Full Text of SB0901 101st General Assembly
SB0901sam001 101ST GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/5/2019
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| 1 | | AMENDMENT TO SENATE BILL 901
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 901 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 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as | 6 | | follows:
| 7 | | (720 ILCS 5/18-4)
| 8 | | Sec. 18-4. Aggravated vehicular hijacking.
| 9 | | (a) A person commits aggravated vehicular hijacking when he | 10 | | or she violates
Section 18-3; and
| 11 | | (1) the person from whose immediate presence the motor | 12 | | vehicle is
taken is a person with a physical disability or | 13 | | a person 60 years of age or over;
or
| 14 | | (2) a person under 16 years of age is a passenger in | 15 | | the motor vehicle at
the time of the offense; or
| 16 | | (3) he or she carries on or about his or her person, or |
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| 1 | | is otherwise armed
with a dangerous weapon, other than a | 2 | | firearm; or
| 3 | | (4) he or she carries on or about his or her person or | 4 | | is otherwise armed
with a firearm; or
| 5 | | (5) he or she, during the commission of the offense, | 6 | | personally discharges
a firearm; or
| 7 | | (6) he or she, during the commission of the offense, | 8 | | personally discharges
a firearm that proximately causes | 9 | | great bodily harm, permanent disability,
permanent | 10 | | disfigurement, or death to another person.
| 11 | | (b) Sentence. Aggravated vehicular hijacking is a Class X | 12 | | felony for a first offense for which a term of imprisonment of | 13 | | not less than 10 years and not more than 60 years shall be | 14 | | imposed. A second or subsequent offense is a Class X felony for | 15 | | which a term of natural life imprisonment shall be imposed in | 16 | | violation of subsections
(a)(1) or (a)(2) is a Class X felony.
| 17 | | A violation of subsection (a)(3) is a Class X
felony for which | 18 | | a term of imprisonment of not less than 7 years shall be
| 19 | | imposed.
A violation of subsection (a)(4) is a Class X
felony | 20 | | for which 15 years shall be added to the term of imprisonment | 21 | | imposed by
the court. A violation of subsection (a)(5) is
a | 22 | | Class X felony for which 20 years shall be added to the term of | 23 | | imprisonment
imposed by the court. A violation of subsection
| 24 | | (a)(6) is a Class X felony for which 25 years or up to a term of | 25 | | natural life
shall be added to the term of imprisonment imposed | 26 | | by the court .
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 2 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 3 | | Sec. 24-1.1. Unlawful use or possession of weapons by | 4 | | felons or
persons in the custody of the
Department of | 5 | | Corrections facilities. | 6 | | (a) It is unlawful
for a person to knowingly possess on or | 7 | | about his person or on his land or
in his own abode or fixed | 8 | | place of business any weapon prohibited under
Section 24-1 of | 9 | | this Act or any firearm or any firearm ammunition if the
person | 10 | | has been convicted of a felony under the laws of this State or | 11 | | any
other jurisdiction. This Section shall not apply if the | 12 | | person has been
granted relief by the Director of the | 13 | | Department of State Police
under Section 10 of the Firearm | 14 | | Owners Identification
Card Act.
| 15 | | (b) It is unlawful for any person confined in a penal | 16 | | institution,
which is a facility of the Illinois Department of | 17 | | Corrections, to possess
any weapon prohibited under Section | 18 | | 24-1 of this Code or any firearm or
firearm ammunition, | 19 | | regardless of the intent with which he possesses it.
| 20 | | (c) It shall be an affirmative defense to a violation of | 21 | | subsection (b), that such possession was specifically | 22 | | authorized by rule,
regulation, or directive of the Illinois | 23 | | Department of Corrections or order
issued pursuant thereto.
| 24 | | (d) The defense of necessity is not available to a person | 25 | | who is charged
with a violation of subsection (b) of this |
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| 1 | | Section.
| 2 | | (e) Sentence. Violation of this Section is a Class X felony | 3 | | for a first offense for which a term of imprisonment of not | 4 | | less than 10 years shall be imposed. A second or subsequent | 5 | | offense is a Class X felony for which a term of natural life | 6 | | imprisonment shall be imposed by a person not confined
in a | 7 | | penal institution shall be a Class 3 felony
for which the | 8 | | person shall be sentenced to no less than 2 years and no
more | 9 | | than 10 years. A second or subsequent violation of this Section | 10 | | shall be a Class 2 felony for which the person shall be | 11 | | sentenced to a term of imprisonment of not less than 3 years | 12 | | and not more than 14 years, except as provided for in Section | 13 | | 5-4.5-110 of the Unified Code of Corrections. Violation of this | 14 | | Section by a person not confined in a
penal institution who has | 15 | | been convicted of a forcible felony, a felony
violation of | 16 | | Article 24 of this Code or of the Firearm Owners Identification
| 17 | | Card Act, stalking or aggravated stalking, or a Class 2 or | 18 | | greater felony
under the Illinois Controlled Substances Act, | 19 | | the Cannabis Control Act, or the Methamphetamine Control and | 20 | | Community Protection Act is a
Class 2 felony for which the | 21 | | person
shall be sentenced to not less than 3 years and not more | 22 | | than 14 years, except as provided for in Section 5-4.5-110 of | 23 | | the Unified Code of Corrections.
Violation of this Section by a | 24 | | person who is on parole or mandatory supervised
release is a | 25 | | Class 2 felony for which the person shall be sentenced to not | 26 | | less than 3 years and not more than 14
years, except as |
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| 1 | | provided for in Section 5-4.5-110 of the Unified Code of | 2 | | Corrections. Violation of this Section by a person not confined | 3 | | in a penal
institution is a Class X felony when the firearm | 4 | | possessed is a machine gun.
Any person who violates this | 5 | | Section while confined in a penal
institution, which is a | 6 | | facility of the Illinois Department of
Corrections, is guilty | 7 | | of a Class 1
felony, if he possesses any weapon prohibited | 8 | | under Section 24-1 of this
Code regardless of the intent with | 9 | | which he possesses it, a Class X
felony if he possesses any | 10 | | firearm, firearm ammunition or explosive, and a
Class X felony | 11 | | for which the offender shall be sentenced to not less than 12
| 12 | | years and not more than 50 years when the firearm possessed is | 13 | | a machine
gun. A violation of this Section while wearing or in | 14 | | possession of body armor as defined in Section 33F-1 is a Class | 15 | | X felony punishable by a term of imprisonment of not less than | 16 | | 10 years and not more than 40 years .
The possession of each | 17 | | firearm or firearm ammunition in violation of this Section | 18 | | constitutes a single and separate violation.
| 19 | | (Source: P.A. 100-3, eff. 1-1-18 .)
| 20 | | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| 21 | | Sec. 24-1.2. Aggravated discharge of a firearm. | 22 | | (a) A person commits aggravated discharge of a firearm when | 23 | | he or she
knowingly or
intentionally:
| 24 | | (1) Discharges a firearm at or into a building he or | 25 | | she knows or
reasonably
should know to be
occupied and the |
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| 1 | | firearm is discharged from a place or position outside
that | 2 | | building;
| 3 | | (2) Discharges a firearm in the direction of another | 4 | | person or in the
direction of a vehicle he or she knows or | 5 | | reasonably should know to be
occupied by a person;
| 6 | | (3) Discharges a firearm in the direction of a person | 7 | | he or she knows
to be
a peace officer, a community policing | 8 | | volunteer, a
correctional institution employee, or a | 9 | | fireman while the officer,
volunteer,
employee or fireman | 10 | | is engaged in the execution of any of his or her
official
| 11 | | duties, or to prevent the officer, volunteer, employee or | 12 | | fireman from
performing his or her
official duties, or in | 13 | | retaliation for the officer, volunteer, employee or
| 14 | | fireman
performing his or her official duties;
| 15 | | (4) Discharges a firearm in the direction of a vehicle | 16 | | he or she knows
to be
occupied by a peace officer, a person | 17 | | summoned or directed by a peace
officer, a correctional | 18 | | institution employee or a fireman while the
officer, | 19 | | employee or fireman is engaged in the execution of any of | 20 | | his or
her
official duties, or to prevent the officer, | 21 | | employee or fireman from
performing his or her official | 22 | | duties, or in retaliation for the officer,
employee or | 23 | | fireman performing his or her official duties;
| 24 | | (5) Discharges a firearm in the direction of a person | 25 | | he or she knows
to be
emergency medical services personnel | 26 | | who is engaged in the execution of any of his or her |
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| 1 | | official duties,
or to
prevent the
emergency medical | 2 | | services personnel from performing his or her official | 3 | | duties, or in
retaliation
for the
emergency medical | 4 | | services personnel performing his or her official duties;
| 5 | | (6) Discharges a firearm in the direction of a vehicle | 6 | | he or she knows
to
be occupied by emergency medical | 7 | | services personnel while the
emergency medical services | 8 | | personnel is engaged in the execution of any of his or her
| 9 | | official
duties, or to prevent the
emergency medical | 10 | | services personnel from performing his or her official
| 11 | | duties, or
in retaliation for the
emergency medical | 12 | | services personnel performing his or her official duties;
| 13 | | (7) Discharges a firearm in the direction of a person | 14 | | he or she knows to
be a teacher or other person employed in | 15 | | any school and the teacher or other
employee is upon the | 16 | | grounds of a school or grounds adjacent to a school, or is
| 17 | | in any part of a building used for school purposes;
| 18 | | (8) Discharges a firearm in the direction of a person | 19 | | he or she knows to
be an emergency management worker while | 20 | | the emergency management worker is
engaged in the execution | 21 | | of any of his or her official duties, or to prevent
the | 22 | | emergency management worker from performing his or her | 23 | | official duties, or
in retaliation for the emergency | 24 | | management worker performing his or her
official duties; or
| 25 | | (9) Discharges a firearm in the direction of a vehicle | 26 | | he or she knows to
be occupied by an emergency management |
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| 1 | | worker while the emergency management
worker is engaged in | 2 | | the execution of any of his or her official duties, or to
| 3 | | prevent the emergency management worker from performing | 4 | | his or her official
duties, or in retaliation for the | 5 | | emergency management worker performing his or
her official | 6 | | duties ; .
| 7 | | (10) discharges a firearm in the direction of a person | 8 | | he or she knows to be a person under 18 years old; | 9 | | (11) discharges a firearm in the direction of a person | 10 | | he or she knows to be a veteran; | 11 | | (12) discharges a firearm in the direction of a person | 12 | | he or she knows to be 60 years of age or older; | 13 | | (13) discharges a firearm in the direction of a person | 14 | | he or she knows to be pregnant or has a physical | 15 | | disability; | 16 | | (14) discharges a firearm in the direction of a person | 17 | | he or she knows to be gathering for worship; | 18 | | (15) discharges a firearm in the direction of a person | 19 | | he or she knows to be boarding or riding public transit; | 20 | | (16) discharges a firearm in the direction of a person | 21 | | he or she knows to be a student at an institution of higher | 22 | | education; | 23 | | (17) discharges a firearm in the direction of a person | 24 | | who is in a public roadway, park, public housing, school, | 25 | | building under the control of the State or a unit of local | 26 | | government, church, hospital, nursing home, or any bus, |
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| 1 | | train, or form of transportation paid
for in whole or in | 2 | | part with public funds, or any building, real property, or | 3 | | parking area under the control of a public transportation | 4 | | facility paid for in whole or in part with public funds; or | 5 | | (18) discharges a firearm during the commission or | 6 | | attempted commission of vehicular hijacking. | 7 | | (b) A violation of subsection (a)(1) or subsection (a)(2) | 8 | | of this
Section is a Class 1 felony.
