Illinois General Assembly - Full Text of SB2928
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Full Text of SB2928  102nd General Assembly

SB2928 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2928

 

Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/18-4
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2  from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.7
720 ILCS 5/24-3.7
730 ILCS 5/5-4.5-110
730 ILCS 5/5-5-3
730 ILCS 5/5-8-4  from Ch. 38, par. 1005-8-4

    Amends the Criminal Code of 2012. Provides for enhanced sentencing for: (1) aggravated vehicular hijacking; (2) unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities; (3) aggravated discharge of a firearm; (4) being an armed habitual criminal; and (5) use of a stolen or illegally acquired firearm in the commission of an offense. Adds additional protected classes of persons for which the offense of aggravated discharge of a firearm applies. Amends the Unified Code of Corrections to make conforming changes.


LRB102 20124 RLC 28976 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2928LRB102 20124 RLC 28976 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 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as
6follows:
 
7    (720 ILCS 5/18-4)
8    Sec. 18-4. Aggravated vehicular hijacking.
9    (a) A person commits aggravated vehicular hijacking when
10he or she violates Section 18-3; and
11        (1) the person from whose immediate presence the motor
12    vehicle is taken is a person with a physical disability or
13    a person 60 years of age or over; or
14        (2) a person under 16 years of age is a passenger in
15    the motor vehicle at the time of the offense; or
16        (3) he or she carries on or about his or her person, or
17    is otherwise armed with a dangerous weapon, other than a
18    firearm; or
19        (4) he or she carries on or about his or her person or
20    is otherwise armed with a firearm; or
21        (5) he or she, during the commission of the offense,
22    personally discharges a firearm; or
23        (6) he or she, during the commission of the offense,

 

 

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1    personally discharges a firearm that proximately causes
2    great bodily harm, permanent disability, permanent
3    disfigurement, or death to another person.
4    (b) Sentence. Aggravated vehicular hijacking is a Class X
5felony for a first offense for which a term of imprisonment of
6not less than 10 years and not more than 60 years shall be
7imposed. A second or subsequent offense is a Class X felony for
8which a term of natural life imprisonment shall be imposed in
9violation of subsections (a)(1) or (a)(2) is a Class X felony.
10A violation of subsection (a)(3) is a Class X felony for which
11a term of imprisonment of not less than 7 years shall be
12imposed. A violation of subsection (a)(4) is a Class X felony
13for which 15 years shall be added to the term of imprisonment
14imposed by the court. A violation of subsection (a)(5) is a
15Class X felony for which 20 years shall be added to the term of
16imprisonment imposed by the court. A violation of subsection
17(a)(6) is a Class X felony for which 25 years or up to a term
18of natural life shall be added to the term of imprisonment
19imposed by the court.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
22    Sec. 24-1.1. Unlawful use or possession of weapons by
23felons or persons in the custody of the Department of
24Corrections facilities.
25    (a) It is unlawful for a person to knowingly possess on or

 

 

SB2928- 3 -LRB102 20124 RLC 28976 b

1about his person or on his land or in his own abode or fixed
2place of business any weapon prohibited under Section 24-1 of
3this Act or any firearm or any firearm ammunition if the person
4has been convicted of a felony under the laws of this State or
5any other jurisdiction. This Section shall not apply if the
6person has been granted relief by the Director of the
7Department of State Police under Section 10 of the Firearm
8Owners Identification Card Act.
9    (b) It is unlawful for any person confined in a penal
10institution, which is a facility of the Illinois Department of
11Corrections, to possess any weapon prohibited under Section
1224-1 of this Code or any firearm or firearm ammunition,
13regardless of the intent with which he possesses it.
14    (c) It shall be an affirmative defense to a violation of
15subsection (b), that such possession was specifically
16authorized by rule, regulation, or directive of the Illinois
17Department of Corrections or order issued pursuant thereto.
18    (d) The defense of necessity is not available to a person
19who is charged with a violation of subsection (b) of this
20Section.
21    (e) Sentence. Violation of this Section is a Class X
22felony for a first offense for which a term of imprisonment of
23not less than 10 years shall be imposed. A second or subsequent
24offense is a Class X felony for which a term of natural life
25imprisonment shall be imposed by a person not confined in a
26penal institution shall be a Class 3 felony for which the

 

 

SB2928- 4 -LRB102 20124 RLC 28976 b

1person shall be sentenced to no less than 2 years and no more
2than 10 years. A second or subsequent violation of this
3Section shall be a Class 2 felony for which the person shall be
4sentenced to a term of imprisonment of 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
8who has been convicted of a forcible felony, a felony
9violation of Article 24 of this Code or of the Firearm Owners
10Identification Card Act, stalking or aggravated stalking, or a
11Class 2 or greater felony under the Illinois Controlled
12Substances Act, the Cannabis Control Act, or the
13Methamphetamine Control and Community Protection Act is a
14Class 2 felony for which the person shall be sentenced to not
15less than 3 years and not more than 14 years, except as
16provided for in Section 5-4.5-110 of the Unified Code of
17Corrections. Violation of this Section by a person who is on
18parole or mandatory supervised release is a Class 2 felony for
19which the person shall be sentenced to not less than 3 years
20and not more than 14 years, except as provided for in Section
215-4.5-110 of the Unified Code of Corrections. Violation of
22this Section by a person not confined in a penal institution is
23a Class X felony when the firearm possessed is a machine gun.
24Any person who violates this Section while confined in a penal
25institution, which is a facility of the Illinois Department of
26Corrections, is guilty of a Class 1 felony, if he possesses any

 

 

SB2928- 5 -LRB102 20124 RLC 28976 b

1weapon prohibited under Section 24-1 of this Code regardless
2of the intent with which he possesses it, a Class X felony if
3he possesses any firearm, firearm ammunition or explosive, and
4a Class X felony for which the offender shall be sentenced to
5not less than 12 years and not more than 50 years when the
6firearm possessed is a machine gun. A violation of this
7Section while wearing or in possession of body armor as
8defined in Section 33F-1 is a Class X felony punishable by a
9term of imprisonment of not less than 10 years and not more
10than 40 years. The possession of each firearm or firearm
11ammunition in violation of this Section constitutes a single
12and separate violation.
13(Source: P.A. 100-3, eff. 1-1-18.)
 
