Full Text of HB2357 103rd General Assembly
HB2357 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2357 Introduced 2/14/2023, by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-4.5-95 | | 730 ILCS 5/5-5-3 | |
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Amends the Unified Code of Corrections. Provides that if a person commits a misdemeanor while armed with a firearm, the person shall be sentenced for a Class 4 felony. Provides that a period of probation, a term of periodic imprisonment, or
conditional discharge shall not be imposed for a conviction for a felony committed while armed with a firearm. Provides that if a person is convicted of an offense while armed with a firearm and causes death or great bodily harm to another person with the firearm, the court shall impose an additional 15-year sentence upon the person, in addition to the sentence imposed for the offense.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 5-4.5-95 and 5-5-3 as follows: | 6 | | (730 ILCS 5/5-4.5-95) | 7 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 8 | | (a) HABITUAL CRIMINALS. | 9 | | (1) Every person who has been twice convicted in any | 10 | | state or federal court of an offense that contains the | 11 | | same elements as an offense now (the date of the offense | 12 | | committed after the 2 prior convictions) classified in | 13 | | Illinois as a Class X felony, criminal sexual assault, | 14 | | aggravated kidnapping, or first degree murder, and who is | 15 | | thereafter convicted of a Class X felony, criminal sexual | 16 | | assault, or first degree murder, committed after the 2 | 17 | | prior convictions, shall be adjudged an habitual criminal. | 18 | | (2) The 2 prior convictions need not have been for the | 19 | | same offense. | 20 | | (3) Any convictions that result from or are connected | 21 | | with the same transaction, or result from offenses | 22 | | committed at the same time, shall be counted for the | 23 | | purposes of this Section as one conviction. |
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| 1 | | (4) This Section does not apply unless each of the | 2 | | following requirements are satisfied: | 3 | | (A) The third offense was committed after July 3, | 4 | | 1980. | 5 | | (B) The third offense was committed within 20 | 6 | | years of the date that judgment was entered on the | 7 | | first conviction; provided, however, that time spent | 8 | | in custody shall not be counted. | 9 | | (C) The third offense was committed after | 10 | | conviction on the second offense. | 11 | | (D) The second offense was committed after | 12 | | conviction on the first offense. | 13 | | (E) The first offense was committed when the | 14 | | person was 21 years of age or older. | 15 | | (5) Anyone who is adjudged an habitual criminal shall | 16 | | be sentenced to a term of natural life imprisonment. | 17 | | (6) A prior conviction shall not be alleged in the | 18 | | indictment, and no evidence or other disclosure of that | 19 | | conviction shall be presented to the court or the jury | 20 | | during the trial of an offense set forth in this Section | 21 | | unless otherwise permitted by the issues properly raised | 22 | | in that trial. After a plea or verdict or finding of guilty | 23 | | and before sentence is imposed, the prosecutor may file | 24 | | with the court a verified written statement signed by the | 25 | | State's Attorney concerning any former conviction of an | 26 | | offense set forth in this Section rendered against the |
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| 1 | | defendant. The court shall then cause the defendant to be | 2 | | brought before it; shall inform the defendant of the | 3 | | allegations of the statement so filed, and of his or her | 4 | | right to a hearing before the court on the issue of that | 5 | | former conviction and of his or her right to counsel at | 6 | | that hearing; and unless the defendant admits such | 7 | | conviction, shall hear and determine the issue, and shall | 8 | | make a written finding thereon. If a sentence has | 9 | | previously been imposed, the court may vacate that | 10 | | sentence and impose a new sentence in accordance with this | 11 | | Section. | 12 | | (7) A duly authenticated copy of the record of any | 13 | | alleged former conviction of an offense set forth in this | 14 | | Section shall be prima facie evidence of that former | 15 | | conviction; and a duly authenticated copy of the record of | 16 | | the defendant's final release or discharge from probation | 17 | | granted, or from sentence and parole supervision (if any) | 18 | | imposed pursuant to that former conviction, shall be prima | 19 | | facie evidence of that release or discharge. | 20 | | (8) Any claim that a previous conviction offered by | 21 | | the prosecution is not a former conviction of an offense | 22 | | set forth in this Section because of the existence of any | 23 | | exceptions described in this Section, is waived unless | 24 | | duly raised at the hearing on that conviction, or unless | 25 | | the prosecution's proof shows the existence of the | 26 | | exceptions described in this Section. |
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| 1 | | (9) If the person so convicted shows to the | 2 | | satisfaction of the court before whom that conviction was | 3 | | had that he or she was released from imprisonment, upon | 4 | | either of the sentences upon a pardon granted for the | 5 | | reason that he or she was innocent, that conviction and | 6 | | sentence shall not be considered under this Section.