A violation of
subsection | 9 | | (a)(1) or (a)(2)
of this Section committed in a school, on the | 10 | | real property comprising a
school,
within 1,000 feet of the | 11 | | real property comprising a school, at a school related
activity | 12 | | or on or within 1,000 feet of any conveyance owned, leased, or
| 13 | | contracted by a school to transport students to or from school | 14 | | or a school
related activity, regardless of the time of day or | 15 | | time of year that the
offense was committed is a Class X | 16 | | felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), | 17 | | (a)(6), (a)(7), (a)(8), or (a)(9) , (a)(10), (a)(11), (a)(12), | 18 | | (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or (a)(18) of this | 19 | | Section is a Class
X felony for which the
sentence shall be a | 20 | | term of imprisonment of no less than 10 years and not more
than | 21 | | 45 years.
| 22 | | (c) For purposes of this Section:
| 23 | | "Emergency medical services personnel" has the meaning | 24 | | specified in Section 3.5 of the Emergency Medical Services | 25 | | (EMS) Systems Act and shall include all ambulance crew members, | 26 | | including drivers or pilots. |
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| 1 | | "School" means a public or private elementary or secondary | 2 | | school,
community college, college, or university.
| 3 | | "School related activity" means any sporting, social, | 4 | | academic, or other
activity for which students' attendance or | 5 | | participation is sponsored,
organized, or funded in whole or in | 6 | | part by a school or school district.
| 7 | | (Source: P.A. 99-816, eff. 8-15-16.)
| 8 | | (720 ILCS 5/24-1.7) | 9 | | Sec. 24-1.7. Armed habitual criminal. | 10 | | (a) A person commits the offense of being an armed habitual
| 11 | | criminal if he or she receives, sells, possesses, or transfers
| 12 | | any firearm after having been convicted a total of 2 or more
| 13 | | times of any combination of the following offenses: | 14 | | (1) a forcible felony as defined in Section 2-8 of this | 15 | | Code; | 16 | | (2) unlawful use of a weapon by a felon; aggravated | 17 | | unlawful use of a weapon; aggravated discharge of a | 18 | | firearm; vehicular hijacking; aggravated vehicular | 19 | | hijacking; aggravated battery of a child as described in | 20 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| 21 | | intimidation; aggravated intimidation; gunrunning; home | 22 | | invasion; or aggravated battery with a firearm as described | 23 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 24 | | (e)(4) of Section 12-3.05; or | 25 | | (3) any violation of the Illinois Controlled |
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| 1 | | Substances
Act or the Cannabis Control Act that is | 2 | | punishable as a Class 3
felony or higher. | 3 | | (b) Sentence. Being an armed habitual criminal is a Class X
| 4 | | felony for a first offense for which a term of imprisonment of | 5 | | not less than 10 years and not more than 30 years shall be | 6 | | imposed. A second or subsequent offense is a Class X felony for | 7 | | which a term of natural life imprisonment shall be imposed .
| 8 | | (Source: P.A. 96-1551, eff. 7-1-11 .) | 9 | | (720 ILCS 5/24-3.7) | 10 | | Sec. 24-3.7. Use of a stolen or illegally acquired firearm | 11 | | in the commission of an offense. | 12 | | (a) A person commits the offense of use of a stolen or | 13 | | illegally acquired firearm in the commission of an offense when | 14 | | he or she knowingly uses a stolen or illegally acquired firearm | 15 | | in the commission of any offense and the person knows that the | 16 | | firearm was stolen or illegally acquired . | 17 | | (b) Sentence. Use of a stolen or illegally acquired firearm | 18 | | in the commission of an offense is a Class X felony for a first | 19 | | offense for which a term of imprisonment of not less than 10 | 20 | | years shall be imposed. A second or subsequent offense is a | 21 | | Class X felony for which a term of natural life imprisonment | 22 | | shall be imposed 2 felony .
| 23 | | (c) "Illegally acquired firearm" means a firearm acquired | 24 | | in violation of Section 24-3. | 25 | | (Source: P.A. 96-190, eff. 1-1-10.) |
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| 1 | | Section 10. The Unified Code of Corrections is amended by | 2 | | changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows: | 3 | | (730 ILCS 5/5-4.5-110) | 4 | | (Section scheduled to be repealed on January 1, 2023) | 5 | | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | 6 | | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | 7 | | (a) DEFINITIONS. For the purposes of this Section: | 8 | | "Firearm" has the meaning ascribed to it in Section 1.1 | 9 | | of the Firearm Owners Identification Card Act. | 10 | | "Qualifying predicate offense" means the following | 11 | | offenses under the Criminal Code of 2012: | 12 | | (A) aggravated unlawful use of a weapon under | 13 | | Section 24-1.6 or similar offense under the Criminal | 14 | | Code of 1961, when the weapon is a firearm; | 15 | | (B) unlawful use or possession of a weapon by a | 16 | | felon under Section 24-1.1 or similar offense under the | 17 | | Criminal Code of 1961, when the
weapon is a firearm; | 18 | | (C) first degree murder under Section 9-1 or | 19 | | similar offense under the Criminal Code of 1961; | 20 | | (D) attempted first degree murder with a firearm or | 21 | | similar offense under the Criminal Code of 1961; | 22 | | (E) aggravated kidnapping with a firearm under | 23 | | paragraph (6) or (7) of subsection (a) of Section 10-2 | 24 | | or similar offense under the Criminal Code of 1961; |
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| 1 | | (F) aggravated battery with a firearm under | 2 | | subsection (e) of Section 12-3.05 or similar offense | 3 | | under the Criminal Code of 1961; | 4 | | (G) aggravated criminal sexual assault under | 5 | | Section 11-1.30 or similar offense under the Criminal | 6 | | Code of 1961; | 7 | | (H) predatory criminal sexual assault of a child | 8 | | under Section 11-1.40 or similar offense under the | 9 | | Criminal Code of 1961; | 10 | | (I) armed robbery under Section 18-2 or similar | 11 | | offense under the Criminal Code of 1961; | 12 | | (J) vehicular hijacking under Section 18-3 or | 13 | | similar offense under the Criminal Code of 1961; | 14 | | (K) aggravated vehicular hijacking under Section | 15 | | 18-4 or similar offense under the Criminal Code of | 16 | | 1961; | 17 | | (L) home invasion with a firearm under paragraph | 18 | | (3), (4), or (5) of subsection (a) of Section 19-6 or | 19 | | similar offense under the Criminal Code of 1961; | 20 | | (M) aggravated discharge of a firearm under | 21 | | Section 24-1.2 or similar offense under the Criminal | 22 | | Code of 1961; | 23 | | (N) aggravated discharge of a machine gun or a | 24 | | firearm equipped with a device
designed or used for | 25 | | silencing the report of a firearm under Section | 26 | | 24-1.2-5 or similar offense under the Criminal Code of |
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| 1 | | 1961; | 2 | | (0) unlawful use of firearm projectiles under | 3 | | Section 24-2.1 or similar offense under the Criminal | 4 | | Code of 1961; | 5 | | (P) manufacture, sale, or transfer of bullets or | 6 | | shells represented to be armor piercing
bullets, | 7 | | dragon's breath shotgun shells, bolo shells, or | 8 | | flechette shells under Section 24-2.2 or similar | 9 | | offense under the Criminal Code of 1961; | 10 | | (Q) unlawful sale or delivery of firearms under | 11 | | Section 24-3 or similar offense under the Criminal Code | 12 | | of 1961; | 13 | | (R) unlawful discharge of firearm projectiles | 14 | | under Section 24-3.2 or similar offense under the | 15 | | Criminal Code of 1961; | 16 | | (S) unlawful sale or delivery of firearms on school | 17 | | premises of any school under Section 24-3.3 or similar | 18 | | offense under the Criminal Code of 1961; | 19 | | (T) unlawful purchase of a firearm under Section | 20 | | 24-3.5 or similar offense under the Criminal Code of | 21 | | 1961; | 22 | | (U) use of a stolen or illegally acquired firearm | 23 | | in the commission of an offense under Section 24-3.7 or | 24 | | similar offense under the Criminal Code of 1961; | 25 | | (V) possession of a stolen firearm under Section | 26 | | 24-3.8 or similar offense under the Criminal Code of |
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| 1 | | 1961; | 2 | | (W) aggravated possession of a stolen firearm | 3 | | under Section 24-3.9 or similar offense under the | 4 | | Criminal Code of 1961; | 5 | | (X) gunrunning under Section 24-3A or similar | 6 | | offense under the Criminal Code of 1961; | 7 | | (Y) defacing identification marks of firearms | 8 | | under Section 24-5 or similar offense under the | 9 | | Criminal Code of 1961; and | 10 | | (Z) armed violence under Section 33A-2 or similar | 11 | | offense under the Criminal Code of 1961. | 12 | | (b) APPLICABILITY. For an offense committed on or after the | 13 | | effective date of this amendatory Act of the 100th General | 14 | | Assembly and before January 1, 2023, when a person is convicted | 15 | | of unlawful use or possession of a weapon by a felon, when the | 16 | | weapon is a firearm, or aggravated unlawful use of a weapon, | 17 | | when the weapon is a firearm, after being previously convicted | 18 | | of a qualifying predicate offense the person shall be subject | 19 | | to the sentencing guidelines under this Section. | 20 | | (c) SENTENCING GUIDELINES. | 21 | | (1) When a person is convicted of unlawful use or | 22 | | possession of a weapon by a felon, when the weapon is a | 23 | | firearm, and that person has been previously convicted of a | 24 | | qualifying predicate offense, the person shall be | 25 | | sentenced to a term of imprisonment within the sentencing | 26 | | range of not less than 7 years and not more than 14 years, |
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| 1 | | unless the court finds that a departure from the sentencing | 2 | | guidelines under this paragraph is warranted under | 3 | | subsection (d) of this Section. | 4 | | (2) When a person is convicted of aggravated unlawful | 5 | | use of a weapon, when the weapon is a firearm, and that | 6 | | person has been previously convicted of a qualifying | 7 | | predicate offense, the person shall be sentenced to a term | 8 | | of imprisonment within the sentencing range of not less | 9 | | than 6 years and not more than 7 years, unless the court | 10 | | finds that a departure from the sentencing guidelines under | 11 | | this paragraph is warranted under subsection (d) of this | 12 | | Section. | 13 | | (3) The sentencing guidelines in paragraphs (1) and (2) | 14 | | of this subsection (c) apply only to offenses committed on | 15 | | and after the effective date of this amendatory Act of the | 16 | | 100th General Assembly and before January 1, 2023. | 17 | | (d) DEPARTURE FROM SENTENCING GUIDELINES. | 18 | | (1) At the sentencing hearing conducted under Section | 19 | | 5-4-1 of this Code, the court may depart from the
| 20 | | sentencing guidelines provided in subsection (c) of this | 21 | | Section and impose a sentence
otherwise authorized by law | 22 | | for the offense if the court, after considering any factor | 23 | | under paragraph (2) of this subsection (d) relevant to the | 24 | | nature and
circumstances of the crime and to the history | 25 | | and character of the defendant, finds on the record
| 26 | | substantial and compelling justification that the sentence |
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| 1 | | within the sentencing guidelines would be unduly harsh and
| 2 | | that a sentence otherwise authorized by law would be | 3 | | consistent with public
safety and does not deprecate the | 4 | | seriousness of the offense. | 5 | | (2) In deciding whether to depart from the sentencing | 6 | | guidelines under this paragraph, the court shall
consider: | 7 | | (A) the age, immaturity, or limited mental | 8 | | capacity of the defendant at the time of
commission of | 9 | | the qualifying predicate or current offense, including | 10 | | whether the defendant
was suffering from a mental or | 11 | | physical condition insufficient to constitute a
| 12 | | defense but significantly reduced the defendant's | 13 | | culpability; | 14 | | (B) the nature and circumstances of the qualifying | 15 | | predicate offense; | 16 | | (C) the time elapsed since the qualifying | 17 | | predicate offense; | 18 | | (D) the nature and circumstances of the current | 19 | | offense; | 20 | | (E) the defendant's prior criminal history; | 21 | | (F) whether the defendant committed the qualifying | 22 | | predicate or current offense under
specific and | 23 | | credible duress, coercion, threat, or compulsion; | 24 | | (G) whether the defendant aided in the | 25 | | apprehension of another felon or testified
truthfully | 26 | | on behalf of another prosecution of a felony; and |
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| 1 | | (H) whether departure is in the interest of the | 2 | | person's rehabilitation, including employment or | 3 | | educational or vocational training, after taking into | 4 | | account any past rehabilitation efforts or | 5 | | dispositions of probation or supervision, and the | 6 | | defendant's cooperation or response to rehabilitation. | 7 | | (3) When departing from the sentencing guidelines | 8 | | under this Section, the court shall specify on the record, | 9 | | the particular evidence, information, factor or factors, | 10 | | or other reasons which led to the departure from the | 11 | | sentencing guidelines. When departing from the sentencing | 12 | | range in accordance with this subsection (d), the court | 13 | | shall indicate on the sentencing order which departure | 14 | | factor or factors outlined in paragraph (2) of this | 15 | | subsection (d) led to the sentence imposed. The sentencing | 16 | | order shall be filed with the clerk of the court and shall | 17 | | be a public record. | 18 | | (e) This Section is repealed on January 1, 2023.
