no more than 10 years. A second or subsequent violation of this
14Section shall be a Class 2 felony for which the person shall be
15sentenced to a term of imprisonment of not less than 3 years
16and not more than 14 years, except as provided for in Section
175-4.5-110 of the Unified Code of Corrections. Violation of
18this Section by a person not confined in a penal institution
19who has been convicted of a forcible felony, a felony
20violation of Article 24 of this Code or of the Firearm Owners
21Identification Card Act, stalking or aggravated stalking, or a
22Class 2 or greater felony under the Illinois Controlled
23Substances Act, the Cannabis Control Act, or the
24Methamphetamine Control and Community Protection Act is a
25Class 2 felony for which the person shall be sentenced to not
26less than 3 years and not more than 14 years, except as

 

 

HB4807- 4 -LRB102 23821 RLC 35223 b

1provided for in Section 5-4.5-110 of the Unified Code of
2Corrections. Violation of this Section by a person who is on
3parole or mandatory supervised release is a Class 2 felony for
4which the person shall be sentenced to not less than 3 years
5and not more than 14 years, except as provided for in Section
65-4.5-110 of the Unified Code of Corrections. Violation of
7this Section by a person not confined in a penal institution is
8a Class X felony when the firearm possessed is a machine gun
9for which the person shall be sentenced to not less than 6
10years and not more than 30 years. Any person who violates this
11Section while confined in a penal institution, which is a
12facility of the Illinois Department of Corrections, is guilty
13of a Class 1 felony, if he possesses any weapon prohibited
14under Section 24-1 of this Code regardless of the intent with
15which he possesses it, a Class X felony if he possesses any
16firearm, firearm ammunition or explosive, and a Class X felony
17for which the offender shall be sentenced to not less than 12
18years and not more than 50 years when the firearm possessed is
19a machine gun. Violation of this Section by a person not
20confined in a penal institution when the firearm possessed
21includes a large capacity ammunition feeding device is a Class
221 felony for which the person shall be sentenced to not less
23than 4 years and not more than 15 years. A violation of this
24Section while wearing or in possession of body armor as
25defined in Section 33F-1 is a Class X felony punishable by a
26term of imprisonment of not less than 10 years and not more

 

 

HB4807- 5 -LRB102 23821 RLC 35223 b

1than 40 years. The possession of each firearm or firearm
2ammunition in violation of this Section constitutes a single
3and separate violation.
4(Source: P.A. 102-538, eff. 8-20-21.)
 
5    (720 ILCS 5/24-1.8)
6    Sec. 24-1.8. Unlawful possession of a firearm by a street
7gang member.
8    (a) A person commits unlawful possession of a firearm by a
9street gang member when he or she knowingly:
10        (1) possesses, carries, or conceals on or about his or
11    her person a firearm and firearm ammunition while on any
12    street, road, alley, gangway, sidewalk, or any other
13    lands, except when inside his or her own abode or inside
14    his or her fixed place of business, and has not been issued
15    a currently valid Firearm Owner's Identification Card and
16    is a member of a street gang; or
17        (2) possesses or carries in any vehicle a firearm and
18    firearm ammunition which are both immediately accessible
19    at the time of the offense while on any street, road,
20    alley, or any other lands, except when inside his or her
21    own abode or garage, and has not been issued a currently
22    valid Firearm Owner's Identification Card and is a member
23    of a street gang.
24    (b) Unlawful possession of a firearm by a street gang
25member is a Class 2 felony for which the person, if sentenced

 

 

HB4807- 6 -LRB102 23821 RLC 35223 b

1to a term of imprisonment, shall be sentenced to no less than 3
2years and no more than 10 years. Unlawful possession of a
3firearm by a street gang member when the firearm possessed
4includes a large capacity ammunition feeding device is a Class
51 felony for which the person shall be sentenced to no less
6than 4 years and no more than 15 years. Unlawful possession of
7a firearm by a street gang member when the firearm is a machine
8gun is a Class X felony for which the person shall be sentenced
9to no less than 6 years and no more than 30 years. A period of
10probation, a term of periodic imprisonment or conditional
11discharge shall not be imposed for the offense of unlawful
12possession of a firearm by a street gang member when the
13firearm was loaded or contained firearm ammunition and the
14court shall sentence the offender to not less than the minimum
15term of imprisonment authorized for the Class 2 felony.
16    (c) For purposes of this Section:
17        "Street gang" or "gang" has the meaning ascribed to it
18    in Section 10 of the Illinois Streetgang Terrorism Omnibus
19    Prevention Act.
20        "Street gang member" or "gang member" has the meaning
21    ascribed to it in Section 10 of the Illinois Streetgang
22    Terrorism Omnibus Prevention Act.
23(Source: P.A. 96-829, eff. 12-3-09.)
 
