Full Text of SB3090 096th General Assembly
SB3090enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 110-6.2 as follows:
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| (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
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| Sec. 110-6.2. Post-conviction Detention. (a) The court may | 8 |
| shall order
that a person who has been found guilty of an | 9 |
| offense and who is waiting
imposition or execution of sentence | 10 |
| be held without bond unless the court finds by
clear and | 11 |
| convincing evidence that the person is not likely to flee or | 12 |
| pose
a danger to any other person or the community if released | 13 |
| under Sections
110-5 and 110-10 of this Act.
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| (b) The court may shall order that person who has been | 15 |
| found guilty of an
offense and sentenced to a term of | 16 |
| imprisonment shall be held without bond
unless the court finds | 17 |
| by clear and convincing evidence that:
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| (1) the person is not likely to
flee or pose a danger to | 19 |
| the safety of any other person or the community if
released on | 20 |
| bond pending appeal; and
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| (2) that the appeal is not for purpose of delay and raises | 22 |
| a substantial
question of law or fact likely to result in | 23 |
| reversal or an order for a new trial.
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| (Source: P.A. 86-984.)
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| (725 ILCS 5/122-8 rep.) | 3 |
| Section 3. The Code of Criminal Procedure of 1963 is | 4 |
| amended by repealing Section 122-8. | 5 |
| Section 5. The Unified Code of Corrections is amended by | 6 |
| changing Sections 3-6-3, 5-5-3, 5-5-3.2, 5-6-4, 5-8-1, 5-8-2, | 7 |
| 5-8-4, and 5-9-1.3 as follows:
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| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| Sec. 3-6-3. Rules and Regulations for Early Release.
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| (a) (1) The Department of Corrections shall prescribe | 11 |
| rules
and regulations for the early release on account of | 12 |
| good
conduct of persons committed to the Department which | 13 |
| shall
be subject to review by the Prisoner Review Board.
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| (2) The rules and regulations on early release shall | 15 |
| provide, with
respect to offenses listed in clause (i), | 16 |
| (ii), or (iii) of this paragraph (2) committed on or after | 17 |
| June 19, 1998 or with respect to the offense listed in | 18 |
| clause (iv) of this paragraph (2) committed on or after | 19 |
| June 23, 2005 (the effective date of Public Act 94-71) or | 20 |
| with
respect to offense listed in clause (vi)
committed on | 21 |
| or after June 1, 2008 (the effective date of Public Act | 22 |
| 95-625)
or with respect to the offense of being an armed | 23 |
| habitual criminal committed on or after August 2, 2005 (the |
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| effective date of Public Act 94-398) or with respect to the | 2 |
| offenses listed in clause (v) of this paragraph (2) | 3 |
| committed on or after August 13, 2007 (the effective date | 4 |
| of Public Act 95-134), the following:
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| (i) that a prisoner who is serving a term of | 6 |
| imprisonment for first
degree murder or for the offense | 7 |
| of terrorism shall receive no good conduct
credit and | 8 |
| shall serve the entire
sentence imposed by the court;
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| (ii) that a prisoner serving a sentence for attempt | 10 |
| to commit first
degree murder, solicitation of murder, | 11 |
| solicitation of murder for hire,
intentional homicide | 12 |
| of an unborn child, predatory criminal sexual assault | 13 |
| of a
child, aggravated criminal sexual assault, | 14 |
| criminal sexual assault, aggravated
kidnapping, | 15 |
| aggravated battery with a firearm, heinous battery, | 16 |
| being an armed habitual criminal, aggravated
battery | 17 |
| of a senior citizen, or aggravated battery of a child | 18 |
| shall receive no
more than 4.5 days of good conduct | 19 |
| credit for each month of his or her sentence
of | 20 |
| imprisonment;
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| (iii) that a prisoner serving a sentence
for home | 22 |
| invasion, armed robbery, aggravated vehicular | 23 |
| hijacking,
aggravated discharge of a firearm, or armed | 24 |
| violence with a category I weapon
or category II | 25 |
| weapon, when the court
has made and entered a finding, | 26 |
| pursuant to subsection (c-1) of Section 5-4-1
of this |
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| Code, that the conduct leading to conviction for the | 2 |
| enumerated offense
resulted in great bodily harm to a | 3 |
| victim, shall receive no more than 4.5 days
of good | 4 |
| conduct credit for each month of his or her sentence of | 5 |
| imprisonment;
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| (iv) that a prisoner serving a sentence for | 7 |
| aggravated discharge of a firearm, whether or not the | 8 |
| conduct leading to conviction for the offense resulted | 9 |
| in great bodily harm to the victim, shall receive no | 10 |
| more than 4.5 days of good conduct credit for each | 11 |
| month of his or her sentence of imprisonment;
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| (v) that a person serving a sentence for | 13 |
| gunrunning, narcotics racketeering, controlled | 14 |
| substance trafficking, methamphetamine trafficking, | 15 |
| drug-induced homicide, aggravated | 16 |
| methamphetamine-related child endangerment, money | 17 |
| laundering pursuant to clause (c) (4) or (5) of Section | 18 |
| 29B-1 of the Criminal Code of 1961, or a Class X felony | 19 |
| conviction for delivery of a controlled substance, | 20 |
| possession of a controlled substance with intent to | 21 |
| manufacture or deliver, calculated criminal drug | 22 |
| conspiracy, criminal drug conspiracy, street gang | 23 |
| criminal drug conspiracy, participation in | 24 |
| methamphetamine manufacturing, aggravated | 25 |
| participation in methamphetamine manufacturing, | 26 |
| delivery of methamphetamine, possession with intent to |
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| deliver methamphetamine, aggravated delivery of | 2 |
| methamphetamine, aggravated possession with intent to | 3 |
| deliver methamphetamine, methamphetamine conspiracy | 4 |
| when the substance containing the controlled substance | 5 |
| or methamphetamine is 100 grams or more shall receive | 6 |
| no more than 7.5 days good conduct credit for each | 7 |
| month of his or her sentence of imprisonment; and
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| (vi)
that a prisoner serving a sentence for a | 9 |
| second or subsequent offense of luring a minor shall | 10 |
| receive no more than 4.5 days of good conduct credit | 11 |
| for each month of his or her sentence of imprisonment.
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| (2.1) For all offenses, other than those enumerated in | 13 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 14 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 15 |
| after June 23, 2005 (the effective date of Public Act | 16 |
| 94-71) or subdivision (a)(2)(v) committed on or after | 17 |
| August 13, 2007 (the effective date of Public Act 95-134)
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| or subdivision (a)(2)(vi) committed on or after June 1, | 19 |
| 2008 (the effective date of Public Act 95-625), and other | 20 |
| than the offense of reckless
homicide as defined in | 21 |
| subsection (e) of Section 9-3 of the Criminal Code of
1961 | 22 |
| committed on or after January 1, 1999,
or aggravated | 23 |
| driving under the influence of alcohol, other drug or | 24 |
| drugs, or
intoxicating compound or compounds, or any | 25 |
| combination thereof as defined in
subparagraph (F) of | 26 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code,
the rules and regulations shall
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| provide that a prisoner who is serving a term of
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| imprisonment shall receive one day of good conduct credit | 4 |
| for each day of
his or her sentence of imprisonment or | 5 |
| recommitment under Section 3-3-9.
Each day of good conduct | 6 |
| credit shall reduce by one day the prisoner's period
of | 7 |
| imprisonment or recommitment under Section 3-3-9.