| 19 | | (Source: P.A. 100-3, eff. 1-1-18 .)
| 20 | | (730 ILCS 5/5-5-3)
| 21 | | (Text of Section before amendment by P.A. 100-987 ) | 22 | | Sec. 5-5-3. Disposition.
| 23 | | (a) (Blank).
| 24 | | (b) (Blank).
| 25 | | (c) (1) (Blank).
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| 1 | | (2) A period of probation, a term of periodic imprisonment | 2 | | or
conditional discharge shall not be imposed for the following | 3 | | offenses.
The court shall sentence the offender to not less | 4 | | than the minimum term
of imprisonment set forth in this Code | 5 | | for the following offenses, and
may order a fine or restitution | 6 | | or both in conjunction with such term of
imprisonment:
| 7 | | (A) First degree murder where the death penalty is not | 8 | | imposed.
| 9 | | (B) Attempted first degree murder.
| 10 | | (C) A Class X felony.
| 11 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 12 | | Controlled Substances Act, or a violation of subdivision | 13 | | (c)(1.5) of
Section 401 of that Act which relates to more | 14 | | than 5 grams of a substance
containing fentanyl or an | 15 | | analog thereof.
| 16 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 17 | | of the Illinois Controlled Substances Act which relates to | 18 | | 3 or more grams of a substance
containing heroin or an | 19 | | analog thereof. | 20 | | (E) (Blank).
| 21 | | (F) A Class 1 or greater felony if the offender had | 22 | | been convicted
of a Class 1 or greater felony, including | 23 | | any state or federal conviction for an offense that | 24 | | contained, at the time it was committed, the same elements | 25 | | as an offense now (the date of the offense committed after | 26 | | the prior Class 1 or greater felony) classified as a Class |
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| 1 | | 1 or greater felony, within 10 years of the date on which | 2 | | the
offender
committed the offense for which he or she is | 3 | | being sentenced, except as
otherwise provided in Section | 4 | | 40-10 of the Substance Use Disorder Act.
| 5 | | (F-3) A Class 2 or greater felony sex offense or felony | 6 | | firearm offense if the offender had been convicted of a | 7 | | Class 2 or greater felony, including any state or federal | 8 | | conviction for an offense that contained, at the time it | 9 | | was committed, the same elements as an offense now (the | 10 | | date of the offense committed after the prior Class 2 or | 11 | | greater felony) classified as a Class 2 or greater felony, | 12 | | within 10 years of the date on which the offender committed | 13 | | the offense for which he or she is being sentenced, except | 14 | | as otherwise provided in Section 40-10 of the Substance Use | 15 | | Disorder Act. | 16 | | (F-5) A violation of Section 18-4, 24-1, 24-1.1, | 17 | | 24-1.2, or 24-1.6 , 24-1.7, 24-1.8, or 24-3.7 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012 for | 19 | | which imprisonment is prescribed in those Sections. | 20 | | (G) Residential burglary, except as otherwise provided | 21 | | in Section 40-10
of the Substance Use Disorder Act.
| 22 | | (H) Criminal sexual assault.
| 23 | | (I) Aggravated battery of a senior citizen as described | 24 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 25 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 26 | | (J) A forcible felony if the offense was related to the |
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| 1 | | activities of an
organized gang.
| 2 | | Before July 1, 1994, for the purposes of this | 3 | | paragraph, "organized
gang" means an association of 5 or | 4 | | more persons, with an established hierarchy,
that | 5 | | encourages members of the association to perpetrate crimes | 6 | | or provides
support to the members of the association who | 7 | | do commit crimes.
| 8 | | Beginning July 1, 1994, for the purposes of this | 9 | | paragraph,
"organized gang" has the meaning ascribed to it | 10 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 11 | | Prevention Act.
| 12 | | (K) Vehicular hijacking.
| 13 | | (L) A second or subsequent conviction for the offense | 14 | | of hate crime
when the underlying offense upon which the | 15 | | hate crime is based is felony
aggravated
assault or felony | 16 | | mob action.
| 17 | | (M) A second or subsequent conviction for the offense | 18 | | of institutional
vandalism if the damage to the property | 19 | | exceeds $300.
| 20 | | (N) A Class 3 felony violation of paragraph (1) of | 21 | | subsection (a) of
Section 2 of the Firearm Owners | 22 | | Identification Card Act.
| 23 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 25 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 26 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
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| 1 | | Code of 1961 or the Criminal Code of 2012.
| 2 | | (Q) A violation of subsection (b) or (b-5) of Section | 3 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 4 | | Code of
1961 or the Criminal Code of 2012.
| 5 | | (R) A violation of Section 24-3A of the Criminal Code | 6 | | of
1961 or the Criminal Code of 2012.
| 7 | | (S) (Blank).
| 8 | | (T) (Blank).
| 9 | | (U) A second or subsequent violation of Section 6-303 | 10 | | of the Illinois Vehicle Code committed while his or her | 11 | | driver's license, permit, or privilege was revoked because | 12 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 13 | | or the Criminal Code of 2012, relating to the offense of | 14 | | reckless homicide, or a similar provision of a law of | 15 | | another state.
| 16 | | (V)
A violation of paragraph (4) of subsection (c) of | 17 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 18 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 19 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 20 | | Code of 2012 when the victim is under 13 years of age and | 21 | | the defendant has previously been convicted under the laws | 22 | | of this State or any other state of the offense of child | 23 | | pornography, aggravated child pornography, aggravated | 24 | | criminal sexual abuse, aggravated criminal sexual assault, | 25 | | predatory criminal sexual assault of a child, or any of the | 26 | | offenses formerly known as rape, deviate sexual assault, |
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| 1 | | indecent liberties with a child, or aggravated indecent | 2 | | liberties with a child where the victim was under the age | 3 | | of 18 years or an offense that is substantially equivalent | 4 | | to those offenses. | 5 | | (W) A violation of Section 24-3.5 of the Criminal Code | 6 | | of 1961 or the Criminal Code of 2012.
| 7 | | (X) A violation of subsection (a) of Section 31-1a of | 8 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 9 | | (Y) A conviction for unlawful possession of a firearm | 10 | | by a street gang member when the firearm was loaded or | 11 | | contained firearm ammunition. | 12 | | (Z) A Class 1 felony committed while he or she was | 13 | | serving a term of probation or conditional discharge for a | 14 | | felony. | 15 | | (AA) Theft of property exceeding $500,000 and not | 16 | | exceeding $1,000,000 in value. | 17 | | (BB) Laundering of criminally derived property of a | 18 | | value exceeding
$500,000. | 19 | | (CC) Knowingly selling, offering for sale, holding for | 20 | | sale, or using 2,000 or more counterfeit items or | 21 | | counterfeit items having a retail value in the aggregate of | 22 | | $500,000 or more. | 23 | | (DD) A conviction for aggravated assault under | 24 | | paragraph (6) of subsection (c) of Section 12-2 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 26 | | firearm is aimed toward the person against whom the firearm |
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| 1 | | is being used. | 2 | | (EE) A conviction for a violation of paragraph (2) of | 3 | | subsection (a) of Section 24-3B of the Criminal Code of | 4 | | 2012. | 5 | | (3) (Blank).
| 6 | | (4) A minimum term of imprisonment of not less than 10
| 7 | | consecutive days or 30 days of community service shall be | 8 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 9 | | the Illinois Vehicle Code.
| 10 | | (4.1) (Blank).
| 11 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 12 | | this subsection (c), a
minimum of
100 hours of community | 13 | | service shall be imposed for a second violation of
Section | 14 | | 6-303
of the Illinois Vehicle Code.
| 15 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 16 | | hours of community
service, as determined by the court, shall
| 17 | | be imposed for a second violation of subsection (c) of Section | 18 | | 6-303 of the
Illinois Vehicle Code.
| 19 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 20 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 21 | | 30 days or 300 hours of community service, as
determined by the | 22 | | court, shall
be imposed
for a third or subsequent violation of | 23 | | Section 6-303 of the Illinois Vehicle
Code. The court may give | 24 | | credit toward the fulfillment of community service hours for | 25 | | participation in activities and treatment as determined by | 26 | | court services.
|
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| 1 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 2 | | imposed for a third violation of subsection (c) of
Section | 3 | | 6-303 of the Illinois Vehicle Code.
| 4 | | (4.6) Except as provided in paragraph (4.10) of this | 5 | | subsection (c), a minimum term of imprisonment of 180 days | 6 | | shall be imposed for a
fourth or subsequent violation of | 7 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 8 | | (4.7) A minimum term of imprisonment of not less than 30 | 9 | | consecutive days, or 300 hours of community service, shall be | 10 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 11 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 12 | | that Section.
| 13 | | (4.8) A mandatory prison sentence shall be imposed for a | 14 | | second violation of subsection (a-5) of Section 6-303 of the | 15 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 16 | | Section. The person's driving privileges shall be revoked for a | 17 | | period of not less than 5 years from the date of his or her | 18 | | release from prison.
| 19 | | (4.9) A mandatory prison sentence of not less than 4 and | 20 | | not more than 15 years shall be imposed for a third violation | 21 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 22 | | Code, as provided in subsection (d-2.5) of that Section. The | 23 | | person's driving privileges shall be revoked for the remainder | 24 | | of his or her life.
| 25 | | (4.10) A mandatory prison sentence for a Class 1 felony | 26 | | shall be imposed, and the person shall be eligible for an |
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| 1 | | extended term sentence, for a fourth or subsequent violation of | 2 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 3 | | as provided in subsection (d-3.5) of that Section. The person's | 4 | | driving privileges shall be revoked for the remainder of his or | 5 | | her life.
| 6 | | (5) The court may sentence a corporation or unincorporated
| 7 | | association convicted of any offense to:
| 8 | | (A) a period of conditional discharge;
| 9 | | (B) a fine;
| 10 | | (C) make restitution to the victim under Section 5-5-6 | 11 | | of this Code.