24    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
25    Sec. 24-3. Unlawful sale or delivery of firearms.

 

 

HB4807- 7 -LRB102 23821 RLC 35223 b

1    (A) A person commits the offense of unlawful sale or
2delivery of firearms when he or she knowingly does any of the
3following:
4        (a) Sells or gives any firearm of a size which may be
5    concealed upon the person to any person under 18 years of
6    age.
7        (b) Sells or gives any firearm to a person under 21
8    years of age who has been convicted of a misdemeanor other
9    than a traffic offense or adjudged delinquent.
10        (c) Sells or gives any firearm to any narcotic addict.
11        (d) Sells or gives any firearm to any person who has
12    been convicted of a felony under the laws of this or any
13    other jurisdiction.
14        (e) Sells or gives any firearm to any person who has
15    been a patient in a mental institution within the past 5
16    years. In this subsection (e):
17            "Mental institution" means any hospital,
18        institution, clinic, evaluation facility, mental
19        health center, or part thereof, which is used
20        primarily for the care or treatment of persons with
21        mental illness.
22            "Patient in a mental institution" means the person
23        was admitted, either voluntarily or involuntarily, to
24        a mental institution for mental health treatment,
25        unless the treatment was voluntary and solely for an
26        alcohol abuse disorder and no other secondary

 

 

HB4807- 8 -LRB102 23821 RLC 35223 b

1        substance abuse disorder or mental illness.
2        (f) Sells or gives any firearms to any person who is a
3    person with an intellectual disability.
4        (g) Delivers any firearm, incidental to a sale,
5    without withholding delivery of the firearm for at least
6    72 hours after application for its purchase has been made,
7    or delivers a stun gun or taser, incidental to a sale,
8    without withholding delivery of the stun gun or taser for
9    at least 24 hours after application for its purchase has
10    been made. However, this paragraph (g) does not apply to:
11    (1) the sale of a firearm to a law enforcement officer if
12    the seller of the firearm knows that the person to whom he
13    or she is selling the firearm is a law enforcement officer
14    or the sale of a firearm to a person who desires to
15    purchase a firearm for use in promoting the public
16    interest incident to his or her employment as a bank
17    guard, armed truck guard, or other similar employment; (2)
18    a mail order sale of a firearm from a federally licensed
19    firearms dealer to a nonresident of Illinois under which
20    the firearm is mailed to a federally licensed firearms
21    dealer outside the boundaries of Illinois; (3) (blank);
22    (4) the sale of a firearm to a dealer licensed as a federal
23    firearms dealer under Section 923 of the federal Gun
24    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
25    sale of any rifle, shotgun, or other long gun to a resident
26    registered competitor or attendee or non-resident

 

 

HB4807- 9 -LRB102 23821 RLC 35223 b

1    registered competitor or attendee by any dealer licensed
2    as a federal firearms dealer under Section 923 of the
3    federal Gun Control Act of 1968 at competitive shooting
4    events held at the World Shooting Complex sanctioned by a
5    national governing body. For purposes of transfers or
6    sales under subparagraph (5) of this paragraph (g), the
7    Department of Natural Resources shall give notice to the
8    Illinois State Police at least 30 calendar days prior to
9    any competitive shooting events at the World Shooting
10    Complex sanctioned by a national governing body. The
11    notification shall be made on a form prescribed by the
12    Illinois State Police. The sanctioning body shall provide
13    a list of all registered competitors and attendees at
14    least 24 hours before the events to the Illinois State
15    Police. Any changes to the list of registered competitors
16    and attendees shall be forwarded to the Illinois State
17    Police as soon as practicable. The Illinois State Police
18    must destroy the list of registered competitors and
19    attendees no later than 30 days after the date of the
20    event. Nothing in this paragraph (g) relieves a federally
21    licensed firearm dealer from the requirements of
22    conducting a NICS background check through the Illinois
23    Point of Contact under 18 U.S.C. 922(t). For purposes of
24    this paragraph (g), "application" means when the buyer and
25    seller reach an agreement to purchase a firearm. For
26    purposes of this paragraph (g), "national governing body"

 

 