14    (720 ILCS 5/24-1.2)  (from Ch. 38, par. 24-1.2)
15    Sec. 24-1.2. Aggravated discharge of a firearm.
16    (a) A person commits aggravated discharge of a firearm
17when he or she knowingly or intentionally:
18        (1) Discharges a firearm at or into a building he or
19    she knows or reasonably should know to be occupied and the
20    firearm is discharged from a place or position outside
21    that building;
22        (2) Discharges a firearm in the direction of another
23    person or in the direction of a vehicle he or she knows or
24    reasonably should know to be occupied by a person;
25        (3) Discharges a firearm in the direction of a person

 

 

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1    he or she knows to be a peace officer, a community policing
2    volunteer, a correctional institution employee, or a
3    fireman while the officer, volunteer, employee or fireman
4    is engaged in the execution of any of his or her official
5    duties, or to prevent the officer, volunteer, employee or
6    fireman from performing his or her official duties, or in
7    retaliation for the officer, volunteer, employee or
8    fireman performing his or her official duties;
9        (4) Discharges a firearm in the direction of a vehicle
10    he or she knows to be occupied by a peace officer, a person
11    summoned or directed by a peace officer, a correctional
12    institution employee or a fireman while the officer,
13    employee or fireman is engaged in the execution of any of
14    his or her official duties, or to prevent the officer,
15    employee or fireman from performing his or her official
16    duties, or in retaliation for the officer, employee or
17    fireman performing his or her official duties;
18        (5) Discharges a firearm in the direction of a person
19    he or she knows to be emergency medical services personnel
20    who is engaged in the execution of any of his or her
21    official duties, or to prevent the emergency medical
22    services personnel from performing his or her official
23    duties, or in retaliation for the emergency medical
24    services personnel performing his or her official duties;
25        (6) Discharges a firearm in the direction of a vehicle
26    he or she knows to be occupied by emergency medical

 

 

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1    services personnel while the emergency medical services
2    personnel is engaged in the execution of any of his or her
3    official duties, or to prevent the emergency medical
4    services personnel from performing his or her official
5    duties, or in retaliation for the emergency medical
6    services personnel performing his or her official duties;
7        (7) Discharges a firearm in the direction of a person
8    he or she knows to be a teacher or other person employed in
9    any school and the teacher or other employee is upon the
10    grounds of a school or grounds adjacent to a school, or is
11    in any part of a building used for school purposes;
12        (8) Discharges a firearm in the direction of a person
13    he or she knows to be an emergency management worker while
14    the emergency management worker is engaged in the
15    execution of any of his or her official duties, or to
16    prevent the emergency management worker from performing
17    his or her official duties, or in retaliation for the
18    emergency management worker performing his or her official
19    duties; or
20        (9) Discharges a firearm in the direction of a vehicle
21    he or she knows to be occupied by an emergency management
22    worker while the emergency management worker is engaged in
23    the execution of any of his or her official duties, or to
24    prevent the emergency management worker from performing
25    his or her official duties, or in retaliation for the
26    emergency management worker performing his or her official

 

 

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1    duties; .
2        (10) discharges a firearm in the direction of a person
3    he or she knows to be a person under 18 years old;
4        (11) discharges a firearm in the direction of a person
5    he or she knows to be a veteran;
6        (12) discharges a firearm in the direction of a person
7    he or she knows to be 60 years of age or older;
8        (13) discharges a firearm in the direction of a person
9    he or she knows to be pregnant or has a physical
10    disability;
11        (14) discharges a firearm in the direction of a person
12    he or she knows to be gathering for worship;
13        (15) discharges a firearm in the direction of a person
14    he or she knows to be boarding or riding public transit;
15        (16) discharges a firearm in the direction of a person
16    he or she knows to be a student at an institution of higher
17    education;
18        (17) discharges a firearm in the direction of a person
19    who is in a public roadway, park, public housing, school,
20    building under the control of the State or a unit of local
21    government, church, hospital, nursing home, or any bus,
22    train, or form of transportation paid for in whole or in
23    part with public funds, or any building, real property, or
24    parking area under the control of a public transportation
25    facility paid for in whole or in part with public funds; or
26        (18) discharges a firearm during the commission or

 

 

SB2928- 9 -LRB102 20124 RLC 28976 b

1    attempted commission of vehicular hijacking.
2    (b) A violation of subsection (a)(1) or subsection (a)(2)
3of this Section is a Class 1 felony. A violation of subsection
4(a)(1) or (a)(2) of this Section committed in a school, on the
5real property comprising a school, within 1,000 feet of the
6real property comprising a school, at a school related
7activity or on or within 1,000 feet of any conveyance owned,
8leased, or contracted by a school to transport students to or
9from school or a school related activity, regardless of the
10time of day or time of year that the offense was committed is a
11Class X felony. A violation of subsection (a)(3), (a)(4),
12(a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11),
13(a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or
14(a)(18) of this Section is a Class X felony for which the
15sentence shall be a term of imprisonment of no less than 10
16years and not more than 45 years.
17    (c) For purposes of this Section:
18    "Emergency medical services personnel" has the meaning
19specified in Section 3.5 of the Emergency Medical Services
20(EMS) Systems Act and shall include all ambulance crew
21members, including drivers or pilots.
22    "School" means a public or private elementary or secondary
23school, community college, college, or university.
24    "School related activity" means any sporting, social,
25academic, or other activity for which students' attendance or
26participation is sponsored, organized, or funded in whole or

 

 

SB2928- 10 -LRB102 20124 RLC 28976 b

1in part by a school or school district.
2(Source: P.A. 99-816, eff. 8-15-16.)
 