| 12 | | (5.1) In addition to any other penalties imposed, and | 13 | | except as provided in paragraph (5.2) or (5.3), a person
| 14 | | convicted of violating subsection (c) of Section 11-907 of the | 15 | | Illinois
Vehicle Code shall have his or her driver's license, | 16 | | permit, or privileges
suspended for at least 90 days but not | 17 | | more than one year, if the violation
resulted in damage to the | 18 | | property of another person.
| 19 | | (5.2) In addition to any other penalties imposed, and | 20 | | except as provided in paragraph (5.3), a person convicted
of | 21 | | violating subsection (c) of Section 11-907 of the Illinois | 22 | | Vehicle Code
shall have his or her driver's license, permit, or | 23 | | privileges suspended for at
least 180 days but not more than 2 | 24 | | years, if the violation resulted in injury
to
another person.
| 25 | | (5.3) In addition to any other penalties imposed, a person | 26 | | convicted of violating subsection (c) of Section
11-907 of the |
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| 1 | | Illinois Vehicle Code shall have his or her driver's license,
| 2 | | permit, or privileges suspended for 2 years, if the violation | 3 | | resulted in the
death of another person.
| 4 | | (5.4) In addition to any other penalties imposed, a person | 5 | | convicted of violating Section 3-707 of the Illinois Vehicle | 6 | | Code shall have his or her driver's license, permit, or | 7 | | privileges suspended for 3 months and until he or she has paid | 8 | | a reinstatement fee of $100. | 9 | | (5.5) In addition to any other penalties imposed, a person | 10 | | convicted of violating Section 3-707 of the Illinois Vehicle | 11 | | Code during a period in which his or her driver's license, | 12 | | permit, or privileges were suspended for a previous violation | 13 | | of that Section shall have his or her driver's license, permit, | 14 | | or privileges suspended for an additional 6 months after the | 15 | | expiration of the original 3-month suspension and until he or | 16 | | she has paid a reinstatement fee of $100.
| 17 | | (6) (Blank).
| 18 | | (7) (Blank).
| 19 | | (8) (Blank).
| 20 | | (9) A defendant convicted of a second or subsequent offense | 21 | | of ritualized
abuse of a child may be sentenced to a term of | 22 | | natural life imprisonment.
| 23 | | (10) (Blank).
| 24 | | (11) The court shall impose a minimum fine of $1,000 for a | 25 | | first offense
and $2,000 for a second or subsequent offense | 26 | | upon a person convicted of or
placed on supervision for battery |
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| 1 | | when the individual harmed was a sports
official or coach at | 2 | | any level of competition and the act causing harm to the
sports
| 3 | | official or coach occurred within an athletic facility or | 4 | | within the immediate vicinity
of the athletic facility at which | 5 | | the sports official or coach was an active
participant
of the | 6 | | athletic contest held at the athletic facility. For the | 7 | | purposes of
this paragraph (11), "sports official" means a | 8 | | person at an athletic contest
who enforces the rules of the | 9 | | contest, such as an umpire or referee; "athletic facility" | 10 | | means an indoor or outdoor playing field or recreational area | 11 | | where sports activities are conducted;
and "coach" means a | 12 | | person recognized as a coach by the sanctioning
authority that | 13 | | conducted the sporting event. | 14 | | (12) A person may not receive a disposition of court | 15 | | supervision for a
violation of Section 5-16 of the Boat | 16 | | Registration and Safety Act if that
person has previously | 17 | | received a disposition of court supervision for a
violation of | 18 | | that Section.
| 19 | | (13) A person convicted of or placed on court supervision | 20 | | for an assault or aggravated assault when the victim and the | 21 | | offender are family or household members as defined in Section | 22 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 23 | | of domestic battery or aggravated domestic battery may be | 24 | | required to attend a Partner Abuse Intervention Program under | 25 | | protocols set forth by the Illinois Department of Human | 26 | | Services under such terms and conditions imposed by the court. |
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| 1 | | The costs of such classes shall be paid by the offender.
| 2 | | (d) In any case in which a sentence originally imposed is | 3 | | vacated,
the case shall be remanded to the trial court. The | 4 | | trial court shall
hold a hearing under Section 5-4-1 of this | 5 | | the Unified Code of Corrections
which may include evidence of | 6 | | the defendant's life, moral character and
occupation during the | 7 | | time since the original sentence was passed. The
trial court | 8 | | shall then impose sentence upon the defendant. The trial
court | 9 | | may impose any sentence which could have been imposed at the
| 10 | | original trial subject to Section 5-5-4 of this the Unified | 11 | | Code of Corrections .
If a sentence is vacated on appeal or on | 12 | | collateral attack due to the
failure of the trier of fact at | 13 | | trial to determine beyond a reasonable doubt
the
existence of a | 14 | | fact (other than a prior conviction) necessary to increase the
| 15 | | punishment for the offense beyond the statutory maximum | 16 | | otherwise applicable,
either the defendant may be re-sentenced | 17 | | to a term within the range otherwise
provided or, if the State | 18 | | files notice of its intention to again seek the
extended | 19 | | sentence, the defendant shall be afforded a new trial.
| 20 | | (e) In cases where prosecution for
aggravated criminal | 21 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 22 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 23 | | of a defendant
who was a family member of the victim at the | 24 | | time of the commission of the
offense, the court shall consider | 25 | | the safety and welfare of the victim and
may impose a sentence | 26 | | of probation only where:
|
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| 1 | | (1) the court finds (A) or (B) or both are appropriate:
| 2 | | (A) the defendant is willing to undergo a court | 3 | | approved counseling
program for a minimum duration of 2 | 4 | | years; or
| 5 | | (B) the defendant is willing to participate in a | 6 | | court approved plan
including but not limited to the | 7 | | defendant's:
| 8 | | (i) removal from the household;
| 9 | | (ii) restricted contact with the victim;
| 10 | | (iii) continued financial support of the | 11 | | family;
| 12 | | (iv) restitution for harm done to the victim; | 13 | | and
| 14 | | (v) compliance with any other measures that | 15 | | the court may
deem appropriate; and
| 16 | | (2) the court orders the defendant to pay for the | 17 | | victim's counseling
services, to the extent that the court | 18 | | finds, after considering the
defendant's income and | 19 | | assets, that the defendant is financially capable of
paying | 20 | | for such services, if the victim was under 18 years of age | 21 | | at the
time the offense was committed and requires | 22 | | counseling as a result of the
offense.
| 23 | | Probation may be revoked or modified pursuant to Section | 24 | | 5-6-4; except
where the court determines at the hearing that | 25 | | the defendant violated a
condition of his or her probation | 26 | | restricting contact with the victim or
other family members or |
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| 1 | | commits another offense with the victim or other
family | 2 | | members, the court shall revoke the defendant's probation and
| 3 | | impose a term of imprisonment.
| 4 | | For the purposes of this Section, "family member" and | 5 | | "victim" shall have
the meanings ascribed to them in Section | 6 | | 11-0.1 of the Criminal Code of
2012.
| 7 | | (f) (Blank).
| 8 | | (g) Whenever a defendant is convicted of an offense under | 9 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 10 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 11 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 12 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 13 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012,
the defendant shall undergo medical | 15 | | testing to
determine whether the defendant has any sexually | 16 | | transmissible disease,
including a test for infection with | 17 | | human immunodeficiency virus (HIV) or
any other identified | 18 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 19 | | Any such medical test shall be performed only by appropriately
| 20 | | licensed medical practitioners and may include an analysis of | 21 | | any bodily
fluids as well as an examination of the defendant's | 22 | | person.
Except as otherwise provided by law, the results of | 23 | | such test shall be kept
strictly confidential by all medical | 24 | | personnel involved in the testing and must
be personally | 25 | | delivered in a sealed envelope to the judge of the court in | 26 | | which
the conviction was entered for the judge's inspection in |
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| 1 | | camera. Acting in
accordance with the best interests of the | 2 | | victim and the public, the judge
shall have the discretion to | 3 | | determine to whom, if anyone, the results of the
testing may be | 4 | | revealed. The court shall notify the defendant
of the test | 5 | | results. The court shall
also notify the victim if requested by | 6 | | the victim, and if the victim is under
the age of 15 and if | 7 | | requested by the victim's parents or legal guardian, the
court | 8 | | shall notify the victim's parents or legal guardian of the test
| 9 | | results.
The court shall provide information on the | 10 | | availability of HIV testing
and counseling at Department of | 11 | | Public Health facilities to all parties to
whom the results of | 12 | | the testing are revealed and shall direct the State's
Attorney | 13 | | to provide the information to the victim when possible.
A | 14 | | State's Attorney may petition the court to obtain the results | 15 | | of any HIV test
administered under this Section, and the court | 16 | | shall grant the disclosure if
the State's Attorney shows it is | 17 | | relevant in order to prosecute a charge of
criminal | 18 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 20 | | defendant. The court shall order that the cost of any such test
| 21 | | shall be paid by the county and may be taxed as costs against | 22 | | the convicted
defendant.
| 23 | | (g-5) When an inmate is tested for an airborne communicable | 24 | | disease, as
determined by the Illinois Department of Public | 25 | | Health including but not
limited to tuberculosis, the results | 26 | | of the test shall be
personally delivered by the warden or his |
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| 1 | | or her designee in a sealed envelope
to the judge of the court | 2 | | in which the inmate must appear for the judge's
inspection in | 3 | | camera if requested by the judge. Acting in accordance with the
| 4 | | best interests of those in the courtroom, the judge shall have | 5 | | the discretion
to determine what if any precautions need to be | 6 | | taken to prevent transmission
of the disease in the courtroom.
| 7 | | (h) Whenever a defendant is convicted of an offense under | 8 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 9 | | defendant shall undergo
medical testing to determine whether | 10 | | the defendant has been exposed to human
immunodeficiency virus | 11 | | (HIV) or any other identified causative agent of
acquired | 12 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 13 | | by
law, the results of such test shall be kept strictly | 14 | | confidential by all
medical personnel involved in the testing | 15 | | and must be personally delivered in a
sealed envelope to the | 16 | | judge of the court in which the conviction was entered
for the | 17 | | judge's inspection in camera. Acting in accordance with the | 18 | | best
interests of the public, the judge shall have the | 19 | | discretion to determine to
whom, if anyone, the results of the | 20 | | testing may be revealed. The court shall
notify the defendant | 21 | | of a positive test showing an infection with the human
| 22 | | immunodeficiency virus (HIV). The court shall provide | 23 | | information on the
availability of HIV testing and counseling | 24 | | at Department of Public Health
facilities to all parties to | 25 | | whom the results of the testing are revealed and
shall direct | 26 | | the State's Attorney to provide the information to the victim |
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| 1 | | when
possible. A State's Attorney may petition the court to | 2 | | obtain the results of
any HIV test administered under this | 3 | | Section, and the court shall grant the
disclosure if the | 4 | | State's Attorney shows it is relevant in order to prosecute a
| 5 | | charge of criminal transmission of HIV under Section 12-5.01 or | 6 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 7 | | 2012 against the defendant. The court shall order that the cost | 8 | | of any
such test shall be paid by the county and may be taxed as | 9 | | costs against the
convicted defendant.
| 10 | | (i) All fines and penalties imposed under this Section for | 11 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 12 | | Vehicle Code, or a similar
provision of a local ordinance, and | 13 | | any violation
of the Child Passenger Protection Act, or a | 14 | | similar provision of a local
ordinance, shall be collected and | 15 | | disbursed by the circuit
clerk as provided under Section 27.5 | 16 | | of the Clerks of Courts Act.
| 17 | | (j) In cases when prosecution for any violation of Section | 18 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 19 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 20 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 21 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 22 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 23 | | Code of 2012, any violation of the Illinois Controlled | 24 | | Substances Act,
any violation of the Cannabis Control Act, or | 25 | | any violation of the Methamphetamine Control and Community | 26 | | Protection Act results in conviction, a
disposition of court |
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| 1 | | supervision, or an order of probation granted under
Section 10 | 2 | | of the Cannabis Control Act, Section 410 of the Illinois
| 3 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 4 | | Control and Community Protection Act of a defendant, the court | 5 | | shall determine whether the
defendant is employed by a facility | 6 | | or center as defined under the Child Care
Act of 1969, a public | 7 | | or private elementary or secondary school, or otherwise
works | 8 | | with children under 18 years of age on a daily basis. When a | 9 | | defendant
is so employed, the court shall order the Clerk of | 10 | | the Court to send a copy of
the judgment of conviction or order | 11 | | of supervision or probation to the
defendant's employer by | 12 | | certified mail.