HB4807- 10 -LRB102 23821 RLC 35223 b

1    means a group of persons who adopt rules and formulate
2    policy on behalf of a national firearm sporting
3    organization.
4        (h) While holding any license as a dealer, importer,
5    manufacturer or pawnbroker under the federal Gun Control
6    Act of 1968, manufactures, sells or delivers to any
7    unlicensed person a handgun having a barrel, slide, frame
8    or receiver which is a die casting of zinc alloy or any
9    other nonhomogeneous metal which will melt or deform at a
10    temperature of less than 800 degrees Fahrenheit. For
11    purposes of this paragraph, (1) "firearm" is defined as in
12    the Firearm Owners Identification Card Act; and (2)
13    "handgun" is defined as a firearm designed to be held and
14    fired by the use of a single hand, and includes a
15    combination of parts from which such a firearm can be
16    assembled.
17        (i) Sells or gives a firearm of any size to any person
18    under 18 years of age who does not possess a valid Firearm
19    Owner's Identification Card.
20        (j) Sells or gives a firearm while engaged in the
21    business of selling firearms at wholesale or retail
22    without being licensed as a federal firearms dealer under
23    Section 923 of the federal Gun Control Act of 1968 (18
24    U.S.C. 923). In this paragraph (j):
25        A person "engaged in the business" means a person who
26    devotes time, attention, and labor to engaging in the

 

 

HB4807- 11 -LRB102 23821 RLC 35223 b

1    activity as a regular course of trade or business with the
2    principal objective of livelihood and profit, but does not
3    include a person who makes occasional repairs of firearms
4    or who occasionally fits special barrels, stocks, or
5    trigger mechanisms to firearms.
6        "With the principal objective of livelihood and
7    profit" means that the intent underlying the sale or
8    disposition of firearms is predominantly one of obtaining
9    livelihood and pecuniary gain, as opposed to other
10    intents, such as improving or liquidating a personal
11    firearms collection; however, proof of profit shall not be
12    required as to a person who engages in the regular and
13    repetitive purchase and disposition of firearms for
14    criminal purposes or terrorism.
15        (k) Sells or transfers ownership of a firearm to a
16    person who does not display to the seller or transferor of
17    the firearm either: (1) a currently valid Firearm Owner's
18    Identification Card that has previously been issued in the
19    transferee's name by the Illinois State Police under the
20    provisions of the Firearm Owners Identification Card Act;
21    or (2) a currently valid license to carry a concealed
22    firearm that has previously been issued in the
23    transferee's name by the Illinois State Police under the
24    Firearm Concealed Carry Act. This paragraph (k) does not
25    apply to the transfer of a firearm to a person who is
26    exempt from the requirement of possessing a Firearm

 

 

HB4807- 12 -LRB102 23821 RLC 35223 b

1    Owner's Identification Card under Section 2 of the Firearm
2    Owners Identification Card Act. For the purposes of this
3    Section, a currently valid Firearm Owner's Identification
4    Card or license to carry a concealed firearm means receipt
5    of an approval number issued in accordance with subsection
6    (a-10) of Section subsection 3 or Section 3.1 of the
7    Firearm Owners Identification Card Act.
8            (1) In addition to the other requirements of this
9        paragraph (k), all persons who are not federally
10        licensed firearms dealers must also have complied with
11        subsection (a-10) of Section 3 of the Firearm Owners
12        Identification Card Act by determining the validity of
13        a purchaser's Firearm Owner's Identification Card.
14            (2) All sellers or transferors who have complied
15        with the requirements of subparagraph (1) of this
16        paragraph (k) shall not be liable for damages in any
17        civil action arising from the use or misuse by the
18        transferee of the firearm transferred, except for
19        willful or wanton misconduct on the part of the seller
20        or transferor.
21        (l) Not being entitled to the possession of a firearm,
22    delivers the firearm, knowing it to have been stolen or
23    converted. It may be inferred that a person who possesses
24    a firearm with knowledge that its serial number has been
25    removed or altered has knowledge that the firearm is
26    stolen or converted.

 

 

HB4807- 13 -LRB102 23821 RLC 35223 b

1    (B) Paragraph (h) of subsection (A) does not include
2firearms sold within 6 months after enactment of Public Act
378-355 (approved August 21, 1973, effective October 1, 1973),
4nor is any firearm legally owned or possessed by any citizen or
5purchased by any citizen within 6 months after the enactment
6of Public Act 78-355 subject to confiscation or seizure under
7the provisions of that Public Act. Nothing in Public Act
878-355 shall be construed to prohibit the gift or trade of any
9firearm if that firearm was legally held or acquired within 6
10months after the enactment of that Public Act.
11        (m) Sells or gives a firearm to a person who has been
12    convicted of a felony or who is a streetgang member.
13        (n) Sells or gives a firearm that has been purchased
14    or acquired out of state to a person who has been convicted
15    of a felony or who is a streetgang member.
16    (C) Sentence.
17        (1) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (c), (e), (f), (g),
19    or (h) of subsection (A) commits a Class 4 felony.
20        (2) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (b) or (i) of
22    subsection (A) commits a Class 3 felony.
23        (3) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (a) of subsection
25    (A) commits a Class 2 felony.
26        (4) Any person convicted of unlawful sale or delivery

