Illinois General Assembly - Full Text of SB4153
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Full Text of SB4153  102nd General Assembly

SB4153 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4153

 

Introduced 2/9/2022, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-750
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 Juvenile Court Act of 1987. Provides that when a minor of the age of at least 13 years is adjudged delinquent for: (1) attempted first degree murder or (2) any offense involving the use or discharge of a firearm upon school grounds or any part of a building or grounds used for school purposes, including any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity that results in bodily injury or death to any person (in addition to first degree murder), the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or non-emergency authorized absence for a period of 5 years from the date the minor was committed to the Department, except that the time that a minor spent in custody for the instant offense before being committed to the Department shall be considered as time credited towards that 5-year period. 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. Effective immediately.


LRB102 26219 RLC 36042 b

 

 

A BILL FOR

 

SB4153LRB102 26219 RLC 36042 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 Juvenile Court Act of 1987 is amended by
5changing Section 5-750 as follows:
 
6    (705 ILCS 405/5-750)
7    Sec. 5-750. Commitment to the Department of Juvenile
8Justice.
9    (1) Except as provided in subsection (2) of this Section,
10when any delinquent has been adjudged a ward of the court under
11this Act, the court may commit him or her to the Department of
12Juvenile Justice, if it finds that (a) his or her parents,
13guardian or legal custodian are unfit or are unable, for some
14reason other than financial circumstances alone, to care for,
15protect, train or discipline the minor, or are unwilling to do
16so, and the best interests of the minor and the public will not
17be served by placement under Section 5-740, or it is necessary
18to ensure the protection of the public from the consequences
19of criminal activity of the delinquent; and (b) commitment to
20the Department of Juvenile Justice is the least restrictive
21alternative based on evidence that efforts were made to locate
22less restrictive alternatives to secure confinement and the
23reasons why efforts were unsuccessful in locating a less

 

 

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1restrictive alternative to secure confinement. Before the
2court commits a minor to the Department of Juvenile Justice,
3it shall make a finding that secure confinement is necessary,
4following a review of the following individualized factors:
5        (A) Age of the minor.
6        (B) Criminal background of the minor.
7        (C) Review of results of any assessments of the minor,
8    including child centered assessments such as the CANS.
9        (D) Educational background of the minor, indicating
10    whether the minor has ever been assessed for a learning
11    disability, and if so what services were provided as well
12    as any disciplinary incidents at school.
13        (E) Physical, mental and emotional health of the
14    minor, indicating whether the minor has ever been
15    diagnosed with a health issue and if so what services were
16    provided and whether the minor was compliant with
17    services.
18        (F) Community based services that have been provided
19    to the minor, and whether the minor was compliant with the
20    services, and the reason the services were unsuccessful.
21        (G) Services within the Department of Juvenile Justice
22    that will meet the individualized needs of the minor.
23    (1.5) Before the court commits a minor to the Department
24of Juvenile Justice, the court must find reasonable efforts
25have been made to prevent or eliminate the need for the minor
26to be removed from the home, or reasonable efforts cannot, at

 

 

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1this time, for good cause, prevent or eliminate the need for
2removal, and removal from home is in the best interests of the
3minor, the minor's family, and the public.
4    (2) When a minor of the age of at least 13 years is
5adjudged delinquent for the offense of: (i) first degree
6murder; (ii) attempted first degree murder; or (iii) any
7offense involving the use or discharge of a firearm upon
8school grounds or any part of a building or grounds used for
9school purposes, including any conveyance owned, leased, or
10contracted by a school to transport students to or from school
11or a school related activity that results in bodily injury or
12death to any person, the court shall declare the minor a ward
13of the court and order the minor committed to the Department of
14Juvenile Justice until the minor's 21st birthday, without the
15possibility of aftercare release, furlough, or non-emergency
16authorized absence for a period of 5 years from the date the
17minor was committed to the Department of Juvenile Justice,
18except that the time that a minor spent in custody for the
19instant offense before being committed to the Department of
20Juvenile Justice shall be considered as time credited towards
21that 5 year period. Upon release from a Department facility, a
22minor adjudged delinquent for first degree murder shall be
23placed on aftercare release until the age of 21, unless sooner
24discharged from aftercare release or custodianship is
25otherwise terminated in accordance with this Act or as
26otherwise provided for by law. Nothing in this subsection (2)

 

 

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1shall preclude the State's Attorney from seeking to prosecute
2a minor as an adult as an alternative to proceeding under this
3Act.
4    (3) Except as provided in subsection (2), the commitment
5of a delinquent to the Department of Juvenile Justice shall be
6for an indeterminate term which shall automatically terminate
7upon the delinquent attaining the age of 21 years or upon
8completion of that period for which an adult could be
9committed for the same act, whichever occurs sooner, unless
10the delinquent is sooner discharged from aftercare release or
11custodianship is otherwise terminated in accordance with this
12Act or as otherwise provided for by law.
13    (3.5) Every delinquent minor committed to the Department
14of Juvenile Justice under this Act shall be eligible for
15aftercare release without regard to the length of time the
16minor has been confined or whether the minor has served any
17minimum term imposed. Aftercare release shall be administered
18by the Department of Juvenile Justice, under the direction of
19the Director. Unless sooner discharged, the Department of
20Juvenile Justice shall discharge a minor from aftercare
21release upon completion of the following aftercare release
22terms:
23        (a) One and a half years from the date a minor is
24    released from a Department facility, if the minor was
25    committed for a Class X felony;
26        (b) One year from the date a minor is released from a

 

 

SB4153- 5 -LRB102 26219 RLC 36042 b

1    Department facility, if the minor was committed for a
2    Class 1 or 2 felony; and
3        (c) Six months from the date a minor is released from a
4    Department facility, if the minor was committed for a
5    Class 3 felony or lesser offense.
6    (4) When the court commits a minor to the Department of
7Juvenile Justice, it shall order him or her conveyed forthwith
8to the appropriate reception station or other place designated
9by the Department of Juvenile Justice, and shall appoint the
10Director of Juvenile Justice legal custodian of the minor. The
11clerk of the court shall issue to the Director of Juvenile
12Justice a certified copy of the order, which constitutes proof
13of the Director's authority. No other process need issue to
14warrant the keeping of the minor.
15    (5) If a minor is committed to the Department of Juvenile
16Justice, the clerk of the court shall forward to the
17Department:
18        (a) the sentencing order and copies of committing
19    petition;
20        (b) all reports;
21        (c) the court's statement of the basis for ordering
22    the disposition;
23        (d) any sex offender evaluations;
24        (e) any risk assessment or substance abuse treatment
25    eligibility screening and assessment of the minor by an
26    agent designated by the State to provide assessment