If the employer of the defendant is a school, | 13 | | the Clerk of the Court shall
direct the mailing of a copy of | 14 | | the judgment of conviction or order of
supervision or probation | 15 | | to the appropriate regional superintendent of schools.
The | 16 | | regional superintendent of schools shall notify the State Board | 17 | | of
Education of any notification under this subsection.
| 18 | | (j-5) A defendant at least 17 years of age who is convicted | 19 | | of a felony and
who has not been previously convicted of a | 20 | | misdemeanor or felony and who is
sentenced to a term of | 21 | | imprisonment in the Illinois Department of Corrections
shall as | 22 | | a condition of his or her sentence be required by the court to | 23 | | attend
educational courses designed to prepare the defendant | 24 | | for a high school diploma
and to work toward a high school | 25 | | diploma or to work toward passing high school equivalency | 26 | | testing or to work toward
completing a vocational training |
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| 1 | | program offered by the Department of
Corrections. If a | 2 | | defendant fails to complete the educational training
required | 3 | | by his or her sentence during the term of incarceration, the | 4 | | Prisoner
Review Board shall, as a condition of mandatory | 5 | | supervised release, require the
defendant, at his or her own | 6 | | expense, to pursue a course of study toward a high
school | 7 | | diploma or passage of high school equivalency testing. The | 8 | | Prisoner Review Board shall
revoke the mandatory supervised | 9 | | release of a defendant who wilfully fails to
comply with this | 10 | | subsection (j-5) upon his or her release from confinement in a
| 11 | | penal institution while serving a mandatory supervised release | 12 | | term; however,
the inability of the defendant after making a | 13 | | good faith effort to obtain
financial aid or pay for the | 14 | | educational training shall not be deemed a wilful
failure to | 15 | | comply. The Prisoner Review Board shall recommit the defendant
| 16 | | whose mandatory supervised release term has been revoked under | 17 | | this subsection
(j-5) as provided in Section 3-3-9. This | 18 | | subsection (j-5) does not apply to a
defendant who has a high | 19 | | school diploma or has successfully passed high school | 20 | | equivalency testing. This subsection (j-5) does not apply to a | 21 | | defendant who is determined by
the court to be a person with a | 22 | | developmental disability or otherwise mentally incapable of
| 23 | | completing the educational or vocational program.
| 24 | | (k) (Blank).
| 25 | | (l) (A) Except as provided
in paragraph (C) of subsection | 26 | | (l), whenever a defendant,
who is an alien as defined by the |
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| 1 | | Immigration and Nationality Act, is convicted
of any felony or | 2 | | misdemeanor offense, the court after sentencing the defendant
| 3 | | may, upon motion of the State's Attorney, hold sentence in | 4 | | abeyance and remand
the defendant to the custody of the | 5 | | Attorney General of
the United States or his or her designated | 6 | | agent to be deported when:
| 7 | | (1) a final order of deportation has been issued | 8 | | against the defendant
pursuant to proceedings under the | 9 | | Immigration and Nationality Act, and
| 10 | | (2) the deportation of the defendant would not | 11 | | deprecate the seriousness
of the defendant's conduct and | 12 | | would not be inconsistent with the ends of
justice.
| 13 | | Otherwise, the defendant shall be sentenced as provided in | 14 | | this Chapter V.
| 15 | | (B) If the defendant has already been sentenced for a | 16 | | felony or
misdemeanor
offense, or has been placed on probation | 17 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 18 | | the Illinois Controlled Substances Act, or Section 70 of the | 19 | | Methamphetamine Control and Community Protection Act, the | 20 | | court
may, upon motion of the State's Attorney to suspend the
| 21 | | sentence imposed, commit the defendant to the custody of the | 22 | | Attorney General
of the United States or his or her designated | 23 | | agent when:
| 24 | | (1) a final order of deportation has been issued | 25 | | against the defendant
pursuant to proceedings under the | 26 | | Immigration and Nationality Act, and
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| 1 | | (2) the deportation of the defendant would not | 2 | | deprecate the seriousness
of the defendant's conduct and | 3 | | would not be inconsistent with the ends of
justice.
| 4 | | (C) This subsection (l) does not apply to offenders who are | 5 | | subject to the
provisions of paragraph (2) of subsection (a) of | 6 | | Section 3-6-3.
| 7 | | (D) Upon motion of the State's Attorney, if a defendant | 8 | | sentenced under
this Section returns to the jurisdiction of the | 9 | | United States, the defendant
shall be recommitted to the | 10 | | custody of the county from which he or she was
sentenced.
| 11 | | Thereafter, the defendant shall be brought before the | 12 | | sentencing court, which
may impose any sentence that was | 13 | | available under Section 5-5-3 at the time of
initial | 14 | | sentencing. In addition, the defendant shall not be eligible | 15 | | for
additional earned sentence credit as provided under
Section | 16 | | 3-6-3.
| 17 | | (m) A person convicted of criminal defacement of property | 18 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012, in which the property damage exceeds | 20 | | $300
and the property damaged is a school building, shall be | 21 | | ordered to perform
community service that may include cleanup, | 22 | | removal, or painting over the
defacement.
| 23 | | (n) The court may sentence a person convicted of a | 24 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 25 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 26 | | of 1961 or the Criminal Code of 2012 (i) to an impact
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| 1 | | incarceration program if the person is otherwise eligible for | 2 | | that program
under Section 5-8-1.1, (ii) to community service, | 3 | | or (iii) if the person has a substance use disorder, as defined
| 4 | | in the Substance Use Disorder Act, to a treatment program
| 5 | | licensed under that Act. | 6 | | (o) Whenever a person is convicted of a sex offense as | 7 | | defined in Section 2 of the Sex Offender Registration Act, the | 8 | | defendant's driver's license or permit shall be subject to | 9 | | renewal on an annual basis in accordance with the provisions of | 10 | | license renewal established by the Secretary of State.
| 11 | | (Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; | 12 | | 99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff. | 13 | | 1-1-19; revised 10-12-18.) | 14 | | (Text of Section after amendment by P.A. 100-987 )
| 15 | | Sec. 5-5-3. Disposition.
| 16 | | (a) (Blank).
| 17 | | (b) (Blank).
| 18 | | (c) (1) (Blank).
| 19 | | (2) A period of probation, a term of periodic imprisonment | 20 | | or
conditional discharge shall not be imposed for the following | 21 | | offenses.
The court shall sentence the offender to not less | 22 | | than the minimum term
of imprisonment set forth in this Code | 23 | | for the following offenses, and
may order a fine or restitution | 24 | | or both in conjunction with such term of
imprisonment:
| 25 | | (A) First degree murder where the death penalty is not |
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| 1 | | imposed.
| 2 | | (B) Attempted first degree murder.
| 3 | | (C) A Class X felony.
| 4 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 5 | | Controlled Substances Act, or a violation of subdivision | 6 | | (c)(1.5) of
Section 401 of that Act which relates to more | 7 | | than 5 grams of a substance
containing fentanyl or an | 8 | | analog thereof.
| 9 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 10 | | of the Illinois Controlled Substances Act which relates to | 11 | | 3 or more grams of a substance
containing heroin or an | 12 | | analog thereof. | 13 | | (E) (Blank).
| 14 | | (F) A Class 1 or greater felony if the offender had | 15 | | been convicted
of a Class 1 or greater felony, including | 16 | | any state or federal conviction for an offense that | 17 | | contained, at the time it was committed, the same elements | 18 | | as an offense now (the date of the offense committed after | 19 | | the prior Class 1 or greater felony) classified as a Class | 20 | | 1 or greater felony, within 10 years of the date on which | 21 | | the
offender
committed the offense for which he or she is | 22 | | being sentenced, except as
otherwise provided in Section | 23 | | 40-10 of the Substance Use Disorder Act.
| 24 | | (F-3) A Class 2 or greater felony sex offense or felony | 25 | | firearm offense if the offender had been convicted of a | 26 | | Class 2 or greater felony, including any state or federal |
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| 1 | | conviction for an offense that contained, at the time it | 2 | | was committed, the same elements as an offense now (the | 3 | | date of the offense committed after the prior Class 2 or | 4 | | greater felony) classified as a Class 2 or greater felony, | 5 | | within 10 years of the date on which the offender committed | 6 | | the offense for which he or she is being sentenced, except | 7 | | as otherwise provided in Section 40-10 of the Substance Use | 8 | | Disorder Act. | 9 | | (F-5) A violation of Section 18-4, 24-1, 24-1.1, | 10 | | 24-1.2, or 24-1.6 , 24-1.7, 24-1.8, or 24-3.7 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012 for | 12 | | which imprisonment is prescribed in those Sections. | 13 | | (G) Residential burglary, except as otherwise provided | 14 | | in Section 40-10
of the Substance Use Disorder Act.
| 15 | | (H) Criminal sexual assault.
| 16 | | (I) Aggravated battery of a senior citizen as described | 17 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 18 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 19 | | (J) A forcible felony if the offense was related to the | 20 | | activities of an
organized gang.
| 21 | | Before July 1, 1994, for the purposes of this | 22 | | paragraph, "organized
gang" means an association of 5 or | 23 | | more persons, with an established hierarchy,
that | 24 | | encourages members of the association to perpetrate crimes | 25 | | or provides
support to the members of the association who | 26 | | do commit crimes.
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| 1 | | Beginning July 1, 1994, for the purposes of this | 2 | | paragraph,
"organized gang" has the meaning ascribed to it | 3 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 4 | | Prevention Act.
| 5 | | (K) Vehicular hijacking.
| 6 | | (L) A second or subsequent conviction for the offense | 7 | | of hate crime
when the underlying offense upon which the | 8 | | hate crime is based is felony
aggravated
assault or felony | 9 | | mob action.
| 10 | | (M) A second or subsequent conviction for the offense | 11 | | of institutional
vandalism if the damage to the property | 12 | | exceeds $300.
| 13 | | (N) A Class 3 felony violation of paragraph (1) of | 14 | | subsection (a) of
Section 2 of the Firearm Owners | 15 | | Identification Card Act.
| 16 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 18 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 19 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012.
| 21 | | (Q) A violation of subsection (b) or (b-5) of Section | 22 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 23 | | Code of
1961 or the Criminal Code of 2012.
| 24 | | (R) A violation of Section 24-3A of the Criminal Code | 25 | | of
1961 or the Criminal Code of 2012.
| 26 | | (S) (Blank).