 

 

HB4807- 14 -LRB102 23821 RLC 35223 b

1    of firearms in violation of paragraph (a), (b), or (i) of
2    subsection (A) in any school, on the real property
3    comprising a school, within 1,000 feet of the real
4    property comprising a school, at a school related
5    activity, or on or within 1,000 feet of any conveyance
6    owned, leased, or contracted by a school or school
7    district to transport students to or from school or a
8    school related activity, regardless of the time of day or
9    time of year at which the offense was committed, commits a
10    Class 1 felony. Any person convicted of a second or
11    subsequent violation of unlawful sale or delivery of
12    firearms in violation of paragraph (a), (b), or (i) of
13    subsection (A) in any school, on the real property
14    comprising a school, within 1,000 feet of the real
15    property comprising a school, at a school related
16    activity, or on or within 1,000 feet of any conveyance
17    owned, leased, or contracted by a school or school
18    district to transport students to or from school or a
19    school related activity, regardless of the time of day or
20    time of year at which the offense was committed, commits a
21    Class 1 felony for which the sentence shall be a term of
22    imprisonment of no less than 5 years and no more than 15
23    years.
24        (5) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (a) or (i) of
26    subsection (A) in residential property owned, operated, or

 

 

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1    managed by a public housing agency or leased by a public
2    housing agency as part of a scattered site or mixed-income
3    development, in a public park, in a courthouse, on
4    residential property owned, operated, or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development,
7    on the real property comprising any public park, on the
8    real property comprising any courthouse, or on any public
9    way within 1,000 feet of the real property comprising any
10    public park, courthouse, or residential property owned,
11    operated, or managed by a public housing agency or leased
12    by a public housing agency as part of a scattered site or
13    mixed-income development commits a Class 2 felony.
14        (6) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (j) of subsection
16    (A) commits a Class A misdemeanor. A second or subsequent
17    violation is a Class 4 felony.
18        (7) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (k) of subsection
20    (A) commits a Class 4 felony, except that a violation of
21    subparagraph (1) of paragraph (k) of subsection (A) shall
22    not be punishable as a crime or petty offense. A third or
23    subsequent conviction for a violation of paragraph (k) of
24    subsection (A) is a Class 1 felony.
25        (8) A person 18 years of age or older convicted of
26    unlawful sale or delivery of firearms in violation of

 

 

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1    paragraph (a) or (i) of subsection (A), when the firearm
2    that was sold or given to another person under 18 years of
3    age was used in the commission of or attempt to commit a
4    forcible felony, shall be fined or imprisoned, or both,
5    not to exceed the maximum provided for the most serious
6    forcible felony so committed or attempted by the person
7    under 18 years of age who was sold or given the firearm.
8        (9) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (d) of subsection
10    (A) commits a Class 3 felony.
11        (10) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (l) of subsection
13    (A) commits a Class 2 felony if the delivery is of one
14    firearm. Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (l) of subsection
16    (A) commits a Class 1 felony if the delivery is of not less
17    than 2 and not more than 5 firearms at the same time or
18    within a one-year one year period. Any person convicted of
19    unlawful sale or delivery of firearms in violation of
20    paragraph (l) of subsection (A) commits a Class X felony
21    for which he or she shall be sentenced to a term of
22    imprisonment of not less than 6 years and not more than 30
23    years if the delivery is of not less than 6 and not more
24    than 10 firearms at the same time or within a 2-year 2 year
25    period. Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (l) of subsection

 

 

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1    (A) commits a Class X felony for which he or she shall be
2    sentenced to a term of imprisonment of not less than 6
3    years and not more than 40 years if the delivery is of not
4    less than 11 and not more than 20 firearms at the same time
5    or within a 3-year 3 year period. Any person convicted of
6    unlawful sale or delivery of firearms in violation of
7    paragraph (l) of subsection (A) commits a Class X felony
8    for which he or she shall be sentenced to a term of
9    imprisonment of not less than 6 years and not more than 50
10    years if the delivery is of not less than 21 and not more
11    than 30 firearms at the same time or within a 4-year 4 year
12    period. Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (l) of subsection
14    (A) commits a Class X felony for which he or she shall be
15    sentenced to a term of imprisonment of not less than 6
16    years and not more than 60 years if the delivery is of 31
17    or more firearms at the same time or within a 5-year 5 year
18    period.
19        (11) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (m) of subsection
21    (A) commits a Class 2 felony.
22        (12) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (n) of subsection
24    (A) commits a Class 2 felony.
25    (D) For purposes of this Section:
26    "School" means a public or private elementary or secondary