 

 

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1    services for the courts;
2        (f) the number of days, if any, which the minor has
3    been in custody and for which he or she is entitled to
4    credit against the sentence, which information shall be
5    provided to the clerk by the sheriff;
6        (g) any medical or mental health records or summaries
7    of the minor;
8        (h) the municipality where the arrest of the minor
9    occurred, the commission of the offense occurred, and the
10    minor resided at the time of commission;
11        (h-5) a report detailing the minor's criminal history
12    in a manner and form prescribed by the Department of
13    Juvenile Justice;
14        (i) all additional matters which the court directs the
15    clerk to transmit; and
16        (j) all police reports for sex offenses as defined by
17    the Sex Offender Management Board Act.
18    (6) Whenever the Department of Juvenile Justice lawfully
19discharges from its custody and control a minor committed to
20it, the Director of Juvenile Justice shall petition the court
21for an order terminating his or her custodianship. The
22custodianship shall terminate automatically 30 days after
23receipt of the petition unless the court orders otherwise.
24    (7) If, while on aftercare release, a minor committed to
25the Department of Juvenile Justice who resides in this State
26is charged under the criminal laws of this State, the criminal

 

 

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1laws of any other state, or federal law with an offense that
2could result in a sentence of imprisonment within the
3Department of Corrections, the penal system of any state, or
4the federal Bureau of Prisons, the commitment to the
5Department of Juvenile Justice and all rights and duties
6created by that commitment are automatically suspended pending
7final disposition of the criminal charge. If the minor is
8found guilty of the criminal charge and sentenced to a term of
9imprisonment in the penitentiary system of the Department of
10Corrections, the penal system of any state, or the federal
11Bureau of Prisons, the commitment to the Department of
12Juvenile Justice shall be automatically terminated. If the
13criminal charge is dismissed, the minor is found not guilty,
14or the minor completes a criminal sentence other than
15imprisonment within the Department of Corrections, the penal
16system of any state, or the federal Bureau of Prisons, the
17previously imposed commitment to the Department of Juvenile
18Justice and the full aftercare release term shall be
19automatically reinstated unless custodianship is sooner
20terminated. Nothing in this subsection (7) shall preclude the
21court from ordering another sentence under Section 5-710 of
22this Act or from terminating the Department's custodianship
23while the commitment to the Department is suspended.
24(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
 
25    Section 10. The Criminal Code of 2012 is amended by

 

 

SB4153- 8 -LRB102 26219 RLC 36042 b

1changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as
2follows:
 
3    (720 ILCS 5/18-4)
4    Sec. 18-4. Aggravated vehicular hijacking.
5    (a) A person commits aggravated vehicular hijacking when
6he or she violates Section 18-3; and
7        (1) the person from whose immediate presence the motor
8    vehicle is taken is a person with a physical disability or
9    a person 60 years of age or over; or
10        (2) a person under 16 years of age is a passenger in
11    the motor vehicle at the time of the offense; or
12        (3) he or she carries on or about his or her person, or
13    is otherwise armed with a dangerous weapon, other than a
14    firearm; or
15        (4) he or she carries on or about his or her person or
16    is otherwise armed with a firearm; or
17        (5) he or she, during the commission of the offense,
18    personally discharges a firearm; or
19        (6) he or she, during the commission of the offense,
20    personally discharges a firearm that proximately causes
21    great bodily harm, permanent disability, permanent
22    disfigurement, or death to another person.
23    (b) Sentence. Aggravated vehicular hijacking is a Class X
24felony for a first offense for which a term of imprisonment of
25not less than 10 years and not more than 60 years shall be

 

 

SB4153- 9 -LRB102 26219 RLC 36042 b

1imposed. A second or subsequent offense is a Class X felony for
2which a term of natural life imprisonment shall be imposed in
3violation of subsections (a)(1) or (a)(2) is a Class X felony.
4A violation of subsection (a)(3) is a Class X felony for which
5a term of imprisonment of not less than 7 years shall be
6imposed. A violation of subsection (a)(4) is a Class X felony
7for which 15 years shall be added to the term of imprisonment
8imposed by the court. A violation of subsection (a)(5) is a
9Class X felony for which 20 years shall be added to the term of
10imprisonment imposed by the court. A violation of subsection
11(a)(6) is a Class X felony for which 25 years or up to a term
12of natural life shall be added to the term of imprisonment
13imposed by the court.
14(Source: P.A. 99-143, eff. 7-27-15.)
 
15    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
16    Sec. 24-1.1. Unlawful use or possession of weapons by
17felons or persons in the custody of the Department of
18Corrections facilities.
19    (a) It is unlawful for a person to knowingly possess on or
20about his person or on his land or in his own abode or fixed
21place of business any weapon prohibited under Section 24-1 of
22this Act or any firearm or any firearm ammunition if the person
23has been convicted of a felony under the laws of this State or
24any other jurisdiction. This Section shall not apply if the
25person has been granted relief by the Director of the Illinois

 

 

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1State Police under Section 10 of the Firearm Owners
2Identification Card Act.
3    (b) It is unlawful for any person confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, to possess any weapon prohibited under Section
624-1 of this Code or any firearm or firearm ammunition,
7regardless of the intent with which he possesses it.
8    (c) It shall be an affirmative defense to a violation of
9subsection (b), that such possession was specifically
10authorized by rule, regulation, or directive of the Illinois
11Department of Corrections or order issued pursuant thereto.
12    (d) The defense of necessity is not available to a person
13who is charged with a violation of subsection (b) of this
14Section.
15    (e) Sentence. Violation of this Section is a Class X
16felony for a first offense for which a term of imprisonment of
17not less than 10 years shall be imposed. A second or subsequent
18offense is a Class X felony for which a term of natural life
19imprisonment shall be imposed by a person not confined in a
20penal institution shall be a Class 3 felony for which the
21person shall be sentenced to no less than 2 years and no more
22than 10 years. A second or subsequent violation of this
23Section shall be a Class 2 felony for which the person shall be
24sentenced to a term of imprisonment of not less than 3 years
25and not more than 14 years, except as provided for in Section
265-4.5-110 of the Unified Code of Corrections. Violation of

 

 