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| (2.2) A prisoner serving a term of natural life | 9 |
| imprisonment or a
prisoner who has been sentenced to death | 10 |
| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall | 12 |
| provide that
a prisoner who is serving a sentence for | 13 |
| reckless homicide as defined in
subsection (e) of Section | 14 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 15 |
| January 1, 1999, or aggravated driving under the influence | 16 |
| of alcohol,
other drug or drugs, or intoxicating compound | 17 |
| or compounds, or any combination
thereof as defined in | 18 |
| subparagraph (F) of paragraph (1) of subsection (d) of
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| Section 11-501 of the Illinois Vehicle Code, shall receive | 20 |
| no more than 4.5
days of good conduct credit for each month | 21 |
| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall | 23 |
| provide with
respect to the offenses of aggravated battery | 24 |
| with a machine gun or a firearm
equipped with any device or | 25 |
| attachment designed or used for silencing the
report of a | 26 |
| firearm or aggravated discharge of a machine gun or a |
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| firearm
equipped with any device or attachment designed or | 2 |
| used for silencing the
report of a firearm, committed on or | 3 |
| after
July 15, 1999 (the effective date of Public Act | 4 |
| 91-121),
that a prisoner serving a sentence for any of | 5 |
| these offenses shall receive no
more than 4.5 days of good | 6 |
| conduct credit for each month of his or her sentence
of | 7 |
| imprisonment.
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| (2.5) The rules and regulations on early release shall | 9 |
| provide that a
prisoner who is serving a sentence for | 10 |
| aggravated arson committed on or after
July 27, 2001 (the | 11 |
| effective date of Public Act 92-176) shall receive no more | 12 |
| than
4.5 days of good conduct credit for each month of his | 13 |
| or her sentence of
imprisonment.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good | 16 |
| conduct
credit for meritorious service in specific | 17 |
| instances as the
Director deems proper; except that no more | 18 |
| than 90 days
of good conduct credit for meritorious service
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| shall be awarded to any prisoner who is serving a sentence | 20 |
| for
conviction of first degree murder, reckless homicide | 21 |
| while under the
influence of alcohol or any other drug,
or | 22 |
| aggravated driving under the influence of alcohol, other | 23 |
| drug or drugs, or
intoxicating compound or compounds, or | 24 |
| any combination thereof as defined in
subparagraph (F) of | 25 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| predatory criminal sexual assault of a child,
aggravated | 2 |
| criminal sexual assault, criminal sexual assault, deviate | 3 |
| sexual
assault, aggravated criminal sexual abuse, | 4 |
| aggravated indecent liberties
with a child, indecent | 5 |
| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated | 7 |
| battery of a spouse
with a firearm, stalking, aggravated | 8 |
| stalking, aggravated battery of a child,
endangering the | 9 |
| life or health of a child, or cruelty to a child. | 10 |
| Notwithstanding the foregoing, good conduct credit for
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| meritorious service shall not be awarded on a
sentence of | 12 |
| imprisonment imposed for conviction of: (i) one of the | 13 |
| offenses
enumerated in subdivision (a)(2)(i), (ii), or | 14 |
| (iii) when the offense is committed on or after
June 19, | 15 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 16 |
| committed on or after June 23, 2005 (the effective date of | 17 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense | 18 |
| is committed on or after August 13, 2007 (the effective | 19 |
| date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 20 |
| the offense is committed on or after June 1, 2008 (the | 21 |
| effective date of Public Act 95-625), (ii) reckless | 22 |
| homicide as
defined in subsection (e) of Section 9-3 of the | 23 |
| Criminal Code of 1961 when
the offense is committed on or | 24 |
| after January 1, 1999,
or aggravated driving under the | 25 |
| influence of alcohol, other drug or drugs, or
intoxicating | 26 |
| compound or compounds, or any combination thereof as |
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| defined in
subparagraph (F) of paragraph (1) of subsection | 2 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | 3 |
| one of the offenses enumerated in subdivision
(a)(2.4) when | 4 |
| the offense is committed on or after
July 15, 1999 (the | 5 |
| effective date of Public Act 91-121),
or (iv) aggravated | 6 |
| arson when the offense is committed
on or after July 27, | 7 |
| 2001 (the effective date of Public Act 92-176).
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| The Director shall not award good conduct credit for | 9 |
| meritorious service under this paragraph (3) to an inmate | 10 |
| unless the inmate has served a minimum of 60 days of the | 11 |
| sentence; except nothing in this paragraph shall be | 12 |
| construed to permit the Director to extend an inmate's | 13 |
| sentence beyond that which was imposed by the court. Prior | 14 |
| to awarding credit under this paragraph (3), the Director | 15 |
| shall make a written determination that the inmate: | 16 |
| (A) is eligible for good conduct credit for | 17 |
| meritorious service; | 18 |
| (B) has served a minimum of 60 days, or as close to | 19 |
| 60 days as the sentence will allow; and | 20 |
| (C) has met the eligibility criteria established | 21 |
| by rule. | 22 |
| The Director shall determine the form and content of | 23 |
| the written determination required in this subsection.
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| (4) The rules and regulations shall also provide that | 25 |
| the good conduct
credit accumulated and retained under | 26 |
| paragraph (2.1) of subsection (a) of
this Section by any |
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| inmate during specific periods of time in which such
inmate | 2 |
| is engaged full-time in substance abuse programs, | 3 |
| correctional
industry assignments, or educational programs | 4 |
| provided by the Department
under this paragraph (4) and | 5 |
| satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be | 7 |
| multiplied by a factor
of 1.25 for program participation | 8 |
| before August 11, 1993
and 1.50 for program participation | 9 |
| on or after that date.
However, no inmate shall be eligible | 10 |
| for the additional good conduct credit
under this paragraph | 11 |
| (4) or (4.1) of this subsection (a) while assigned to a | 12 |
| boot camp
or electronic detention, or if convicted of an | 13 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 14 |
| (iii) of this Section that is committed on or after June | 15 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 16 |
| committed on or after June 23, 2005 (the effective date of | 17 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 18 |
| that is committed on or after August 13, 2007 (the | 19 |
| effective date of Public Act 95-134)
or subdivision | 20 |
| (a)(2)(vi) when the offense is committed on or after June | 21 |
| 1, 2008 (the effective date of Public Act 95-625), or if | 22 |
| convicted of reckless homicide as defined in subsection (e) | 23 |
| of
Section 9-3 of the Criminal Code of 1961 if the offense | 24 |
| is committed on or
after January 1, 1999,
or aggravated | 25 |
| driving under the influence of alcohol, other drug or | 26 |
| drugs, or
intoxicating compound or compounds, or any |
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| combination thereof as defined in
subparagraph (F) of | 2 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, or if convicted of an offense | 4 |
| enumerated in paragraph
(a)(2.4) of this Section that is | 5 |
| committed on or after
July 15, 1999 (the effective date of | 6 |
| Public Act 91-121),
or first degree murder, a Class X | 7 |
| felony, criminal sexual
assault, felony criminal sexual | 8 |
| abuse, aggravated criminal sexual abuse,
aggravated | 9 |
| battery with a firearm, or any predecessor or successor | 10 |
| offenses
with the same or substantially the same elements, | 11 |
| or any inchoate offenses
relating to the foregoing | 12 |
| offenses. No inmate shall be eligible for the
additional | 13 |
| good conduct credit under this paragraph (4) who (i) has | 14 |
| previously
received increased good conduct credit under | 15 |
| this paragraph (4) and has
subsequently been convicted of a
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| felony, or (ii) has previously served more than one prior | 17 |
| sentence of
imprisonment for a felony in an adult | 18 |
| correctional facility.