 

 

HB4807- 18 -LRB102 23821 RLC 35223 b

1school, community college, college, or university.
2    "School related activity" means any sporting, social,
3academic, or other activity for which students' attendance or
4participation is sponsored, organized, or funded in whole or
5in part by a school or school district.
6    "Streetgang" or "gang" has the meaning ascribed to it in
7Section 10 of the Illinois Streetgang Terrorism Omnibus
8Prevention Act.
9    "Streetgang member" or "gang member" has the meaning
10ascribed to it in Section 10 of the Illinois Streetgang
11Terrorism Omnibus Prevention Act.
12    (E) A prosecution for a violation of paragraph (k) of
13subsection (A) of this Section may be commenced within 6 years
14after the commission of the offense. A prosecution for a
15violation of this Section other than paragraph (g) of
16subsection (A) of this Section may be commenced within 5 years
17after the commission of the offense defined in the particular
18paragraph.
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20revised 10-12-21.)
 
21    Section 10. The Unified Code of Corrections is amended by
22changing Section 5-5-3 as follows:
 
23    (730 ILCS 5/5-5-3)
24    Sec. 5-5-3. Disposition.

 

 

HB4807- 19 -LRB102 23821 RLC 35223 b

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

 

 

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1    any state or federal conviction for an offense that
2    contained, at the time it was committed, the same elements
3    as an offense now (the date of the offense committed after
4    the prior Class 1 or greater felony) classified as a Class
5    1 or greater felony, within 10 years of the date on which
6    the offender committed the offense for which he or she is
7    being sentenced, except as otherwise provided in Section
8    40-10 of the Substance Use Disorder Act.
9        (F-3) A Class 2 or greater felony sex offense or
10    felony firearm offense if the offender had been convicted
11    of a Class 2 or greater felony, including any state or
12    federal conviction for an offense that contained, at the
13    time it was committed, the same elements as an offense now
14    (the date of the offense committed after the prior Class 2
15    or greater felony) classified as a Class 2 or greater
16    felony, within 10 years of the date on which the offender
17    committed the offense for which he or she is being
18    sentenced, except as otherwise provided in Section 40-10
19    of the Substance Use Disorder Act.
20        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
21    of the Criminal Code of 1961 or the Criminal Code of 2012
22    for which imprisonment is prescribed in those Sections.
23        (G) Residential burglary, except as otherwise provided
24    in Section 40-10 of the Substance Use Disorder Act.
25        (H) Criminal sexual assault.
26        (I) Aggravated battery of a senior citizen as

 

 

HB4807- 21 -LRB102 23821 RLC 35223 b

1    described in Section 12-4.6 or subdivision (a)(4) of
2    Section 12-3.05 of the Criminal Code of 1961 or the
3    Criminal Code of 2012.
4        (J) A forcible felony if the offense was related to
5    the activities of an organized gang.
6        Before July 1, 1994, for the purposes of this
7    paragraph, "organized gang" means an association of 5 or
8    more persons, with an established hierarchy, that
9    encourages members of the association to perpetrate crimes
10    or provides support to the members of the association who
11    do commit crimes.
12        Beginning July 1, 1994, for the purposes of this
13    paragraph, "organized gang" has the meaning ascribed to it
14    in Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        (K) Vehicular hijacking.
17        (L) A second or subsequent conviction for the offense
18    of hate crime when the underlying offense upon which the
19    hate crime is based is felony aggravated assault or felony
20    mob action.
21        (M) A second or subsequent conviction for the offense
22    of institutional vandalism if the damage to the property
23    exceeds $300.
24        (N) A Class 3 felony violation of paragraph (1) of
25    subsection (a) of Section 2 of the Firearm Owners
26    Identification Card Act.

