Full Text of SB1003 98th General Assembly
SB1003sam002 98TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1003
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1003 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by | 6 | | adding Section 24-11 as follows:
| 7 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 8 | | Sec. 24-1. Unlawful Use of Weapons.
| 9 | | (a) A person commits the offense of unlawful use of weapons | 10 | | when
he knowingly:
| 11 | | (1) Sells, manufactures, purchases, possesses or | 12 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 13 | | sand-bag, metal knuckles or other knuckle weapon | 14 | | regardless of its composition, throwing star,
or any knife, | 15 | | commonly referred to as a switchblade knife, which has a
| 16 | | blade that opens automatically by hand pressure applied to |
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| 1 | | a button,
spring or other device in the handle of the | 2 | | knife, or a ballistic knife,
which is a device that propels | 3 | | a knifelike blade as a projectile by means
of a coil | 4 | | spring, elastic material or compressed gas; or
| 5 | | (2) Carries or possesses with intent to use the same | 6 | | unlawfully
against another, a dagger, dirk, billy, | 7 | | dangerous knife, razor,
stiletto, broken bottle or other | 8 | | piece of glass, stun gun or taser or
any other dangerous or | 9 | | deadly weapon or instrument of like character; or
| 10 | | (3) Carries on or about his person or in any vehicle, a | 11 | | tear gas gun
projector or bomb or any object containing | 12 | | noxious liquid gas or
substance, other than an object | 13 | | containing a non-lethal noxious liquid gas
or substance | 14 | | designed solely for personal defense carried by a person 18
| 15 | | years of age or older; or
| 16 | | (4) Carries or possesses in any vehicle or concealed on | 17 | | or about his
person except when on his land or in his own | 18 | | abode, legal dwelling, or fixed place of
business, or on | 19 | | the land or in the legal dwelling of another person as an | 20 | | invitee with that person's permission, any pistol, | 21 | | revolver, stun gun or taser or other firearm, except
that
| 22 | | this subsection (a) (4) does not apply to or affect | 23 | | transportation of weapons
that meet one of the following | 24 | | conditions:
| 25 | | (i) are broken down in a non-functioning state; or
| 26 | | (ii) are not immediately accessible; or
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| 1 | | (iii) are unloaded and enclosed in a case, firearm | 2 | | carrying box,
shipping box, or other container by a | 3 | | person who has been issued a currently
valid Firearm | 4 | | Owner's
Identification Card; or
| 5 | | (5) Sets a spring gun; or
| 6 | | (6) Possesses any device or attachment of any kind | 7 | | designed, used or
intended for use in silencing the report | 8 | | of any firearm; or
| 9 | | (7) Sells, manufactures, purchases, possesses or | 10 | | carries:
| 11 | | (i) a machine gun, which shall be defined for the | 12 | | purposes of this
subsection as any weapon,
which | 13 | | shoots, is designed to shoot, or can be readily | 14 | | restored to shoot,
automatically more than one shot | 15 | | without manually reloading by a single
function of the | 16 | | trigger, including the frame or receiver
of any such | 17 | | weapon, or sells, manufactures, purchases, possesses, | 18 | | or
carries any combination of parts designed or | 19 | | intended for
use in converting any weapon into a | 20 | | machine gun, or any combination or
parts from which a | 21 | | machine gun can be assembled if such parts are in the
| 22 | | possession or under the control of a person;
| 23 | | (ii) any rifle having one or
more barrels less than | 24 | | 16 inches in length or a shotgun having one or more
| 25 | | barrels less than 18 inches in length or any weapon | 26 | | made from a rifle or
shotgun, whether by alteration, |
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| 1 | | modification, or otherwise, if such a weapon
as | 2 | | modified has an overall length of less than 26 inches; | 3 | | or
| 4 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 5 | | other container containing an
explosive substance of | 6 | | over one-quarter ounce for like purposes, such
as, but | 7 | | not limited to, black powder bombs and Molotov | 8 | | cocktails or
artillery projectiles; or
| 9 | | (8) Carries or possesses any firearm, stun gun or taser | 10 | | or other
deadly weapon in any place which is licensed to | 11 | | sell intoxicating
beverages, or at any public gathering | 12 | | held pursuant to a license issued
by any governmental body | 13 | | or any public gathering at which an admission
is charged, | 14 | | excluding a place where a showing, demonstration or lecture
| 15 | | involving the exhibition of unloaded firearms is | 16 | | conducted.
| 17 | | This subsection (a)(8) does not apply to any auction or | 18 | | raffle of a firearm
held pursuant to
a license or permit | 19 | | issued by a governmental body, nor does it apply to persons
| 20 | | engaged
in firearm safety training courses; or
| 21 | | (9) Carries or possesses in a vehicle or on or about | 22 | | his person any
pistol, revolver, stun gun or taser or | 23 | | firearm or ballistic knife, when
he is hooded, robed or | 24 | | masked in such manner as to conceal his identity; or
| 25 | | (10) Carries or possesses on or about his person, upon | 26 | | any public street,
alley, or other public lands within the |
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| 1 | | corporate limits of a city, village
or incorporated town, | 2 | | except when an invitee thereon or therein, for the
purpose | 3 | | of the display of such weapon or the lawful commerce in | 4 | | weapons, or
except when on his land or in his own abode, | 5 | | legal dwelling, or fixed place of business, or on the land | 6 | | or in the legal dwelling of another person as an invitee | 7 | | with that person's permission, any
pistol, revolver, stun | 8 | | gun or taser or other firearm, except that this
subsection | 9 | | (a) (10) does not apply to or affect transportation of | 10 | | weapons that
meet one of the following conditions:
| 11 | | (i) are broken down in a non-functioning state; or
| 12 | | (ii) are not immediately accessible; or
| 13 | | (iii) are unloaded and enclosed in a case, firearm | 14 | | carrying box,
shipping box, or other container by a | 15 | | person who has been issued a currently
valid Firearm | 16 | | Owner's
Identification Card.
| 17 | | A "stun gun or taser", as used in this paragraph (a) | 18 | | means (i) any device
which is powered by electrical | 19 | | charging units, such as, batteries, and
which fires one or | 20 | | several barbs attached to a length of wire and
which, upon | 21 | | hitting a human, can send out a current capable of | 22 | | disrupting
the person's nervous system in such a manner as | 23 | | to render him incapable of
normal functioning or (ii) any | 24 | | device which is powered by electrical
charging units, such | 25 | | as batteries, and which, upon contact with a human or
| 26 | | clothing worn by a human, can send out current capable of |
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| 1 | | disrupting
the person's nervous system in such a manner as | 2 | | to render him incapable
of normal functioning; or
| 3 | | (11) Sells, manufactures or purchases any explosive | 4 | | bullet. For purposes
of this paragraph (a) "explosive | 5 | | bullet" means the projectile portion of
an ammunition | 6 | | cartridge which contains or carries an explosive charge | 7 | | which
will explode upon contact with the flesh of a human | 8 | | or an animal.
"Cartridge" means a tubular metal case having | 9 | | a projectile affixed at the
front thereof and a cap or | 10 | | primer at the rear end thereof, with the
propellant | 11 | | contained in such tube between the projectile and the cap; | 12 | | or
| 13 | | (12) (Blank); or
| 14 | | (13) Carries or possesses on or about his or her person | 15 | | while in a building occupied by a unit of government, a | 16 | | billy club, other weapon of like character, or other | 17 | | instrument of like character intended for use as a weapon. | 18 | | For the purposes of this Section, "billy club" means a | 19 | | short stick or club commonly carried by police officers | 20 | | which is either telescopic or constructed of a solid piece | 21 | | of wood or other man-made material. | 22 | | (b) Sentence. A person convicted of a violation of | 23 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 24 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 25 | | Class A
misdemeanor.
A person convicted of a violation of | 26 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
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| 1 | | person
convicted of a violation of subsection 24-1(a)(6) or | 2 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 3 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 4 | | Class 2 felony and shall be sentenced to a term of imprisonment | 5 | | of not less than 3 years and not more than 7 years, unless the | 6 | | weapon is possessed in the
passenger compartment of a motor | 7 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 8 | | Code, or on the person, while the weapon is loaded, in which
| 9 | | case it shall be a Class X felony. A person convicted of a
| 10 | | second or subsequent violation of subsection 24-1(a)(4), | 11 | | 24-1(a)(8) or ,
24-1(a)(9) , or
24-1(a)(10) commits a Class 3 | 12 | | felony. A person convicted of a
second or subsequent violation | 13 | | of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3 | 14 | | felony and shall be sentenced to a term of imprisonment of not | 15 | | less than 3 years and not more than 10 years. The possession of | 16 | | each weapon in violation of this Section constitutes a single | 17 | | and separate violation.
| 18 | | (c) Violations in specific places.
| 19 | | (1) A person who violates subsection 24-1(a)(6) or | 20 | | 24-1(a)(7) in any
school, regardless of the time of day or | 21 | | the time of year, in residential
property owned, operated | 22 | | or managed by a public housing agency or
leased by
a public | 23 | | housing agency as part of a scattered site or mixed-income
| 24 | | development, in a
public park, in a courthouse, on the real | 25 | | property comprising any school,
regardless of the
time of | 26 | | day or the time of year, on residential property owned, |
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| 1 | | operated
or
managed by a public housing agency
or leased by | 2 | | a public housing agency as part of a scattered site or
| 3 | | mixed-income development,
on the real property comprising | 4 | | any
public park, on the real property comprising any | 5 | | courthouse, in any conveyance
owned, leased or contracted | 6 | | by a school to
transport students to or from school or a | 7 | | school related activity, in any conveyance
owned, leased, | 8 | | or contracted by a public transportation agency, or on any
| 9 | | public way within 1,000 feet of the real property | 10 | | comprising any school,
public park, courthouse, public | 11 | | transportation facility, or residential property owned, | 12 | | operated, or managed
by a public housing agency
or leased | 13 | | by a public housing agency as part of a scattered site or
| 14 | | mixed-income development
commits a Class 2 felony and shall | 15 | | be sentenced to a term of imprisonment of not less than 3 | 16 | | years and not more than 7 years.