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1this Section by a person not confined in a penal institution
2who has been convicted of a forcible felony, a felony
3violation of Article 24 of this Code or of the Firearm Owners
4Identification Card Act, stalking or aggravated stalking, or a
5Class 2 or greater felony under the Illinois Controlled
6Substances Act, the Cannabis Control Act, or the
7Methamphetamine Control and Community Protection Act is a
8Class 2 felony for which the person shall be sentenced to not
9less than 3 years and not more than 14 years, except as
10provided for in Section 5-4.5-110 of the Unified Code of
11Corrections. Violation of this Section by a person who is on
12parole or mandatory supervised release is a Class 2 felony for
13which the person shall be sentenced to not less than 3 years
14and not more than 14 years, except as provided for in Section
155-4.5-110 of the Unified Code of Corrections. Violation of
16this Section by a person not confined in a penal institution is
17a Class X felony when the firearm possessed is a machine gun.
18Any person who violates this Section while confined in a penal
19institution, which is a facility of the Illinois Department of
20Corrections, is guilty of a Class 1 felony, if he possesses any
21weapon prohibited under Section 24-1 of this Code regardless
22of the intent with which he possesses it, a Class X felony if
23he possesses any firearm, firearm ammunition or explosive, and
24a Class X felony for which the offender shall be sentenced to
25not less than 12 years and not more than 50 years when the
26firearm possessed is a machine gun. A violation of this

 

 

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1Section while wearing or in possession of body armor as
2defined in Section 33F-1 is a Class X felony punishable by a
3term of imprisonment of not less than 10 years and not more
4than 40 years. The possession of each firearm or firearm
5ammunition in violation of this Section constitutes a single
6and separate violation.
7(Source: P.A. 102-538, eff. 8-20-21.)
 
8    (720 ILCS 5/24-1.2)  (from Ch. 38, par. 24-1.2)
9    Sec. 24-1.2. Aggravated discharge of a firearm.
10    (a) A person commits aggravated discharge of a firearm
11when he or she knowingly or intentionally:
12        (1) Discharges a firearm at or into a building he or
13    she knows or reasonably should know to be occupied and the
14    firearm is discharged from a place or position outside
15    that building;
16        (2) Discharges a firearm in the direction of another
17    person or in the direction of a vehicle he or she knows or
18    reasonably should know to be occupied by a person;
19        (3) Discharges a firearm in the direction of a person
20    he or she knows to be a peace officer, a community policing
21    volunteer, a correctional institution employee, or a
22    fireman while the officer, volunteer, employee or fireman
23    is engaged in the execution of any of his or her official
24    duties, or to prevent the officer, volunteer, employee or
25    fireman from performing his or her official duties, or in

 

 

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

 

 

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

 

 

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1    he or she knows to be 60 years of age or older;
2        (13) discharges a firearm in the direction of a person
3    he or she knows to be pregnant or has a physical
4    disability;
5        (14) discharges a firearm in the direction of a person
6    he or she knows to be gathering for worship;
7        (15) discharges a firearm in the direction of a person
8    he or she knows to be boarding or riding public transit;
9        (16) discharges a firearm in the direction of a person
10    he or she knows to be a student at an institution of higher
11    education;
12        (17) discharges a firearm in the direction of a person
13    who is in a public roadway, park, public housing, school,
14    building under the control of the State or a unit of local
15    government, church, hospital, nursing home, or any bus,
16    train, or form of transportation paid for in whole or in
17    part with public funds, or any building, real property, or
18    parking area under the control of a public transportation
19    facility paid for in whole or in part with public funds; or
20        (18) discharges a firearm during the commission or
21    attempted commission of vehicular hijacking.
22    (b) A violation of subsection (a)(1) or subsection (a)(2)
23of this Section is a Class 1 felony. A violation of subsection
24(a)(1) or (a)(2) of this Section committed in a school, on the
25real property comprising a school, within 1,000 feet of the
26real property comprising a school, at a school related

 

 

SB4153- 16 -LRB102 26219 RLC 36042 b

1activity or on or within 1,000 feet of any conveyance owned,
2leased, or contracted by a school to transport students to or
3from school or a school related activity, regardless of the
4time of day or time of year that the offense was committed is a
5Class X felony. A violation of subsection (a)(3), (a)(4),
6(a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11),
7(a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or
8(a)(18) of this Section is a Class X felony for which the
9sentence shall be a term of imprisonment of no less than 10
10years and not more than 45 years.
11    (c) For purposes of this Section:
12    "Emergency medical services personnel" has the meaning
13specified in Section 3.5 of the Emergency Medical Services
14(EMS) Systems Act and shall include all ambulance crew
15members, including drivers or pilots.
16    "School" means a public or private elementary or secondary
17school, community college, college, or university.
18    "School related activity" means any sporting, social,
19academic, or other activity for which students' attendance or
20participation is sponsored, organized, or funded in whole or
21in part by a school or school district.
22(Source: P.A. 99-816, eff. 8-15-16.)
 
23    (720 ILCS 5/24-1.7)
24    Sec. 24-1.7. Armed habitual criminal.
25    (a) A person commits the offense of being an armed

 

 

SB4153- 17 -LRB102 26219 RLC 36042 b

1habitual criminal if he or she receives, sells, possesses, or
2transfers any firearm after having been convicted a total of 2
3or more times of any combination of the following offenses:
4        (1) a forcible felony as defined in Section 2-8 of
5    this Code;
6        (2) unlawful use of a weapon by a felon; aggravated
7    unlawful use of a weapon; aggravated discharge of a
8    firearm; vehicular hijacking; aggravated vehicular
9    hijacking; aggravated battery of a child as described in
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11    intimidation; aggravated intimidation; gunrunning; home
12    invasion; or aggravated battery with a firearm as
13    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
14    (e)(3), or (e)(4) of Section 12-3.05; or
15        (3) any violation of the Illinois Controlled
16    Substances Act or the Cannabis Control Act that is
17    punishable as a Class 3 felony or higher.
18    (b) Sentence. Being an armed habitual criminal is a Class
19X felony for a first offense for which a term of imprisonment
20of not less than 10 years and not more than 30 years shall be
21imposed. A second or subsequent offense is a Class X felony for
22which a term of natural life imprisonment shall be imposed.
23(Source: P.A. 96-1551, eff. 7-1-11.)
 
24    (720 ILCS 5/24-3.7)
25    Sec. 24-3.7. Use of a stolen or illegally acquired firearm

 

 

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1in the commission of an offense.
2    (a) A person commits the offense of use of a stolen or
3illegally acquired firearm in the commission of an offense
4when he or she knowingly uses a stolen or illegally acquired
5firearm in the commission of any offense and the person knows
6that the firearm was stolen or illegally acquired.
7    (b) Sentence. Use of a stolen or illegally acquired
8firearm in the commission of an offense is a Class X felony for
9a first offense for which a term of imprisonment of not less
10than 10 years shall be imposed. A second or subsequent offense
11is a Class X felony for which a term of natural life
12imprisonment shall be imposed 2 felony.
13    (c) "Illegally acquired firearm" means a firearm acquired
14in violation of Section 24-3.
15(Source: P.A. 96-190, eff. 1-1-10.)
 