3    (720 ILCS 5/24-1.7)
4    Sec. 24-1.7. Armed habitual criminal.
5    (a) A person commits the offense of being an armed
6habitual criminal if he or she receives, sells, possesses, or
7transfers any firearm after having been convicted a total of 2
8or more times of any combination of the following offenses:
9        (1) a forcible felony as defined in Section 2-8 of
10    this Code;
11        (2) unlawful use of a weapon by a felon; aggravated
12    unlawful use of a weapon; aggravated discharge of a
13    firearm; vehicular hijacking; aggravated vehicular
14    hijacking; aggravated battery of a child as described in
15    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
16    intimidation; aggravated intimidation; gunrunning; home
17    invasion; or aggravated battery with a firearm as
18    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
19    (e)(3), or (e)(4) of Section 12-3.05; or
20        (3) any violation of the Illinois Controlled
21    Substances Act or the Cannabis Control Act that is
22    punishable as a Class 3 felony or higher.
23    (b) Sentence. Being an armed habitual criminal is a Class
24X felony for a first offense for which a term of imprisonment
25of not less than 10 years and not more than 30 years shall be

 

 

SB2928- 11 -LRB102 20124 RLC 28976 b

1imposed. A second or subsequent offense is a Class X felony for
2which a term of natural life imprisonment shall be imposed.
3(Source: P.A. 96-1551, eff. 7-1-11.)
 
4    (720 ILCS 5/24-3.7)
5    Sec. 24-3.7. Use of a stolen or illegally acquired firearm
6in the commission of an offense.
7    (a) A person commits the offense of use of a stolen or
8illegally acquired firearm in the commission of an offense
9when he or she knowingly uses a stolen or illegally acquired
10firearm in the commission of any offense and the person knows
11that the firearm was stolen or illegally acquired.
12    (b) Sentence. Use of a stolen or illegally acquired
13firearm in the commission of an offense is a Class X felony for
14a first offense for which a term of imprisonment of not less
15than 10 years shall be imposed. A second or subsequent offense
16is a Class X felony for which a term of natural life
17imprisonment shall be imposed 2 felony.
18    (c) "Illegally acquired firearm" means a firearm acquired
19in violation of Section 24-3.
20(Source: P.A. 96-190, eff. 1-1-10.)
 
21    Section 10. The Unified Code of Corrections is amended by
22changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows:
 
23    (730 ILCS 5/5-4.5-110)

 

 

SB2928- 12 -LRB102 20124 RLC 28976 b

1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
3PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
4    (a) DEFINITIONS. For the purposes of this Section:
5        "Firearm" has the meaning ascribed to it in Section
6    1.1 of the Firearm Owners Identification Card Act.
7        "Qualifying predicate offense" means the following
8    offenses under the Criminal Code of 2012:
9            (A) aggravated unlawful use of a weapon under
10        Section 24-1.6 or similar offense under the Criminal
11        Code of 1961, when the weapon is a firearm;
12            (B) unlawful use or possession of a weapon by a
13        felon under Section 24-1.1 or similar offense under
14        the Criminal Code of 1961, when the weapon is a
15        firearm;
16            (C) first degree murder under Section 9-1 or
17        similar offense under the Criminal Code of 1961;
18            (D) attempted first degree murder with a firearm
19        or similar offense under the Criminal Code of 1961;
20            (E) aggravated kidnapping with a firearm under
21        paragraph (6) or (7) of subsection (a) of Section 10-2
22        or similar offense under the Criminal Code of 1961;
23            (F) aggravated battery with a firearm under
24        subsection (e) of Section 12-3.05 or similar offense
25        under the Criminal Code of 1961;
26            (G) aggravated criminal sexual assault under

 

 

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1        Section 11-1.30 or similar offense under the Criminal
2        Code of 1961;
3            (H) predatory criminal sexual assault of a child
4        under Section 11-1.40 or similar offense under the
5        Criminal Code of 1961;
6            (I) armed robbery under Section 18-2 or similar
7        offense under the Criminal Code of 1961;
8            (J) vehicular hijacking under Section 18-3 or
9        similar offense under the Criminal Code of 1961;
10            (K) aggravated vehicular hijacking under Section
11        18-4 or similar offense under the Criminal Code of
12        1961;
13            (L) home invasion with a firearm under paragraph
14        (3), (4), or (5) of subsection (a) of Section 19-6 or
15        similar offense under the Criminal Code of 1961;
16            (M) aggravated discharge of a firearm under
17        Section 24-1.2 or similar offense under the Criminal
18        Code of 1961;
19            (N) aggravated discharge of a machine gun or a
20        firearm equipped with a device designed or used for
21        silencing the report of a firearm under Section
22        24-1.2-5 or similar offense under the Criminal Code of
23        1961;
24            (0) unlawful use of firearm projectiles under
25        Section 24-2.1 or similar offense under the Criminal
26        Code of 1961;

 

 

