Full Text of HB3403 101st General Assembly
HB3403ham001 101ST GENERAL ASSEMBLY | Rep. Karina Villa Filed: 3/26/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3403
| 2 | | AMENDMENT NO. ______. Amend House Bill 3403 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-4.5-55 as follows: | 6 | | (730 ILCS 5/5-4.5-55) | 7 | | (Text of Section before amendment by P.A. 100-987 and | 8 | | 100-1161 ) | 9 | | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class | 10 | | A misdemeanor: | 11 | | (a) TERM. The sentence of imprisonment shall be a | 12 | | determinate sentence of less than one year.
| 13 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 14 | | imprisonment shall be for a definite term of less than one | 15 | | year, except as otherwise provided in Section 5-5-3 or 5-7-1 | 16 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
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| 1 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | 2 | | 5/5-8-1.2) concerning eligibility for the county impact | 3 | | incarceration program.
| 4 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 5 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 6 | | period of probation or conditional discharge shall not exceed 2 | 7 | | years. The court shall specify the conditions of probation or | 8 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 9 | | 5/5-6-3).
| 10 | | (e) FINE. A fine not to exceed $2,500 for each offense or | 11 | | the amount specified in the offense, whichever is greater, may | 12 | | be imposed. A fine may be imposed in addition to a sentence of | 13 | | conditional discharge, probation, periodic imprisonment, or | 14 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | 15 | | Art. 9) for imposition of additional amounts and determination | 16 | | of amounts and payment.
| 17 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 18 | | concerning restitution.
| 19 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 20 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 21 | | ILCS 5/5-8-4).
| 22 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 23 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 24 | | program.
| 25 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 26 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
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| 1 | | detention prior to judgment.
| 2 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | 3 | | Behavior Allowance Act (730 ILCS 130/) for rules and | 4 | | regulations for good behavior allowance.
| 5 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 6 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 7 | | electronic monitoring and home detention.
| 8 | | (Source: P.A. 100-431, eff. 8-25-17.) | 9 | | (Text of Section after amendment by P.A. 100-987 and | 10 | | 100-1161 ) | 11 | | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class | 12 | | A misdemeanor: | 13 | | (a) TERM. The sentence of imprisonment shall be a | 14 | | determinate sentence of less than one year.
| 15 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 16 | | imprisonment shall be for a definite term of less than one | 17 | | year, except as otherwise provided in Section 5-5-3 or 5-7-1 | 18 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
| 19 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | 20 | | 5/5-8-1.2) concerning eligibility for the county impact | 21 | | incarceration program.
| 22 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 23 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 24 | | period of probation or conditional discharge shall not exceed 2 | 25 | | years. The court shall specify the conditions of probation or |
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| 1 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 2 | | 5/5-6-3). Notwithstanding this subsection (d), a person | 3 | | convicted of a first violation of Section 11-501 of the | 4 | | Illinois Vehicle Code may be sentenced to a period of probation | 5 | | or conditional discharge of up to 5 years and, as a condition | 6 | | of probation or conditional discharge, to use an ignition | 7 | | interlock device on any vehicle owned the person for the | 8 | | duration of the sentence.
| 9 | | (e) FINE. Unless otherwise specified by law, the minimum | 10 | | fine is $75. A fine not to exceed $2,500 for each offense or | 11 | | the amount specified in the offense, whichever is greater, may | 12 | | be imposed. A fine may be imposed in addition to a sentence of | 13 | | conditional discharge, probation, periodic imprisonment, or | 14 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | 15 | | Art. 9) for imposition of additional amounts and determination | 16 | | of amounts and payment.
If the court finds that the fine would | 17 | | impose an undue burden on the victim, the court may reduce or | 18 | | waive the fine. | 19 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 20 | | concerning restitution.
| 21 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 22 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 23 | | ILCS 5/5-8-4).
| 24 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 25 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 26 | | program.
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| 1 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 2 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 3 | | detention prior to judgment.
| 4 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | 5 | | Behavior Allowance Act (730 ILCS 130/) for rules and | 6 | | regulations for good behavior allowance.
| 7 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 8 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 9 | | electronic monitoring and home detention.
| 10 | | (Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19; | 11 | | 100-1161, eff. 7-1-19.)
| 12 | | Section 95. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act.".
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