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| Educational, vocational, substance abuse and | 20 |
| correctional
industry programs under which good conduct | 21 |
| credit may be increased under
this paragraph (4) and | 22 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 23 |
| by the Department on the basis of
documented standards. The | 24 |
| Department shall report the results of these
evaluations to | 25 |
| the Governor and the General Assembly by September 30th of | 26 |
| each
year. The reports shall include data relating to the |
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| recidivism rate among
program participants.
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| Availability of these programs shall be subject to the
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| limits of fiscal resources appropriated by the General | 4 |
| Assembly for these
purposes. Eligible inmates who are | 5 |
| denied immediate admission shall be
placed on a waiting | 6 |
| list under criteria established by the Department.
The | 7 |
| inability of any inmate to become engaged in any such | 8 |
| programs
by reason of insufficient program resources or for | 9 |
| any other reason
established under the rules and | 10 |
| regulations of the Department shall not be
deemed a cause | 11 |
| of action under which the Department or any employee or
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| agent of the Department shall be liable for damages to the | 13 |
| inmate.
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| (4.1) The rules and regulations shall also provide that | 15 |
| an additional 60 days of good conduct credit shall be | 16 |
| awarded to any prisoner who passes the high school level | 17 |
| Test of General Educational Development (GED) while the | 18 |
| prisoner is incarcerated. The good conduct credit awarded | 19 |
| under this paragraph (4.1) shall be in addition to, and | 20 |
| shall not affect, the award of good conduct under any other | 21 |
| paragraph of this Section, but shall also be pursuant to | 22 |
| the guidelines and restrictions set forth in paragraph (4) | 23 |
| of subsection (a) of this Section.
The good conduct credit | 24 |
| provided for in this paragraph shall be available only to | 25 |
| those prisoners who have not previously earned a high | 26 |
| school diploma or a GED. If, after an award of the GED good |
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| conduct credit has been made and the Department determines | 2 |
| that the prisoner was not eligible, then the award shall be | 3 |
| revoked.
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| (4.5) The rules and regulations on early release shall | 5 |
| also provide that
when the court's sentencing order | 6 |
| recommends a prisoner for substance abuse treatment and the
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| crime was committed on or after September 1, 2003 (the | 8 |
| effective date of
Public Act 93-354), the prisoner shall | 9 |
| receive no good conduct credit awarded under clause (3) of | 10 |
| this subsection (a) unless he or she participates in and
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| completes a substance abuse treatment program. The | 12 |
| Director may waive the requirement to participate in or | 13 |
| complete a substance abuse treatment program and award the | 14 |
| good conduct credit in specific instances if the prisoner | 15 |
| is not a good candidate for a substance abuse treatment | 16 |
| program for medical, programming, or operational reasons. | 17 |
| Availability of
substance abuse treatment shall be subject | 18 |
| to the limits of fiscal resources
appropriated by the | 19 |
| General Assembly for these purposes. If treatment is not
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| available and the requirement to participate and complete | 21 |
| the treatment has not been waived by the Director, the | 22 |
| prisoner shall be placed on a waiting list under criteria
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| established by the Department. The Director may allow a | 24 |
| prisoner placed on
a waiting list to participate in and | 25 |
| complete a substance abuse education class or attend | 26 |
| substance
abuse self-help meetings in lieu of a substance |
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| abuse treatment program. A prisoner on a waiting list who | 2 |
| is not placed in a substance abuse program prior to release | 3 |
| may be eligible for a waiver and receive good conduct | 4 |
| credit under clause (3) of this subsection (a) at the | 5 |
| discretion of the Director.
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| (4.6) The rules and regulations on early release shall | 7 |
| also provide that a prisoner who has been convicted of a | 8 |
| sex offense as defined in Section 2 of the Sex Offender | 9 |
| Registration Act shall receive no good conduct credit | 10 |
| unless he or she either has successfully completed or is | 11 |
| participating in sex offender treatment as defined by the | 12 |
| Sex Offender Management Board. However, prisoners who are | 13 |
| waiting to receive such treatment, but who are unable to do | 14 |
| so due solely to the lack of resources on the part of the | 15 |
| Department, may, at the Director's sole discretion, be | 16 |
| awarded good conduct credit at such rate as the Director | 17 |
| shall determine.
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| (5) Whenever the Department is to release any inmate | 19 |
| earlier than it
otherwise would because of a grant of good | 20 |
| conduct credit for meritorious
service given at any time | 21 |
| during the term, the Department shall give
reasonable | 22 |
| notice of the impending release not less than 14 days prior | 23 |
| to the date of the release to the State's
Attorney of the | 24 |
| county where the prosecution of the inmate took place, and | 25 |
| if applicable, the State's Attorney of the county into | 26 |
| which the inmate will be released.
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| (b) Whenever a person is or has been committed under
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| several convictions, with separate sentences, the sentences
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| shall be construed under Section 5-8-4 in granting and
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| forfeiting of good time.
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| (c) The Department shall prescribe rules and regulations
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| for revoking good conduct credit, or suspending or reducing
the | 7 |
| rate of accumulation of good conduct credit for specific
rule | 8 |
| violations, during imprisonment. These rules and regulations
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| shall provide that no inmate may be penalized more than one
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| year of good conduct credit for any one infraction.
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| When the Department seeks to revoke, suspend or reduce
the | 12 |
| rate of accumulation of any good conduct credits for
an alleged | 13 |
| infraction of its rules, it shall bring charges
therefor | 14 |
| against the prisoner sought to be so deprived of
good conduct | 15 |
| credits before the Prisoner Review Board as
provided in | 16 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 17 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 18 |
| month period, the cumulative amount of
credit revoked exceeds | 19 |
| 30 days except where the infraction is committed
or discovered | 20 |
| within 60 days of scheduled release. In those cases,
the | 21 |
| Department of Corrections may revoke up to 30 days of good | 22 |
| conduct credit.
The Board may subsequently approve the | 23 |
| revocation of additional good
conduct credit, if the Department | 24 |
| seeks to revoke good conduct credit in
excess of 30 days. | 25 |
| However, the Board shall not be empowered to review the
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| Department's decision with respect to the loss of 30 days of |
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| good conduct
credit within any calendar year for any prisoner | 2 |
| or to increase any penalty
beyond the length requested by the | 3 |
| Department.
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| The Director of the Department of Corrections, in | 5 |
| appropriate cases, may
restore up to 30 days good conduct | 6 |
| credits which have been revoked, suspended
or reduced. Any | 7 |
| restoration of good conduct credits in excess of 30 days shall
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| be subject to review by the Prisoner Review Board. However, the | 9 |
| Board may not
restore good conduct credit in excess of the | 10 |
| amount requested by the Director.
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| Nothing contained in this Section shall prohibit the | 12 |
| Prisoner Review Board
from ordering, pursuant to Section | 13 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 14 |
| sentence imposed by the court that was not served due to the
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| accumulation of good conduct credit.