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1            (P) manufacture, sale, or transfer of bullets or
2        shells represented to be armor piercing bullets,
3        dragon's breath shotgun shells, bolo shells, or
4        flechette shells under Section 24-2.2 or similar
5        offense under the Criminal Code of 1961;
6            (Q) unlawful sale or delivery of firearms under
7        Section 24-3 or similar offense under the Criminal
8        Code of 1961;
9            (R) unlawful discharge of firearm projectiles
10        under Section 24-3.2 or similar offense under the
11        Criminal Code of 1961;
12            (S) unlawful sale or delivery of firearms on
13        school premises of any school under Section 24-3.3 or
14        similar offense under the Criminal Code of 1961;
15            (T) unlawful purchase of a firearm under Section
16        24-3.5 or similar offense under the Criminal Code of
17        1961;
18            (U) use of a stolen or illegally acquired firearm
19        in the commission of an offense under Section 24-3.7
20        or similar offense under the Criminal Code of 1961;
21            (V) possession of a stolen firearm under Section
22        24-3.8 or similar offense under the Criminal Code of
23        1961;
24            (W) aggravated possession of a stolen firearm
25        under Section 24-3.9 or similar offense under the
26        Criminal Code of 1961;

 

 

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1            (X) gunrunning under Section 24-3A or similar
2        offense under the Criminal Code of 1961;
3            (Y) defacing identification marks of firearms
4        under Section 24-5 or similar offense under the
5        Criminal Code of 1961; and
6            (Z) armed violence under Section 33A-2 or similar
7        offense under the Criminal Code of 1961.
8    (b) APPLICABILITY. For an offense committed on or after
9the effective date of this amendatory Act of the 100th General
10Assembly and before January 1, 2023, when a person is
11convicted of unlawful use or possession of a weapon by a felon,
12when the weapon is a firearm, or aggravated unlawful use of a
13weapon, when the weapon is a firearm, after being previously
14convicted of a qualifying predicate offense the person shall
15be subject to the sentencing guidelines under this Section.
16    (c) SENTENCING GUIDELINES.
17        (1) When a person is convicted of unlawful use or
18    possession of a weapon by a felon, when the weapon is a
19    firearm, and that person has been previously convicted of
20    a qualifying predicate offense, the person shall be
21    sentenced to a term of imprisonment within the sentencing
22    range of not less than 7 years and not more than 14 years,
23    unless the court finds that a departure from the
24    sentencing guidelines under this paragraph is warranted
25    under subsection (d) of this Section.
26        (2) When a person is convicted of aggravated unlawful

 

 

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1    use of a weapon, when the weapon is a firearm, and that
2    person has been previously convicted of a qualifying
3    predicate offense, the person shall be sentenced to a term
4    of imprisonment within the sentencing range of not less
5    than 6 years and not more than 7 years, unless the court
6    finds that a departure from the sentencing guidelines
7    under this paragraph is warranted under subsection (d) of
8    this Section.
9        (3) The sentencing guidelines in paragraphs (1) and
10    (2) of this subsection (c) apply only to offenses
11    committed on and after the effective date of this
12    amendatory Act of the 100th General Assembly and before
13    January 1, 2023.
14    (d) DEPARTURE FROM SENTENCING GUIDELINES.
15        (1) At the sentencing hearing conducted under Section
16    5-4-1 of this Code, the court may depart from the
17    sentencing guidelines provided in subsection (c) of this
18    Section and impose a sentence otherwise authorized by law
19    for the offense if the court, after considering any factor
20    under paragraph (2) of this subsection (d) relevant to the
21    nature and circumstances of the crime and to the history
22    and character of the defendant, finds on the record
23    substantial and compelling justification that the sentence
24    within the sentencing guidelines would be unduly harsh and
25    that a sentence otherwise authorized by law would be
26    consistent with public safety and does not deprecate the

 

 

SB2928- 17 -LRB102 20124 RLC 28976 b

1    seriousness of the offense.
2        (2) In deciding whether to depart from the sentencing
3    guidelines under this paragraph, the court shall consider:
4            (A) the age, immaturity, or limited mental
5        capacity of the defendant at the time of commission of
6        the qualifying predicate or current offense, including
7        whether the defendant was suffering from a mental or
8        physical condition insufficient to constitute a
9        defense but significantly reduced the defendant's
10        culpability;
11            (B) the nature and circumstances of the qualifying
12        predicate offense;
13            (C) the time elapsed since the qualifying
14        predicate offense;
15            (D) the nature and circumstances of the current
16        offense;
17            (E) the defendant's prior criminal history;
18            (F) whether the defendant committed the qualifying
19        predicate or current offense under specific and
20        credible duress, coercion, threat, or compulsion;
21            (G) whether the defendant aided in the
22        apprehension of another felon or testified truthfully
23        on behalf of another prosecution of a felony; and
24            (H) whether departure is in the interest of the
25        person's rehabilitation, including employment or
26        educational or vocational training, after taking into

 

 

SB2928- 18 -LRB102 20124 RLC 28976 b

1        account any past rehabilitation efforts or
2        dispositions of probation or supervision, and the
3        defendant's cooperation or response to rehabilitation.
4        (3) When departing from the sentencing guidelines
5    under this Section, the court shall specify on the record,
6    the particular evidence, information, factor or factors,
7    or other reasons which led to the departure from the
8    sentencing guidelines. When departing from the sentencing
9    range in accordance with this subsection (d), the court
10    shall indicate on the sentencing order which departure
11    factor or factors outlined in paragraph (2) of this
12    subsection (d) led to the sentence imposed. The sentencing
13    order shall be filed with the clerk of the court and shall
14    be a public record.
15    (e) This Section is repealed on January 1, 2023.
16(Source: P.A. 100-3, eff. 1-1-18.)
 