| 17 | | (1.5) A person who violates subsection 24-1(a)(4), | 18 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 19 | | time of day or the time of year,
in residential property | 20 | | owned, operated, or managed by a public
housing
agency
or | 21 | | leased by a public housing agency as part of a scattered | 22 | | site or
mixed-income development,
in
a public
park, in a | 23 | | courthouse, on the real property comprising any school, | 24 | | regardless
of the time of day or the time of year, on | 25 | | residential property owned,
operated, or managed by a | 26 | | public housing agency
or leased by a public housing agency |
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| 1 | | as part of a scattered site or
mixed-income development,
on | 2 | | the real property
comprising any public park, on the real | 3 | | property comprising any courthouse, in
any conveyance | 4 | | owned, leased, or contracted by a school to transport | 5 | | students
to or from school or a school related activity, in | 6 | | any conveyance
owned, leased, or contracted by a public | 7 | | transportation agency, or on any public way within
1,000 | 8 | | feet of the real property comprising any school, public | 9 | | park, courthouse,
public transportation facility, or | 10 | | residential property owned, operated, or managed by a | 11 | | public
housing agency
or leased by a public housing agency | 12 | | as part of a scattered site or
mixed-income development
| 13 | | commits a Class 3 felony.
| 14 | | (2) A person who violates subsection 24-1(a)(1), | 15 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 16 | | time of day or the time of year, in
residential property | 17 | | owned, operated or managed by a public housing
agency
or | 18 | | leased by a public housing agency as part of a scattered | 19 | | site or
mixed-income development,
in
a public park, in a | 20 | | courthouse, on the real property comprising any school,
| 21 | | regardless of the time of day or the time of year, on | 22 | | residential property
owned, operated or managed by a public | 23 | | housing agency
or leased by a public housing agency as part | 24 | | of a scattered site or
mixed-income development,
on the | 25 | | real property
comprising any public park, on the real | 26 | | property comprising any courthouse, in
any conveyance |
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| 1 | | owned, leased or contracted by a school to transport | 2 | | students
to or from school or a school related activity, in | 3 | | any conveyance
owned, leased, or contracted by a public | 4 | | transportation agency, or on any public way within
1,000 | 5 | | feet of the real property comprising any school, public | 6 | | park, courthouse,
public transportation facility, or | 7 | | residential property owned, operated, or managed by a | 8 | | public
housing agency or leased by a public housing agency | 9 | | as part of a scattered
site or mixed-income development | 10 | | commits a Class 4 felony. "Courthouse"
means any building | 11 | | that is used by the Circuit, Appellate, or Supreme Court of
| 12 | | this State for the conduct of official business.
| 13 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 14 | | (c) shall not
apply to law
enforcement officers or security | 15 | | officers of such school, college, or
university or to | 16 | | students carrying or possessing firearms for use in | 17 | | training
courses, parades, hunting, target shooting on | 18 | | school ranges, or otherwise with
the consent of school | 19 | | authorities and which firearms are transported unloaded
| 20 | | enclosed in a suitable case, box, or transportation | 21 | | package.
| 22 | | (4) For the purposes of this subsection (c), "school" | 23 | | means any public or
private elementary or secondary school, | 24 | | community college, college, or
university.
| 25 | | (5) For the purposes of this subsection (c), "public | 26 | | transportation agency" means a public or private agency |
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| 1 | | that provides for the transportation or conveyance of
| 2 | | persons by means available to the general public, except | 3 | | for transportation
by automobiles not used for conveyance | 4 | | of the general public as passengers; and "public | 5 | | transportation facility" means a terminal or other place
| 6 | | where one may obtain public transportation.
| 7 | | (d) The presence in an automobile other than a public | 8 | | omnibus of any
weapon, instrument or substance referred to in | 9 | | subsection (a)(7) is
prima facie evidence that it is in the | 10 | | possession of, and is being
carried by, all persons occupying | 11 | | such automobile at the time such
weapon, instrument or | 12 | | substance is found, except under the following
circumstances: | 13 | | (i) if such weapon, instrument or instrumentality is
found upon | 14 | | the person of one of the occupants therein; or (ii) if such
| 15 | | weapon, instrument or substance is found in an automobile | 16 | | operated for
hire by a duly licensed driver in the due, lawful | 17 | | and proper pursuit of
his trade, then such presumption shall | 18 | | not apply to the driver.
| 19 | | (e) Exemptions. Crossbows, Common or Compound bows and | 20 | | Underwater
Spearguns are exempted from the definition of | 21 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 22 | | of this Section.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 24 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | 25 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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| 1 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 2 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 3 | | Felons or
Persons in the Custody of the
Department of | 4 | | Corrections Facilities. | 5 | | (a) It is unlawful
for a person to knowingly possess on or | 6 | | about his person or on his land or
in his own abode or fixed | 7 | | place of business any weapon prohibited under
Section 24-1 of | 8 | | this Act or any firearm or any firearm ammunition if the
person | 9 | | has been convicted of a felony under the laws of this State or | 10 | | any
other jurisdiction. This Section shall not apply if the | 11 | | person has been
granted relief by the Director of the | 12 | | Department of State Police
under Section 10 of the Firearm | 13 | | Owners Identification
Card Act.
| 14 | | (b) It is unlawful for any person confined in a penal | 15 | | institution,
which is a facility of the Illinois Department of | 16 | | Corrections, to possess
any weapon prohibited under Section | 17 | | 24-1 of this Code or any firearm or
firearm ammunition, | 18 | | regardless of the intent with which he possesses it.
| 19 | | (c) It shall be an affirmative defense to a violation of | 20 | | subsection (b), that such possession was specifically | 21 | | authorized by rule,
regulation, or directive of the Illinois | 22 | | Department of Corrections or order
issued pursuant thereto.
| 23 | | (d) The defense of necessity is not available to a person | 24 | | who is charged
with a violation of subsection (b) of this | 25 | | Section.
| 26 | | (e) Sentence. Violation of this Section by a person not |
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| 1 | | confined
in a penal institution shall be a Class 3 felony
for | 2 | | which the person shall be sentenced to no less than 4 2 years | 3 | | and no
more than 10 years and any second or subsequent | 4 | | violation shall be a Class 2 felony for which the person shall | 5 | | be sentenced to a term of imprisonment of not less than 5 3 | 6 | | years and not more than 14 years. Violation of this Section by | 7 | | a person not confined in a
penal institution who has been | 8 | | convicted of a forcible felony, a felony
violation of Article | 9 | | 24 of this Code or of the Firearm Owners Identification
Card | 10 | | Act, stalking or aggravated stalking, or a Class 2 or greater | 11 | | felony
under the Illinois Controlled Substances Act, the | 12 | | Cannabis Control Act, or the Methamphetamine Control and | 13 | | Community Protection Act is a
Class 2 felony for which the | 14 | | person
shall be sentenced to not less than 3 years and not more | 15 | | than 14 years.
Violation of this Section by a person who is on | 16 | | parole or mandatory supervised
release is a Class 2 felony for | 17 | | which the person shall be sentenced to not less than 5 3 years | 18 | | and not more than 14
years. Violation of this Section by a | 19 | | person not confined in a penal
institution is a Class X felony | 20 | | when the firearm possessed is a machine gun.
Any person who | 21 | | violates this Section while confined in a penal
institution, | 22 | | which is a facility of the Illinois Department of
Corrections, | 23 | | is guilty of a Class 1
felony, if he possesses any weapon | 24 | | prohibited under Section 24-1 of this
Code regardless of the | 25 | | intent with which he possesses it, a Class X
felony if he | 26 | | possesses any firearm, firearm ammunition or explosive, and a
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| 1 | | Class X felony for which the offender shall be sentenced to not | 2 | | less than 12
years and not more than 50 years when the firearm | 3 | | possessed is a machine
gun. A violation of this Section while | 4 | | wearing or in possession of body armor as defined in Section | 5 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 6 | | of not less than 10 years and not more than 40 years.
The | 7 | | possession of each firearm or firearm ammunition in violation | 8 | | of this Section constitutes a single and separate violation.
| 9 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 10 | | (720 ILCS 5/24-1.6) | 11 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 12 | | (a) A person commits the offense of aggravated unlawful use | 13 | | of a weapon when
he or she knowingly: | 14 | | (1) Carries on or about his or her person or in any | 15 | | vehicle or concealed
on or about his or her person except | 16 | | when on his or her land or in his or her
abode, legal | 17 | | dwelling, or fixed place of business, or on the land or in | 18 | | the legal dwelling of another person as an invitee with | 19 | | that person's permission, any pistol, revolver, stun gun or | 20 | | taser or
other firearm; or | 21 | | (2) Carries or possesses on or about his or her person, | 22 | | upon any public
street, alley, or other public lands within | 23 | | the corporate limits of a city,
village or incorporated | 24 | | town, except when an invitee thereon or therein, for
the | 25 | | purpose of the display of such weapon or the lawful |
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| 1 | | commerce in weapons, or
except when on his or her own land | 2 | | or in his or her own abode, legal dwelling, or fixed place | 3 | | of
business, or on the land or in the legal dwelling of | 4 | | another person as an invitee with that person's permission, | 5 | | any pistol, revolver, stun gun or taser or other firearm; | 6 | | and | 7 | | (3) One of the following factors is present: | 8 | | (A) the firearm possessed was uncased, loaded and | 9 | | immediately accessible
at the time of the offense; or | 10 | | (B) the firearm possessed was uncased, unloaded | 11 | | and the ammunition for
the weapon was immediately | 12 | | accessible at the time of the offense; or | 13 | | (C) the person possessing the firearm has not been | 14 | | issued a currently
valid Firearm Owner's | 15 | | Identification Card; or | 16 | | (D) the person possessing the weapon was | 17 | | previously adjudicated
a delinquent minor under the | 18 | | Juvenile Court Act of 1987 for an act that if
committed | 19 | | by an adult would be a felony; or | 20 | | (E) the person possessing the weapon was engaged in | 21 | | a misdemeanor
violation of the Cannabis
Control Act, in | 22 | | a misdemeanor violation of the Illinois Controlled | 23 | | Substances
Act, or in a misdemeanor violation of the | 24 | | Methamphetamine Control and Community Protection Act; | 25 | | or | 26 | | (F) (blank); or |
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| 1 | | (G) the person possessing the weapon had a order of | 2 | | protection issued
against him or her within the | 3 | | previous 2 years; or | 4 | | (H) the person possessing the weapon was engaged in | 5 | | the commission or
attempted commission of
a | 6 | | misdemeanor involving the use or threat of violence | 7 | | against
the person or property of another; or | 8 | | (I) the person possessing the weapon was under 21 | 9 | | years of age and in
possession of a handgun as defined | 10 | | in Section 24-3, unless the person under 21
is engaged | 11 | | in lawful activities under the Wildlife Code or | 12 | | described in
subsection 24-2(b)(1), (b)(3), or | 13 | | 24-2(f). | 14 | | (b) "Stun gun or taser" as used in this Section has the | 15 | | same definition
given to it in Section 24-1 of this Code. | 16 | | (c) This Section does not apply to or affect the | 17 | | transportation or
possession
of weapons that: | 18 | | (i) are broken down in a non-functioning state; or | 19 | | (ii) are not immediately accessible; or | 20 | | (iii) are unloaded and enclosed in a case, firearm | 21 | | carrying box,
shipping box, or other container by a | 22 | | person who has been issued a currently
valid Firearm | 23 | | Owner's
Identification Card. | 24 | | (c-1) For the purposes of this Section, a currently valid | 25 | | Firearm Owner's Identification Card includes any card which has | 26 | | not been revoked by the Department of State Police and expired |
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| 1 | | not more than 90 days before the commission of the act of | 2 | | carrying or possessing the firearm. | 3 | | (c-5) Affirmative defense. It is an affirmative defense to | 4 | | the offense
under item (C) of paragraph (3) of subsection (a) | 5 | | of this Section that the defendant has, prior to the commission | 6 | | of the offense, submitted a Firearm Owner's Identification Card | 7 | | renewal application to the Department of State Police and the | 8 | | defendant is otherwise eligible for a Firearm Owner's | 9 | | Identification Card. | 10 | | (d) Sentence. | 11 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 12 | | felony;
a second or subsequent offense is a Class 2 felony | 13 | | for which the person shall be sentenced to a term of | 14 | | imprisonment of not less than 4 3 years and not more than | 15 | | 10 7 years. | 16 | | (2) Except as otherwise provided in paragraphs (3) and | 17 | | (4) of this subsection (d), a first offense of aggravated | 18 | | unlawful use of a weapon committed with a firearm by a | 19 | | person 18 years of age or older where the factors listed in | 20 | | either both items (A) or (B) and (C) of paragraph (3) of | 21 | | subsection (a) are present is a Class 3 4 felony, for which | 22 | | the person shall be sentenced to a term of imprisonment of | 23 | | not less than one year and not more than 3 years and not | 24 | | more than 7 years . | 25 | | (3) Aggravated unlawful use of
a weapon by a person who | 26 | | has been previously
convicted of a felony in this State or |
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| 1 | | another jurisdiction is a Class 2
felony for which the | 2 | | person shall be sentenced to a term of imprisonment of not | 3 | | less than 5 3 years and not more than 10 7 years. | 4 | | (4) Aggravated unlawful use of a weapon while wearing | 5 | | or in possession of body armor as defined in Section 33F-1 | 6 | | by a person who has not been issued a valid Firearms | 7 | | Owner's Identification Card in accordance with Section 5 of | 8 | | the Firearm Owners Identification Card Act is a Class X | 9 | | felony.