| 7 | | (b) When a defendant, over the age of 21 years, is | 8 | | convicted of a Class 1 or Class 2 forcible felony after having | 9 | | twice been convicted in any state or federal court of an | 10 | | offense that contains the same elements as an offense now (the | 11 | | date the Class 1 or Class 2 forcible felony was committed) | 12 | | classified in Illinois as a Class 2 or greater Class forcible | 13 | | felony and those charges are separately brought and tried and | 14 | | arise out of different series of acts, that defendant shall be | 15 | | sentenced as a Class X offender. This subsection does not | 16 | | apply unless: | 17 | | (1) the first forcible felony was committed after | 18 | | February 1, 1978 (the effective date of Public Act | 19 | | 80-1099); | 20 | | (2) the second forcible felony was committed after | 21 | | conviction on the first; | 22 | | (3) the third forcible felony was committed after | 23 | | conviction on the second; and | 24 | | (4) the first offense was committed when the person | 25 | | was 21 years of age or older. | 26 | | (c) (Blank). |
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| 1 | | A person sentenced as a Class X offender under this | 2 | | subsection (b) is not eligible to apply for treatment as a | 3 | | condition of probation as provided by Section 40-10 of the | 4 | | Substance Use Disorder Act (20 ILCS 301/40-10) . | 5 | | (d) If a person commits a misdemeanor while armed with a | 6 | | firearm, the person shall be sentenced for a Class 4 felony.
| 7 | | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; | 8 | | 101-652, eff. 7-1-21 .)
| 9 | | (730 ILCS 5/5-5-3)
| 10 | | Sec. 5-5-3. Disposition.
| 11 | | (a) (Blank).
| 12 | | (b) (Blank).
| 13 | | (c) (1) (Blank).
| 14 | | (2) A period of probation, a term of periodic imprisonment | 15 | | or
conditional discharge shall not be imposed for the | 16 | | following offenses.
The court shall sentence the offender to | 17 | | not less than the minimum term
of imprisonment set forth in | 18 | | this Code for the following offenses, and
may order a fine or | 19 | | restitution or both in conjunction with such term of
| 20 | | imprisonment:
| 21 | | (A) First degree murder where the death penalty is not | 22 | | imposed.
| 23 | | (B) Attempted first degree murder.
| 24 | | (C) A Class X felony.
| 25 | | (D) A violation of Section 401.1 or 407 of the
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| 1 | | Illinois Controlled Substances Act, or a violation of | 2 | | subdivision (c)(1.5) of
Section 401 of that Act which | 3 | | relates to more than 5 grams of a substance
containing | 4 | | fentanyl or an analog thereof.
| 5 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 6 | | of the Illinois Controlled Substances Act which relates to | 7 | | 3 or more grams of a substance
containing heroin or an | 8 | | analog thereof. | 9 | | (E) (Blank).
| 10 | | (F) A Class 1 or greater felony if the offender had | 11 | | been convicted
of a Class 1 or greater felony, including | 12 | | any state or federal conviction for an offense that | 13 | | contained, at the time it was committed, the same elements | 14 | | as an offense now (the date of the offense committed after | 15 | | the prior Class 1 or greater felony) classified as a Class | 16 | | 1 or greater felony, within 10 years of the date on which | 17 | | the
offender
committed the offense for which he or she is | 18 | | being sentenced, except as
otherwise provided in Section | 19 | | 40-10 of the Substance Use Disorder Act.