17    (730 ILCS 5/5-5-3)
18    Sec. 5-5-3. Disposition.
19    (a) (Blank).
20    (b) (Blank).
21    (c) (1) (Blank).
22    (2) A period of probation, a term of periodic imprisonment
23or conditional discharge shall not be imposed for the
24following offenses. The court shall sentence the offender to
25not less than the minimum term of imprisonment set forth in

 

 

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

 

 

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1    40-10 of the Substance Use Disorder Act.
2        (F-3) A Class 2 or greater felony sex offense or
3    felony firearm offense if the offender had been convicted
4    of a Class 2 or greater felony, including any state or
5    federal conviction for an offense that contained, at the
6    time it was committed, the same elements as an offense now
7    (the date of the offense committed after the prior Class 2
8    or greater felony) classified as a Class 2 or greater
9    felony, within 10 years of the date on which the offender
10    committed the offense for which he or she is being
11    sentenced, except as otherwise provided in Section 40-10
12    of the Substance Use Disorder Act.
13        (F-5) A violation of Section 18-4, 24-1, 24-1.1,
14    24-1.2, or 24-1.6, 24-1.7, 24-1.8, or 24-3.7 of the
15    Criminal Code of 1961 or the Criminal Code of 2012 for
16    which imprisonment is prescribed in those Sections.
17        (G) Residential burglary, except as otherwise provided
18    in Section 40-10 of the Substance Use Disorder Act.
19        (H) Criminal sexual assault.
20        (I) Aggravated battery of a senior citizen as
21    described in Section 12-4.6 or subdivision (a)(4) of
22    Section 12-3.05 of the Criminal Code of 1961 or the
23    Criminal Code of 2012.
24        (J) A forcible felony if the offense was related to
25    the activities of an organized gang.
26        Before July 1, 1994, for the purposes of this

 

 

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

 

 

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

 

 

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

 

 

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1    subsection (a) of Section 24-3B of the Criminal Code of
2    2012.
3    (3) (Blank).
4    (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8    (4.1) (Blank).
9    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13    (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17    (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment
19of 30 days or 300 hours of community service, as determined by
20the court, shall be imposed for a third or subsequent
21violation of Section 6-303 of the Illinois Vehicle Code. The
22court may give credit toward the fulfillment of community
23service hours for participation in activities and treatment as
24determined by court services.
25    (4.5) A minimum term of imprisonment of 30 days shall be
26imposed for a third violation of subsection (c) of Section

 

 

SB2928- 25 -LRB102 20124 RLC 28976 b

16-303 of the Illinois Vehicle Code.
2    (4.6) Except as provided in paragraph (4.10) of this
3subsection (c), a minimum term of imprisonment of 180 days
4shall be imposed for a fourth or subsequent violation of
5subsection (c) of Section 6-303 of the Illinois Vehicle Code.
6    (4.7) A minimum term of imprisonment of not less than 30
7consecutive days, or 300 hours of community service, shall be
8imposed for a violation of subsection (a-5) of Section 6-303
9of the Illinois Vehicle Code, as provided in subsection (b-5)
10of that Section.
11    (4.8) A mandatory prison sentence shall be imposed for a
12second violation of subsection (a-5) of Section 6-303 of the
13Illinois Vehicle Code, as provided in subsection (c-5) of that
14Section. The person's driving privileges shall be revoked for
15a period of not less than 5 years from the date of his or her
16release from prison.
17    (4.9) A mandatory prison sentence of not less than 4 and
18not more than 15 years shall be imposed for a third violation
19of subsection (a-5) of Section 6-303 of the Illinois Vehicle
20Code, as provided in subsection (d-2.5) of that Section. The
21person's driving privileges shall be revoked for the remainder
22of his or her life.
23    (4.10) A mandatory prison sentence for a Class 1 felony
24shall be imposed, and the person shall be eligible for an
25extended term sentence, for a fourth or subsequent violation
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

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1Code, as provided in subsection (d-3.5) of that Section. The
2person's driving privileges shall be revoked for the remainder
3of his or her life.
4    (5) The court may sentence a corporation or unincorporated
5association convicted of any offense to:
6        (A) a period of conditional discharge;
7        (B) a fine;
8        (C) make restitution to the victim under Section 5-5-6
9    of this Code.
10    (5.1) In addition to any other penalties imposed, and
11except as provided in paragraph (5.2) or (5.3), 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 at least 90 days but not
15more than one year, if the violation resulted in damage to the
16property of another person.
17    (5.2) In addition to any other penalties imposed, and
18except as provided in paragraph (5.3), a person convicted of
19violating subsection (c) of Section 11-907 of the Illinois
20Vehicle Code shall have his or her driver's license, permit,
21or privileges suspended for at least 180 days but not more than
222 years, if the violation resulted in injury to another
23person.
24    (5.3) In addition to any other penalties imposed, a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

SB2928- 27 -LRB102 20124 RLC 28976 b

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

 

 

SB2928- 28 -LRB102 20124 RLC 28976 b

1coach at any level of competition and the act causing harm to
2the sports official or coach occurred within an athletic
3facility or within the immediate vicinity of the athletic
4facility at which the sports official or coach was an active
5participant of the athletic contest held at the athletic
6facility. For the purposes of this paragraph (11), "sports
7official" means a person at an athletic contest who enforces
8the rules of the contest, such as an umpire or referee;
9"athletic facility" means an indoor or outdoor playing field
10or recreational area where sports activities are conducted;
11and "coach" means a person recognized as a coach by the
12sanctioning authority that conducted the sporting event.
13    (12) A person may not receive a disposition of court
14supervision for a violation of Section 5-16 of the Boat
15Registration and Safety Act if that person has previously
16received a disposition of court supervision for a violation of
17that Section.
18    (13) A person convicted of or placed on court supervision
19for an assault or aggravated assault when the victim and the
20offender are family or household members as defined in Section
21103 of the Illinois Domestic Violence Act of 1986 or convicted
22of domestic battery or aggravated domestic battery may be
23required to attend a Partner Abuse Intervention Program under
24protocols set forth by the Illinois Department of Human
25Services under such terms and conditions imposed by the court.
26The costs of such classes shall be paid by the offender.