| 10 | | (e) The possession of each firearm in violation of this | 11 | | Section constitutes a single and separate violation. | 12 | | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | 13 | | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.) | 14 | | (720 ILCS 5/24-1.8) | 15 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 16 | | gang member. | 17 | | (a) A person
commits unlawful possession of a firearm by a | 18 | | street gang member when he or she knowingly: | 19 | | (1) possesses, carries, or conceals on or about his or | 20 | | her person a firearm and firearm ammunition while on any | 21 | | street, road, alley, gangway, sidewalk, or any other lands, | 22 | | except when inside his or her own abode or inside his or | 23 | | her fixed place of business, and has not been issued a | 24 | | currently valid Firearm Owner's Identification Card and is | 25 | | a member of a street gang; or |
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| 1 | | (2) possesses or carries in any vehicle a firearm and | 2 | | firearm ammunition which are both immediately accessible | 3 | | at the time of the offense while on any street, road, | 4 | | alley, or any other lands, except when inside his or her | 5 | | own abode or garage, and has not been issued a currently | 6 | | valid Firearm Owner's Identification Card and is a member | 7 | | of a street gang. | 8 | | (b) Unlawful possession of a firearm by a street gang | 9 | | member is a Class 2 felony for which the person, if sentenced | 10 | | to a term of imprisonment, shall be sentenced to no less than 4 | 11 | | 3 years and no more than 10 years. A period of probation, a | 12 | | term of periodic imprisonment or conditional discharge shall | 13 | | not be imposed for the offense of unlawful possession of a | 14 | | firearm by a street gang member when the firearm was loaded or | 15 | | contained firearm ammunition and the court shall sentence the | 16 | | offender to not less than the minimum term of imprisonment | 17 | | authorized for the Class 2 felony. | 18 | | (c) For purposes of this Section: | 19 | | "Street gang" or "gang" has the meaning ascribed to it | 20 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 21 | | Prevention Act. | 22 | | "Street gang member" or "gang member" has the meaning | 23 | | ascribed to it in Section 10 of the Illinois Streetgang | 24 | | Terrorism Omnibus Prevention Act.
| 25 | | (Source: P.A. 96-829, eff. 12-3-09.) |
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| 1 | | (720 ILCS 5/24-11 new) | 2 | | Sec. 24-11. Deadly weapons dispositions; report. Each | 3 | | circuit court shall transmit to every local law enforcement | 4 | | agency located within the circuit, on a quarterly basis, the | 5 | | disposition of all cases involving violations of this Article | 6 | | 24 within the previous quarter. | 7 | | Section 10. The Unified Code of Corrections is amended by | 8 | | changing Sections 3-6-3 and 5-5-3 as follows:
| 9 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 10 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 11 | | (a) (1) The Department of Corrections shall prescribe | 12 | | rules
and regulations for awarding and revoking sentence | 13 | | credit for persons committed to the Department which shall
| 14 | | be subject to review by the Prisoner Review Board.
| 15 | | (1.5) As otherwise provided by law, sentence credit may | 16 | | be awarded for the following: | 17 | | (A) successful completion of programming while in | 18 | | custody of the Department or while in custody prior to | 19 | | sentencing; | 20 | | (B) compliance with the rules and regulations of | 21 | | the Department; or | 22 | | (C) service to the institution, service to a | 23 | | community, or service to the State.
| 24 | | (2) The rules and regulations on sentence credit shall |
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| 1 | | provide, with
respect to offenses listed in clause (i), | 2 | | (ii), or (iii) of this paragraph (2) committed on or after | 3 | | June 19, 1998 or with respect to the offense listed in | 4 | | clause (iv) of this paragraph (2) committed on or after | 5 | | June 23, 2005 (the effective date of Public Act 94-71) or | 6 | | with
respect to offense listed in clause (vi)
committed on | 7 | | or after June 1, 2008 (the effective date of Public Act | 8 | | 95-625)
or with respect to the offense of being an armed | 9 | | habitual criminal committed on or after August 2, 2005 (the | 10 | | effective date of Public Act 94-398) or with respect to the | 11 | | offenses listed in clause (v) of this paragraph (2) | 12 | | committed on or after August 13, 2007 (the effective date | 13 | | of Public Act 95-134) or with respect to the offense of | 14 | | aggravated domestic battery committed on or after July 23, | 15 | | 2010 (the effective date of Public Act 96-1224) or with | 16 | | respect to the offense of attempt to commit terrorism | 17 | | committed on or after January 1, 2013 (the effective date | 18 | | of Public Act 97-990) or with
respect to offenses listed in | 19 | | clause (viii)
committed on or after the effective date of | 20 | | this amendatory Act of the 98th General Assembly , the | 21 | | following:
| 22 | | (i) that a prisoner who is serving a term of | 23 | | imprisonment for first
degree murder or for the offense | 24 | | of terrorism shall receive no sentence
credit and shall | 25 | | serve the entire
sentence imposed by the court;
| 26 | | (ii) that a prisoner serving a sentence for attempt |
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| 1 | | to commit terrorism, attempt to commit first
degree | 2 | | murder, solicitation of murder, solicitation of murder | 3 | | for hire,
intentional homicide of an unborn child, | 4 | | predatory criminal sexual assault of a
child, | 5 | | aggravated criminal sexual assault, criminal sexual | 6 | | assault, aggravated
kidnapping, aggravated battery | 7 | | with a firearm as described in Section 12-4.2 or | 8 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 9 | | Section 12-3.05, heinous battery as described in | 10 | | Section 12-4.1 or subdivision (a)(2) of Section | 11 | | 12-3.05, being an armed habitual criminal, aggravated
| 12 | | battery of a senior citizen as described in Section | 13 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 14 | | aggravated battery of a child as described in Section | 15 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 16 | | receive no
more than 4.5 days of sentence credit for | 17 | | each month of his or her sentence
of imprisonment;
| 18 | | (iii) that a prisoner serving a sentence
for home | 19 | | invasion, armed robbery, aggravated vehicular | 20 | | hijacking,
aggravated discharge of a firearm, or armed | 21 | | violence with a category I weapon
or category II | 22 | | weapon, when the court
has made and entered a finding, | 23 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 24 | | Code, that the conduct leading to conviction for the | 25 | | enumerated offense
resulted in great bodily harm to a | 26 | | victim, shall receive no more than 4.5 days
of sentence |
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| 1 | | credit for each month of his or her sentence of | 2 | | imprisonment;
| 3 | | (iv) that a prisoner serving a sentence for | 4 | | aggravated discharge of a firearm, whether or not the | 5 | | conduct leading to conviction for the offense resulted | 6 | | in great bodily harm to the victim, shall receive no | 7 | | more than 4.5 days of sentence credit for each month of | 8 | | his or her sentence of imprisonment;
| 9 | | (v) that a person serving a sentence for | 10 | | gunrunning, narcotics racketeering, controlled | 11 | | substance trafficking, methamphetamine trafficking, | 12 | | drug-induced homicide, aggravated | 13 | | methamphetamine-related child endangerment, money | 14 | | laundering pursuant to clause (c) (4) or (5) of Section | 15 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012, or a Class X felony conviction for delivery of | 17 | | a controlled substance, possession of a controlled | 18 | | substance with intent to manufacture or deliver, | 19 | | calculated criminal drug conspiracy, criminal drug | 20 | | conspiracy, street gang criminal drug conspiracy, | 21 | | participation in methamphetamine manufacturing, | 22 | | aggravated participation in methamphetamine | 23 | | manufacturing, delivery of methamphetamine, possession | 24 | | with intent to deliver methamphetamine, aggravated | 25 | | delivery of methamphetamine, aggravated possession | 26 | | with intent to deliver methamphetamine, |
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| 1 | | methamphetamine conspiracy when the substance | 2 | | containing the controlled substance or methamphetamine | 3 | | is 100 grams or more shall receive no more than 7.5 | 4 | | days sentence credit for each month of his or her | 5 | | sentence of imprisonment;
| 6 | | (vi)
that a prisoner serving a sentence for a | 7 | | second or subsequent offense of luring a minor shall | 8 | | receive no more than 4.5 days of sentence credit for | 9 | | each month of his or her sentence of imprisonment; and
| 10 | | (vii) that a prisoner serving a sentence for | 11 | | aggravated domestic battery shall receive no more than | 12 | | 4.5 days of sentence credit for each month of his or | 13 | | her sentence of imprisonment ; and | 14 | | (viii) that a prisoner serving a sentence for a | 15 | | violation of Section 24-1.1, 24-1.6, or 24-1.8 or | 16 | | subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal | 17 | | Code of 2012 shall receive no more than 4.5 days of | 18 | | sentence credit for each month of his or her sentence | 19 | | of imprisonment .