 

 

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1        (O) A violation of Section 12-6.1 or 12-6.5 of the
2    Criminal Code of 1961 or the Criminal Code of 2012.
3        (P) A violation of paragraph (1), (2), (3), (4), (5),
4    or (7) of subsection (a) of Section 11-20.1 of the
5    Criminal Code of 1961 or the Criminal Code of 2012.
6        (P-5) A violation of paragraph (6) of subsection (a)
7    of Section 11-20.1 of the Criminal Code of 1961 or the
8    Criminal Code of 2012 if the victim is a household or
9    family member of the defendant.
10        (Q) A violation of subsection (b) or (b-5) of Section
11    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
12    Code of 1961 or the Criminal Code of 2012.
13        (R) A violation of Section 24-3A of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (S) (Blank).
16        (T) (Blank).
17        (U) A second or subsequent violation of Section 6-303
18    of the Illinois Vehicle Code committed while his or her
19    driver's license, permit, or privilege was revoked because
20    of a violation of Section 9-3 of the Criminal Code of 1961
21    or the Criminal Code of 2012, relating to the offense of
22    reckless homicide, or a similar provision of a law of
23    another state.
24        (V) A violation of paragraph (4) of subsection (c) of
25    Section 11-20.1B or paragraph (4) of subsection (c) of
26    Section 11-20.3 of the Criminal Code of 1961, or paragraph

 

 

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1    (6) of subsection (a) of Section 11-20.1 of the Criminal
2    Code of 2012 when the victim is under 13 years of age and
3    the defendant has previously been convicted under the laws
4    of this State or any other state of the offense of child
5    pornography, aggravated child pornography, aggravated
6    criminal sexual abuse, aggravated criminal sexual assault,
7    predatory criminal sexual assault of a child, or any of
8    the offenses formerly known as rape, deviate sexual
9    assault, indecent liberties with a child, or aggravated
10    indecent liberties with a child where the victim was under
11    the age of 18 years or an offense that is substantially
12    equivalent to those offenses.
13        (W) A violation of Section 24-3.5 of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (X) A violation of subsection (a) of Section 31-1a of
16    the Criminal Code of 1961 or the Criminal Code of 2012.
17        (Y) A conviction for unlawful possession of a firearm
18    by a street gang member when the firearm was loaded or
19    contained firearm ammunition.
20        (Z) A Class 1 felony committed while he or she was
21    serving a term of probation or conditional discharge for a
22    felony.
23        (AA) Theft of property exceeding $500,000 and not
24    exceeding $1,000,000 in value.
25        (BB) Laundering of criminally derived property of a
26    value exceeding $500,000.

 

 

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1        (CC) Knowingly selling, offering for sale, holding for
2    sale, or using 2,000 or more counterfeit items or
3    counterfeit items having a retail value in the aggregate
4    of $500,000 or more.
5        (DD) A conviction for aggravated assault under
6    paragraph (6) of subsection (c) of Section 12-2 of the
7    Criminal Code of 1961 or the Criminal Code of 2012 if the
8    firearm is aimed toward the person against whom the
9    firearm is being used.
10        (EE) A conviction for a violation of paragraph (2) of
11    subsection (a) of Section 24-3B of the Criminal Code of
12    2012.
13        (FF) A second or subsequent conviction for a violation
14    of paragraph (m) or (n) of subsection (A) of Section 24-3
15    of the Criminal Code of 2012.
16    (3) (Blank).
17    (4) A minimum term of imprisonment of not less than 10
18consecutive days or 30 days of community service shall be
19imposed for a violation of paragraph (c) of Section 6-303 of
20the Illinois Vehicle Code.
21    (4.1) (Blank).
22    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
23this subsection (c), a minimum of 100 hours of community
24service shall be imposed for a second violation of Section
256-303 of the Illinois Vehicle Code.
26    (4.3) A minimum term of imprisonment of 30 days or 300

 

 

HB4807- 25 -LRB102 23821 RLC 35223 b

1hours of community service, as determined by the court, shall
2be imposed for a second violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4    (4.4) Except as provided in paragraphs (4.5), (4.6), and
5(4.9) of this subsection (c), a minimum term of imprisonment
6of 30 days or 300 hours of community service, as determined by
7the court, shall be imposed for a third or subsequent
8violation of Section 6-303 of the Illinois Vehicle Code. The
9court may give credit toward the fulfillment of community
10service hours for participation in activities and treatment as
11determined by court services.
12    (4.5) A minimum term of imprisonment of 30 days shall be
13imposed for a third violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15    (4.6) Except as provided in paragraph (4.10) of this
16subsection (c), a minimum term of imprisonment of 180 days
17shall be imposed for a fourth or subsequent violation of
18subsection (c) of Section 6-303 of the Illinois Vehicle Code.
19    (4.7) A minimum term of imprisonment of not less than 30
20consecutive days, or 300 hours of community service, shall be
21imposed for a violation of subsection (a-5) of Section 6-303
22of the Illinois Vehicle Code, as provided in subsection (b-5)
23of that Section.
24    (4.8) A mandatory prison sentence shall be imposed for a
25second violation of subsection (a-5) of Section 6-303 of the
26Illinois Vehicle Code, as provided in subsection (c-5) of that