16    Section 15. The Unified Code of Corrections is amended by
17changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows:
 
18    (730 ILCS 5/5-4.5-110)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
21PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
22    (a) DEFINITIONS. For the purposes of this Section:
23        "Firearm" has the meaning ascribed to it in Section
24    1.1 of the Firearm Owners Identification Card Act.

 

 

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1        "Qualifying predicate offense" means the following
2    offenses under the Criminal Code of 2012:
3            (A) aggravated unlawful use of a weapon under
4        Section 24-1.6 or similar offense under the Criminal
5        Code of 1961, when the weapon is a firearm;
6            (B) unlawful use or possession of a weapon by a
7        felon under Section 24-1.1 or similar offense under
8        the Criminal Code of 1961, when the weapon is a
9        firearm;
10            (C) first degree murder under Section 9-1 or
11        similar offense under the Criminal Code of 1961;
12            (D) attempted first degree murder with a firearm
13        or similar offense under the Criminal Code of 1961;
14            (E) aggravated kidnapping with a firearm under
15        paragraph (6) or (7) of subsection (a) of Section 10-2
16        or similar offense under the Criminal Code of 1961;
17            (F) aggravated battery with a firearm under
18        subsection (e) of Section 12-3.05 or similar offense
19        under the Criminal Code of 1961;
20            (G) aggravated criminal sexual assault under
21        Section 11-1.30 or similar offense under the Criminal
22        Code of 1961;
23            (H) predatory criminal sexual assault of a child
24        under Section 11-1.40 or similar offense under the
25        Criminal Code of 1961;
26            (I) armed robbery under Section 18-2 or similar

 

 

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1        offense under the Criminal Code of 1961;
2            (J) vehicular hijacking under Section 18-3 or
3        similar offense under the Criminal Code of 1961;
4            (K) aggravated vehicular hijacking under Section
5        18-4 or similar offense under the Criminal Code of
6        1961;
7            (L) home invasion with a firearm under paragraph
8        (3), (4), or (5) of subsection (a) of Section 19-6 or
9        similar offense under the Criminal Code of 1961;
10            (M) aggravated discharge of a firearm under
11        Section 24-1.2 or similar offense under the Criminal
12        Code of 1961;
13            (N) aggravated discharge of a machine gun or a
14        firearm equipped with a device designed or used for
15        silencing the report of a firearm under Section
16        24-1.2-5 or similar offense under the Criminal Code of
17        1961;
18            (0) unlawful use of firearm projectiles under
19        Section 24-2.1 or similar offense under the Criminal
20        Code of 1961;
21            (P) manufacture, sale, or transfer of bullets or
22        shells represented to be armor piercing bullets,
23        dragon's breath shotgun shells, bolo shells, or
24        flechette shells under Section 24-2.2 or similar
25        offense under the Criminal Code of 1961;
26            (Q) unlawful sale or delivery of firearms under

 

 

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1        Section 24-3 or similar offense under the Criminal
2        Code of 1961;
3            (R) unlawful discharge of firearm projectiles
4        under Section 24-3.2 or similar offense under the
5        Criminal Code of 1961;
6            (S) unlawful sale or delivery of firearms on
7        school premises of any school under Section 24-3.3 or
8        similar offense under the Criminal Code of 1961;
9            (T) unlawful purchase of a firearm under Section
10        24-3.5 or similar offense under the Criminal Code of
11        1961;
12            (U) use of a stolen or illegally acquired firearm
13        in the commission of an offense under Section 24-3.7
14        or similar offense under the Criminal Code of 1961;
15            (V) possession of a stolen firearm under Section
16        24-3.8 or similar offense under the Criminal Code of
17        1961;
18            (W) aggravated possession of a stolen firearm
19        under Section 24-3.9 or similar offense under the
20        Criminal Code of 1961;
21            (X) gunrunning under Section 24-3A or similar
22        offense under the Criminal Code of 1961;
23            (Y) defacing identification marks of firearms
24        under Section 24-5 or similar offense under the
25        Criminal Code of 1961; and
26            (Z) armed violence under Section 33A-2 or similar

 

 

SB4153- 22 -LRB102 26219 RLC 36042 b

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

 

 

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1    under this paragraph is warranted under subsection (d) of
2    this Section.
3        (3) The sentencing guidelines in paragraphs (1) and
4    (2) of this subsection (c) apply only to offenses
5    committed on and after the effective date of this
6    amendatory Act of the 100th General Assembly and before
7    January 1, 2023.
8    (d) DEPARTURE FROM SENTENCING GUIDELINES.
9        (1) At the sentencing hearing conducted under Section
10    5-4-1 of this Code, the court may depart from the
11    sentencing guidelines provided in subsection (c) of this
12    Section and impose a sentence otherwise authorized by law
13    for the offense if the court, after considering any factor
14    under paragraph (2) of this subsection (d) relevant to the
15    nature and circumstances of the crime and to the history
16    and character of the defendant, finds on the record
17    substantial and compelling justification that the sentence
18    within the sentencing guidelines would be unduly harsh and
19    that a sentence otherwise authorized by law would be
20    consistent with public safety and does not deprecate the
21    seriousness of the offense.
22        (2) In deciding whether to depart from the sentencing
23    guidelines under this paragraph, the court shall consider:
24            (A) the age, immaturity, or limited mental
25        capacity of the defendant at the time of commission of
26        the qualifying predicate or current offense, including

 

 

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1        whether the defendant was suffering from a mental or
2        physical condition insufficient to constitute a
3        defense but significantly reduced the defendant's
4        culpability;
5            (B) the nature and circumstances of the qualifying
6        predicate offense;
7            (C) the time elapsed since the qualifying
8        predicate offense;
9            (D) the nature and circumstances of the current
10        offense;
11            (E) the defendant's prior criminal history;
12            (F) whether the defendant committed the qualifying
13        predicate or current offense under specific and
14        credible duress, coercion, threat, or compulsion;
15            (G) whether the defendant aided in the
16        apprehension of another felon or testified truthfully
17        on behalf of another prosecution of a felony; and
18            (H) whether departure is in the interest of the
19        person's rehabilitation, including employment or
20        educational or vocational training, after taking into
21        account any past rehabilitation efforts or
22        dispositions of probation or supervision, and the
23        defendant's cooperation or response to rehabilitation.
24        (3) When departing from the sentencing guidelines
25    under this Section, the court shall specify on the record,
26    the particular evidence, information, factor or factors,

 

 

SB4153- 25 -LRB102 26219 RLC 36042 b

1    or other reasons which led to the departure from the
2    sentencing guidelines. When departing from the sentencing
3    range in accordance with this subsection (d), the court
4    shall indicate on the sentencing order which departure
5    factor or factors outlined in paragraph (2) of this
6    subsection (d) led to the sentence imposed. The sentencing
7    order shall be filed with the clerk of the court and shall
8    be a public record.
9    (e) This Section is repealed on January 1, 2023.
10(Source: P.A. 100-3, eff. 1-1-18.)
 