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| (d) If a lawsuit is filed by a prisoner in an Illinois or | 17 |
| federal court
against the State, the Department of Corrections, | 18 |
| or the Prisoner Review Board,
or against any of
their officers | 19 |
| or employees, and the court makes a specific finding that a
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| pleading, motion, or other paper filed by the prisoner is | 21 |
| frivolous, the
Department of Corrections shall conduct a | 22 |
| hearing to revoke up to
180 days of good conduct credit by | 23 |
| bringing charges against the prisoner
sought to be deprived of | 24 |
| the good conduct credits before the Prisoner Review
Board as | 25 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 26 |
| If the prisoner has not accumulated 180 days of good conduct |
|
|
|
SB3090 Enrolled |
- 17 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| credit at the
time of the finding, then the Prisoner Review | 2 |
| Board may revoke all
good conduct credit accumulated by the | 3 |
| prisoner.
| 4 |
| For purposes of this subsection (d):
| 5 |
| (1) "Frivolous" means that a pleading, motion, or other | 6 |
| filing which
purports to be a legal document filed by a | 7 |
| prisoner in his or her lawsuit meets
any or all of the | 8 |
| following criteria:
| 9 |
| (A) it lacks an arguable basis either in law or in | 10 |
| fact;
| 11 |
| (B) it is being presented for any improper purpose, | 12 |
| such as to harass or
to cause unnecessary delay or | 13 |
| needless increase in the cost of litigation;
| 14 |
| (C) the claims, defenses, and other legal | 15 |
| contentions therein are not
warranted by existing law | 16 |
| or by a nonfrivolous argument for the extension,
| 17 |
| modification, or reversal of existing law or the | 18 |
| establishment of new law;
| 19 |
| (D) the allegations and other factual contentions | 20 |
| do not have
evidentiary
support or, if specifically so | 21 |
| identified, are not likely to have evidentiary
support | 22 |
| after a reasonable opportunity for further | 23 |
| investigation or discovery;
or
| 24 |
| (E) the denials of factual contentions are not | 25 |
| warranted on the
evidence, or if specifically so | 26 |
| identified, are not reasonably based on a lack
of |
|
|
|
SB3090 Enrolled |
- 18 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| information or belief.
| 2 |
| (2) "Lawsuit" means a motion pursuant to Section
116-3 | 3 |
| of the Code of Criminal Procedure of 1963, a habeas corpus | 4 |
| action under
Article X of the Code of Civil Procedure or | 5 |
| under federal law (28 U.S.C. 2254),
a petition for claim | 6 |
| under the Court of Claims Act, an action under the
federal | 7 |
| Civil Rights Act (42 U.S.C. 1983), or a second or | 8 |
| subsequent petition for post-conviction relief under | 9 |
| Article 122 of the Code of Criminal Procedure of 1963 | 10 |
| whether filed with or without leave of court or a second or | 11 |
| subsequent petition for relief from judgment under Section | 12 |
| 2-1401 of the Code of Civil Procedure.
| 13 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 14 |
| validity of Public Act 89-404.
| 15 |
| (f) Whenever the Department is to release any inmate who | 16 |
| has been convicted of a violation of an order of protection | 17 |
| under Section 12-30 of the Criminal Code of 1961, earlier than | 18 |
| it
otherwise would because of a grant of good conduct credit, | 19 |
| the Department, as a condition of such early release, shall | 20 |
| require that the person, upon release, be placed under | 21 |
| electronic surveillance as provided in Section 5-8A-7 of this | 22 |
| Code. | 23 |
| (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; | 24 |
| 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 25 |
| 95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)
|
|
|
|
SB3090 Enrolled |
- 19 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 2 |
| Sec. 5-5-3. Disposition.
| 3 |
| (a) (Blank).
| 4 |
| (b) (Blank).
| 5 |
| (c) (1) (Blank).
| 6 |
| (2) A period of probation, a term of periodic | 7 |
| imprisonment or
conditional discharge shall not be imposed | 8 |
| for the following offenses.
The court shall sentence the | 9 |
| offender to not less than the minimum term
of imprisonment | 10 |
| set forth in this Code for the following offenses, and
may | 11 |
| order a fine or restitution or both in conjunction with | 12 |
| such term of
imprisonment:
| 13 |
| (A) First degree murder where the death penalty is | 14 |
| not imposed.
| 15 |
| (B) Attempted first degree murder.
| 16 |
| (C) A Class X felony.
| 17 |
| (D) A violation of Section 401.1 or 407 of the
| 18 |
| Illinois Controlled Substances Act, or a violation of | 19 |
| subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | 20 |
| of that Act which relates to more than 5 grams of a | 21 |
| substance
containing heroin, cocaine, fentanyl, or an | 22 |
| analog thereof.
| 23 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 24 |
| Control
Act.
| 25 |
| (F) A Class 2 or greater felony if the offender had | 26 |
| been convicted
of a Class 2 or greater felony, |
|
|
|
SB3090 Enrolled |
- 20 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| including any state or federal conviction for an | 2 |
| offense that contained, at the time it was committed, | 3 |
| the same elements as an offense now (the date of the | 4 |
| offense committed after the prior Class 2 or greater | 5 |
| felony) classified as a Class 2 or greater felony, | 6 |
| within 10 years of the date on which the
offender
| 7 |
| committed the offense for which he or she is being | 8 |
| sentenced, except as
otherwise provided in Section | 9 |
| 40-10 of the Alcoholism and Other Drug Abuse and
| 10 |
| Dependency Act.
| 11 |
| (F-5) A violation of Section 24-1, 24-1.1, or | 12 |
| 24-1.6 of the Criminal Code of 1961 for which | 13 |
| imprisonment is prescribed in those Sections.
| 14 |
| (G) Residential burglary, except as otherwise | 15 |
| provided in Section 40-10
of the Alcoholism and Other | 16 |
| Drug Abuse and Dependency Act.
| 17 |
| (H) Criminal sexual assault.
| 18 |
| (I) Aggravated battery of a senior citizen.
| 19 |
| (J) A forcible felony if the offense was related to | 20 |
| the activities of an
organized gang.
| 21 |
| Before July 1, 1994, for the purposes of this | 22 |
| paragraph, "organized
gang" means an association of 5 | 23 |
| or more persons, with an established hierarchy,
that | 24 |
| encourages members of the association to perpetrate | 25 |
| crimes or provides
support to the members of the | 26 |
| association who do commit crimes.
|
|
|
|
SB3090 Enrolled |
- 21 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| Beginning July 1, 1994, for the purposes of this | 2 |
| paragraph,
"organized gang" has the meaning ascribed | 3 |
| to it in Section 10 of the Illinois
Streetgang | 4 |
| Terrorism Omnibus Prevention Act.
| 5 |
| (K) Vehicular hijacking.
| 6 |
| (L) A second or subsequent conviction for the | 7 |
| offense of hate crime
when the underlying offense upon | 8 |
| which the hate crime is based is felony
aggravated
| 9 |
| assault or felony mob action.
| 10 |
| (M) A second or subsequent conviction for the | 11 |
| offense of institutional
vandalism if the damage to the | 12 |
| property 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 of the Criminal | 17 |
| Code of 1961.
| 18 |
| (P) A violation of paragraph (1), (2), (3), (4), | 19 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 20 |
| Criminal Code of 1961.
| 21 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 22 |
| Criminal Code of
1961.
| 23 |
| (R) A violation of Section 24-3A of the Criminal | 24 |
| Code of
1961.
| 25 |
| (S) (Blank).
| 26 |
| (T) A second or subsequent violation of the |
|
|
|
SB3090 Enrolled |
- 22 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| Methamphetamine Control and Community Protection Act.