| 20 | | (2.1) For all offenses, other than those enumerated in | 21 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 22 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 23 | | after June 23, 2005 (the effective date of Public Act | 24 | | 94-71) or subdivision (a)(2)(v) committed on or after | 25 | | August 13, 2007 (the effective date of Public Act 95-134)
| 26 | | or subdivision (a)(2)(vi) committed on or after June 1, |
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| 1 | | 2008 (the effective date of Public Act 95-625) or | 2 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 3 | | (the effective date of Public Act 96-1224), and other than | 4 | | the offense of aggravated driving under the influence of | 5 | | alcohol, other drug or drugs, or
intoxicating compound or | 6 | | compounds, or any combination thereof as defined in
| 7 | | subparagraph (F) of paragraph (1) of subsection (d) of | 8 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 9 | | the offense of aggravated driving under the influence of | 10 | | alcohol,
other drug or drugs, or intoxicating compound or | 11 | | compounds, or any combination
thereof as defined in | 12 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 13 | | Section 11-501 of the Illinois Vehicle Code committed on or | 14 | | after January 1, 2011 (the effective date of Public Act | 15 | | 96-1230),
the rules and regulations shall
provide that a | 16 | | prisoner who is serving a term of
imprisonment shall | 17 | | receive one day of sentence credit for each day of
his or | 18 | | her sentence of imprisonment or recommitment under Section | 19 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 20 | | the prisoner's period
of imprisonment or recommitment | 21 | | under Section 3-3-9.
| 22 | | (2.2) A prisoner serving a term of natural life | 23 | | imprisonment or a
prisoner who has been sentenced to death | 24 | | shall receive no sentence
credit.
| 25 | | (2.3) The rules and regulations on sentence credit | 26 | | shall provide that
a prisoner who is serving a sentence for |
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| 1 | | aggravated driving under the influence of alcohol,
other | 2 | | drug or drugs, or intoxicating compound or compounds, or | 3 | | any combination
thereof as defined in subparagraph (F) of | 4 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 5 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 6 | | of sentence credit for each month of his or her sentence of
| 7 | | imprisonment.
| 8 | | (2.4) The rules and regulations on sentence credit | 9 | | shall provide with
respect to the offenses of aggravated | 10 | | battery with a machine gun or a firearm
equipped with any | 11 | | device or attachment designed or used for silencing the
| 12 | | report of a firearm or aggravated discharge of a machine | 13 | | gun or a firearm
equipped with any device or attachment | 14 | | designed or used for silencing the
report of a firearm, | 15 | | committed on or after
July 15, 1999 (the effective date of | 16 | | Public Act 91-121),
that a prisoner serving a sentence for | 17 | | any of these offenses shall receive no
more than 4.5 days | 18 | | of sentence credit for each month of his or her sentence
of | 19 | | imprisonment.
| 20 | | (2.5) The rules and regulations on sentence credit | 21 | | shall provide that a
prisoner who is serving a sentence for | 22 | | aggravated arson committed on or after
July 27, 2001 (the | 23 | | effective date of Public Act 92-176) shall receive no more | 24 | | than
4.5 days of sentence credit for each month of his or | 25 | | her sentence of
imprisonment.
| 26 | | (2.6) The rules and regulations on sentence credit |
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| 1 | | shall provide that a
prisoner who is serving a sentence for | 2 | | aggravated driving under the influence of alcohol,
other | 3 | | drug or drugs, or intoxicating compound or compounds or any | 4 | | combination
thereof as defined in subparagraph (C) of | 5 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 6 | | Illinois Vehicle Code committed on or after January 1, 2011 | 7 | | (the effective date of Public Act 96-1230) shall receive no | 8 | | more than 4.5
days of sentence credit for each month of his | 9 | | or her sentence of
imprisonment.
| 10 | | (3) The rules and regulations shall also provide that
| 11 | | the Director may award up to 180 days additional sentence
| 12 | | credit for good conduct in specific instances as the
| 13 | | Director deems proper. The good conduct may include, but is | 14 | | not limited to, compliance with the rules and regulations | 15 | | of the Department, service to the Department, service to a | 16 | | community, or service to the State. However, the Director | 17 | | shall not award more than 90 days
of sentence credit for | 18 | | good conduct to any prisoner who is serving a sentence for
| 19 | | conviction of first degree murder, reckless homicide while | 20 | | under the
influence of alcohol or any other drug,
or | 21 | | aggravated driving under the influence of alcohol, other | 22 | | drug or drugs, or
intoxicating compound or compounds, or | 23 | | any combination thereof as defined in
subparagraph (F) of | 24 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 25 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 26 | | predatory criminal sexual assault of a child,
aggravated |
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| 1 | | criminal sexual assault, criminal sexual assault, deviate | 2 | | sexual
assault, aggravated criminal sexual abuse, | 3 | | aggravated indecent liberties
with a child, indecent | 4 | | liberties with a child, child pornography, heinous
battery | 5 | | as described in Section 12-4.1 or subdivision (a)(2) of | 6 | | Section 12-3.05, aggravated battery of a spouse, | 7 | | aggravated battery of a spouse
with a firearm, stalking, | 8 | | aggravated stalking, aggravated battery of a child as | 9 | | described in Section 12-4.3 or subdivision (b)(1) of | 10 | | Section 12-3.05,
endangering the life or health of a child, | 11 | | or cruelty to a child. Notwithstanding the foregoing, | 12 | | sentence credit for
good conduct shall not be awarded on a
| 13 | | sentence of imprisonment imposed for conviction of: (i) one | 14 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 15 | | or (iii) when the offense is committed on or after
June 19, | 16 | | 1998 or subdivision (a)(2)(iv) when the offense is | 17 | | committed on or after June 23, 2005 (the effective date of | 18 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 19 | | is committed on or after August 13, 2007 (the effective | 20 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 21 | | the offense is committed on or after June 1, 2008 (the | 22 | | effective date of Public Act 95-625) or subdivision | 23 | | (a)(2)(vii) when the offense is committed on or after July | 24 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 25 | | aggravated driving under the influence of alcohol, other | 26 | | drug or drugs, or
intoxicating compound or compounds, or |
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| 1 | | any combination thereof as defined in
subparagraph (F) of | 2 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 3 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 4 | | in subdivision
(a)(2.4) when the offense is committed on or | 5 | | after
July 15, 1999 (the effective date of Public Act | 6 | | 91-121),
(iv) aggravated arson when the offense is | 7 | | committed
on or after July 27, 2001 (the effective date of | 8 | | Public Act 92-176), (v) offenses that may subject the | 9 | | offender to commitment under the Sexually Violent Persons | 10 | | Commitment Act, or (vi) aggravated driving under the | 11 | | influence of alcohol,
other drug or drugs, or intoxicating | 12 | | compound or compounds or any combination
thereof as defined | 13 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 14 | | Section 11-501 of the Illinois Vehicle Code committed on or | 15 | | after January 1, 2011 (the effective date of Public Act | 16 | | 96-1230).
| 17 | | Eligible inmates for an award of sentence credit under
this | 18 | | paragraph (3) may be selected to receive the credit at
the | 19 | | Director's or his or her designee's sole discretion.
| 20 | | Consideration may be based on, but not limited to, any
| 21 | | available risk assessment analysis on the inmate, any history | 22 | | of conviction for violent crimes as defined by the Rights of | 23 | | Crime Victims and Witnesses Act, facts and circumstances of the | 24 | | inmate's holding offense or offenses, and the potential for | 25 | | rehabilitation. | 26 | | The Director shall not award sentence credit under this |
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| 1 | | paragraph (3) to an inmate unless the inmate has served a | 2 | | minimum of 60 days of the sentence; except nothing in this | 3 | | paragraph shall be construed to permit the Director to extend | 4 | | an inmate's sentence beyond that which was imposed by the | 5 | | court. Prior to awarding credit under this paragraph (3), the | 6 | | Director shall make a written determination that the inmate: | 7 | | (A) is eligible for the sentence credit; | 8 | | (B) has served a minimum of 60 days, or as close to | 9 | | 60 days as the sentence will allow; and | 10 | | (C) has met the eligibility criteria established | 11 | | by rule. | 12 | | The Director shall determine the form and content of | 13 | | the written determination required in this subsection. | 14 | | (3.5) The Department shall provide annual written | 15 | | reports to the Governor and the General Assembly on the | 16 | | award of sentence credit for good conduct, with the first | 17 | | report due January 1, 2014. The Department must publish | 18 | | both reports on its website within 48 hours of transmitting | 19 | | the reports to the Governor and the General Assembly. The | 20 | | reports must include: | 21 | | (A) the number of inmates awarded sentence credit | 22 | | for good conduct; | 23 | | (B) the average amount of sentence credit for good | 24 | | conduct awarded; | 25 | | (C) the holding offenses of inmates awarded | 26 | | sentence credit for good conduct; and |
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| 1 | | (D) the number of sentence credit for good conduct | 2 | | revocations.
| 3 | | (4) The rules and regulations shall also provide that | 4 | | the sentence
credit accumulated and retained under | 5 | | paragraph (2.1) of subsection (a) of
this Section by any | 6 | | inmate during specific periods of time in which such
inmate | 7 | | is engaged full-time in substance abuse programs, | 8 | | correctional
industry assignments, educational programs, | 9 | | behavior modification programs, life skills courses, or | 10 | | re-entry planning provided by the Department
under this | 11 | | paragraph (4) and satisfactorily completes the assigned | 12 | | program as
determined by the standards of the Department, | 13 | | shall be multiplied by a factor
of 1.25 for program | 14 | | participation before August 11, 1993
and 1.50 for program | 15 | | participation on or after that date.