11    (730 ILCS 5/5-5-3)
12    Sec. 5-5-3. Disposition.
13    (a) (Blank).
14    (b) (Blank).
15    (c) (1) (Blank).
16    (2) A period of probation, a term of periodic imprisonment
17or conditional discharge shall not be imposed for the
18following offenses. The court shall sentence the offender to
19not less than the minimum term of imprisonment set forth in
20this Code for the following offenses, and may order a fine or
21restitution or both in conjunction with such term of
22imprisonment:
23        (A) First degree murder where the death penalty is not
24    imposed.
25        (B) Attempted first degree murder.

 

 

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1        (C) A Class X felony.
2        (D) A violation of Section 401.1 or 407 of the
3    Illinois Controlled Substances Act, or a violation of
4    subdivision (c)(1.5) of Section 401 of that Act which
5    relates to more than 5 grams of a substance containing
6    fentanyl or an analog thereof.
7        (D-5) A violation of subdivision (c)(1) of Section 401
8    of the Illinois Controlled Substances Act which relates to
9    3 or more grams of a substance containing heroin or an
10    analog thereof.
11        (E) (Blank).
12        (F) A Class 1 or greater felony if the offender had
13    been convicted of a Class 1 or greater felony, including
14    any state or federal conviction for an offense that
15    contained, at the time it was committed, the same elements
16    as an offense now (the date of the offense committed after
17    the prior Class 1 or greater felony) classified as a Class
18    1 or greater felony, within 10 years of the date on which
19    the offender committed the offense for which he or she is
20    being sentenced, except as otherwise provided in Section
21    40-10 of the Substance Use Disorder Act.
22        (F-3) A Class 2 or greater felony sex offense or
23    felony firearm offense if the offender had been convicted
24    of a Class 2 or greater felony, including any state or
25    federal conviction for an offense that contained, at the
26    time it was committed, the same elements as an offense now

 

 

SB4153- 27 -LRB102 26219 RLC 36042 b

1    (the date of the offense committed after the prior Class 2
2    or greater felony) classified as a Class 2 or greater
3    felony, within 10 years of the date on which the offender
4    committed the offense for which he or she is being
5    sentenced, except as otherwise provided in Section 40-10
6    of the Substance Use Disorder Act.
7        (F-5) A violation of Section 18-4, 24-1, 24-1.1,
8    24-1.2, or 24-1.6, 24-1.7, 24-1.8, or 24-3.7 of the
9    Criminal Code of 1961 or the Criminal Code of 2012 for
10    which imprisonment is prescribed in those Sections.
11        (G) Residential burglary, except as otherwise provided
12    in Section 40-10 of the Substance Use Disorder Act.
13        (H) Criminal sexual assault.
14        (I) Aggravated battery of a senior citizen as
15    described in Section 12-4.6 or subdivision (a)(4) of
16    Section 12-3.05 of the Criminal Code of 1961 or the
17    Criminal Code of 2012.
18        (J) A forcible felony if the offense was related to
19    the activities of an organized gang.
20        Before July 1, 1994, for the purposes of this
21    paragraph, "organized gang" means an association of 5 or
22    more persons, with an established hierarchy, that
23    encourages members of the association to perpetrate crimes
24    or provides support to the members of the association who
25    do commit crimes.
26        Beginning July 1, 1994, for the purposes of this

 

 

SB4153- 28 -LRB102 26219 RLC 36042 b

1    paragraph, "organized gang" has the meaning ascribed to it
2    in Section 10 of the Illinois Streetgang Terrorism Omnibus
3    Prevention Act.
4        (K) Vehicular hijacking.
5        (L) A second or subsequent conviction for the offense
6    of hate crime when the underlying offense upon which the
7    hate crime is based is felony aggravated assault or felony
8    mob action.
9        (M) A second or subsequent conviction for the offense
10    of institutional vandalism if the damage to the property
11    exceeds $300.
12        (N) A Class 3 felony violation of paragraph (1) of
13    subsection (a) of Section 2 of the Firearm Owners
14    Identification Card Act.
15        (O) A violation of Section 12-6.1 or 12-6.5 of the
16    Criminal Code of 1961 or the Criminal Code of 2012.
17        (P) A violation of paragraph (1), (2), (3), (4), (5),
18    or (7) of subsection (a) of Section 11-20.1 of the
19    Criminal Code of 1961 or the Criminal Code of 2012.
20        (P-5) A violation of paragraph (6) of subsection (a)
21    of Section 11-20.1 of the Criminal Code of 1961 or the
22    Criminal Code of 2012 if the victim is a household or
23    family member of the defendant.
24        (Q) A violation of subsection (b) or (b-5) of Section
25    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
26    Code of 1961 or the Criminal Code of 2012.

 

 

SB4153- 29 -LRB102 26219 RLC 36042 b

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

 

 

SB4153- 30 -LRB102 26219 RLC 36042 b

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

 

 

SB4153- 31 -LRB102 26219 RLC 36042 b

1    (3) (Blank).
2    (4) A minimum term of imprisonment of not less than 10
3consecutive days or 30 days of community service shall be
4imposed for a violation of paragraph (c) of Section 6-303 of
5the Illinois Vehicle Code.
6    (4.1) (Blank).
7    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
8this subsection (c), a minimum of 100 hours of community
9service shall be imposed for a second violation of Section
106-303 of the Illinois Vehicle Code.
11    (4.3) A minimum term of imprisonment of 30 days or 300
12hours of community service, as determined by the court, shall
13be imposed for a second violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15    (4.4) Except as provided in paragraphs (4.5), (4.6), and
16(4.9) of this subsection (c), a minimum term of imprisonment
17of 30 days or 300 hours of community service, as determined by
18the court, shall be imposed for a third or subsequent
19violation of Section 6-303 of the Illinois Vehicle Code. The
20court may give credit toward the fulfillment of community
21service hours for participation in activities and treatment as
22determined by court services.
23    (4.5) A minimum term of imprisonment of 30 days shall be
24imposed for a third violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26    (4.6) Except as provided in paragraph (4.10) of this