| 2 |
| (U) A second or subsequent violation of Section | 3 |
| 6-303 of the Illinois Vehicle Code committed while his | 4 |
| or her driver's license, permit, or privilege was | 5 |
| revoked because of a violation of Section 9-3 of the | 6 |
| Criminal Code of 1961, 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) | 10 |
| of Section 11-20.3 of the Criminal Code of 1961. | 11 |
| (W) A violation of Section 24-3.5 of the Criminal | 12 |
| Code of 1961.
| 13 |
| (X) A violation of subsection (a) of Section 31-1a | 14 |
| of the Criminal Code of 1961. | 15 |
| (Y) A conviction for unlawful possession of a | 16 |
| firearm by a street gang member when the firearm was | 17 |
| loaded or contained firearm ammunition. | 18 |
| (Z) A Class 1 felony committed while he or she was | 19 |
| serving a term of probation or conditional discharge | 20 |
| for a felony. | 21 |
| (AA) Theft of property exceeding $500,000 and not | 22 |
| exceeding $1,000,000 in value. | 23 |
| (BB) Laundering of criminally derived property of | 24 |
| a value exceeding
$500,000. | 25 |
| (CC) Knowingly selling, offering for sale, holding | 26 |
| for sale, or using 2,000 or more counterfeit items or |
|
|
|
SB3090 Enrolled |
- 23 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| counterfeit items having a retail value in the | 2 |
| aggregate of $500,000 or more.
| 3 |
| (3) (Blank).
| 4 |
| (4) A minimum term of imprisonment of not less than 10
| 5 |
| consecutive days or 30 days of community service shall be | 6 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 7 |
| of the Illinois Vehicle Code.
| 8 |
| (4.1) (Blank).
| 9 |
| (4.2) Except as provided in paragraphs (4.3) and (4.8) | 10 |
| of this subsection (c), a
minimum of
100 hours of community | 11 |
| service shall be imposed for a second violation of
Section | 12 |
| 6-303
of the Illinois Vehicle Code.
| 13 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 14 |
| hours of community
service, as determined by the court, | 15 |
| shall
be imposed for a second violation of subsection (c) | 16 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 17 |
| (4.4) Except as provided in paragraphs
(4.5), (4.6), | 18 |
| and (4.9) of this
subsection (c), a
minimum term of | 19 |
| imprisonment of 30 days or 300 hours of community service, | 20 |
| as
determined by the court, shall
be imposed
for a third or | 21 |
| subsequent violation of Section 6-303 of the Illinois | 22 |
| Vehicle
Code.
| 23 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 24 |
| be imposed for a third violation of subsection (c) of
| 25 |
| Section 6-303 of the Illinois Vehicle Code.
| 26 |
| (4.6) Except as provided in paragraph (4.10) of this |
|
|
|
SB3090 Enrolled |
- 24 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| subsection (c), a minimum term of imprisonment of 180 days | 2 |
| shall be imposed for a
fourth or subsequent violation of | 3 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 4 |
| Code.
| 5 |
| (4.7) A minimum term of imprisonment of not less than | 6 |
| 30 consecutive days, or 300 hours of community service, | 7 |
| shall be imposed for a violation of subsection (a-5) of | 8 |
| Section 6-303 of the Illinois Vehicle Code, as provided in | 9 |
| subsection (b-5) of that Section.
| 10 |
| (4.8) A mandatory prison sentence shall be imposed for | 11 |
| a second violation of subsection (a-5) of Section 6-303 of | 12 |
| the Illinois Vehicle Code, as provided in subsection (c-5) | 13 |
| of that Section. The person's driving privileges shall be | 14 |
| revoked for a period of not less than 5 years from the date | 15 |
| of his or her release from prison.
| 16 |
| (4.9) A mandatory prison sentence of not less than 4 | 17 |
| and not more than 15 years shall be imposed for a third | 18 |
| violation of subsection (a-5) of Section 6-303 of the | 19 |
| Illinois Vehicle Code, as provided in subsection (d-2.5) of | 20 |
| that Section. The person's driving privileges shall be | 21 |
| revoked for the remainder of his or her life.
| 22 |
| (4.10) A mandatory prison sentence for a Class 1 felony | 23 |
| shall be imposed, and the person shall be eligible for an | 24 |
| extended term sentence, for a fourth or subsequent | 25 |
| violation of subsection (a-5) of Section 6-303 of the | 26 |
| Illinois Vehicle Code, as provided in subsection (d-3.5) of |
|
|
|
SB3090 Enrolled |
- 25 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| that Section. The person's driving privileges shall be | 2 |
| revoked for the remainder of his or her life.
| 3 |
| (5) The court may sentence a corporation or | 4 |
| unincorporated
association convicted of any offense to:
| 5 |
| (A) a period of conditional discharge;
| 6 |
| (B) a fine;
| 7 |
| (C) make restitution to the victim under Section | 8 |
| 5-5-6 of this Code.
| 9 |
| (5.1) In addition to any other penalties imposed, and | 10 |
| except as provided in paragraph (5.2) or (5.3), a person
| 11 |
| convicted of violating subsection (c) of Section 11-907 of | 12 |
| the Illinois
Vehicle Code shall have his or her driver's | 13 |
| license, permit, or privileges
suspended for at least 90 | 14 |
| days but not more than one year, if the violation
resulted | 15 |
| in damage to the property of another person.
| 16 |
| (5.2) In addition to any other penalties imposed, and | 17 |
| except as provided in paragraph (5.3), a person convicted
| 18 |
| of violating subsection (c) of Section 11-907 of the | 19 |
| Illinois Vehicle Code
shall have his or her driver's | 20 |
| license, permit, or privileges suspended for at
least 180 | 21 |
| days but not more than 2 years, if the violation resulted | 22 |
| in injury
to
another person.
| 23 |
| (5.3) In addition to any other penalties imposed, a | 24 |
| person convicted of violating subsection (c) of Section
| 25 |
| 11-907 of the Illinois Vehicle Code shall have his or her | 26 |
| driver's license,
permit, or privileges suspended for 2 |
|
|
|
SB3090 Enrolled |
- 26 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| years, if the violation resulted in the
death of another | 2 |
| person.
| 3 |
| (5.4) In addition to any other penalties imposed, a | 4 |
| person convicted of violating Section 3-707 of the Illinois | 5 |
| Vehicle Code shall have his or her driver's license, | 6 |
| permit, or privileges suspended for 3 months and until he | 7 |
| or she has paid a reinstatement fee of $100. | 8 |
| (5.5) In addition to any other penalties imposed, a | 9 |
| person convicted of violating Section 3-707 of the Illinois | 10 |
| Vehicle Code during a period in which his or her driver's | 11 |
| license, permit, or privileges were suspended for a | 12 |
| previous violation of that Section shall have his or her | 13 |
| driver's license, permit, or privileges suspended for an | 14 |
| additional 6 months after the expiration of the original | 15 |
| 3-month suspension and until he or she has paid a | 16 |
| reinstatement fee of $100.
| 17 |
| (6) (Blank).
| 18 |
| (7) (Blank).
| 19 |
| (8) (Blank).
| 20 |
| (9) A defendant convicted of a second or subsequent | 21 |
| offense of ritualized
abuse of a child may be sentenced to | 22 |
| a term of natural life imprisonment.
| 23 |
| (10) (Blank).