The rules and | 16 | | regulations shall also provide that sentence credit, | 17 | | subject to the same offense limits and multiplier provided | 18 | | in this paragraph, may be provided to an inmate who was | 19 | | held in pre-trial detention prior to his or her current | 20 | | commitment to the Department of Corrections and | 21 | | successfully completed a full-time, 60-day or longer | 22 | | substance abuse program, educational program, behavior | 23 | | modification program, life skills course, or re-entry | 24 | | planning provided by the county department of corrections | 25 | | or county jail. Calculation of this county program credit | 26 | | shall be done at sentencing as provided in Section |
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| 1 | | 5-4.5-100 of this Code and shall be included in the | 2 | | sentencing order. However, no inmate shall be eligible for | 3 | | the additional sentence credit
under this paragraph (4) or | 4 | | (4.1) of this subsection (a) while assigned to a boot camp
| 5 | | or electronic detention, or if convicted of an offense | 6 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 7 | | Section that is committed on or after June 19,
1998 or | 8 | | subdivision (a)(2)(iv) of this Section that is committed on | 9 | | or after June 23, 2005 (the effective date of Public Act | 10 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 11 | | committed on or after August 13, 2007 (the effective date | 12 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 13 | | offense is committed on or after June 1, 2008 (the | 14 | | effective date of Public Act 95-625) or subdivision | 15 | | (a)(2)(vii) when the offense is committed on or after July | 16 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 17 | | convicted of aggravated driving under the influence of | 18 | | alcohol, other drug or drugs, or
intoxicating compound or | 19 | | compounds or any combination thereof as defined in
| 20 | | subparagraph (F) of paragraph (1) of subsection (d) of | 21 | | Section 11-501 of the
Illinois Vehicle Code, or if | 22 | | convicted of aggravated driving under the influence of | 23 | | alcohol,
other drug or drugs, or intoxicating compound or | 24 | | compounds or any combination
thereof as defined in | 25 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 26 | | Section 11-501 of the Illinois Vehicle Code committed on or |
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| 1 | | after January 1, 2011 (the effective date of Public Act | 2 | | 96-1230), or if convicted of an offense enumerated in | 3 | | paragraph
(a)(2.4) of this Section that is committed on or | 4 | | after
July 15, 1999 (the effective date of Public Act | 5 | | 91-121),
or first degree murder, a Class X felony, criminal | 6 | | sexual
assault, felony criminal sexual abuse, aggravated | 7 | | criminal sexual abuse,
aggravated battery with a firearm as | 8 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 9 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 10 | | successor offenses
with the same or substantially the same | 11 | | elements, or any inchoate offenses
relating to the | 12 | | foregoing offenses. No inmate shall be eligible for the
| 13 | | additional good conduct credit under this paragraph (4) who | 14 | | (i) has previously
received increased good conduct credit | 15 | | under this paragraph (4) and has
subsequently been | 16 | | convicted of a
felony, or (ii) has previously served more | 17 | | than one prior sentence of
imprisonment for a felony in an | 18 | | adult correctional facility.
| 19 | | Educational, vocational, substance abuse, behavior | 20 | | modification programs, life skills courses, re-entry | 21 | | planning, and correctional
industry programs under which | 22 | | sentence credit may be increased under
this paragraph (4) | 23 | | and paragraph (4.1) of this subsection (a) shall be | 24 | | evaluated by the Department on the basis of
documented | 25 | | standards. The Department shall report the results of these
| 26 | | evaluations to the Governor and the General Assembly by |
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| 1 | | September 30th of each
year. The reports shall include data | 2 | | relating to the recidivism rate among
program | 3 | | participants.
| 4 | | Availability of these programs shall be subject to the
| 5 | | limits of fiscal resources appropriated by the General | 6 | | Assembly for these
purposes. Eligible inmates who are | 7 | | denied immediate admission shall be
placed on a waiting | 8 | | list under criteria established by the Department.
The | 9 | | inability of any inmate to become engaged in any such | 10 | | programs
by reason of insufficient program resources or for | 11 | | any other reason
established under the rules and | 12 | | regulations of the Department shall not be
deemed a cause | 13 | | of action under which the Department or any employee or
| 14 | | agent of the Department shall be liable for damages to the | 15 | | inmate.
| 16 | | (4.1) The rules and regulations shall also provide that | 17 | | an additional 60 days of sentence credit shall be awarded | 18 | | to any prisoner who passes the high school level Test of | 19 | | General Educational Development (GED) while the prisoner | 20 | | is committed to the Department of Corrections. The sentence | 21 | | credit awarded under this paragraph (4.1) shall be in | 22 | | addition to, and shall not affect, the award of sentence | 23 | | credit under any other paragraph of this Section, but shall | 24 | | also be pursuant to the guidelines and restrictions set | 25 | | forth in paragraph (4) of subsection (a) of this Section.
| 26 | | The sentence credit provided for in this paragraph shall be |
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| 1 | | available only to those prisoners who have not previously | 2 | | earned a high school diploma or a GED. If, after an award | 3 | | of the GED sentence credit has been made and the Department | 4 | | determines that the prisoner was not eligible, then the | 5 | | award shall be revoked.
The Department may also award 60 | 6 | | days of sentence credit to any committed person who passed | 7 | | the high school level Test of General Educational | 8 | | Development (GED) while he or she was held in pre-trial | 9 | | detention prior to the current commitment to the Department | 10 | | of Corrections.
| 11 | | (4.5) The rules and regulations on sentence credit | 12 | | shall also provide that
when the court's sentencing order | 13 | | recommends a prisoner for substance abuse treatment and the
| 14 | | crime was committed on or after September 1, 2003 (the | 15 | | effective date of
Public Act 93-354), the prisoner shall | 16 | | receive no sentence credit awarded under clause (3) of this | 17 | | subsection (a) unless he or she participates in and
| 18 | | completes a substance abuse treatment program. The | 19 | | Director may waive the requirement to participate in or | 20 | | complete a substance abuse treatment program and award the | 21 | | sentence credit in specific instances if the prisoner is | 22 | | not a good candidate for a substance abuse treatment | 23 | | program for medical, programming, or operational reasons. | 24 | | Availability of
substance abuse treatment shall be subject | 25 | | to the limits of fiscal resources
appropriated by the | 26 | | General Assembly for these purposes. If treatment is not
|
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| 1 | | available and the requirement to participate and complete | 2 | | the treatment has not been waived by the Director, the | 3 | | prisoner shall be placed on a waiting list under criteria
| 4 | | established by the Department. The Director may allow a | 5 | | prisoner placed on
a waiting list to participate in and | 6 | | complete a substance abuse education class or attend | 7 | | substance
abuse self-help meetings in lieu of a substance | 8 | | abuse treatment program. A prisoner on a waiting list who | 9 | | is not placed in a substance abuse program prior to release | 10 | | may be eligible for a waiver and receive sentence credit | 11 | | under clause (3) of this subsection (a) at the discretion | 12 | | of the Director.
| 13 | | (4.6) The rules and regulations on sentence credit | 14 | | shall also provide that a prisoner who has been convicted | 15 | | of a sex offense as defined in Section 2 of the Sex | 16 | | Offender Registration Act shall receive no sentence credit | 17 | | unless he or she either has successfully completed or is | 18 | | participating in sex offender treatment as defined by the | 19 | | Sex Offender Management Board. However, prisoners who are | 20 | | waiting to receive treatment, but who are unable to do so | 21 | | due solely to the lack of resources on the part of the | 22 | | Department, may, at the Director's sole discretion, be | 23 | | awarded sentence credit at a rate as the Director shall | 24 | | determine.
| 25 | | (5) Whenever the Department is to release any inmate | 26 | | earlier than it
otherwise would because of a grant of |
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| 1 | | sentence credit for good conduct under paragraph (3) of | 2 | | subsection (a) of this Section given at any time during the | 3 | | term, the Department shall give
reasonable notice of the | 4 | | impending release not less than 14 days prior to the date | 5 | | of the release to the State's
Attorney of the county where | 6 | | the prosecution of the inmate took place, and if | 7 | | applicable, the State's Attorney of the county into which | 8 | | the inmate will be released. The Department must also make | 9 | | identification information and a recent photo of the inmate | 10 | | being released accessible on the Internet by means of a | 11 | | hyperlink labeled "Community Notification of Inmate Early | 12 | | Release" on the Department's World Wide Web homepage.
The | 13 | | identification information shall include the inmate's: | 14 | | name, any known alias, date of birth, physical | 15 | | characteristics, residence address, commitment offense and | 16 | | county where conviction was imposed. The identification | 17 | | information shall be placed on the website within 3 days of | 18 | | the inmate's release and the information may not be removed | 19 | | until either: completion of the first year of mandatory | 20 | | supervised release or return of the inmate to custody of | 21 | | the Department.
| 22 | | (b) Whenever a person is or has been committed under
| 23 | | several convictions, with separate sentences, the sentences
| 24 | | shall be construed under Section 5-8-4 in granting and
| 25 | | forfeiting of sentence credit.
| 26 | | (c) The Department shall prescribe rules and regulations
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| 1 | | for revoking sentence credit, including revoking sentence | 2 | | credit awarded for good conduct under paragraph (3) of | 3 | | subsection (a) of this Section. The Department shall prescribe | 4 | | rules and regulations for suspending or reducing
the rate of | 5 | | accumulation of sentence credit for specific
rule violations, | 6 | | during imprisonment. These rules and regulations
shall provide | 7 | | that no inmate may be penalized more than one
year of sentence | 8 | | credit for any one infraction.
| 9 | | When the Department seeks to revoke, suspend or reduce
the | 10 | | rate of accumulation of any sentence credits for
an alleged | 11 | | infraction of its rules, it shall bring charges
therefor | 12 | | against the prisoner sought to be so deprived of
sentence | 13 | | credits before the Prisoner Review Board as
provided in | 14 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 15 | | amount of credit at issue exceeds 30 days or
when during any 12 | 16 | | month period, the cumulative amount of
credit revoked exceeds | 17 | | 30 days except where the infraction is committed
or discovered | 18 | | within 60 days of scheduled release. In those cases,
the | 19 | | Department of Corrections may revoke up to 30 days of sentence | 20 | | credit.
The Board may subsequently approve the revocation of | 21 | | additional sentence credit, if the Department seeks to revoke | 22 | | sentence credit in
excess of 30 days. However, the Board shall | 23 | | not be empowered to review the
Department's decision with | 24 | | respect to the loss of 30 days of sentence
credit within any | 25 | | calendar year for any prisoner or to increase any penalty
| 26 | | beyond the length requested by the Department.