 

 

SB4153- 32 -LRB102 26219 RLC 36042 b

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

 

 

SB4153- 33 -LRB102 26219 RLC 36042 b

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

 

 

SB4153- 34 -LRB102 26219 RLC 36042 b

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

 

 

SB4153- 35 -LRB102 26219 RLC 36042 b

1facility or within the immediate vicinity of the athletic
2facility at which the sports official or coach was an active
3participant of the athletic contest held at the athletic
4facility. For the purposes of this paragraph (11), "sports
5official" means a person at an athletic contest who enforces
6the rules of the contest, such as an umpire or referee;
7"athletic facility" means an indoor or outdoor playing field
8or recreational area where sports activities are conducted;
9and "coach" means a person recognized as a coach by the
10sanctioning authority that conducted the sporting event.
11    (12) A person may not receive a disposition of court
12supervision for a violation of Section 5-16 of the Boat
13Registration and Safety Act if that person has previously
14received a disposition of court supervision for a violation of
15that Section.
16    (13) A person convicted of or placed on court supervision
17for an assault or aggravated assault when the victim and the
18offender are family or household members as defined in Section
19103 of the Illinois Domestic Violence Act of 1986 or convicted
20of domestic battery or aggravated domestic battery may be
21required to attend a Partner Abuse Intervention Program under
22protocols set forth by the Illinois Department of Human
23Services under such terms and conditions imposed by the court.
24The costs of such classes shall be paid by the offender.
25    (d) In any case in which a sentence originally imposed is
26vacated, the case shall be remanded to the trial court. The

 

 

SB4153- 36 -LRB102 26219 RLC 36042 b

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

 

 

SB4153- 37 -LRB102 26219 RLC 36042 b

1        approved counseling program for a minimum duration of
2        2 years; or
3            (B) the defendant is willing to participate in a
4        court approved plan, including, but not limited to,
5        the defendant's:
6                (i) removal from the household;
7                (ii) restricted contact with the victim;
8                (iii) continued financial support of the
9            family;
10                (iv) restitution for harm done to the victim;
11            and
12                (v) compliance with any other measures that
13            the court may deem appropriate; and
14        (2) the court orders the defendant to pay for the
15    victim's counseling services, to the extent that the court
16    finds, after considering the defendant's income and
17    assets, that the defendant is financially capable of
18    paying for such services, if the victim was under 18 years
19    of age at the time the offense was committed and requires
20    counseling as a result of the offense.
21    Probation may be revoked or modified pursuant to Section
225-6-4; except where the court determines at the hearing that
23the defendant violated a condition of his or her probation
24restricting contact with the victim or other family members or
25commits another offense with the victim or other family
26members, the court shall revoke the defendant's probation and

 

 

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1impose a term of imprisonment.
2    For the purposes of this Section, "family member" and
3"victim" shall have the meanings ascribed to them in Section
411-0.1 of the Criminal Code of 2012.
5    (f) (Blank).
6    (g) Whenever a defendant is convicted of an offense under
7Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
811-14.3, 11-14.4 except for an offense that involves keeping a
9place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1112-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
12Criminal Code of 2012, the defendant shall undergo medical
13testing to determine whether the defendant has any sexually
14transmissible disease, including a test for infection with
15human immunodeficiency virus (HIV) or any other identified
16causative agent of acquired immunodeficiency syndrome (AIDS).
17Any such medical test shall be performed only by appropriately
18licensed medical practitioners and may include an analysis of
19any bodily fluids as well as an examination of the defendant's
20person. Except as otherwise provided by law, the results of
21such test shall be kept strictly confidential by all medical
22personnel involved in the testing and must be personally
23delivered in a sealed envelope to the judge of the court in
24which the conviction was entered for the judge's inspection in
25camera. Acting in accordance with the best interests of the
26victim and the public, the judge shall have the discretion to

 

 

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

 

 

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1Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
2defendant shall undergo medical testing to determine whether
3the defendant has been exposed to human immunodeficiency virus
4(HIV) or any other identified causative agent of acquired
5immunodeficiency syndrome (AIDS). Except as otherwise provided
6by law, the results of such test shall be kept strictly
7confidential by all medical personnel involved in the testing
8and must be personally delivered in a sealed envelope to the
9judge of the court in which the conviction was entered for the
10judge's inspection in camera. Acting in accordance with the
11best interests of the public, the judge shall have the
12discretion to determine to whom, if anyone, the results of the
13testing may be revealed. The court shall notify the defendant
14of a positive test showing an infection with the human
15immunodeficiency virus (HIV). The court shall provide
16information on the availability of HIV testing and counseling
17at Department of Public Health facilities to all parties to
18whom the results of the testing are revealed and shall direct
19the State's Attorney to provide the information to the victim
20when possible. The court shall order that the cost of any such
21test shall be paid by the county and may be taxed as costs
22against the convicted defendant.
23    (i) All fines and penalties imposed under this Section for
24any violation of Chapters 3, 4, 6, and 11 of the Illinois
25Vehicle Code, or a similar provision of a local ordinance, and
26any violation of the Child Passenger Protection Act, or a

 

 

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1similar provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under the Criminal
3and Traffic Assessment Act.
4    (j) In cases when prosecution for any violation of Section
511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
711-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
912-15, or 12-16 of the Criminal Code of 1961 or the Criminal
10Code of 2012, any violation of the Illinois Controlled
11Substances Act, any violation of the Cannabis Control Act, or
12any violation of the Methamphetamine Control and Community
13Protection Act results in conviction, a disposition of court
14supervision, or an order of probation granted under Section 10
15of the Cannabis Control Act, Section 410 of the Illinois
16Controlled Substances Act, or Section 70 of the
17Methamphetamine Control and Community Protection Act of a
18defendant, the court shall determine whether the defendant is
19employed by a facility or center as defined under the Child
20Care Act of 1969, a public or private elementary or secondary
21school, or otherwise works with children under 18 years of age
22on a daily basis. When a defendant is so employed, the court
23shall order the Clerk of the Court to send a copy of the
24judgment of conviction or order of supervision or probation to
25the defendant's employer by certified mail. If the employer of
26the defendant is a school, the Clerk of the Court shall direct

 

 