| 24 |
| (11) The court shall impose a minimum fine of $1,000 | 25 |
| for a first offense
and $2,000 for a second or subsequent | 26 |
| offense upon a person convicted of or
placed on supervision |
|
|
|
SB3090 Enrolled |
- 27 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| for battery when the individual harmed was a sports
| 2 |
| official or coach at any level of competition and the act | 3 |
| causing harm to the
sports
official or coach occurred | 4 |
| within an athletic facility or within the immediate | 5 |
| vicinity
of the athletic facility at which the sports | 6 |
| official or coach was an active
participant
of the athletic | 7 |
| contest held at the athletic facility. For the purposes of
| 8 |
| this paragraph (11), "sports official" means a person at an | 9 |
| athletic contest
who enforces the rules of the contest, | 10 |
| such as an umpire or referee; "athletic facility" means an | 11 |
| indoor or outdoor playing field or recreational area where | 12 |
| sports activities are conducted;
and "coach" means a person | 13 |
| recognized as a coach by the sanctioning
authority that | 14 |
| conducted the sporting event. | 15 |
| (12) A person may not receive a disposition of court | 16 |
| supervision for a
violation of Section 5-16 of the Boat | 17 |
| Registration and Safety Act if that
person has previously | 18 |
| received a disposition of court supervision for a
violation | 19 |
| of that Section.
| 20 |
| (13) A person convicted of or placed on court | 21 |
| supervision for an assault or aggravated assault when the | 22 |
| victim and the offender are family or household members as | 23 |
| defined in Section 103 of the Illinois Domestic Violence | 24 |
| Act of 1986 or convicted of domestic battery or aggravated | 25 |
| domestic battery may be required to attend a Partner Abuse | 26 |
| Intervention Program under protocols set forth by the |
|
|
|
SB3090 Enrolled |
- 28 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| Illinois Department of Human Services under such terms and | 2 |
| conditions imposed by the court. The costs of such classes | 3 |
| shall be paid by the offender.
| 4 |
| (d) In any case in which a sentence originally imposed is | 5 |
| vacated,
the case shall be remanded to the trial court. The | 6 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 7 |
| Unified Code of Corrections
which may include evidence of the | 8 |
| defendant's life, moral character and
occupation during the | 9 |
| time since the original sentence was passed. The
trial court | 10 |
| shall then impose sentence upon the defendant. The trial
court | 11 |
| may impose any sentence which could have been imposed at the
| 12 |
| original trial subject to Section 5-5-4 of the Unified Code of | 13 |
| Corrections.
If a sentence is vacated on appeal or on | 14 |
| collateral attack due to the
failure of the trier of fact at | 15 |
| trial to determine beyond a reasonable doubt
the
existence of a | 16 |
| fact (other than a prior conviction) necessary to increase the
| 17 |
| punishment for the offense beyond the statutory maximum | 18 |
| otherwise applicable,
either the defendant may be re-sentenced | 19 |
| to a term within the range otherwise
provided or, if the State | 20 |
| files notice of its intention to again seek the
extended | 21 |
| sentence, the defendant shall be afforded a new trial.
| 22 |
| (e) In cases where prosecution for
aggravated criminal | 23 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 24 |
| results in conviction of a defendant
who was a family member of | 25 |
| the victim at the time of the commission of the
offense, the | 26 |
| court shall consider the safety and welfare of the victim and
|
|
|
|
SB3090 Enrolled |
- 29 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| may impose a sentence of probation only where:
| 2 |
| (1) the court finds (A) or (B) or both are appropriate:
| 3 |
| (A) the defendant is willing to undergo a court | 4 |
| approved counseling
program for a minimum duration of 2 | 5 |
| years; or
| 6 |
| (B) the defendant is willing to participate in a | 7 |
| court approved plan
including but not limited to the | 8 |
| defendant's:
| 9 |
| (i) removal from the household;
| 10 |
| (ii) restricted contact with the victim;
| 11 |
| (iii) continued financial support of the | 12 |
| family;
| 13 |
| (iv) restitution for harm done to the victim; | 14 |
| and
| 15 |
| (v) compliance with any other measures that | 16 |
| the court may
deem appropriate; and
| 17 |
| (2) the court orders the defendant to pay for the | 18 |
| victim's counseling
services, to the extent that the court | 19 |
| finds, after considering the
defendant's income and | 20 |
| assets, that the defendant is financially capable of
paying | 21 |
| for such services, if the victim was under 18 years of age | 22 |
| at the
time the offense was committed and requires | 23 |
| counseling as a result of the
offense.
| 24 |
| Probation may be revoked or modified pursuant to Section | 25 |
| 5-6-4; except
where the court determines at the hearing that | 26 |
| the defendant violated a
condition of his or her probation |
|
|
|
SB3090 Enrolled |
- 30 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| restricting contact with the victim or
other family members or | 2 |
| commits another offense with the victim or other
family | 3 |
| members, the court shall revoke the defendant's probation and
| 4 |
| impose a term of imprisonment.
| 5 |
| For the purposes of this Section, "family member" and | 6 |
| "victim" shall have
the meanings ascribed to them in Section | 7 |
| 12-12 of the Criminal Code of
1961.
| 8 |
| (f) (Blank).
| 9 |
| (g) Whenever a defendant is convicted of an offense under | 10 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 11 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 12 |
| of the Criminal Code of 1961,
the defendant shall undergo | 13 |
| medical testing to
determine whether the defendant has any | 14 |
| sexually transmissible disease,
including a test for infection | 15 |
| with human immunodeficiency virus (HIV) or
any other identified | 16 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 17 |
| Any such medical test shall be performed only by appropriately
| 18 |
| licensed medical practitioners and may include an analysis of | 19 |
| any bodily
fluids as well as an examination of the defendant's | 20 |
| person.
Except as otherwise provided by law, the results of | 21 |
| such test shall be kept
strictly confidential by all medical | 22 |
| personnel involved in the testing and must
be personally | 23 |
| delivered in a sealed envelope to the judge of the court in | 24 |
| which
the conviction was entered for the judge's inspection in | 25 |
| camera. Acting in
accordance with the best interests of the | 26 |
| victim and the public, the judge
shall have the discretion to |
|
|
|
SB3090 Enrolled |
- 31 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| determine to whom, if anyone, the results of the
testing may be | 2 |
| revealed. The court shall notify the defendant
of the test | 3 |
| results. The court shall
also notify the victim if requested by | 4 |
| the victim, and if the victim is under
the age of 15 and if | 5 |
| requested by the victim's parents or legal guardian, the
court | 6 |
| shall notify the victim's parents or legal guardian of the test
| 7 |
| results.
The court shall provide information on the | 8 |
| availability of HIV testing
and counseling at Department of | 9 |
| Public Health facilities to all parties to
whom the results of | 10 |
| the testing are revealed and shall direct the State's
Attorney | 11 |
| to provide the information to the victim when possible.