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| 1 | | The Director of the Department of Corrections, in | 2 | | appropriate cases, may
restore up to 30 days of sentence | 3 | | credits which have been revoked, suspended
or reduced. Any | 4 | | restoration of sentence credits in excess of 30 days shall
be | 5 | | subject to review by the Prisoner Review Board. However, the | 6 | | Board may not
restore sentence credit in excess of the amount | 7 | | requested by the Director.
| 8 | | Nothing contained in this Section shall prohibit the | 9 | | Prisoner Review Board
from ordering, pursuant to Section | 10 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 11 | | sentence imposed by the court that was not served due to the
| 12 | | accumulation of sentence credit.
| 13 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 14 | | federal court
against the State, the Department of Corrections, | 15 | | or the Prisoner Review Board,
or against any of
their officers | 16 | | or employees, and the court makes a specific finding that a
| 17 | | pleading, motion, or other paper filed by the prisoner is | 18 | | frivolous, the
Department of Corrections shall conduct a | 19 | | hearing to revoke up to
180 days of sentence credit by bringing | 20 | | charges against the prisoner
sought to be deprived of the | 21 | | sentence credits before the Prisoner Review
Board as provided | 22 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 23 | | prisoner has not accumulated 180 days of sentence credit at the
| 24 | | time of the finding, then the Prisoner Review Board may revoke | 25 | | all
sentence credit accumulated by the prisoner.
| 26 | | For purposes of this subsection (d):
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| 1 | | (1) "Frivolous" means that a pleading, motion, or other | 2 | | filing which
purports to be a legal document filed by a | 3 | | prisoner in his or her lawsuit meets
any or all of the | 4 | | following criteria:
| 5 | | (A) it lacks an arguable basis either in law or in | 6 | | fact;
| 7 | | (B) it is being presented for any improper purpose, | 8 | | such as to harass or
to cause unnecessary delay or | 9 | | needless increase in the cost of litigation;
| 10 | | (C) the claims, defenses, and other legal | 11 | | contentions therein are not
warranted by existing law | 12 | | or by a nonfrivolous argument for the extension,
| 13 | | modification, or reversal of existing law or the | 14 | | establishment of new law;
| 15 | | (D) the allegations and other factual contentions | 16 | | do not have
evidentiary
support or, if specifically so | 17 | | identified, are not likely to have evidentiary
support | 18 | | after a reasonable opportunity for further | 19 | | investigation or discovery;
or
| 20 | | (E) the denials of factual contentions are not | 21 | | warranted on the
evidence, or if specifically so | 22 | | identified, are not reasonably based on a lack
of | 23 | | information or belief.
| 24 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 25 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 26 | | action under
Article X of the Code of Civil Procedure or |
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| 1 | | under federal law (28 U.S.C. 2254),
a petition for claim | 2 | | under the Court of Claims Act, an action under the
federal | 3 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 4 | | subsequent petition for post-conviction relief under | 5 | | Article 122 of the Code of Criminal Procedure of 1963 | 6 | | whether filed with or without leave of court or a second or | 7 | | subsequent petition for relief from judgment under Section | 8 | | 2-1401 of the Code of Civil Procedure.
| 9 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 10 | | validity of Public Act 89-404.
| 11 | | (f) Whenever the Department is to release any inmate who | 12 | | has been convicted of a violation of an order of protection | 13 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012, earlier than it
otherwise would | 15 | | because of a grant of sentence credit, the Department, as a | 16 | | condition of release, shall require that the person, upon | 17 | | release, be placed under electronic surveillance as provided in | 18 | | Section 5-8A-7 of this Code. | 19 | | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | 20 | | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | 21 | | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | 22 | | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | 23 | | 97-1150, eff. 1-25-13.)
| 24 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 25 | | Sec. 5-5-3. Disposition.
|
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| 1 | | (a) (Blank).
| 2 | | (b) (Blank).
| 3 | | (c) (1) (Blank).
| 4 | | (2) A period of probation, a term of periodic | 5 | | imprisonment or
conditional discharge shall not be imposed | 6 | | for the following offenses.
The court shall sentence the | 7 | | offender to not less than the minimum term
of imprisonment | 8 | | set forth in this Code for the following offenses, and
may | 9 | | order a fine or restitution or both in conjunction with | 10 | | such term of
imprisonment:
| 11 | | (A) First degree murder where the death penalty is | 12 | | not imposed.
| 13 | | (B) Attempted first degree murder.
| 14 | | (C) A Class X felony.
| 15 | | (D) A violation of Section 401.1 or 407 of the
| 16 | | Illinois Controlled Substances Act, or a violation of | 17 | | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | 18 | | Act which relates to more than 5 grams of a substance
| 19 | | containing cocaine, fentanyl, or an analog thereof.
| 20 | | (D-5) A violation of subdivision (c)(1) of
Section | 21 | | 401 of the Illinois Controlled Substances Act which | 22 | | relates to 3 or more grams of a substance
containing | 23 | | heroin or an analog thereof.
| 24 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 25 | | Control
Act.
| 26 | | (F) A Class 2 or greater felony if the offender had |
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| 1 | | been convicted
of a Class 2 or greater felony, | 2 | | including any state or federal conviction for an | 3 | | offense that contained, at the time it was committed, | 4 | | the same elements as an offense now (the date of the | 5 | | offense committed after the prior Class 2 or greater | 6 | | felony) classified as a Class 2 or greater felony, | 7 | | within 10 years of the date on which the
offender
| 8 | | committed the offense for which he or she is being | 9 | | sentenced, except as
otherwise provided in Section | 10 | | 40-10 of the Alcoholism and Other Drug Abuse and
| 11 | | Dependency Act.
| 12 | | (F-5) A violation of Section 24-1, 24-1.1, or | 13 | | 24-1.6 , or 24-1.8 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 for which imprisonment is | 15 | | prescribed in those Sections.
| 16 | | (G) Residential burglary, except as otherwise | 17 | | provided in Section 40-10
of the Alcoholism and Other | 18 | | Drug Abuse and Dependency 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 | 2 | | or more persons, with an established hierarchy,
that | 3 | | encourages members of the association to perpetrate | 4 | | crimes or provides
support to the members of the | 5 | | association who do commit crimes.
| 6 | | Beginning July 1, 1994, for the purposes of this | 7 | | paragraph,
"organized gang" has the meaning ascribed | 8 | | to it in Section 10 of the Illinois
Streetgang | 9 | | Terrorism Omnibus Prevention Act.
| 10 | | (K) Vehicular hijacking.
| 11 | | (L) A second or subsequent conviction for the | 12 | | offense of hate crime
when the underlying offense upon | 13 | | which the hate crime is based is felony
aggravated
| 14 | | assault or felony mob action.
| 15 | | (M) A second or subsequent conviction for the | 16 | | offense of institutional
vandalism if the damage to the | 17 | | property 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), | 24 | | (5), 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 |
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| 1 | | Section 20-1, Section 20-1.2, or Section 20-1.3 of the | 2 | | Criminal Code of
1961 or the Criminal Code of 2012.
| 3 | | (R) A violation of Section 24-3A of the Criminal | 4 | | Code of
1961 or the Criminal Code of 2012.
| 5 | | (S) (Blank).
| 6 | | (T) A second or subsequent violation of the | 7 | | Methamphetamine Control and Community Protection Act.
| 8 | | (U) A second or subsequent violation of Section | 9 | | 6-303 of the Illinois Vehicle Code committed while his | 10 | | or her driver's license, permit, or privilege was | 11 | | revoked because of a violation of Section 9-3 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012, | 13 | | relating to the offense of reckless homicide, or a | 14 | | similar provision of a law of another state.
| 15 | | (V)
A violation of paragraph (4) of subsection (c) | 16 | | of Section 11-20.1B or paragraph (4) of subsection (c) | 17 | | of Section 11-20.3 of the Criminal Code of 1961, or | 18 | | paragraph (6) of subsection (a) of Section 11-20.1 of | 19 | | the Criminal Code of 2012 when the victim is under 13 | 20 | | years of age and the defendant has previously been | 21 | | convicted under the laws of this State or any other | 22 | | state of the offense of child pornography, aggravated | 23 | | child pornography, aggravated criminal sexual abuse, | 24 | | aggravated criminal sexual assault, predatory criminal | 25 | | sexual assault of a child, or any of the offenses | 26 | | formerly known as rape, deviate sexual assault, |
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| 1 | | indecent liberties with a child, or aggravated | 2 | | indecent liberties with a child where the victim was | 3 | | under the age of 18 years or an offense that is | 4 | | substantially equivalent to those offenses. | 5 | | (W) A violation of Section 24-3.5 of the Criminal | 6 | | Code of 1961 or the Criminal Code of 2012.
| 7 | | (X) A violation of subsection (a) of Section 31-1a | 8 | | of the Criminal Code of 1961 or the Criminal Code of | 9 | | 2012. | 10 | | (Y) A conviction for unlawful possession of a | 11 | | firearm by a street gang member when the firearm was | 12 | | loaded or contained firearm ammunition. | 13 | | (Z) A Class 1 felony committed while he or she was | 14 | | serving a term of probation or conditional discharge | 15 | | for a felony. | 16 | | (AA) Theft of property exceeding $500,000 and not | 17 | | exceeding $1,000,000 in value. | 18 | | (BB) Laundering of criminally derived property of | 19 | | a value exceeding
$500,000. | 20 | | (CC) Knowingly selling, offering for sale, holding | 21 | | for sale, or using 2,000 or more counterfeit items or | 22 | | counterfeit items having a retail value in the | 23 | | aggregate of $500,000 or more. | 24 | | (DD) A conviction for aggravated assault under | 25 | | paragraph (6) of subsection (c) of Section 12-2 of the | 26 | | Criminal Code of 1961 or the Criminal Code of 2012 if |
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| 1 | | the firearm is aimed toward the person against whom the | 2 | | firearm is being used.
| 3 | | (3) (Blank).
| 4 | | (4) A minimum term of imprisonment of not less than 10
| 5 | | consecutive days or 30 days of community service shall be | 6 | | imposed for a
violation of paragraph (c) of Section 6-303 | 7 | | of the Illinois Vehicle Code.
| 8 | | (4.1) (Blank).
| 9 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) | 10 | | of this subsection (c), a
minimum of
100 hours of community | 11 | | service shall be imposed for a second violation of
Section | 12 | | 6-303
of the Illinois Vehicle Code.
| 13 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 14 | | hours of community
service, as determined by the court, | 15 | | shall
be imposed for a second violation of subsection (c) | 16 | | of Section 6-303 of the
Illinois Vehicle Code.
| 17 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), | 18 | | and (4.9) of this
subsection (c), a
minimum term of | 19 | | imprisonment of 30 days or 300 hours of community service, | 20 | | as
determined by the court, shall
be imposed
for a third or | 21 | | subsequent violation of Section 6-303 of the Illinois | 22 | | Vehicle
Code.