SB4153- 42 -LRB102 26219 RLC 36042 b

1the mailing of a copy of the judgment of conviction or order of
2supervision or probation to the appropriate regional
3superintendent of schools. The regional superintendent of
4schools shall notify the State Board of Education of any
5notification under this subsection.
6    (j-5) A defendant at least 17 years of age who is convicted
7of a felony and who has not been previously convicted of a
8misdemeanor or felony and who is sentenced to a term of
9imprisonment in the Illinois Department of Corrections shall
10as a condition of his or her sentence be required by the court
11to attend educational courses designed to prepare the
12defendant for a high school diploma and to work toward a high
13school diploma or to work toward passing high school
14equivalency testing or to work toward completing a vocational
15training program offered by the Department of Corrections. If
16a defendant fails to complete the educational training
17required by his or her sentence during the term of
18incarceration, the Prisoner Review Board shall, as a condition
19of mandatory supervised release, require the defendant, at his
20or her own expense, to pursue a course of study toward a high
21school diploma or passage of high school equivalency testing.
22The Prisoner Review Board shall revoke the mandatory
23supervised release of a defendant who wilfully fails to comply
24with this subsection (j-5) upon his or her release from
25confinement in a penal institution while serving a mandatory
26supervised release term; however, the inability of the

 

 

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

 

 

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

 

 

SB4153- 45 -LRB102 26219 RLC 36042 b

1sentencing court, which may impose any sentence that was
2available under Section 5-5-3 at the time of initial
3sentencing. In addition, the defendant shall not be eligible
4for additional earned sentence credit as provided under
5Section 3-6-3.
6    (m) A person convicted of criminal defacement of property
7under Section 21-1.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012, in which the property damage exceeds
9$300 and the property damaged is a school building, shall be
10ordered to perform community service that may include cleanup,
11removal, or painting over the defacement.
12    (n) The court may sentence a person convicted of a
13violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
14subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
15of 1961 or the Criminal Code of 2012 (i) to an impact
16incarceration program if the person is otherwise eligible for
17that program under Section 5-8-1.1, (ii) to community service,
18or (iii) if the person has a substance use disorder, as defined
19in the Substance Use Disorder Act, to a treatment program
20licensed under that Act.
21    (o) Whenever a person is convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act, the
23defendant's driver's license or permit shall be subject to
24renewal on an annual basis in accordance with the provisions
25of license renewal established by the Secretary of State.
26(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;

 

 

SB4153- 46 -LRB102 26219 RLC 36042 b

1102-531, eff. 1-1-22; revised 10-12-21.)
 
2    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
3    Sec. 5-8-4. Concurrent and consecutive terms of
4imprisonment.
5    (a) Concurrent terms; multiple or additional sentences.
6When an Illinois court (i) imposes multiple sentences of
7imprisonment on a defendant at the same time or (ii) imposes a
8sentence of imprisonment on a defendant who is already subject
9to a sentence of imprisonment imposed by an Illinois court, a
10court of another state, or a federal court, then the sentences
11shall run concurrently unless otherwise determined by the
12Illinois court under this Section.
13    (b) Concurrent terms; misdemeanor and felony. A defendant
14serving a sentence for a misdemeanor who is convicted of a
15felony and sentenced to imprisonment shall be transferred to
16the Department of Corrections, and the misdemeanor sentence
17shall be merged in and run concurrently with the felony
18sentence.
19    (c) Consecutive terms; permissive. The court may impose
20consecutive sentences in any of the following circumstances:
21        (1) If, having regard to the nature and circumstances
22    of the offense and the history and character of the
23    defendant, it is the opinion of the court that consecutive
24    sentences are required to protect the public from further
25    criminal conduct by the defendant, the basis for which the

 

 

SB4153- 47 -LRB102 26219 RLC 36042 b

1    court shall set forth in the record.
2        (2) If one of the offenses for which a defendant was
3    convicted was a violation of Section 32-5.2 (aggravated
4    false personation of a peace officer) of the Criminal Code
5    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
6    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
7    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
8    offense was committed in attempting or committing a
9    forcible felony.
10    (d) Consecutive terms; mandatory. The court shall impose
11consecutive sentences in each of the following circumstances:
12        (1) One of the offenses for which the defendant was
13    convicted was first degree murder or a Class X or Class 1
14    felony and the defendant inflicted severe bodily injury.
15        (2) The defendant was convicted of a violation of
16    Section 11-1.20 or 12-13 (criminal sexual assault),
17    11-1.30 or 12-14 (aggravated criminal sexual assault), or
18    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
19    child) of the Criminal Code of 1961 or the Criminal Code of
20    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
21    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
22    5/12-14.1).
23        (2.5) The defendant was convicted of a violation of
24    paragraph (1), (2), (3), (4), (5), or (7) of subsection
25    (a) of Section 11-20.1 (child pornography) or of paragraph
26    (1), (2), (3), (4), (5), or (7) of subsection (a) of

 

 

SB4153- 48 -LRB102 26219 RLC 36042 b

1    Section 11-20.1B or 11-20.3 (aggravated child pornography)
2    of the Criminal Code of 1961 or the Criminal Code of 2012;
3    or the defendant was convicted of a violation of paragraph
4    (6) of subsection (a) of Section 11-20.1 (child
5    pornography) or of paragraph (6) of subsection (a) of
6    Section 11-20.1B or 11-20.3 (aggravated child pornography)
7    of the Criminal Code of 1961 or the Criminal Code of 2012,
8    when the child depicted is under the age of 13.
9        (3) The defendant was convicted of armed violence
10    based upon the predicate offense of any of the following:
11    solicitation of murder, solicitation of murder for hire,
12    heinous battery as described in Section 12-4.1 or
13    subdivision (a)(2) of Section 12-3.05, aggravated battery
14    of a senior citizen as described in Section 12-4.6 or
15    subdivision (a)(4) of Section 12-3.05, criminal sexual
16    assault, a violation of subsection (g) of Section 5 of the
17    Cannabis Control Act (720 ILCS 550/5), cannabis
18    trafficking, a violation of subsection (a) of Section 401
19    of the Illinois Controlled Substances Act (720 ILCS
20    570/401), controlled substance trafficking involving a
21    Class X felony amount of controlled substance under
22    Section 401 of the Illinois Controlled Substances Act (720
23    ILCS 570/401), a violation of the Methamphetamine Control
24    and Community Protection Act (720 ILCS 646/), calculated
25    criminal drug conspiracy, or streetgang criminal drug
26    conspiracy.