A | 12 |
| State's Attorney may petition the court to obtain the results | 13 |
| of any HIV test
administered under this Section, and the court | 14 |
| shall grant the disclosure if
the State's Attorney shows it is | 15 |
| relevant in order to prosecute a charge of
criminal | 16 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 17 |
| of 1961
against the defendant. The court shall order that the | 18 |
| cost of any such test
shall be paid by the county and may be | 19 |
| taxed as costs against the convicted
defendant.
| 20 |
| (g-5) When an inmate is tested for an airborne communicable | 21 |
| disease, as
determined by the Illinois Department of Public | 22 |
| Health including but not
limited to tuberculosis, the results | 23 |
| of the test shall be
personally delivered by the warden or his | 24 |
| or her designee in a sealed envelope
to the judge of the court | 25 |
| in which the inmate must appear for the judge's
inspection in | 26 |
| camera if requested by the judge. Acting in accordance with the
|
|
|
|
SB3090 Enrolled |
- 32 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| best interests of those in the courtroom, the judge shall have | 2 |
| the discretion
to determine what if any precautions need to be | 3 |
| taken to prevent transmission
of the 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. A State's Attorney may petition the court to | 25 |
| obtain the results of
any HIV test administered under this | 26 |
| Section, and the court shall grant the
disclosure if the |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| State's Attorney shows it is relevant in order to prosecute a
| 2 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 3 |
| the Criminal
Code of 1961 against the defendant. The court | 4 |
| shall order that the cost of any
such test shall be paid by the | 5 |
| county and may be taxed as costs against the
convicted | 6 |
| defendant.
| 7 |
| (i) All fines and penalties imposed under this Section for | 8 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 9 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 10 |
| any violation
of the Child Passenger Protection Act, or a | 11 |
| similar provision of a local
ordinance, shall be collected and | 12 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 13 |
| of the Clerks of Courts Act.
| 14 |
| (j) In cases when prosecution for any violation of Section | 15 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 16 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 17 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 18 |
| Code of 1961, any violation of the Illinois Controlled | 19 |
| Substances Act,
any violation of the Cannabis Control Act, or | 20 |
| any violation of the Methamphetamine Control and Community | 21 |
| Protection Act results in conviction, a
disposition of court | 22 |
| supervision, or an order of probation granted under
Section 10 | 23 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 24 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 25 |
| Control and Community Protection Act of a defendant, the court | 26 |
| shall determine whether the
defendant is employed by a facility |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| or center as defined under the Child Care
Act of 1969, a public | 2 |
| or private elementary or secondary school, or otherwise
works | 3 |
| with children under 18 years of age on a daily basis. When a | 4 |
| defendant
is so employed, the court shall order the Clerk of | 5 |
| the Court to send a copy of
the judgment of conviction or order | 6 |
| of supervision or probation to the
defendant's employer by | 7 |
| certified mail.
If the employer of the defendant is a school, | 8 |
| the Clerk of the Court shall
direct the mailing of a copy of | 9 |
| the judgment of conviction or order of
supervision or probation | 10 |
| to the appropriate regional superintendent of schools.
The | 11 |
| regional superintendent of schools shall notify the State Board | 12 |
| of
Education of any notification under this subsection.
| 13 |
| (j-5) A defendant at least 17 years of age who is convicted | 14 |
| of a felony and
who has not been previously convicted of a | 15 |
| misdemeanor or felony and who is
sentenced to a term of | 16 |
| imprisonment in the Illinois Department of Corrections
shall as | 17 |
| a condition of his or her sentence be required by the court to | 18 |
| attend
educational courses designed to prepare the defendant | 19 |
| for a high school diploma
and to work toward a high school | 20 |
| diploma or to work toward passing the high
school level Test of | 21 |
| General Educational Development (GED) or to work toward
| 22 |
| completing a vocational training program offered by the | 23 |
| Department of
Corrections. If a defendant fails to complete the | 24 |
| educational training
required by his or her sentence during the | 25 |
| term of incarceration, the Prisoner
Review Board shall, as a | 26 |
| condition of mandatory supervised release, require the
|
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| defendant, at his or her own expense, to pursue a course of | 2 |
| study toward a high
school diploma or passage of the GED test. | 3 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 4 |
| release of a defendant who wilfully fails to
comply with this | 5 |
| subsection (j-5) upon his or her release from confinement in a
| 6 |
| penal institution while serving a mandatory supervised release | 7 |
| term; however,
the inability of the defendant after making a | 8 |
| good faith effort to obtain
financial aid or pay for the | 9 |
| educational training shall not be deemed a wilful
failure to | 10 |
| comply. The Prisoner Review Board shall recommit the defendant
| 11 |
| whose mandatory supervised release term has been revoked under | 12 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 13 |
| subsection (j-5) does not apply to a
defendant who has a high | 14 |
| school diploma or has successfully passed the GED
test. This | 15 |
| subsection (j-5) does not apply to a defendant who is | 16 |
| determined by
the court to be developmentally disabled or | 17 |
| otherwise mentally incapable of
completing the educational or | 18 |
| vocational program.
| 19 |
| (k) (Blank).
| 20 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 21 |
| (l), whenever a defendant,
who is an alien as defined by | 22 |
| the Immigration and Nationality Act, is convicted
of any | 23 |
| felony or misdemeanor offense, the court after sentencing | 24 |
| the defendant
may, upon motion of the State's Attorney, | 25 |
| hold sentence in abeyance and remand
the defendant to the | 26 |
| custody of the Attorney General of
the United States or his |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| or her designated agent to be deported when:
| 2 |
| (1) a final order of deportation has been issued | 3 |
| against the defendant
pursuant to proceedings under | 4 |
| the Immigration and Nationality Act, and
| 5 |
| (2) the deportation of the defendant would not | 6 |
| deprecate the seriousness
of the defendant's conduct | 7 |
| and would not be inconsistent with the ends of
justice.
| 8 |
| Otherwise, the defendant shall be sentenced as | 9 |
| provided in this Chapter V.
| 10 |
| (B) If the defendant has already been sentenced for a | 11 |
| felony or
misdemeanor
offense, or has been placed on | 12 |
| probation under Section 10 of the Cannabis
Control Act,
| 13 |
| Section 410 of the Illinois Controlled Substances Act, or | 14 |
| Section 70 of the Methamphetamine Control and Community | 15 |
| Protection Act, the court
may, upon motion of the State's | 16 |
| Attorney to suspend the
sentence imposed, commit the | 17 |
| defendant to the custody of the Attorney General
of the | 18 |
| United States or his or her designated agent when:
| 19 |
| (1) a final order of deportation has been issued | 20 |
| against the defendant
pursuant to proceedings under | 21 |
| the Immigration and Nationality Act, and
| 22 |
| (2) the deportation of the defendant would not | 23 |
| deprecate the seriousness
of the defendant's conduct | 24 |
| and would not be inconsistent with the ends of
justice.
| 25 |
| (C) This subsection (l) does not apply to offenders who | 26 |
| are subject to the
provisions of paragraph (2) of |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| subsection (a) of Section 3-6-3.
| 2 |
| (D) Upon motion of the State's Attorney, if a defendant | 3 |
| sentenced under
this Section returns to the jurisdiction of | 4 |
| the United States, the defendant
shall be recommitted to | 5 |
| the custody of the county from which he or she was
| 6 |
| sentenced.