| 23 | | (4.5) A minimum term of imprisonment of 30 days
shall | 24 | | be imposed for a third violation of subsection (c) of
| 25 | | Section 6-303 of the Illinois Vehicle Code.
| 26 | | (4.6) Except as provided in paragraph (4.10) of this |
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| 1 | | subsection (c), a minimum term of imprisonment of 180 days | 2 | | shall be imposed for a
fourth or subsequent violation of | 3 | | subsection (c) of Section 6-303 of the
Illinois Vehicle | 4 | | Code.
| 5 | | (4.7) A minimum term of imprisonment of not less than | 6 | | 30 consecutive days, or 300 hours of community service, | 7 | | shall be imposed for a violation of subsection (a-5) of | 8 | | Section 6-303 of the Illinois Vehicle Code, as provided in | 9 | | subsection (b-5) of that Section.
| 10 | | (4.8) A mandatory prison sentence shall be imposed for | 11 | | a second violation of subsection (a-5) of Section 6-303 of | 12 | | the Illinois Vehicle Code, as provided in subsection (c-5) | 13 | | of that Section. The person's driving privileges shall be | 14 | | revoked for a period of not less than 5 years from the date | 15 | | of his or her release from prison.
| 16 | | (4.9) A mandatory prison sentence of not less than 4 | 17 | | and not more than 15 years shall be imposed for a third | 18 | | violation of subsection (a-5) of Section 6-303 of the | 19 | | Illinois Vehicle Code, as provided in subsection (d-2.5) of | 20 | | that Section. The person's driving privileges shall be | 21 | | revoked for the remainder of his or her life.
| 22 | | (4.10) A mandatory prison sentence for a Class 1 felony | 23 | | shall be imposed, and the person shall be eligible for an | 24 | | extended term sentence, for a fourth or subsequent | 25 | | violation of subsection (a-5) of Section 6-303 of the | 26 | | Illinois Vehicle Code, as provided in subsection (d-3.5) of |
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| 1 | | that Section. The person's driving privileges shall be | 2 | | revoked for the remainder of his or her life.
| 3 | | (5) The court may sentence a corporation or | 4 | | unincorporated
association convicted of any offense to:
| 5 | | (A) a period of conditional discharge;
| 6 | | (B) a fine;
| 7 | | (C) make restitution to the victim under Section | 8 | | 5-5-6 of this Code.
| 9 | | (5.1) In addition to any other penalties imposed, and | 10 | | except as provided in paragraph (5.2) or (5.3), a person
| 11 | | convicted of violating subsection (c) of Section 11-907 of | 12 | | the Illinois
Vehicle Code shall have his or her driver's | 13 | | license, permit, or privileges
suspended for at least 90 | 14 | | days but not more than one year, if the violation
resulted | 15 | | in damage to the property of another person.
| 16 | | (5.2) In addition to any other penalties imposed, and | 17 | | except as provided in paragraph (5.3), a person convicted
| 18 | | of violating subsection (c) of Section 11-907 of the | 19 | | Illinois Vehicle Code
shall have his or her driver's | 20 | | license, permit, or privileges suspended for at
least 180 | 21 | | days but not more than 2 years, if the violation resulted | 22 | | in injury
to
another person.
| 23 | | (5.3) In addition to any other penalties imposed, a | 24 | | person convicted of violating subsection (c) of Section
| 25 | | 11-907 of the Illinois Vehicle Code shall have his or her | 26 | | driver's license,
permit, or privileges suspended for 2 |
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| 1 | | years, if the violation resulted in the
death of another | 2 | | person.
| 3 | | (5.4) In addition to any other penalties imposed, a | 4 | | person convicted of violating Section 3-707 of the Illinois | 5 | | Vehicle Code shall have his or her driver's license, | 6 | | permit, or privileges suspended for 3 months and until he | 7 | | or she has paid a reinstatement fee of $100. | 8 | | (5.5) In addition to any other penalties imposed, a | 9 | | person convicted of violating Section 3-707 of the Illinois | 10 | | Vehicle Code during a period in which his or her driver's | 11 | | license, permit, or privileges were suspended for a | 12 | | previous violation of that Section shall have his or her | 13 | | driver's license, permit, or privileges suspended for an | 14 | | additional 6 months after the expiration of the original | 15 | | 3-month suspension and until he or she has paid a | 16 | | reinstatement fee of $100.
| 17 | | (6) (Blank).
| 18 | | (7) (Blank).
| 19 | | (8) (Blank).
| 20 | | (9) A defendant convicted of a second or subsequent | 21 | | offense of ritualized
abuse of a child may be sentenced to | 22 | | a term of natural life imprisonment.
| 23 | | (10) (Blank).
| 24 | | (11) The court shall impose a minimum fine of $1,000 | 25 | | for a first offense
and $2,000 for a second or subsequent | 26 | | offense upon a person convicted of or
placed on supervision |
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| 1 | | for battery when the individual harmed was a sports
| 2 | | official or coach at any level of competition and the act | 3 | | causing harm to the
sports
official or coach occurred | 4 | | within an athletic facility or within the immediate | 5 | | vicinity
of the athletic facility at which the sports | 6 | | official or coach was an active
participant
of the athletic | 7 | | contest held at the athletic facility. For the purposes of
| 8 | | this paragraph (11), "sports official" means a person at an | 9 | | athletic contest
who enforces the rules of the contest, | 10 | | such as an umpire or referee; "athletic facility" means an | 11 | | indoor or outdoor playing field or recreational area where | 12 | | sports activities are conducted;
and "coach" means a person | 13 | | recognized as a coach by the sanctioning
authority that | 14 | | conducted the sporting event. | 15 | | (12) A person may not receive a disposition of court | 16 | | supervision for a
violation of Section 5-16 of the Boat | 17 | | Registration and Safety Act if that
person has previously | 18 | | received a disposition of court supervision for a
violation | 19 | | of that Section.
| 20 | | (13) A person convicted of or placed on court | 21 | | supervision for an assault or aggravated assault when the | 22 | | victim and the offender are family or household members as | 23 | | defined in Section 103 of the Illinois Domestic Violence | 24 | | Act of 1986 or convicted of domestic battery or aggravated | 25 | | domestic battery may be required to attend a Partner Abuse | 26 | | Intervention Program under protocols set forth by the |
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| 1 | | Illinois Department of Human Services under such terms and | 2 | | conditions imposed by the court. The costs of such classes | 3 | | shall be paid by the offender.
| 4 | | (d) In any case in which a sentence originally imposed is | 5 | | vacated,
the case shall be remanded to the trial court. The | 6 | | trial court shall
hold a hearing under Section 5-4-1 of the | 7 | | Unified Code of Corrections
which may include evidence of the | 8 | | defendant's life, moral character and
occupation during the | 9 | | time since the original sentence was passed. The
trial court | 10 | | shall then impose sentence upon the defendant. The trial
court | 11 | | may impose any sentence which could have been imposed at the
| 12 | | original trial subject to Section 5-5-4 of the Unified Code of | 13 | | Corrections.
If a sentence is vacated on appeal or on | 14 | | collateral attack due to the
failure of the trier of fact at | 15 | | trial to determine beyond a reasonable doubt
the
existence of a | 16 | | fact (other than a prior conviction) necessary to increase the
| 17 | | punishment for the offense beyond the statutory maximum | 18 | | otherwise applicable,
either the defendant may be re-sentenced | 19 | | to a term within the range otherwise
provided or, if the State | 20 | | files notice of its intention to again seek the
extended | 21 | | sentence, the defendant shall be afforded a new trial.
| 22 | | (e) In cases where prosecution for
aggravated criminal | 23 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 24 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 25 | | of a defendant
who was a family member of the victim at the | 26 | | time of the commission of the
offense, the court shall consider |
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| 1 | | the safety and welfare of the victim and
may impose a sentence | 2 | | of probation only where:
| 3 | | (1) the court finds (A) or (B) or both are appropriate:
| 4 | | (A) the defendant is willing to undergo a court | 5 | | approved counseling
program for a minimum duration of 2 | 6 | | years; or
| 7 | | (B) the defendant is willing to participate in a | 8 | | court approved plan
including but not limited to the | 9 | | defendant's:
| 10 | | (i) removal from the household;
| 11 | | (ii) restricted contact with the victim;
| 12 | | (iii) continued financial support of the | 13 | | family;
| 14 | | (iv) restitution for harm done to the victim; | 15 | | and
| 16 | | (v) compliance with any other measures that | 17 | | the court may
deem appropriate; and
| 18 | | (2) the court orders the defendant to pay for the | 19 | | victim's counseling
services, to the extent that the court | 20 | | finds, after considering the
defendant's income and | 21 | | assets, that the defendant is financially capable of
paying | 22 | | for such services, if the victim was under 18 years of age | 23 | | at the
time the offense was committed and requires | 24 | | counseling as a result of the
offense.
| 25 | | Probation may be revoked or modified pursuant to Section | 26 | | 5-6-4; except
where the court determines at the hearing that |
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| 1 | | the defendant violated a
condition of his or her probation | 2 | | restricting contact with the victim or
other family members or | 3 | | commits another offense with the victim or other
family | 4 | | members, the court shall revoke the defendant's probation and
| 5 | | impose a term of imprisonment.
| 6 | | For the purposes of this Section, "family member" and | 7 | | "victim" shall have
the meanings ascribed to them in Section | 8 | | 11-0.1 of the Criminal Code of
2012.
| 9 | | (f) (Blank).
| 10 | | (g) Whenever a defendant is convicted of an offense under | 11 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 12 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 13 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 14 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 15 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012,
the defendant shall undergo medical | 17 | | testing to
determine whether the defendant has any sexually | 18 | | transmissible disease,
including a test for infection with | 19 | | human immunodeficiency virus (HIV) or
any other identified | 20 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 21 | | Any such medical test shall be performed only by appropriately
| 22 | | licensed medical practitioners and may include an analysis of | 23 | | any bodily
fluids as well as an examination of the defendant's | 24 | | person.
Except as otherwise provided by law, the results of | 25 | | such test shall be kept
strictly confidential by all medical | 26 | | personnel involved in the testing and must
be personally |
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| 1 | | delivered in a sealed envelope to the judge of the court in | 2 | | which
the conviction was entered for the judge's inspection in | 3 | | camera. Acting in
accordance with the best interests of the | 4 | | victim and the public, the judge
shall have the discretion to | 5 | | determine to whom, if anyone, the results of the
testing may be | 6 | | revealed. The court shall notify the defendant
of the test | 7 | | results. The court shall
also notify the victim if requested by | 8 | | the victim, and if the victim is under
the age of 15 and if | 9 | | requested by the victim's parents or legal guardian, the
court | 10 | | shall notify the victim's parents or legal guardian of the test
| 11 | | results.