 

 

SB4153- 49 -LRB102 26219 RLC 36042 b

1        (4) The defendant was convicted of the offense of
2    leaving the scene of a motor vehicle accident involving
3    death or personal injuries under Section 11-401 of the
4    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
5    aggravated driving under the influence of alcohol, other
6    drug or drugs, or intoxicating compound or compounds, or
7    any combination thereof under Section 11-501 of the
8    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
9    homicide under Section 9-3 of the Criminal Code of 1961 or
10    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
11    offense described in item (A) and an offense described in
12    item (B).
13        (5) The defendant was convicted of a violation of
14    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
15    death) or Section 12-20.5 (dismembering a human body) of
16    the Criminal Code of 1961 or the Criminal Code of 2012 (720
17    ILCS 5/9-3.1 or 5/12-20.5).
18        (5.5) The defendant was convicted of a violation of
19    Section 24-3.7 (use of a stolen or illegally acquired
20    firearm in the commission of an offense) of the Criminal
21    Code of 1961 or the Criminal Code of 2012.
22        (6) If the defendant was in the custody of the
23    Department of Corrections at the time of the commission of
24    the offense, the sentence shall be served consecutive to
25    the sentence under which the defendant is held by the
26    Department of Corrections. If, however, the defendant is

 

 

SB4153- 50 -LRB102 26219 RLC 36042 b

1    sentenced to punishment by death, the sentence shall be
2    executed at such time as the court may fix without regard
3    to the sentence under which the defendant may be held by
4    the Department.
5        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
6    for escape or attempted escape shall be served consecutive
7    to the terms under which the offender is held by the
8    Department of Corrections.
9        (8) If a person charged with a felony commits a
10    separate felony while on pretrial release or in pretrial
11    detention in a county jail facility or county detention
12    facility, then the sentences imposed upon conviction of
13    these felonies shall be served consecutively regardless of
14    the order in which the judgments of conviction are
15    entered.
16        (8.5) If a person commits a battery against a county
17    correctional officer or sheriff's employee while serving a
18    sentence or in pretrial detention in a county jail
19    facility, then the sentence imposed upon conviction of the
20    battery shall be served consecutively with the sentence
21    imposed upon conviction of the earlier misdemeanor or
22    felony, regardless of the order in which the judgments of
23    conviction are entered.
24        (9) If a person admitted to bail following conviction
25    of a felony commits a separate felony while free on bond or
26    if a person detained in a county jail facility or county

 

 

SB4153- 51 -LRB102 26219 RLC 36042 b

1    detention facility following conviction of a felony
2    commits a separate felony while in detention, then any
3    sentence following conviction of the separate felony shall
4    be consecutive to that of the original sentence for which
5    the defendant was on bond or detained.
6        (10) If a person is found to be in possession of an
7    item of contraband, as defined in Section 31A-0.1 of the
8    Criminal Code of 2012, while serving a sentence in a
9    county jail or while in pre-trial detention in a county
10    jail, the sentence imposed upon conviction for the offense
11    of possessing contraband in a penal institution shall be
12    served consecutively to the sentence imposed for the
13    offense in which the person is serving sentence in the
14    county jail or serving pretrial detention, regardless of
15    the order in which the judgments of conviction are
16    entered.
17        (11) If a person is sentenced for a violation of bail
18    bond under Section 32-10 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, any sentence imposed for that
20    violation shall be served consecutive to the sentence
21    imposed for the charge for which bail had been granted and
22    with respect to which the defendant has been convicted.
23    (e) Consecutive terms; subsequent non-Illinois term. If an
24Illinois court has imposed a sentence of imprisonment on a
25defendant and the defendant is subsequently sentenced to a
26term of imprisonment by a court of another state or a federal

 

 

SB4153- 52 -LRB102 26219 RLC 36042 b

1court, then the Illinois sentence shall run consecutively to
2the sentence imposed by the court of the other state or the
3federal court. That same Illinois court, however, may order
4that the Illinois sentence run concurrently with the sentence
5imposed by the court of the other state or the federal court,
6but only if the defendant applies to that same Illinois court
7within 30 days after the sentence imposed by the court of the
8other state or the federal court is finalized.
9    (f) Consecutive terms; aggregate maximums and minimums.
10The aggregate maximum and aggregate minimum of consecutive
11sentences shall be determined as follows:
12        (1) For sentences imposed under law in effect prior to
13    February 1, 1978, the aggregate maximum of consecutive
14    sentences shall not exceed the maximum term authorized
15    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
16    Chapter V for the 2 most serious felonies involved. The
17    aggregate minimum period of consecutive sentences shall
18    not exceed the highest minimum term authorized under
19    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
20    V for the 2 most serious felonies involved. When sentenced
21    only for misdemeanors, a defendant shall not be
22    consecutively sentenced to more than the maximum for one
23    Class A misdemeanor.
24        (2) For sentences imposed under the law in effect on
25    or after February 1, 1978, the aggregate of consecutive
26    sentences for offenses that were committed as part of a

 

 

SB4153- 53 -LRB102 26219 RLC 36042 b

1    single course of conduct during which there was no
2    substantial change in the nature of the criminal objective
3    shall not exceed the sum of the maximum terms authorized
4    under Article 4.5 of Chapter V for the 2 most serious
5    felonies involved, but no such limitation shall apply for
6    offenses that were not committed as part of a single
7    course of conduct during which there was no substantial
8    change in the nature of the criminal objective. When
9    sentenced only for misdemeanors, a defendant shall not be
10    consecutively sentenced to more than the maximum for one
11    Class A misdemeanor.
12    (g) Consecutive terms; manner served. In determining the
13manner in which consecutive sentences of imprisonment, one or
14more of which is for a felony, will be served, the Department
15of Corrections shall treat the defendant as though he or she
16had been committed for a single term subject to each of the
17following:
18        (1) The maximum period of a term of imprisonment shall
19    consist of the aggregate of the maximums of the imposed
20    indeterminate terms, if any, plus the aggregate of the
21    imposed determinate sentences for felonies, plus the
22    aggregate of the imposed determinate sentences for
23    misdemeanors, subject to subsection (f) of this Section.
24        (2) The parole or mandatory supervised release term
25    shall be as provided in paragraph (e) of Section 5-4.5-50
26    (730 ILCS 5/5-4.5-50) for the most serious of the offenses

 

 

SB4153- 54 -LRB102 26219 RLC 36042 b

1    involved.
2        (3) The minimum period of imprisonment shall be the
3    aggregate of the minimum and determinate periods of
4    imprisonment imposed by the court, subject to subsection
5    (f) of this Section.
6        (4) The defendant shall be awarded credit against the
7    aggregate maximum term and the aggregate minimum term of
8    imprisonment for all time served in an institution since
9    the commission of the offense or offenses and as a
10    consequence thereof at the rate specified in Section 3-6-3
11    (730 ILCS 5/3-6-3).
12    (h) Notwithstanding any other provisions of this Section,
13all sentences imposed by an Illinois court under this Code
14shall run concurrent to any and all sentences imposed under
15the Juvenile Court Act of 1987.
16(Source: P.A. 102-350, eff. 8-13-21.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.