 

 

SB2928- 29 -LRB102 20124 RLC 28976 b

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

 

 

SB2928- 30 -LRB102 20124 RLC 28976 b

1    appropriate:
2            (A) the defendant is willing to undergo a court
3        approved counseling program for a minimum duration of
4        2 years; or
5            (B) the defendant is willing to participate in a
6        court approved plan including but not limited to the
7        defendant's:
8                (i) removal from the household;
9                (ii) restricted contact with the victim;
10                (iii) continued financial support of the
11            family;
12                (iv) restitution for harm done to the victim;
13            and
14                (v) compliance with any other measures that
15            the court may deem appropriate; and
16        (2) the court orders the defendant to pay for the
17    victim's counseling services, to the extent that the court
18    finds, after considering the defendant's income and
19    assets, that the defendant is financially capable of
20    paying for such services, if the victim was under 18 years
21    of age at the time the offense was committed and requires
22    counseling as a result of the offense.
23    Probation may be revoked or modified pursuant to Section
245-6-4; except where the court determines at the hearing that
25the defendant violated a condition of his or her probation
26restricting contact with the victim or other family members or

 

 

SB2928- 31 -LRB102 20124 RLC 28976 b

1commits another offense with the victim or other family
2members, the court shall revoke the defendant's probation and
3impose a term of imprisonment.
4    For the purposes of this Section, "family member" and
5"victim" shall have the meanings ascribed to them in Section
611-0.1 of the Criminal Code of 2012.
7    (f) (Blank).
8    (g) Whenever a defendant is convicted of an offense under
9Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1011-14.3, 11-14.4 except for an offense that involves keeping a
11place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the defendant shall undergo medical
15testing to determine whether the defendant has any sexually
16transmissible disease, including a test for infection with
17human immunodeficiency virus (HIV) or any other identified
18causative agent of acquired immunodeficiency syndrome (AIDS).
19Any such medical test shall be performed only by appropriately
20licensed medical practitioners and may include an analysis of
21any bodily fluids as well as an examination of the defendant's
22person. Except as otherwise provided by law, the results of
23such test shall be kept strictly confidential by all medical
24personnel involved in the testing and must be personally
25delivered in a sealed envelope to the judge of the court in
26which the conviction was entered for the judge's inspection in

 

 

SB2928- 32 -LRB102 20124 RLC 28976 b

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

 

 

SB2928- 33 -LRB102 20124 RLC 28976 b

1warden or his or her designee in a sealed envelope to the judge
2of the court in which the inmate must appear for the judge's
3inspection in camera if requested by the judge. Acting in
4accordance with the best interests of those in the courtroom,
5the judge shall have the discretion to determine what if any
6precautions need to be taken to prevent transmission of the
7disease in the courtroom.
8    (h) Whenever a defendant is convicted of an offense under
9Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
10defendant shall undergo medical testing to determine whether
11the defendant has been exposed to human immunodeficiency virus
12(HIV) or any other identified causative agent of acquired
13immunodeficiency syndrome (AIDS). Except as otherwise provided
14by law, the results of such test shall be kept strictly
15confidential by all medical personnel involved in the testing
16and must be personally delivered in a sealed envelope to the
17judge of the court in which the conviction was entered for the
18judge's inspection in camera. Acting in accordance with the
19best interests of the public, the judge shall have the
20discretion to determine to whom, if anyone, the results of the
21testing may be revealed. The court shall notify the defendant
22of a positive test showing an infection with the human
23immunodeficiency virus (HIV). The court shall provide
24information on the availability of HIV testing and counseling
25at Department of Public Health facilities to all parties to
26whom the results of the testing are revealed and shall direct

 

 

SB2928- 34 -LRB102 20124 RLC 28976 b

1the State's Attorney to provide the information to the victim
2when possible. A State's Attorney may petition the court to
3obtain the results of any HIV test administered under this
4Section, and the court shall grant the disclosure if the
5State's Attorney shows it is relevant in order to prosecute a
6charge of criminal transmission of HIV under Section 12-5.01
7or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
82012 against the defendant. The court shall order that the
9cost of any such test shall be paid by the county and may be
10taxed as costs against the convicted defendant.
11    (i) All fines and penalties imposed under this Section for
12any violation of Chapters 3, 4, 6, and 11 of the Illinois
13Vehicle Code, or a similar provision of a local ordinance, and
14any violation of the Child Passenger Protection Act, or a
15similar provision of a local ordinance, shall be collected and
16disbursed by the circuit clerk as provided under the Criminal
17and Traffic Assessment Act.
18    (j) In cases when prosecution for any violation of Section
1911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
24Code of 2012, any violation of the Illinois Controlled
25Substances Act, any violation of the Cannabis Control Act, or
26any violation of the Methamphetamine Control and Community

 

 

SB2928- 35 -LRB102 20124 RLC 28976 b

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

 

 