| 20 | | (F-3) A Class 2 or greater felony sex offense or | 21 | | felony firearm offense if the offender had been convicted | 22 | | of a Class 2 or greater felony, including any state or | 23 | | federal conviction for an offense that contained, at the | 24 | | time it was committed, the same elements as an offense now | 25 | | (the date of the offense committed after the prior Class 2 | 26 | | or greater felony) classified as a Class 2 or greater |
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| 1 | | felony, within 10 years of the date on which the offender | 2 | | committed the offense for which he or she is being | 3 | | sentenced, except as otherwise provided in Section 40-10 | 4 | | of the Substance Use Disorder Act. | 5 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 7 | | for which imprisonment is prescribed in those Sections. | 8 | | (G) Residential burglary, except as otherwise provided | 9 | | in Section 40-10
of the Substance Use Disorder Act.
| 10 | | (H) Criminal sexual assault.
| 11 | | (I) Aggravated battery of a senior citizen as | 12 | | described in Section 12-4.6 or subdivision (a)(4) of | 13 | | Section 12-3.05 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012.
| 15 | | (J) A forcible felony if the offense was related to | 16 | | the activities of an
organized gang.
| 17 | | Before July 1, 1994, for the purposes of this | 18 | | paragraph, "organized
gang" means an association of 5 or | 19 | | more persons, with an established hierarchy,
that | 20 | | encourages members of the association to perpetrate crimes | 21 | | or provides
support to the members of the association who | 22 | | do commit crimes.
| 23 | | Beginning July 1, 1994, for the purposes of this | 24 | | paragraph,
"organized gang" has the meaning ascribed to it | 25 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 26 | | Prevention Act.
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| 1 | | (K) Vehicular hijacking.
| 2 | | (L) A second or subsequent conviction for the offense | 3 | | of hate crime
when the underlying offense upon which the | 4 | | hate crime is based is felony
aggravated
assault or felony | 5 | | mob action.
| 6 | | (M) A second or subsequent conviction for the offense | 7 | | of institutional
vandalism if the damage to the property | 8 | | exceeds $300.
| 9 | | (N) A Class 3 felony violation of paragraph (1) of | 10 | | subsection (a) of
Section 2 of the Firearm Owners | 11 | | Identification Card Act.
| 12 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 14 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 15 | | or (7) of
subsection (a)
of Section 11-20.1 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 17 | | (P-5) A violation of paragraph (6) of subsection (a) | 18 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
| 19 | | Criminal Code of 2012 if the victim is a household or
| 20 | | family member of the defendant. | 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 | 19 | | the offenses formerly known as rape, deviate sexual | 20 | | assault, indecent liberties with a child, or aggravated | 21 | | indecent liberties with a child where the victim was under | 22 | | the age of 18 years or an offense that is substantially | 23 | | equivalent 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 | 15 | | of $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 | 20 | | firearm 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 | | (FF) A conviction for a felony committed while armed | 25 | | with a firearm. | 26 | | (3) (Blank).
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| 1 | | (4) A minimum term of imprisonment of not less than 10
| 2 | | consecutive days or 30 days of community service shall be | 3 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 4 | | the Illinois Vehicle Code.
| 5 | | (4.1) (Blank).
| 6 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 7 | | this subsection (c), a
minimum of
100 hours of community | 8 | | service shall be imposed for a second violation of
Section | 9 | | 6-303
of the Illinois Vehicle Code.
| 10 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 11 | | hours of community
service, as determined by the court, shall
| 12 | | be imposed for a second violation of subsection (c) of Section | 13 | | 6-303 of the
Illinois Vehicle Code.
| 14 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 15 | | (4.9) of this
subsection (c), a
minimum term of imprisonment | 16 | | of 30 days or 300 hours of community service, as
determined by | 17 | | the court, shall
be imposed
for a third or subsequent | 18 | | violation of Section 6-303 of the Illinois Vehicle
Code. The | 19 | | court may give credit toward the fulfillment of community | 20 | | service hours for participation in activities and treatment as | 21 | | determined by court services.
| 22 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 23 | | imposed for a third violation of subsection (c) of
Section | 24 | | 6-303 of the Illinois Vehicle Code.
| 25 | | (4.6) Except as provided in paragraph (4.10) of this | 26 | | subsection (c), a minimum term of imprisonment of 180 days |
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| 1 | | shall be imposed for a
fourth or subsequent violation of | 2 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 3 | | (4.7) A minimum term of imprisonment of not less than 30 | 4 | | consecutive days, or 300 hours of community service, shall be | 5 | | imposed for a violation of subsection (a-5) of Section 6-303 | 6 | | of the Illinois Vehicle Code, as provided in subsection (b-5) | 7 | | of that Section.