 

 

HB4807- 26 -LRB102 23821 RLC 35223 b

1Section. The person's driving privileges shall be revoked for
2a period of not less than 5 years from the date of his or her
3release from prison.
4    (4.9) A mandatory prison sentence of not less than 4 and
5not more than 15 years shall be imposed for a third violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-2.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10    (4.10) A mandatory prison sentence for a Class 1 felony
11shall be imposed, and the person shall be eligible for an
12extended term sentence, for a fourth or subsequent violation
13of subsection (a-5) of Section 6-303 of the Illinois Vehicle
14Code, as provided in subsection (d-3.5) of that Section. The
15person's driving privileges shall be revoked for the remainder
16of his or her life.
17    (5) The court may sentence a corporation or unincorporated
18association convicted of any offense to:
19        (A) a period of conditional discharge;
20        (B) a fine;
21        (C) make restitution to the victim under Section 5-5-6
22    of this Code.
23    (5.1) In addition to any other penalties imposed, and
24except as provided in paragraph (5.2) or (5.3), a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

HB4807- 27 -LRB102 23821 RLC 35223 b

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

 

 

HB4807- 28 -LRB102 23821 RLC 35223 b

1after the expiration of the original 3-month suspension and
2until he or she has paid a reinstatement fee of $100.
3    (6) (Blank).
4    (7) (Blank).
5    (8) (Blank).
6    (9) A defendant convicted of a second or subsequent
7offense of ritualized abuse of a child may be sentenced to a
8term of natural life imprisonment.
9    (10) (Blank).
10    (11) The court shall impose a minimum fine of $1,000 for a
11first offense and $2,000 for a second or subsequent offense
12upon a person convicted of or placed on supervision for
13battery when the individual harmed was a sports official or
14coach at any level of competition and the act causing harm to
15the sports official or coach occurred within an athletic
16facility or within the immediate vicinity of the athletic
17facility at which the sports official or coach was an active
18participant of the athletic contest held at the athletic
19facility. For the purposes of this paragraph (11), "sports
20official" means a person at an athletic contest who enforces
21the rules of the contest, such as an umpire or referee;
22"athletic facility" means an indoor or outdoor playing field
23or recreational area where sports activities are conducted;
24and "coach" means a person recognized as a coach by the
25sanctioning authority that conducted the sporting event.
26    (12) A person may not receive a disposition of court

 

 

HB4807- 29 -LRB102 23821 RLC 35223 b

1supervision for a violation of Section 5-16 of the Boat
2Registration and Safety Act if that person has previously
3received a disposition of court supervision for a violation of
4that Section.
5    (13) A person convicted of or placed on court supervision
6for an assault or aggravated assault when the victim and the
7offender are family or household members as defined in Section
8103 of the Illinois Domestic Violence Act of 1986 or convicted
9of domestic battery or aggravated domestic battery may be
10required to attend a Partner Abuse Intervention Program under
11protocols set forth by the Illinois Department of Human
12Services under such terms and conditions imposed by the court.
13The costs of such classes shall be paid by the offender.
14    (d) In any case in which a sentence originally imposed is
15vacated, the case shall be remanded to the trial court. The
16trial court shall hold a hearing under Section 5-4-1 of this
17Code which may include evidence of the defendant's life, moral
18character and occupation during the time since the original
19sentence was passed. The trial court shall then impose
20sentence upon the defendant. The trial court may impose any
21sentence which could have been imposed at the original trial
22subject to Section 5-5-4 of this Code. If a sentence is vacated
23on appeal or on collateral attack due to the failure of the
24trier of fact at trial to determine beyond a reasonable doubt
25the existence of a fact (other than a prior conviction)
26necessary to increase the punishment for the offense beyond

 

 

HB4807- 30 -LRB102 23821 RLC 35223 b

1the statutory maximum otherwise applicable, either the
2defendant may be re-sentenced to a term within the range
3otherwise provided or, if the State files notice of its
4intention to again seek the extended sentence, the defendant
5shall be afforded a new trial.
6    (e) In cases where prosecution for aggravated criminal
7sexual abuse under Section 11-1.60 or 12-16 of the Criminal
8Code of 1961 or the Criminal Code of 2012 results in conviction
9of a defendant who was a family member of the victim at the
10time of the commission of the offense, the court shall
11consider the safety and welfare of the victim and may impose a
12sentence of probation only where:
13        (1) the court finds (A) or (B) or both are
14    appropriate:
15            (A) the defendant is willing to undergo a court
16        approved counseling program for a minimum duration of
17        2 years; or
18            (B) the defendant is willing to participate in a
19        court approved plan, including, but not limited to,
20        the defendant's:
21                (i) removal from the household;
22                (ii) restricted contact with the victim;
23                (iii) continued financial support of the
24            family;
25                (iv) restitution for harm done to the victim;
26            and