SB2928- 36 -LRB102 20124 RLC 28976 b

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

 

 

SB2928- 37 -LRB102 20124 RLC 28976 b

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

 

 

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

 

 

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1violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
2subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
3of 1961 or the Criminal Code of 2012 (i) to an impact
4incarceration program if the person is otherwise eligible for
5that program under Section 5-8-1.1, (ii) to community service,
6or (iii) if the person has a substance use disorder, as defined
7in the Substance Use Disorder Act, to a treatment program
8licensed under that Act.
9    (o) Whenever a person is convicted of a sex offense as
10defined in Section 2 of the Sex Offender Registration Act, the
11defendant's driver's license or permit shall be subject to
12renewal on an annual basis in accordance with the provisions
13of license renewal established by the Secretary of State.
14(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
15100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
16    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
17    Sec. 5-8-4. Concurrent and consecutive terms of
18imprisonment.
19    (a) Concurrent terms; multiple or additional sentences.
20When an Illinois court (i) imposes multiple sentences of
21imprisonment on a defendant at the same time or (ii) imposes a
22sentence of imprisonment on a defendant who is already subject
23to a sentence of imprisonment imposed by an Illinois court, a
24court of another state, or a federal court, then the sentences
25shall run concurrently unless otherwise determined by the

 

 

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1Illinois court under this Section.
2    (b) Concurrent terms; misdemeanor and felony. A defendant
3serving a sentence for a misdemeanor who is convicted of a
4felony and sentenced to imprisonment shall be transferred to
5the Department of Corrections, and the misdemeanor sentence
6shall be merged in and run concurrently with the felony
7sentence.
8    (c) Consecutive terms; permissive. The court may impose
9consecutive sentences in any of the following circumstances:
10        (1) If, having regard to the nature and circumstances
11    of the offense and the history and character of the
12    defendant, it is the opinion of the court that consecutive
13    sentences are required to protect the public from further
14    criminal conduct by the defendant, the basis for which the
15    court shall set forth in the record.
16        (2) If one of the offenses for which a defendant was
17    convicted was a violation of Section 32-5.2 (aggravated
18    false personation of a peace officer) of the Criminal Code
19    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
20    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
21    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
22    offense was committed in attempting or committing a
23    forcible felony.
24    (d) Consecutive terms; mandatory. The court shall impose
25consecutive sentences in each of the following circumstances:
26        (1) One of the offenses for which the defendant was

 

 

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1    convicted was first degree murder or a Class X or Class 1
2    felony and the defendant inflicted severe bodily injury.
3        (2) The defendant was convicted of a violation of
4    Section 11-1.20 or 12-13 (criminal sexual assault),
5    11-1.30 or 12-14 (aggravated criminal sexual assault), or
6    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
7    child) of the Criminal Code of 1961 or the Criminal Code of
8    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
9    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
10    5/12-14.1).
11        (2.5) The defendant was convicted of a violation of
12    paragraph (1), (2), (3), (4), (5), or (7) of subsection
13    (a) of Section 11-20.1 (child pornography) or of paragraph
14    (1), (2), (3), (4), (5), or (7) of subsection (a) of
15    Section 11-20.1B or 11-20.3 (aggravated child pornography)
16    of the Criminal Code of 1961 or the Criminal Code of 2012;
17    or the defendant was convicted of a violation of paragraph
18    (6) of subsection (a) of Section 11-20.1 (child
19    pornography) or of paragraph (6) of subsection (a) of
20    Section 11-20.1B or 11-20.3 (aggravated child pornography)
21    of the Criminal Code of 1961 or the Criminal Code of 2012,
22    when the child depicted is under the age of 13.
23        (3) The defendant was convicted of armed violence
24    based upon the predicate offense of any of the following:
25    solicitation of murder, solicitation of murder for hire,
26    heinous battery as described in Section 12-4.1 or

 

 

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1    subdivision (a)(2) of Section 12-3.05, aggravated battery
2    of a senior citizen as described in Section 12-4.6 or
3    subdivision (a)(4) of Section 12-3.05, criminal sexual
4    assault, a violation of subsection (g) of Section 5 of the
5    Cannabis Control Act (720 ILCS 550/5), cannabis
6    trafficking, a violation of subsection (a) of Section 401
7    of the Illinois Controlled Substances Act (720 ILCS
8    570/401), controlled substance trafficking involving a
9    Class X felony amount of controlled substance under
10    Section 401 of the Illinois Controlled Substances Act (720
11    ILCS 570/401), a violation of the Methamphetamine Control
12    and Community Protection Act (720 ILCS 646/), calculated
13    criminal drug conspiracy, or streetgang criminal drug
14    conspiracy.
15        (4) The defendant was convicted of the offense of
16    leaving the scene of a motor vehicle accident involving
17    death or personal injuries under Section 11-401 of the
18    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
19    aggravated driving under the influence of alcohol, other
20    drug or drugs, or intoxicating compound or compounds, or
21    any combination thereof under Section 11-501 of the
22    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
23    homicide under Section 9-3 of the Criminal Code of 1961 or
24    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
25    offense described in item (A) and an offense described in
26    item (B).