| 8 | | (4.8) A mandatory prison sentence shall be imposed for a | 9 | | second violation of subsection (a-5) of Section 6-303 of the | 10 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 11 | | Section. The person's driving privileges shall be revoked for | 12 | | a period of not less than 5 years from the date of his or her | 13 | | release from prison.
| 14 | | (4.9) A mandatory prison sentence of not less than 4 and | 15 | | not more than 15 years shall be imposed for a third violation | 16 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 17 | | Code, as provided in subsection (d-2.5) of that Section. The | 18 | | person's driving privileges shall be revoked for the remainder | 19 | | of his or her life.
| 20 | | (4.10) A mandatory prison sentence for a Class 1 felony | 21 | | shall be imposed, and the person shall be eligible for an | 22 | | extended term sentence, for a fourth or subsequent violation | 23 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 24 | | Code, as provided in subsection (d-3.5) of that Section. The | 25 | | person's driving privileges shall be revoked for the remainder | 26 | | of his or her life.
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| 1 | | (5) The court may sentence a corporation or unincorporated
| 2 | | association convicted of any offense to:
| 3 | | (A) a period of conditional discharge;
| 4 | | (B) a fine;
| 5 | | (C) make restitution to the victim under Section 5-5-6 | 6 | | of this Code.
| 7 | | (5.1) In addition to any other penalties imposed, and | 8 | | except as provided in paragraph (5.2) or (5.3), a person
| 9 | | convicted of violating subsection (c) of Section 11-907 of the | 10 | | Illinois
Vehicle Code shall have his or her driver's license, | 11 | | permit, or privileges
suspended for at least 90 days but not | 12 | | more than one year, if the violation
resulted in damage to the | 13 | | property of another person.
| 14 | | (5.2) In addition to any other penalties imposed, and | 15 | | except as provided in paragraph (5.3), a person convicted
of | 16 | | violating subsection (c) of Section 11-907 of the Illinois | 17 | | Vehicle Code
shall have his or her driver's license, permit, | 18 | | or privileges suspended for at
least 180 days but not more than | 19 | | 2 years, if the violation resulted in injury
to
another | 20 | | person.
| 21 | | (5.3) In addition to any other penalties imposed, a person | 22 | | convicted of violating subsection (c) of Section
11-907 of the | 23 | | Illinois Vehicle Code shall have his or her driver's license,
| 24 | | permit, or privileges suspended for 2 years, if the violation | 25 | | resulted in the
death of another person.
| 26 | | (5.4) In addition to any other penalties imposed, a person |
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| 1 | | convicted of violating Section 3-707 of the Illinois Vehicle | 2 | | Code shall have his or her driver's license, permit, or | 3 | | privileges suspended for 3 months and until he or she has paid | 4 | | a reinstatement fee of $100. | 5 | | (5.5) In addition to any other penalties imposed, a person | 6 | | convicted of violating Section 3-707 of the Illinois Vehicle | 7 | | Code during a period in which his or her driver's license, | 8 | | permit, or privileges were suspended for a previous violation | 9 | | of that Section shall have his or her driver's license, | 10 | | permit, or privileges suspended for an additional 6 months | 11 | | after the expiration of the original 3-month suspension and | 12 | | until he or she has paid a reinstatement fee of $100.
| 13 | | (6) (Blank).
| 14 | | (7) (Blank).
| 15 | | (8) (Blank).
| 16 | | (9) A defendant convicted of a second or subsequent | 17 | | offense of ritualized
abuse of a child may be sentenced to a | 18 | | term of natural life imprisonment.
| 19 | | (10) (Blank).