 

 

HB4807- 31 -LRB102 23821 RLC 35223 b

1                (v) compliance with any other measures that
2            the court may deem appropriate; and
3        (2) the court orders the defendant to pay for the
4    victim's counseling services, to the extent that the court
5    finds, after considering the defendant's income and
6    assets, that the defendant is financially capable of
7    paying for such services, if the victim was under 18 years
8    of age at the time the offense was committed and requires
9    counseling as a result of the offense.
10    Probation may be revoked or modified pursuant to Section
115-6-4; except where the court determines at the hearing that
12the defendant violated a condition of his or her probation
13restricting contact with the victim or other family members or
14commits another offense with the victim or other family
15members, the court shall revoke the defendant's probation and
16impose a term of imprisonment.
17    For the purposes of this Section, "family member" and
18"victim" shall have the meanings ascribed to them in Section
1911-0.1 of the Criminal Code of 2012.
20    (f) (Blank).
21    (g) Whenever a defendant is convicted of an offense under
22Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2311-14.3, 11-14.4 except for an offense that involves keeping a
24place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2612-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

 

 

HB4807- 32 -LRB102 23821 RLC 35223 b

1Criminal Code of 2012, the defendant shall undergo medical
2testing to determine whether the defendant has any sexually
3transmissible disease, including a test for infection with
4human immunodeficiency virus (HIV) or any other identified
5causative agent of acquired immunodeficiency syndrome (AIDS).
6Any such medical test shall be performed only by appropriately
7licensed medical practitioners and may include an analysis of
8any bodily fluids as well as an examination of the defendant's
9person. Except as otherwise provided by law, the results of
10such test shall be kept strictly confidential by all medical
11personnel involved in the testing and must be personally
12delivered in a sealed envelope to the judge of the court in
13which the conviction was entered for the judge's inspection in
14camera. Acting in accordance with the best interests of the
15victim and the public, the judge shall have the discretion to
16determine to whom, if anyone, the results of the testing may be
17revealed. The court shall notify the defendant of the test
18results. The court shall also notify the victim if requested
19by the victim, and if the victim is under the age of 15 and if
20requested by the victim's parents or legal guardian, the court
21shall notify the victim's parents or legal guardian of the
22test results. The court shall provide information on the
23availability of HIV testing and counseling at Department of
24Public Health facilities to all parties to whom the results of
25the testing are revealed and shall direct the State's Attorney
26to provide the information to the victim when possible. The

 

 

HB4807- 33 -LRB102 23821 RLC 35223 b

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

 

 

HB4807- 34 -LRB102 23821 RLC 35223 b

1discretion to determine to whom, if anyone, the results of the
2testing may be revealed. The court shall notify the defendant
3of a positive test showing an infection with the human
4immunodeficiency virus (HIV). The court shall provide
5information on the availability of HIV testing and counseling
6at Department of Public Health facilities to all parties to
7whom the results of the testing are revealed and shall direct
8the State's Attorney to provide the information to the victim
9when possible. The court shall order that the cost of any such
10test shall be paid by the county and may be taxed as costs
11against 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 the Criminal
18and Traffic Assessment 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

 

 

HB4807- 35 -LRB102 23821 RLC 35223 b

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

 

 

HB4807- 36 -LRB102 23821 RLC 35223 b

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

 

 

HB4807- 37 -LRB102 23821 RLC 35223 b

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

 

 

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

 

 

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1    (n) The court may sentence a person convicted of a
2violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
3subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
4of 1961 or the Criminal Code of 2012 (i) to an impact
5incarceration program if the person is otherwise eligible for
6that program under Section 5-8-1.1, (ii) to community service,
7or (iii) if the person has a substance use disorder, as defined
8in the Substance Use Disorder Act, to a treatment program
9licensed under that Act.
10    (o) Whenever a person is convicted of a sex offense as
11defined in Section 2 of the Sex Offender Registration Act, the
12defendant's driver's license or permit shall be subject to
13renewal on an annual basis in accordance with the provisions
14of license renewal established by the Secretary of State.
15(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
16102-531, eff. 1-1-22; revised 10-12-21.)