 

 

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1        (5) The defendant was convicted of a violation of
2    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
3    death) or Section 12-20.5 (dismembering a human body) of
4    the Criminal Code of 1961 or the Criminal Code of 2012 (720
5    ILCS 5/9-3.1 or 5/12-20.5).
6        (5.5) The defendant was convicted of a violation of
7    Section 24-3.7 (use of a stolen or illegally acquired
8    firearm in the commission of an offense) of the Criminal
9    Code of 1961 or the Criminal Code of 2012.
10        (6) If the defendant was in the custody of the
11    Department of Corrections at the time of the commission of
12    the offense, the sentence shall be served consecutive to
13    the sentence under which the defendant is held by the
14    Department of Corrections. If, however, the defendant is
15    sentenced to punishment by death, the sentence shall be
16    executed at such time as the court may fix without regard
17    to the sentence under which the defendant may be held by
18    the Department.
19        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
20    for escape or attempted escape shall be served consecutive
21    to the terms under which the offender is held by the
22    Department of Corrections.
23        (8) If a person charged with a felony commits a
24    separate felony while on pretrial release or in pretrial
25    detention in a county jail facility or county detention
26    facility, then the sentences imposed upon conviction of

 

 

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1    these felonies shall be served consecutively regardless of
2    the order in which the judgments of conviction are
3    entered.
4        (8.5) If a person commits a battery against a county
5    correctional officer or sheriff's employee while serving a
6    sentence or in pretrial detention in a county jail
7    facility, then the sentence imposed upon conviction of the
8    battery shall be served consecutively with the sentence
9    imposed upon conviction of the earlier misdemeanor or
10    felony, regardless of the order in which the judgments of
11    conviction are entered.
12        (9) If a person admitted to bail following conviction
13    of a felony commits a separate felony while free on bond or
14    if a person detained in a county jail facility or county
15    detention facility following conviction of a felony
16    commits a separate felony while in detention, then any
17    sentence following conviction of the separate felony shall
18    be consecutive to that of the original sentence for which
19    the defendant was on bond or detained.
20        (10) If a person is found to be in possession of an
21    item of contraband, as defined in Section 31A-0.1 of the
22    Criminal Code of 2012, while serving a sentence in a
23    county jail or while in pre-trial detention in a county
24    jail, the sentence imposed upon conviction for the offense
25    of possessing contraband in a penal institution shall be
26    served consecutively to the sentence imposed for the

 

 

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1    offense in which the person is serving sentence in the
2    county jail or serving pretrial detention, regardless of
3    the order in which the judgments of conviction are
4    entered.
5        (11) If a person is sentenced for a violation of bail
6    bond under Section 32-10 of the Criminal Code of 1961 or
7    the Criminal Code of 2012, any sentence imposed for that
8    violation shall be served consecutive to the sentence
9    imposed for the charge for which bail had been granted and
10    with respect to which the defendant has been convicted.
11    (e) Consecutive terms; subsequent non-Illinois term. If an
12Illinois court has imposed a sentence of imprisonment on a
13defendant and the defendant is subsequently sentenced to a
14term of imprisonment by a court of another state or a federal
15court, then the Illinois sentence shall run consecutively to
16the sentence imposed by the court of the other state or the
17federal court. That same Illinois court, however, may order
18that the Illinois sentence run concurrently with the sentence
19imposed by the court of the other state or the federal court,
20but only if the defendant applies to that same Illinois court
21within 30 days after the sentence imposed by the court of the
22other state or the federal court is finalized.
23    (f) Consecutive terms; aggregate maximums and minimums.
24The aggregate maximum and aggregate minimum of consecutive
25sentences shall be determined as follows:
26        (1) For sentences imposed under law in effect prior to

 

 

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1    February 1, 1978, the aggregate maximum of consecutive
2    sentences shall not exceed the maximum term authorized
3    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
4    Chapter V for the 2 most serious felonies involved. The
5    aggregate minimum period of consecutive sentences shall
6    not exceed the highest minimum term authorized under
7    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
8    V for the 2 most serious felonies involved. When sentenced
9    only for misdemeanors, a defendant shall not be
10    consecutively sentenced to more than the maximum for one
11    Class A misdemeanor.
12        (2) For sentences imposed under the law in effect on
13    or after February 1, 1978, the aggregate of consecutive
14    sentences for offenses that were committed as part of a
15    single course of conduct during which there was no
16    substantial change in the nature of the criminal objective
17    shall not exceed the sum of the maximum terms authorized
18    under Article 4.5 of Chapter V for the 2 most serious
19    felonies involved, but no such limitation shall apply for
20    offenses that were not committed as part of a single
21    course of conduct during which there was no substantial
22    change in the nature of the criminal objective. When
23    sentenced only for misdemeanors, a defendant shall not be
24    consecutively sentenced to more than the maximum for one
25    Class A misdemeanor.
26    (g) Consecutive terms; manner served. In determining the

 

 

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1manner in which consecutive sentences of imprisonment, one or
2more of which is for a felony, will be served, the Department
3of Corrections shall treat the defendant as though he or she
4had been committed for a single term subject to each of the
5following:
6        (1) The maximum period of a term of imprisonment shall
7    consist of the aggregate of the maximums of the imposed
8    indeterminate terms, if any, plus the aggregate of the
9    imposed determinate sentences for felonies, plus the
10    aggregate of the imposed determinate sentences for
11    misdemeanors, subject to subsection (f) of this Section.
12        (2) The parole or mandatory supervised release term
13    shall be as provided in paragraph (e) of Section 5-4.5-50
14    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
15    involved.
16        (3) The minimum period of imprisonment shall be the
17    aggregate of the minimum and determinate periods of
18    imprisonment imposed by the court, subject to subsection
19    (f) of this Section.
20        (4) The defendant shall be awarded credit against the
21    aggregate maximum term and the aggregate minimum term of
22    imprisonment for all time served in an institution since
23    the commission of the offense or offenses and as a
24    consequence thereof at the rate specified in Section 3-6-3
25    (730 ILCS 5/3-6-3).
26(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;

 

 

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197-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.
21-1-14.)