| 20 | | (11) The court shall impose a minimum fine of $1,000 for a | 21 | | first offense
and $2,000 for a second or subsequent offense | 22 | | upon a person convicted of or
placed on supervision for | 23 | | battery when the individual harmed was a sports
official or | 24 | | coach at any level of competition and the act causing harm to | 25 | | the
sports
official or coach occurred within an athletic | 26 | | facility or within the immediate vicinity
of the athletic |
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| 1 | | facility at which the sports official or coach was an active
| 2 | | participant
of the athletic contest held at the athletic | 3 | | facility. For the purposes of
this paragraph (11), "sports | 4 | | official" means a person at an athletic contest
who enforces | 5 | | the rules of the contest, such as an umpire or referee; | 6 | | "athletic facility" means an indoor or outdoor playing field | 7 | | or recreational area where sports activities are conducted;
| 8 | | and "coach" means a person recognized as a coach by the | 9 | | sanctioning
authority that conducted the sporting event. | 10 | | (12) A person may not receive a disposition of court | 11 | | supervision for a
violation of Section 5-16 of the Boat | 12 | | Registration and Safety Act if that
person has previously | 13 | | received a disposition of court supervision for a
violation of | 14 | | that Section.
| 15 | | (13) A person convicted of or placed on court supervision | 16 | | for an assault or aggravated assault when the victim and the | 17 | | offender are family or household members as defined in Section | 18 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 19 | | of domestic battery or aggravated domestic battery may be | 20 | | required to attend a Partner Abuse Intervention Program under | 21 | | protocols set forth by the Illinois Department of Human | 22 | | Services under such terms and conditions imposed by the court. | 23 | | The costs of such classes shall be paid by the offender.
| 24 | | (14) If a person is convicted of an offense while armed | 25 | | with a firearm and causes death or great bodily harm to another | 26 | | person with the firearm, the court shall impose an additional |
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| 1 | | 15-year sentence upon the person, in addition to the sentence | 2 | | imposed for the offense. | 3 | | (d) In any case in which a sentence originally imposed is | 4 | | vacated,
the case shall be remanded to the trial court. The | 5 | | trial court shall
hold a hearing under Section 5-4-1 of this | 6 | | Code
which may include evidence of the defendant's life, moral | 7 | | character and
occupation during the time since the original | 8 | | sentence was passed. The
trial court shall then impose | 9 | | sentence upon the defendant. The trial
court may impose any | 10 | | sentence which could have been imposed at the
original trial | 11 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated | 12 | | on appeal or on collateral attack due to the
failure of the | 13 | | trier of fact at trial to determine beyond a reasonable doubt
| 14 | | the
existence of a fact (other than a prior conviction) | 15 | | necessary to increase the
punishment for the offense beyond | 16 | | the statutory maximum otherwise applicable,
either the | 17 | | defendant may be re-sentenced to a term within the range | 18 | | otherwise
provided or, if the State files notice of its | 19 | | intention to again seek the
extended sentence, the defendant | 20 | | shall be afforded a new trial.
| 21 | | (e) In cases where prosecution for
aggravated criminal | 22 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 23 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 24 | | of a defendant
who was a family member of the victim at the | 25 | | time of the commission of the
offense, the court shall | 26 | | consider the safety and welfare of the victim and
may impose a |
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| 1 | | sentence of probation only where:
| 2 | | (1) the court finds (A) or (B) or both are | 3 | | appropriate:
| 4 | | (A) the defendant is willing to undergo a court | 5 | | approved counseling
program for a minimum duration of | 6 | | 2 years; or
| 7 | | (B) the defendant is willing to participate in a | 8 | | court approved plan,
including, but not limited to, | 9 | | the defendant's:
| 10 | | (i) removal from the household;
| 11 | | (ii) restricted contact with the victim;
| 12 | | (iii) continued financial support of the | 13 | | family;
| 14 | | (iv) restitution for harm done to the victim; | 15 | | and
| 16 | | (v) compliance with any other measures that | 17 | | the court may
deem appropriate; and
| 18 | | (2) the court orders the defendant to pay for the | 19 | | victim's counseling
services, to the extent that the court | 20 | | finds, after considering the
defendant's income and | 21 | | assets, that the defendant is financially capable of
| 22 | | paying for such services, if the victim was under 18 years | 23 | | of age at the
time the offense was committed and requires | 24 | | counseling as a result of the
offense.
| 25 | | Probation may be revoked or modified pursuant to Section | 26 | | 5-6-4; except
where the court determines at the hearing that |
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| 1 | | the defendant violated a
condition of his or her probation | 2 | | restricting contact with the victim or
other family members or | 3 | | commits another offense with the victim or other
family | 4 | | members, the court shall revoke the defendant's probation and
| 5 | | impose a term of imprisonment.