The court shall provide information on the | 12 | | availability of HIV testing
and counseling at Department of | 13 | | Public Health facilities to all parties to
whom the results of | 14 | | the testing are revealed and shall direct the State's
Attorney | 15 | | to provide the information to the victim when possible.
A | 16 | | State's Attorney may petition the court to obtain the results | 17 | | of any HIV test
administered under this Section, and the court | 18 | | shall grant the disclosure if
the State's Attorney shows it is | 19 | | relevant in order to prosecute a charge of
criminal | 20 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 22 | | defendant. The court shall order that the cost of any such test
| 23 | | shall be paid by the county and may be taxed as costs against | 24 | | the convicted
defendant.
| 25 | | (g-5) When an inmate is tested for an airborne communicable | 26 | | disease, as
determined by the Illinois Department of Public |
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| 1 | | Health including but not
limited to tuberculosis, the results | 2 | | of the test shall be
personally delivered by the warden or his | 3 | | or her designee in a sealed envelope
to the judge of the court | 4 | | in which the inmate must appear for the judge's
inspection in | 5 | | camera if requested by the judge. Acting in accordance with the
| 6 | | best interests of those in the courtroom, the judge shall have | 7 | | the discretion
to determine what if any precautions need to be | 8 | | taken to prevent transmission
of the disease in the courtroom.
| 9 | | (h) Whenever a defendant is convicted of an offense under | 10 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 11 | | defendant shall undergo
medical testing to determine whether | 12 | | the defendant has been exposed to human
immunodeficiency virus | 13 | | (HIV) or any other identified causative agent of
acquired | 14 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 15 | | by
law, the results of such test shall be kept strictly | 16 | | confidential by all
medical personnel involved in the testing | 17 | | and must be personally delivered in a
sealed envelope to the | 18 | | judge of the court in which the conviction was entered
for the | 19 | | judge's inspection in camera. Acting in accordance with the | 20 | | best
interests of the public, the judge shall have the | 21 | | discretion to determine to
whom, if anyone, the results of the | 22 | | testing may be revealed. The court shall
notify the defendant | 23 | | of a positive test showing an infection with the human
| 24 | | immunodeficiency virus (HIV). The court shall provide | 25 | | information on the
availability of HIV testing and counseling | 26 | | at Department of Public Health
facilities to all parties to |
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| 1 | | whom the results of the testing are revealed and
shall direct | 2 | | the State's Attorney to provide the information to the victim | 3 | | when
possible. A State's Attorney may petition the court to | 4 | | obtain the results of
any HIV test administered under this | 5 | | Section, and the court shall grant the
disclosure if the | 6 | | State's Attorney shows it is relevant in order to prosecute a
| 7 | | charge of criminal transmission of HIV under Section 12-5.01 or | 8 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 9 | | 2012 against the defendant. The court shall order that the cost | 10 | | of any
such test shall be paid by the county and may be taxed as | 11 | | costs against the
convicted defendant.
| 12 | | (i) All fines and penalties imposed under this Section for | 13 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 14 | | Vehicle Code, or a similar
provision of a local ordinance, and | 15 | | any violation
of the Child Passenger Protection Act, or a | 16 | | similar provision of a local
ordinance, shall be collected and | 17 | | disbursed by the circuit
clerk as provided under Section 27.5 | 18 | | of the Clerks of Courts Act.
| 19 | | (j) In cases when prosecution for any violation of Section | 20 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 21 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 22 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 23 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 24 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 25 | | Code of 2012, any violation of the Illinois Controlled | 26 | | Substances Act,
any violation of the Cannabis Control Act, or |
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| 1 | | any violation of the Methamphetamine Control and Community | 2 | | Protection Act results in conviction, a
disposition of court | 3 | | supervision, or an order of probation granted under
Section 10 | 4 | | of the Cannabis Control Act, Section 410 of the Illinois
| 5 | | Controlled Substance Act, or Section 70 of the Methamphetamine | 6 | | Control and Community Protection Act of a defendant, the court | 7 | | shall determine whether the
defendant is employed by a facility | 8 | | or center as defined under the Child Care
Act of 1969, a public | 9 | | or private elementary or secondary school, or otherwise
works | 10 | | with children under 18 years of age on a daily basis. When a | 11 | | defendant
is so employed, the court shall order the Clerk of | 12 | | the Court to send a copy of
the judgment of conviction or order | 13 | | of supervision or probation to the
defendant's employer by | 14 | | certified mail.
If the employer of the defendant is a school, | 15 | | the Clerk of the Court shall
direct the mailing of a copy of | 16 | | the judgment of conviction or order of
supervision or probation | 17 | | to the appropriate regional superintendent of schools.
The | 18 | | regional superintendent of schools shall notify the State Board | 19 | | of
Education of any notification under this subsection.
| 20 | | (j-5) A defendant at least 17 years of age who is convicted | 21 | | of a felony and
who has not been previously convicted of a | 22 | | misdemeanor or felony and who is
sentenced to a term of | 23 | | imprisonment in the Illinois Department of Corrections
shall as | 24 | | a condition of his or her sentence be required by the court to | 25 | | attend
educational courses designed to prepare the defendant | 26 | | for a high school diploma
and to work toward a high school |
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| 1 | | diploma or to work toward passing the high
school level Test of | 2 | | General Educational Development (GED) or to work toward
| 3 | | completing a vocational training program offered by the | 4 | | Department of
Corrections. If a defendant fails to complete the | 5 | | educational training
required by his or her sentence during the | 6 | | term of incarceration, the Prisoner
Review Board shall, as a | 7 | | condition of mandatory supervised release, require the
| 8 | | defendant, at his or her own expense, to pursue a course of | 9 | | study toward a high
school diploma or passage of the GED test. | 10 | | The Prisoner Review Board shall
revoke the mandatory supervised | 11 | | release of a defendant who wilfully fails to
comply with this | 12 | | subsection (j-5) upon his or her release from confinement in a
| 13 | | penal institution while serving a mandatory supervised release | 14 | | term; however,
the inability of the defendant after making a | 15 | | good faith effort to obtain
financial aid or pay for the | 16 | | educational training shall not be deemed a wilful
failure to | 17 | | comply. The Prisoner Review Board shall recommit the defendant
| 18 | | whose mandatory supervised release term has been revoked under | 19 | | this subsection
(j-5) as provided in Section 3-3-9. This | 20 | | subsection (j-5) does not apply to a
defendant who has a high | 21 | | school diploma or has successfully passed the GED
test. This | 22 | | subsection (j-5) does not apply to a defendant who is | 23 | | determined by
the court to be developmentally disabled or | 24 | | otherwise mentally incapable of
completing the educational or | 25 | | vocational program.
| 26 | | (k) (Blank).
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| 1 | | (l) (A) Except as provided
in paragraph (C) of subsection | 2 | | (l), whenever a defendant,
who is an alien as defined by | 3 | | the Immigration and Nationality Act, is convicted
of any | 4 | | felony or misdemeanor offense, the court after sentencing | 5 | | the defendant
may, upon motion of the State's Attorney, | 6 | | hold sentence in abeyance and remand
the defendant to the | 7 | | custody of the Attorney General of
the United States or his | 8 | | or her designated agent to be deported when:
| 9 | | (1) a final order of deportation has been issued | 10 | | against the defendant
pursuant to proceedings under | 11 | | the Immigration and Nationality Act, and
| 12 | | (2) the deportation of the defendant would not | 13 | | deprecate the seriousness
of the defendant's conduct | 14 | | and would not be inconsistent with the ends of
justice.
| 15 | | Otherwise, the defendant shall be sentenced as | 16 | | provided in this Chapter V.
| 17 | | (B) If the defendant has already been sentenced for a | 18 | | felony or
misdemeanor
offense, or has been placed on | 19 | | probation under Section 10 of the Cannabis
Control Act,
| 20 | | Section 410 of the Illinois Controlled Substances Act, or | 21 | | Section 70 of the Methamphetamine Control and Community | 22 | | Protection Act, the court
may, upon motion of the State's | 23 | | Attorney to suspend the
sentence imposed, commit the | 24 | | defendant to the custody of the Attorney General
of the | 25 | | United States or his or her designated agent when:
| 26 | | (1) a final order of deportation has been issued |
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| 1 | | against the defendant
pursuant to proceedings under | 2 | | the Immigration and Nationality Act, and
| 3 | | (2) the deportation of the defendant would not | 4 | | deprecate the seriousness
of the defendant's conduct | 5 | | and would not be inconsistent with the ends of
justice.
| 6 | | (C) This subsection (l) does not apply to offenders who | 7 | | are subject to the
provisions of paragraph (2) of | 8 | | subsection (a) of Section 3-6-3.
| 9 | | (D) Upon motion of the State's Attorney, if a defendant | 10 | | sentenced under
this Section returns to the jurisdiction of | 11 | | the United States, the defendant
shall be recommitted to | 12 | | the custody of the county from which he or she was
| 13 | | sentenced.
Thereafter, the defendant shall be brought | 14 | | before the sentencing court, which
may impose any sentence | 15 | | that was available under Section 5-5-3 at the time of
| 16 | | initial sentencing. In addition, the defendant shall not be | 17 | | eligible for
additional sentence credit for good conduct as | 18 | | provided under
Section 3-6-3.
| 19 | | (m) A person convicted of criminal defacement of property | 20 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, in which the property damage exceeds | 22 | | $300
and the property damaged is a school building, shall be | 23 | | ordered to perform
community service that may include cleanup, | 24 | | removal, or painting over the
defacement.
| 25 | | (n) The court may sentence a person convicted of a | 26 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
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| 1 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 2 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 3 | | incarceration program if the person is otherwise eligible for | 4 | | that program
under Section 5-8-1.1, (ii) to community service, | 5 | | or (iii) if the person is an
addict or alcoholic, as defined in | 6 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 7 | | substance or alcohol abuse program licensed under that
Act. | 8 | | (o) Whenever a person is convicted of a sex offense as | 9 | | defined in Section 2 of the Sex Offender Registration Act, the | 10 | | defendant's driver's license or permit shall be subject to | 11 | | renewal on an annual basis in accordance with the provisions of | 12 | | license renewal established by the Secretary of State.
| 13 | | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | 14 | | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | 15 | | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | 16 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 17 | | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | 18 | | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | 19 | | eff. 1-25-13.)".
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