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| 1 | | (T) (Blank).
| 2 | | (U) A second or subsequent violation of Section 6-303 | 3 | | of the Illinois Vehicle Code committed while his or her | 4 | | driver's license, permit, or privilege was revoked because | 5 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 6 | | or the Criminal Code of 2012, relating to the offense of | 7 | | reckless homicide, or a similar provision of a law of | 8 | | another state.
| 9 | | (V)
A violation of paragraph (4) of subsection (c) of | 10 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 11 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 12 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 13 | | Code of 2012 when the victim is under 13 years of age and | 14 | | the defendant has previously been convicted under the laws | 15 | | of this State or any other state of the offense of child | 16 | | pornography, aggravated child pornography, aggravated | 17 | | criminal sexual abuse, aggravated criminal sexual assault, | 18 | | predatory criminal sexual assault of a child, or any of the | 19 | | offenses formerly known as rape, deviate sexual assault, | 20 | | indecent liberties with a child, or aggravated indecent | 21 | | liberties with a child where the victim was under the age | 22 | | of 18 years or an offense that is substantially equivalent | 23 | | to those offenses. | 24 | | (W) A violation of Section 24-3.5 of the Criminal Code | 25 | | of 1961 or the Criminal Code of 2012.
| 26 | | (X) A violation of subsection (a) of Section 31-1a of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 2 | | (Y) A conviction for unlawful possession of a firearm | 3 | | by a street gang member when the firearm was loaded or | 4 | | contained firearm ammunition. | 5 | | (Z) A Class 1 felony committed while he or she was | 6 | | serving a term of probation or conditional discharge for a | 7 | | felony. | 8 | | (AA) Theft of property exceeding $500,000 and not | 9 | | exceeding $1,000,000 in value. | 10 | | (BB) Laundering of criminally derived property of a | 11 | | value exceeding
$500,000. | 12 | | (CC) Knowingly selling, offering for sale, holding for | 13 | | sale, or using 2,000 or more counterfeit items or | 14 | | counterfeit items having a retail value in the aggregate of | 15 | | $500,000 or more. | 16 | | (DD) A conviction for aggravated assault under | 17 | | paragraph (6) of subsection (c) of Section 12-2 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 19 | | firearm is aimed toward the person against whom the firearm | 20 | | is being used. | 21 | | (EE) A conviction for a violation of paragraph (2) of | 22 | | subsection (a) of Section 24-3B of the Criminal Code of | 23 | | 2012. | 24 | | (3) (Blank).
| 25 | | (4) A minimum term of imprisonment of not less than 10
| 26 | | consecutive days or 30 days of community service shall be |
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| 1 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 2 | | the Illinois Vehicle Code.
| 3 | | (4.1) (Blank).
| 4 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 5 | | this subsection (c), a
minimum of
100 hours of community | 6 | | service shall be imposed for a second violation of
Section | 7 | | 6-303
of the Illinois Vehicle Code.
| 8 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 9 | | hours of community
service, as determined by the court, shall
| 10 | | be imposed for a second violation of subsection (c) of Section | 11 | | 6-303 of the
Illinois Vehicle Code.
| 12 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 13 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 14 | | 30 days or 300 hours of community service, as
determined by the | 15 | | court, shall
be imposed
for a third or subsequent violation of | 16 | | Section 6-303 of the Illinois Vehicle
Code. The court may give | 17 | | credit toward the fulfillment of community service hours for | 18 | | participation in activities and treatment as determined by | 19 | | court services.
| 20 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 21 | | imposed for a third violation of subsection (c) of
Section | 22 | | 6-303 of the Illinois Vehicle Code.
| 23 | | (4.6) Except as provided in paragraph (4.10) of this | 24 | | subsection (c), a minimum term of imprisonment of 180 days | 25 | | shall be imposed for a
fourth or subsequent violation of | 26 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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| 1 | | (4.7) A minimum term of imprisonment of not less than 30 | 2 | | consecutive days, or 300 hours of community service, shall be | 3 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 4 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 5 | | that Section.
| 6 | | (4.8) A mandatory prison sentence shall be imposed for a | 7 | | second violation of subsection (a-5) of Section 6-303 of the | 8 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 9 | | Section. The person's driving privileges shall be revoked for a | 10 | | period of not less than 5 years from the date of his or her | 11 | | release from prison.
| 12 | | (4.9) A mandatory prison sentence of not less than 4 and | 13 | | not more than 15 years shall be imposed for a third violation | 14 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 15 | | Code, as provided in subsection (d-2.5) of that Section. The | 16 | | person's driving privileges shall be revoked for the remainder | 17 | | of his or her life.
| 18 | | (4.10) A mandatory prison sentence for a Class 1 felony | 19 | | shall be imposed, and the person shall be eligible for an | 20 | | extended term sentence, for a fourth or subsequent violation of | 21 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 22 | | as provided in subsection (d-3.5) of that Section. The person's | 23 | | driving privileges shall be revoked for the remainder of his or | 24 | | her life.
| 25 | | (5) The court may sentence a corporation or unincorporated
| 26 | | association convicted of any offense to:
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| 1 | | (A) a period of conditional discharge;
| 2 | | (B) a fine;
| 3 | | (C) make restitution to the victim under Section 5-5-6 | 4 | | of this Code.
| 5 | | (5.1) In addition to any other penalties imposed, and | 6 | | except as provided in paragraph (5.2) or (5.3), a person
| 7 | | convicted of violating subsection (c) of Section 11-907 of the | 8 | | Illinois
Vehicle Code shall have his or her driver's license, | 9 | | permit, or privileges
suspended for at least 90 days but not | 10 | | more than one year, if the violation
resulted in damage to the | 11 | | property of another person.
| 12 | | (5.2) In addition to any other penalties imposed, and | 13 | | except as provided in paragraph (5.3), a person convicted
of | 14 | | violating subsection (c) of Section 11-907 of the Illinois | 15 | | Vehicle Code
shall have his or her driver's license, permit, or | 16 | | privileges suspended for at
least 180 days but not more than 2 | 17 | | years, if the violation resulted in injury
to
another person.
| 18 | | (5.3) In addition to any other penalties imposed, a person | 19 | | convicted of violating subsection (c) of Section
11-907 of the | 20 | | Illinois Vehicle Code shall have his or her driver's license,
| 21 | | permit, or privileges suspended for 2 years, if the violation | 22 | | resulted in the
death of another person.
| 23 | | (5.4) In addition to any other penalties imposed, a person | 24 | | convicted of violating Section 3-707 of the Illinois Vehicle | 25 | | Code shall have his or her driver's license, permit, or | 26 | | privileges suspended for 3 months and until he or she has paid |
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| 1 | | a reinstatement fee of $100. | 2 | | (5.5) In addition to any other penalties imposed, a person | 3 | | convicted of violating Section 3-707 of the Illinois Vehicle | 4 | | Code during a period in which his or her driver's license, | 5 | | permit, or privileges were suspended for a previous violation | 6 | | of that Section shall have his or her driver's license, permit, | 7 | | or privileges suspended for an additional 6 months after the | 8 | | expiration of the original 3-month suspension and until he or | 9 | | she has paid a reinstatement fee of $100.
| 10 | | (6) (Blank).
| 11 | | (7) (Blank).
| 12 | | (8) (Blank).
| 13 | | (9) A defendant convicted of a second or subsequent offense | 14 | | of ritualized
abuse of a child may be sentenced to a term of | 15 | | natural life imprisonment.
| 16 | | (10) (Blank).
| 17 | | (11) The court shall impose a minimum fine of $1,000 for a | 18 | | first offense
and $2,000 for a second or subsequent offense | 19 | | upon a person convicted of or
placed on supervision for battery | 20 | | when the individual harmed was a sports
official or coach at | 21 | | any level of competition and the act causing harm to the
sports
| 22 | | official or coach occurred within an athletic facility or | 23 | | within the immediate vicinity
of the athletic facility at which | 24 | | the sports official or coach was an active
participant
of the | 25 | | athletic contest held at the athletic facility. For the | 26 | | purposes of
this paragraph (11), "sports official" means a |
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| 1 | | person at an athletic contest
who enforces the rules of the | 2 | | contest, such as an umpire or referee; "athletic facility" | 3 | | means an indoor or outdoor playing field or recreational area | 4 | | where sports activities are conducted;
and "coach" means a | 5 | | person recognized as a coach by the sanctioning
authority that | 6 | | conducted the sporting event. | 7 | | (12) A person may not receive a disposition of court | 8 | | supervision for a
violation of Section 5-16 of the Boat | 9 | | Registration and Safety Act if that
person has previously | 10 | | received a disposition of court supervision for a
violation of | 11 | | that Section.
| 12 | | (13) A person convicted of or placed on court supervision | 13 | | for an assault or aggravated assault when the victim and the | 14 | | offender are family or household members as defined in Section | 15 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 16 | | of domestic battery or aggravated domestic battery may be | 17 | | required to attend a Partner Abuse Intervention Program under | 18 | | protocols set forth by the Illinois Department of Human | 19 | | Services under such terms and conditions imposed by the court. | 20 | | The costs of such classes shall be paid by the offender.
| 21 | | (d) In any case in which a sentence originally imposed is | 22 | | vacated,
the case shall be remanded to the trial court. The | 23 | | trial court shall
hold a hearing under Section 5-4-1 of this | 24 | | the Unified Code of Corrections
which may include evidence of | 25 | | the defendant's life, moral character and
occupation during the | 26 | | time since the original sentence was passed. The
trial court |
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| 1 | | shall then impose sentence upon the defendant. The trial
court | 2 | | may impose any sentence which could have been imposed at the
| 3 | | original trial subject to Section 5-5-4 of this the Unified | 4 | | Code of Corrections .
If a sentence is vacated on appeal or on | 5 | | collateral attack due to the
failure of the trier of fact at | 6 | | trial to determine beyond a reasonable doubt
the
existence of a | 7 | | fact (other than a prior conviction) necessary to increase the
| 8 | | punishment for the offense beyond the statutory maximum | 9 | | otherwise applicable,
either the defendant may be re-sentenced | 10 | | to a term within the range otherwise
provided or, if the State | 11 | | files notice of its intention to again seek the
extended | 12 | | sentence, the defendant shall be afforded a new trial.
| 13 | | (e) In cases where prosecution for
aggravated criminal | 14 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 15 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 16 | | of a defendant
who was a family member of the victim at the | 17 | | time of the commission of the
offense, the court shall consider | 18 | | the safety and welfare of the victim and
may impose a sentence | 19 | | of probation only where:
| 20 | | (1) the court finds (A) or (B) or both are appropriate:
| 21 | | (A) the defendant is willing to undergo a court | 22 | | approved counseling
program for a minimum duration of 2 | 23 | | years; or
| 24 | | (B) the defendant is willing to participate in a | 25 | | court approved plan
including but not limited to the | 26 | | defendant's:
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| 1 | | (i) removal from the household;
| 2 | | (ii) restricted contact with the victim;
| 3 | | (iii) continued financial support of the | 4 | | family;
| 5 | | (iv) restitution for harm done to the victim; | 6 | | and
| 7 | | (v) compliance with any other measures that | 8 | | the court may
deem appropriate; and
| 9 | | (2) the court orders the defendant to pay for the | 10 | | victim's counseling
services, to the extent that the court | 11 | | finds, after considering the
defendant's income and | 12 | | assets, that the defendant is financially capable of
paying | 13 | | for such services, if the victim was under 18 years of age | 14 | | at the
time the offense was committed and requires | 15 | | counseling as a result of the
offense.
| 16 | | Probation may be revoked or modified pursuant to Section | 17 | | 5-6-4; except
where the court determines at the hearing that | 18 | | the defendant violated a
condition of his or her probation | 19 | | restricting contact with the victim or
other family members or | 20 | | commits another offense with the victim or other
family | 21 | | members, the court shall revoke the defendant's probation and
| 22 | | impose a term of imprisonment.
| 23 | | For the purposes of this Section, "family member" and | 24 | | "victim" shall have
the meanings ascribed to them in Section | 25 | | 11-0.1 of the Criminal Code of
2012.
| 26 | | (f) (Blank).