| 6 | | For the purposes of this Section, "family member" and | 7 | | "victim" shall have
the meanings ascribed to them in Section | 8 | | 11-0.1 of the Criminal Code of
2012.
| 9 | | (f) (Blank).
| 10 | | (g) Whenever a defendant is convicted of an offense under | 11 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 12 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 13 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 14 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 15 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012,
the defendant shall undergo medical | 17 | | testing to
determine whether the defendant has any sexually | 18 | | transmissible disease,
including a test for infection with | 19 | | human immunodeficiency virus (HIV) or
any other identified | 20 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 21 | | Any such medical test shall be performed only by appropriately
| 22 | | licensed medical practitioners and may include an analysis of | 23 | | any bodily
fluids as well as an examination of the defendant's | 24 | | person.
Except as otherwise provided by law, the results of | 25 | | such test shall be kept
strictly confidential by all medical | 26 | | personnel involved in the testing and must
be personally |
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| 1 | | delivered in a sealed envelope to the judge of the court in | 2 | | which
the conviction was entered for the judge's inspection in | 3 | | camera. Acting in
accordance with the best interests of the | 4 | | victim and the public, the judge
shall have the discretion to | 5 | | determine to whom, if anyone, the results of the
testing may be | 6 | | revealed. The court shall notify the defendant
of the test | 7 | | results. The court shall
also notify the victim if requested | 8 | | by the victim, and if the victim is under
the age of 15 and if | 9 | | requested by the victim's parents or legal guardian, the
court | 10 | | shall notify the victim's parents or legal guardian of the | 11 | | test
results.
The court shall provide information on the | 12 | | availability of HIV testing
and counseling at Department of | 13 | | Public Health facilities to all parties to
whom the results of | 14 | | the testing are revealed and shall direct the State's
Attorney | 15 | | to provide the information to the victim when possible.
The | 16 | | court shall order that the cost of any such test
shall be paid | 17 | | by the county and may be taxed as costs against the convicted
| 18 | | defendant.
| 19 | | (g-5) When an inmate is tested for an airborne | 20 | | communicable disease, as
determined by the Illinois Department | 21 | | of Public Health, including, but not
limited to, tuberculosis, | 22 | | the results of the test shall be
personally delivered by the | 23 | | warden or his or her designee in a sealed envelope
to the judge | 24 | | of the court in which the inmate must appear for the judge's
| 25 | | inspection in camera if requested by the judge. Acting in | 26 | | accordance with the
best interests of those in the courtroom, |
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| 1 | | the judge shall have the discretion
to determine what if any | 2 | | precautions need to be taken to prevent transmission
of the | 3 | | disease in the courtroom.
| 4 | | (h) Whenever a defendant is convicted of an offense under | 5 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 6 | | defendant shall undergo
medical testing to determine whether | 7 | | the defendant has been exposed to human
immunodeficiency virus | 8 | | (HIV) or any other identified causative agent of
acquired | 9 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 10 | | by
law, the results of such test shall be kept strictly | 11 | | confidential by all
medical personnel involved in the testing | 12 | | and must be personally delivered in a
sealed envelope to the | 13 | | judge of the court in which the conviction was entered
for the | 14 | | judge's inspection in camera. Acting in accordance with the | 15 | | best
interests of the public, the judge shall have the | 16 | | discretion to determine to
whom, if anyone, the results of the | 17 | | testing may be revealed. The court shall
notify the defendant | 18 | | of a positive test showing an infection with the human
| 19 | | immunodeficiency virus (HIV). The court shall provide | 20 | | information on the
availability of HIV testing and counseling | 21 | | at Department of Public Health
facilities to all parties to | 22 | | whom the results of the testing are revealed and
shall direct | 23 | | the State's Attorney to provide the information to the victim | 24 | | when
possible. The court shall order that the cost of any
such | 25 | | test shall be paid by the county and may be taxed as costs | 26 | | against the
convicted defendant.