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| 1 | | (g) Whenever a defendant is convicted of an offense under | 2 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 3 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 4 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 5 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 6 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012,
the defendant shall undergo medical | 8 | | testing to
determine whether the defendant has any sexually | 9 | | transmissible disease,
including a test for infection with | 10 | | human immunodeficiency virus (HIV) or
any other identified | 11 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 12 | | Any such medical test shall be performed only by appropriately
| 13 | | licensed medical practitioners and may include an analysis of | 14 | | any bodily
fluids as well as an examination of the defendant's | 15 | | person.
Except as otherwise provided by law, the results of | 16 | | such test shall be kept
strictly confidential by all medical | 17 | | personnel involved in the testing and must
be personally | 18 | | delivered in a sealed envelope to the judge of the court in | 19 | | which
the conviction was entered for the judge's inspection in | 20 | | camera. Acting in
accordance with the best interests of the | 21 | | victim and the public, the judge
shall have the discretion to | 22 | | determine to whom, if anyone, the results of the
testing may be | 23 | | revealed. The court shall notify the defendant
of the test | 24 | | results. The court shall
also notify the victim if requested by | 25 | | the victim, and if the victim is under
the age of 15 and if | 26 | | requested by the victim's parents or legal guardian, the
court |
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| 1 | | shall notify the victim's parents or legal guardian of the test
| 2 | | results.
The court shall provide information on the | 3 | | availability of HIV testing
and counseling at Department of | 4 | | Public Health facilities to all parties to
whom the results of | 5 | | the testing are revealed and shall direct the State's
Attorney | 6 | | to provide the information to the victim when possible.
A | 7 | | State's Attorney may petition the court to obtain the results | 8 | | of any HIV test
administered under this Section, and the court | 9 | | shall grant the disclosure if
the State's Attorney shows it is | 10 | | relevant in order to prosecute a charge of
criminal | 11 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 13 | | defendant. The court shall order that the cost of any such test
| 14 | | shall be paid by the county and may be taxed as costs against | 15 | | the convicted
defendant.
| 16 | | (g-5) When an inmate is tested for an airborne communicable | 17 | | disease, as
determined by the Illinois Department of Public | 18 | | Health including but not
limited to tuberculosis, the results | 19 | | of the test shall be
personally delivered by the warden or his | 20 | | or her designee in a sealed envelope
to the judge of the court | 21 | | in which the inmate must appear for the judge's
inspection in | 22 | | camera if requested by the judge. Acting in accordance with the
| 23 | | best interests of those in the courtroom, the judge shall have | 24 | | the discretion
to determine what if any precautions need to be | 25 | | taken to prevent transmission
of the disease in the courtroom.
| 26 | | (h) Whenever a defendant is convicted of an offense under |
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| 1 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 2 | | defendant shall undergo
medical testing to determine whether | 3 | | the defendant has been exposed to human
immunodeficiency virus | 4 | | (HIV) or any other identified causative agent of
acquired | 5 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 6 | | by
law, the results of such test shall be kept strictly | 7 | | confidential by all
medical personnel involved in the testing | 8 | | and must be personally delivered in a
sealed envelope to the | 9 | | judge of the court in which the conviction was entered
for the | 10 | | judge's inspection in camera. Acting in accordance with the | 11 | | best
interests of the public, the judge shall have the | 12 | | discretion to determine to
whom, if anyone, the results of the | 13 | | testing may be revealed. The court shall
notify the defendant | 14 | | of a positive test showing an infection with the human
| 15 | | immunodeficiency virus (HIV). The court shall provide | 16 | | information on the
availability of HIV testing and counseling | 17 | | at Department of Public Health
facilities to all parties to | 18 | | whom the results of the testing are revealed and
shall direct | 19 | | the State's Attorney to provide the information to the victim | 20 | | when
possible. A State's Attorney may petition the court to | 21 | | obtain the results of
any HIV test administered under this | 22 | | Section, and the court shall grant the
disclosure if the | 23 | | State's Attorney shows it is relevant in order to prosecute a
| 24 | | charge of criminal transmission of HIV under Section 12-5.01 or | 25 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 26 | | 2012 against the defendant. The court shall order that the cost |
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| 1 | | of any
such test shall be paid by the county and may be taxed as | 2 | | costs against the
convicted defendant.
| 3 | | (i) All fines and penalties imposed under this Section for | 4 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 5 | | Vehicle Code, or a similar
provision of a local ordinance, and | 6 | | any violation
of the Child Passenger Protection Act, or a | 7 | | similar provision of a local
ordinance, shall be collected and | 8 | | disbursed by the circuit
clerk as provided under the Criminal | 9 | | and Traffic Assessment Act.
| 10 | | (j) In cases when prosecution for any violation of Section | 11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 12 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 13 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 14 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 15 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, any violation of the Illinois Controlled | 17 | | Substances Act,
any violation of the Cannabis Control Act, or | 18 | | any violation of the Methamphetamine Control and Community | 19 | | Protection Act results in conviction, a
disposition of court | 20 | | supervision, or an order of probation granted under
Section 10 | 21 | | of the Cannabis Control Act, Section 410 of the Illinois
| 22 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 23 | | Control and Community Protection Act of a defendant, the court | 24 | | shall determine whether the
defendant is employed by a facility | 25 | | or center as defined under the Child Care
Act of 1969, a public | 26 | | or private elementary or secondary school, or otherwise
works |
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| 1 | | with children under 18 years of age on a daily basis. When a | 2 | | defendant
is so employed, the court shall order the Clerk of | 3 | | the Court to send a copy of
the judgment of conviction or order | 4 | | of supervision or probation to the
defendant's employer by | 5 | | certified mail.
If the employer of the defendant is a school, | 6 | | the Clerk of the Court shall
direct the mailing of a copy of | 7 | | the judgment of conviction or order of
supervision or probation | 8 | | to the appropriate regional superintendent of schools.
The | 9 | | regional superintendent of schools shall notify the State Board | 10 | | of
Education of any notification under this subsection.
| 11 | | (j-5) A defendant at least 17 years of age who is convicted | 12 | | of a felony and
who has not been previously convicted of a | 13 | | misdemeanor or felony and who is
sentenced to a term of | 14 | | imprisonment in the Illinois Department of Corrections
shall as | 15 | | a condition of his or her sentence be required by the court to | 16 | | attend
educational courses designed to prepare the defendant | 17 | | for a high school diploma
and to work toward a high school | 18 | | diploma or to work toward passing high school equivalency | 19 | | testing or to work toward
completing a vocational training | 20 | | program offered by the Department of
Corrections. If a | 21 | | defendant fails to complete the educational training
required | 22 | | by his or her sentence during the term of incarceration, the | 23 | | Prisoner
Review Board shall, as a condition of mandatory | 24 | | supervised release, require the
defendant, at his or her own | 25 | | expense, to pursue a course of study toward a high
school | 26 | | diploma or passage of high school equivalency testing. The |
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| 1 | | Prisoner Review Board shall
revoke the mandatory supervised | 2 | | release of a defendant who wilfully fails to
comply with this | 3 | | subsection (j-5) upon his or her release from confinement in a
| 4 | | penal institution while serving a mandatory supervised release | 5 | | term; however,
the inability of the defendant after making a | 6 | | good faith effort to obtain
financial aid or pay for the | 7 | | educational training shall not be deemed a wilful
failure to | 8 | | comply. The Prisoner Review Board shall recommit the defendant
| 9 | | whose mandatory supervised release term has been revoked under | 10 | | this subsection
(j-5) as provided in Section 3-3-9. This | 11 | | subsection (j-5) does not apply to a
defendant who has a high | 12 | | school diploma or has successfully passed high school | 13 | | equivalency testing. This subsection (j-5) does not apply to a | 14 | | defendant who is determined by
the court to be a person with a | 15 | | developmental disability or otherwise mentally incapable of
| 16 | | completing the educational or vocational program.
| 17 | | (k) (Blank).
| 18 | | (l) (A) Except as provided
in paragraph (C) of subsection | 19 | | (l), whenever a defendant,
who is an alien as defined by the | 20 | | Immigration and Nationality Act, is convicted
of any felony or | 21 | | misdemeanor offense, the court after sentencing the defendant
| 22 | | may, upon motion of the State's Attorney, hold sentence in | 23 | | abeyance and remand
the defendant to the custody of the | 24 | | Attorney General of
the United States or his or her designated | 25 | | agent to be deported when:
| 26 | | (1) a final order of deportation has been issued |
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| 1 | | against the defendant
pursuant to proceedings under the | 2 | | Immigration and Nationality Act, and
| 3 | | (2) the deportation of the defendant would not | 4 | | deprecate the seriousness
of the defendant's conduct and | 5 | | would not be inconsistent with the ends of
justice.
| 6 | | Otherwise, the defendant shall be sentenced as provided in | 7 | | this Chapter V.
| 8 | | (B) If the defendant has already been sentenced for a | 9 | | felony or
misdemeanor
offense, or has been placed on probation | 10 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 11 | | the Illinois Controlled Substances Act, or Section 70 of the | 12 | | Methamphetamine Control and Community Protection Act, the | 13 | | court
may, upon motion of the State's Attorney to suspend the
| 14 | | sentence imposed, commit the defendant to the custody of the | 15 | | Attorney General
of the United States or his or her designated | 16 | | agent when:
| 17 | | (1) a final order of deportation has been issued | 18 | | against the defendant
pursuant to proceedings under the | 19 | | Immigration and Nationality Act, and
| 20 | | (2) the deportation of the defendant would not | 21 | | deprecate the seriousness
of the defendant's conduct and | 22 | | would not be inconsistent with the ends of
justice.
| 23 | | (C) This subsection (l) does not apply to offenders who are | 24 | | subject to the
provisions of paragraph (2) of subsection (a) of | 25 | | Section 3-6-3.
| 26 | | (D) Upon motion of the State's Attorney, if a defendant |
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| 1 | | sentenced under
this Section returns to the jurisdiction of the | 2 | | United States, the defendant
shall be recommitted to the | 3 | | custody of the county from which he or she was
sentenced.
| 4 | | Thereafter, the defendant shall be brought before the | 5 | | sentencing court, which
may impose any sentence that was | 6 | | available under Section 5-5-3 at the time of
initial | 7 | | sentencing. In addition, the defendant shall not be eligible | 8 | | for
additional earned sentence credit as provided under
Section | 9 | | 3-6-3.
| 10 | | (m) A person convicted of criminal defacement of property | 11 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, in which the property damage exceeds | 13 | | $300
and the property damaged is a school building, shall be | 14 | | ordered to perform
community service that may include cleanup, | 15 | | removal, or painting over the
defacement.
| 16 | | (n) The court may sentence a person convicted of a | 17 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 18 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 20 | | incarceration program if the person is otherwise eligible for | 21 | | that program
under Section 5-8-1.1, (ii) to community service, | 22 | | or (iii) if the person has a substance use disorder, as defined
| 23 | | in the Substance Use Disorder Act, to a treatment program
| 24 | | licensed under that Act. | 25 | | (o) Whenever a person is convicted of a sex offense as | 26 | | defined in Section 2 of the Sex Offender Registration Act, the |
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| 1 | | defendant's driver's license or permit shall be subject to | 2 | | renewal on an annual basis in accordance with the provisions of | 3 | | license renewal established by the Secretary of State.