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| 1 | | (i) All fines and penalties imposed under this Section for | 2 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 3 | | Vehicle Code, or a similar
provision of a local ordinance, and | 4 | | any violation
of the Child Passenger Protection Act, or a | 5 | | similar provision of a local
ordinance, shall be collected and | 6 | | disbursed by the circuit
clerk as provided under the Criminal | 7 | | and Traffic Assessment Act.
| 8 | | (j) In cases when prosecution for any violation of Section | 9 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 10 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 11 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 12 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 13 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 14 | | Code of 2012, any violation of the Illinois Controlled | 15 | | Substances Act,
any violation of the Cannabis Control Act, or | 16 | | any violation of the Methamphetamine Control and Community | 17 | | Protection Act results in conviction, a
disposition of court | 18 | | supervision, or an order of probation granted under
Section 10 | 19 | | of the Cannabis Control Act, Section 410 of the Illinois
| 20 | | Controlled Substances Act, or Section 70 of the | 21 | | Methamphetamine Control and Community Protection Act of a | 22 | | defendant, the court shall determine whether the
defendant is | 23 | | employed by a facility or center as defined under the Child | 24 | | Care
Act of 1969, a public or private elementary or secondary | 25 | | school, or otherwise
works with children under 18 years of age | 26 | | on a daily basis. When a defendant
is so employed, the court |
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| 1 | | shall order the Clerk of the Court to send a copy of
the | 2 | | judgment of conviction or order of supervision or probation to | 3 | | the
defendant's employer by certified mail.
If the employer of | 4 | | the defendant is a school, the Clerk of the Court shall
direct | 5 | | the mailing of a copy of the judgment of conviction or order of
| 6 | | supervision or probation to the appropriate regional | 7 | | superintendent of schools.
The regional superintendent of | 8 | | schools shall notify the State Board of
Education of any | 9 | | notification under this subsection.
| 10 | | (j-5) A defendant at least 17 years of age who is convicted | 11 | | of a felony and
who has not been previously convicted of a | 12 | | misdemeanor or felony and who is
sentenced to a term of | 13 | | imprisonment in the Illinois Department of Corrections
shall | 14 | | as a condition of his or her sentence be required by the court | 15 | | to attend
educational courses designed to prepare the | 16 | | defendant for a high school diploma
and to work toward a high | 17 | | school diploma or to work toward passing high school | 18 | | equivalency testing or to work toward
completing a vocational | 19 | | training program offered by the Department of
Corrections. If | 20 | | a defendant fails to complete the educational training
| 21 | | required by his or her sentence during the term of | 22 | | incarceration, the Prisoner
Review Board shall, as a condition | 23 | | of mandatory supervised release, require the
defendant, at his | 24 | | or her own expense, to pursue a course of study toward a high
| 25 | | school diploma or passage of high school equivalency testing. | 26 | | The Prisoner Review Board shall
revoke the mandatory |
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| 1 | | supervised release of a defendant who wilfully fails to
comply | 2 | | with this subsection (j-5) upon his or her release from | 3 | | confinement in a
penal institution while serving a mandatory | 4 | | supervised release term; however,
the inability of the | 5 | | defendant after making a good faith effort to obtain
financial | 6 | | aid or pay for the educational training shall not be deemed a | 7 | | wilful
failure to comply. The Prisoner Review Board shall | 8 | | recommit the defendant
whose mandatory supervised release term | 9 | | has been revoked under this subsection
(j-5) as provided in | 10 | | Section 3-3-9. This subsection (j-5) does not apply to a
| 11 | | defendant who has a high school diploma or has successfully | 12 | | passed high school equivalency testing. This subsection (j-5) | 13 | | does not apply to a defendant who is determined by
the court to | 14 | | be a person with a developmental disability or otherwise | 15 | | mentally incapable of
completing the educational or vocational | 16 | | program.
| 17 | | (k) (Blank).
| 18 | | (l) (A) Except as provided
in paragraph (C) of subsection | 19 | | (l), whenever a defendant,
who is not a citizen or national of | 20 | | the United States, is convicted
of any felony or misdemeanor | 21 | | offense, the court after sentencing the defendant
may, upon | 22 | | motion of the State's Attorney, hold sentence in abeyance and | 23 | | remand
the defendant to the custody of the Attorney General of
| 24 | | the United States or his or her designated agent to be deported | 25 | | 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 | 24 | | are subject to the
provisions of paragraph (2) of subsection | 25 | | (a) of 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 | 2 | | the 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
| 9 | | Section 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 | 3 | | of license renewal established by the Secretary of State.
| 4 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | 5 | | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 6 | | 5-27-22.)
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