| 4 | | (Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; | 5 | | 99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff. | 6 | | 1-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)
| 7 | | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| 8 | | Sec. 5-8-4. Concurrent and consecutive terms of | 9 | | imprisonment.
| 10 | | (a) Concurrent terms; multiple or additional sentences. | 11 | | When an Illinois court (i) imposes multiple sentences of | 12 | | imprisonment on a defendant at the same time or (ii) imposes a | 13 | | sentence of imprisonment on a defendant who is already subject | 14 | | to a sentence of imprisonment imposed by an Illinois court, a | 15 | | court of another state, or a federal court, then the sentences | 16 | | shall run concurrently unless otherwise determined by the | 17 | | Illinois court under this Section. | 18 | | (b) Concurrent terms; misdemeanor and felony. A defendant | 19 | | serving a sentence for a
misdemeanor who is convicted of a | 20 | | felony and sentenced to imprisonment shall be transferred to | 21 | | the Department of Corrections, and the misdemeanor sentence | 22 | | shall be merged in and run concurrently with the felony | 23 | | sentence. | 24 | | (c) Consecutive terms; permissive. The court may impose | 25 | | consecutive sentences in any of the following circumstances: |
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| 1 | | (1) If, having regard to the nature and circumstances | 2 | | of the offense and the history
and character of the | 3 | | defendant, it is the opinion of the court that consecutive | 4 | | sentences are
required to protect the public from further | 5 | | criminal conduct by the defendant, the basis for which the | 6 | | court shall set forth in the record. | 7 | | (2) If one of the offenses for which a defendant was | 8 | | convicted was a violation of
Section 32-5.2 (aggravated | 9 | | false personation of a peace officer) of the Criminal Code | 10 | | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | 11 | | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | 12 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | 13 | | offense was committed in attempting or committing a | 14 | | forcible felony.
| 15 | | (d) Consecutive terms; mandatory. The court shall impose | 16 | | consecutive sentences in each of the following circumstances: | 17 | | (1) One of the offenses for which the defendant was | 18 | | convicted was first degree
murder or a Class X or Class 1 | 19 | | felony and the defendant inflicted severe bodily injury. | 20 | | (2) The defendant was convicted of a violation of | 21 | | Section 11-1.20 or 12-13 (criminal sexual
assault), | 22 | | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | 23 | | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | 24 | | child) of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | 26 | | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or |
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| 1 | | 5/12-14.1). | 2 | | (2.5) The defendant was convicted of a violation of | 3 | | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) | 4 | | of Section 11-20.1 (child pornography) or of paragraph (1), | 5 | | (2), (3), (4), (5), or (7) of subsection (a) of Section | 6 | | 11-20.1B or 11-20.3 (aggravated child pornography) of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012; or the | 8 | | defendant was convicted of a violation of paragraph (6) of | 9 | | subsection (a) of Section 11-20.1 (child pornography) or of | 10 | | paragraph (6) of subsection (a) of Section 11-20.1B or | 11 | | 11-20.3 (aggravated child pornography) of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012, when the child | 13 | | depicted is under the age of 13. | 14 | | (3) The defendant was convicted of armed violence based | 15 | | upon the predicate
offense of any of the following: | 16 | | solicitation of murder, solicitation of murder for hire, | 17 | | heinous battery as described in Section 12-4.1 or | 18 | | subdivision (a)(2) of Section 12-3.05, aggravated battery | 19 | | of a senior citizen as described in Section 12-4.6 or | 20 | | subdivision (a)(4) of Section 12-3.05, criminal sexual | 21 | | assault, a violation of subsection (g) of Section 5 of the | 22 | | Cannabis Control Act (720 ILCS 550/5), cannabis | 23 | | trafficking, a violation of subsection (a) of Section 401 | 24 | | of the Illinois Controlled Substances Act (720 ILCS | 25 | | 570/401), controlled substance trafficking involving a | 26 | | Class X felony amount of controlled substance under Section |
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| 1 | | 401 of the Illinois Controlled Substances Act (720 ILCS | 2 | | 570/401), a violation of the Methamphetamine Control and | 3 | | Community Protection Act (720 ILCS 646/), calculated | 4 | | criminal drug conspiracy, or streetgang criminal drug | 5 | | conspiracy. | 6 | | (4) The defendant was convicted of the offense of | 7 | | leaving the scene of a motor
vehicle accident involving | 8 | | death or personal injuries under Section 11-401 of the | 9 | | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | 10 | | aggravated driving under the influence of alcohol, other | 11 | | drug or drugs, or intoxicating compound or compounds, or | 12 | | any combination thereof under Section 11-501 of the | 13 | | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | 14 | | homicide under Section 9-3 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | 16 | | offense described in item (A) and an offense described in | 17 | | item (B). | 18 | | (5) The defendant was convicted of a violation of | 19 | | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | 20 | | death) or Section 12-20.5 (dismembering a human body) of | 21 | | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | 22 | | ILCS 5/9-3.1 or 5/12-20.5). | 23 | | (5.5) The defendant was convicted of a violation of | 24 | | Section 24-3.7 (use of a stolen or illegally acquired | 25 | | firearm in the commission of an offense) of the Criminal | 26 | | Code of 1961 or the Criminal Code of 2012. |
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| 1 | | (6) If the defendant was in the custody of the | 2 | | Department of Corrections at the
time of the commission of | 3 | | the offense, the sentence shall be served consecutive to | 4 | | the sentence under which the defendant is held by the | 5 | | Department of Corrections. If, however, the defendant is | 6 | | sentenced to punishment by death, the sentence shall be | 7 | | executed at such time as the court may fix without regard | 8 | | to the sentence under which the defendant may be held by | 9 | | the Department. | 10 | | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | 11 | | for escape or attempted escape shall be served
consecutive | 12 | | to the terms under which the offender is held by the | 13 | | Department of Corrections. | 14 | | (8) If a person charged with a felony commits a | 15 | | separate felony while on pretrial
release or in pretrial | 16 | | detention in a county jail facility or county detention | 17 | | facility, then the sentences imposed upon conviction of | 18 | | these felonies shall be served consecutively regardless of | 19 | | the order in which the judgments of conviction are entered. | 20 | | (8.5) If a person commits a battery against a county | 21 | | correctional officer or sheriff's employee while serving a | 22 | | sentence or in pretrial detention in a county jail | 23 | | facility, then the sentence imposed upon conviction of the | 24 | | battery shall be served consecutively with the sentence | 25 | | imposed upon conviction of the earlier misdemeanor or | 26 | | felony, regardless of the order in which the
judgments of |
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| 1 | | conviction are entered. | 2 | | (9) If a person admitted to bail following conviction | 3 | | of a felony commits a
separate felony while free on bond or | 4 | | if a person detained in a county jail facility or county | 5 | | detention facility following conviction of a felony | 6 | | commits a separate felony while in detention, then any | 7 | | sentence following conviction of the separate felony shall | 8 | | be consecutive to that of the original sentence for which | 9 | | the defendant was on bond or detained.
| 10 | | (10) If a person is found to be in possession of an | 11 | | item of contraband, as defined in Section 31A-0.1 of the | 12 | | Criminal Code of 2012, while serving a sentence in a county | 13 | | jail or while in pre-trial detention in a county jail, the | 14 | | sentence imposed upon conviction for the offense of | 15 | | possessing contraband in a penal institution shall be | 16 | | served consecutively to the sentence imposed for the | 17 | | offense in which the person is serving sentence in the | 18 | | county jail or serving pretrial detention, regardless of | 19 | | the order in which the judgments of conviction are entered. | 20 | | (11) If a person is sentenced for a violation of bail | 21 | | bond under Section 32-10 of the Criminal Code of 1961 or | 22 | | the Criminal Code of 2012, any sentence imposed for that | 23 | | violation shall be served
consecutive to the sentence | 24 | | imposed for the charge for which bail had been
granted and | 25 | | with respect to which the defendant has been convicted. | 26 | | (e) Consecutive terms; subsequent non-Illinois term. If an |
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| 1 | | Illinois court has imposed a
sentence of imprisonment on a | 2 | | defendant and the defendant is subsequently sentenced to a term | 3 | | of imprisonment by a court of another state or a federal court, | 4 | | then the Illinois sentence shall run consecutively to the | 5 | | sentence imposed by the court of the other state or the federal | 6 | | court. That same Illinois court, however, may order that the | 7 | | Illinois sentence run concurrently with the sentence imposed by | 8 | | the court of the other state or the federal court, but only if | 9 | | the defendant applies to that same Illinois court within 30 | 10 | | days after the sentence imposed by the court of the other state | 11 | | or the federal court is finalized. | 12 | | (f) Consecutive terms; aggregate maximums and minimums. | 13 | | The aggregate maximum
and aggregate minimum of consecutive | 14 | | sentences shall be determined as follows: | 15 | | (1) For sentences imposed under law in effect prior to | 16 | | February 1, 1978, the
aggregate maximum of consecutive | 17 | | sentences shall not exceed the maximum term authorized | 18 | | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | 19 | | Chapter V for the 2 most serious felonies involved. The | 20 | | aggregate minimum period of consecutive sentences shall | 21 | | not exceed the highest minimum term authorized under | 22 | | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | 23 | | V for the 2 most serious felonies involved. When sentenced | 24 | | only for misdemeanors, a defendant shall not be | 25 | | consecutively sentenced to more than the maximum for one | 26 | | Class A misdemeanor. |
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| 1 | | (2) For sentences imposed under the law in effect on or | 2 | | after February 1, 1978,
the aggregate of consecutive | 3 | | sentences for offenses that were committed as part of a | 4 | | single
course of conduct during which there was no | 5 | | substantial change in the nature of the criminal objective | 6 | | shall not exceed the sum of the maximum terms authorized | 7 | | under Article 4.5 of Chapter V for the 2 most serious | 8 | | felonies involved, but no such limitation shall apply for | 9 | | offenses that were not committed as part of a single course | 10 | | of conduct during which there was no substantial change in | 11 | | the nature of the criminal objective. When sentenced only | 12 | | for misdemeanors, a defendant shall not be consecutively | 13 | | sentenced to more than the maximum for one Class A | 14 | | misdemeanor.
| 15 | | (g) Consecutive terms; manner served. In determining the | 16 | | manner in which consecutive sentences of imprisonment, one or | 17 | | more of which is for a felony, will be served, the Department | 18 | | of Corrections shall treat the defendant as though he or she | 19 | | had been committed for a single term subject to each of the | 20 | | following: | 21 | | (1) The maximum period of a term of imprisonment shall | 22 | | consist of the aggregate
of the maximums of the imposed | 23 | | indeterminate terms, if any, plus the aggregate of the | 24 | | imposed determinate sentences for felonies, plus the | 25 | | aggregate of the imposed determinate sentences for | 26 | | misdemeanors, subject to subsection (f) of this Section. |
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| 1 | | (2) The parole or mandatory supervised release term | 2 | | shall be as provided in
paragraph (e) of Section 5-4.5-50 | 3 | | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | 4 | | involved. | 5 | | (3) The minimum period of imprisonment shall be the | 6 | | aggregate of the minimum
and determinate periods of | 7 | | imprisonment imposed by the court, subject to subsection | 8 | | (f) of this Section. | 9 | | (4) The defendant shall be awarded credit against the | 10 | | aggregate maximum term
and the aggregate minimum term of | 11 | | imprisonment for all time served in an institution since | 12 | | the commission of the offense or offenses and as a | 13 | | consequence thereof at the rate specified in
Section 3-6-3 | 14 | | (730 ILCS 5/3-6-3).
| 15 | | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; | 16 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. | 17 | | 1-1-14.) | 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act.".
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