Thereafter, the defendant shall be brought | 7 |
| before the sentencing court, which
may impose any sentence | 8 |
| that was available under Section 5-5-3 at the time of
| 9 |
| initial sentencing. In addition, the defendant shall not be | 10 |
| eligible for
additional good conduct credit for | 11 |
| meritorious service as provided under
Section 3-6-6.
| 12 |
| (m) A person convicted of criminal defacement of property | 13 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 14 |
| property damage exceeds $300
and the property damaged is a | 15 |
| school building, shall be ordered to perform
community service | 16 |
| that may include cleanup, removal, or painting over the
| 17 |
| defacement.
| 18 |
| (n) The court may sentence a person convicted of a | 19 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 20 |
| Code of 1961 (i) to an impact
incarceration program if the | 21 |
| person is otherwise eligible for that program
under Section | 22 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 23 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 24 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 25 |
| program licensed under that
Act. | 26 |
| (o) Whenever a person is convicted of a sex offense as |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| defined in Section 2 of the Sex Offender Registration Act, the | 2 |
| defendant's driver's license or permit shall be subject to | 3 |
| renewal on an annual basis in accordance with the provisions of | 4 |
| license renewal established by the Secretary of State.
| 5 |
| (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | 6 |
| 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | 7 |
| 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | 8 |
| 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | 9 |
| eff. 12-3-09.)
| 10 |
| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| 11 |
| (Text of Section before amendment by P.A. 96-339 ) | 12 |
| Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | 13 |
| Sentencing .
| 14 |
| (a) The following factors shall be accorded weight in favor | 15 |
| of
imposing a term of imprisonment or may be considered by the | 16 |
| court as reasons
to impose a more severe sentence under Section | 17 |
| 5-8-1 or Article 4.5 of Chapter V:
| 18 |
| (1) the defendant's conduct caused or threatened | 19 |
| serious harm;
| 20 |
| (2) the defendant received compensation for committing | 21 |
| the offense;
| 22 |
| (3) the defendant has a history of prior delinquency or | 23 |
| criminal activity;
| 24 |
| (4) the defendant, by the duties of his office or by | 25 |
| his position,
was obliged to prevent the particular offense |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| committed or to bring
the offenders committing it to | 2 |
| justice;
| 3 |
| (5) the defendant held public office at the time of the | 4 |
| offense,
and the offense related to the conduct of that | 5 |
| office;
| 6 |
| (6) the defendant utilized his professional reputation | 7 |
| or
position in the community to commit the offense, or to | 8 |
| afford
him an easier means of committing it;
| 9 |
| (7) the sentence is necessary to deter others from | 10 |
| committing
the same crime;
| 11 |
| (8) the defendant committed the offense against a | 12 |
| person 60 years of age
or older or such person's property;
| 13 |
| (9) the defendant committed the offense against a | 14 |
| person who is
physically handicapped or such person's | 15 |
| property;
| 16 |
| (10) by reason of another individual's actual or | 17 |
| perceived race, color,
creed, religion, ancestry, gender, | 18 |
| sexual orientation, physical or mental
disability, or | 19 |
| national origin, the defendant committed the offense | 20 |
| against (i)
the person or property
of that individual; (ii) | 21 |
| the person or property of a person who has an
association | 22 |
| with, is married to, or has a friendship with the other | 23 |
| individual;
or (iii) the person or property of a relative | 24 |
| (by blood or marriage) of a
person described in clause (i) | 25 |
| or (ii). For the purposes of this Section,
"sexual | 26 |
| orientation" means heterosexuality, homosexuality, or |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| bisexuality;
| 2 |
| (11) the offense took place in a place of worship or on | 3 |
| the
grounds of a place of worship, immediately prior to, | 4 |
| during or immediately
following worship services. For | 5 |
| purposes of this subparagraph, "place of
worship" shall | 6 |
| mean any church, synagogue or other building, structure or
| 7 |
| place used primarily for religious worship;
| 8 |
| (12) the defendant was convicted of a felony committed | 9 |
| while he was
released on bail or his own recognizance | 10 |
| pending trial for a prior felony
and was convicted of such | 11 |
| prior felony, or the defendant was convicted of a
felony | 12 |
| committed while he was serving a period of probation,
| 13 |
| conditional discharge, or mandatory supervised release | 14 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
| 15 |
| (13) the defendant committed or attempted to commit a | 16 |
| felony while he
was wearing a bulletproof vest. For the | 17 |
| purposes of this paragraph (13), a
bulletproof vest is any | 18 |
| device which is designed for the purpose of
protecting the | 19 |
| wearer from bullets, shot or other lethal projectiles;
| 20 |
| (14) the defendant held a position of trust or | 21 |
| supervision such as, but
not limited to, family member as | 22 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 23 |
| teacher, scout leader, baby sitter, or day care worker, in
| 24 |
| relation to a victim under 18 years of age, and the | 25 |
| defendant committed an
offense in violation of Section | 26 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| 2 |
| against
that victim;
| 3 |
| (15) the defendant committed an offense related to the | 4 |
| activities of an
organized gang. For the purposes of this | 5 |
| factor, "organized gang" has the
meaning ascribed to it in | 6 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 7 |
| Act;
| 8 |
| (16) the defendant committed an offense in violation of | 9 |
| one of the
following Sections while in a school, regardless | 10 |
| of the time of day or time of
year; on any conveyance | 11 |
| owned, leased, or contracted by a school to transport
| 12 |
| students to or from school or a school related activity; on | 13 |
| the real property
of a school; or on a public way within | 14 |
| 1,000 feet of the real property
comprising any school: | 15 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| 16 |
| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 17 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 18 |
| 33A-2 of the Criminal Code of
1961;
| 19 |
| (16.5) the defendant committed an offense in violation | 20 |
| of one of the
following Sections while in a day care | 21 |
| center, regardless of the time of day or
time of year; on | 22 |
| the real property of a day care center, regardless of the | 23 |
| time
of day or time of year; or on a public
way within | 24 |
| 1,000 feet of the real property comprising any day care | 25 |
| center,
regardless of the time of day or time of year:
| 26 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, |
|
|
|
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LRB096 19623 RLC 35019 b |
|
| 1 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 2 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 3 |
| 33A-2 of the Criminal
Code of 1961;
| 4 |
| (17) the defendant committed the offense by reason of | 5 |
| any person's
activity as a community policing volunteer or | 6 |
| to prevent any person from
engaging in activity as a | 7 |
| community policing volunteer. For the purpose of
this | 8 |
| Section, "community policing volunteer" has the meaning | 9 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 10 |
| 1961;
| 11 |
| (18) the defendant committed the offense in a nursing | 12 |
| home or on the
real
property comprising a nursing home. For | 13 |
| the purposes of this paragraph (18),
"nursing home" means a | 14 |
| skilled nursing
or intermediate long term care facility | 15 |
| that is subject to license by the
Illinois Department of | 16 |
| Public Health under the Nursing Home Care
Act;
| 17 |
| (19) the defendant was a federally licensed firearm | 18 |
| dealer
and
was
previously convicted of a violation of | 19 |
| subsection (a) of Section 3 of the
Firearm Owners | 20 |
| Identification Card Act and has now committed either a | 21 |
| felony
violation
of the Firearm Owners Identification Card | 22 |
| Act or an act of armed violence while
armed
with a firearm; | 23 |
| (20) the defendant (i) committed the offense of | 24 |
| reckless homicide under Section 9-3 of the Criminal Code of | 25 |
| 1961 or the offense of driving under the influence of | 26 |
| alcohol, other drug or
drugs, intoxicating compound or |
|
|
|
SB3090 Enrolled |
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LRB096 19623 RLC 35019 b |
|
| 1 |
| compounds or any combination thereof under Section 11-501 | 2 |
| of the Illinois Vehicle Code or a similar provision of a | 3 |
| local ordinance and (ii) was operating a motor vehicle in | 4 |
| excess of 20 miles per hour over the posted speed limit as | 5 |
| provided in Article VI of Chapter 11 of the Illinois | 6 |
| Vehicle Code;
| 7 |
| (21) the defendant (i) committed the offense of | 8 |
| reckless driving or aggravated reckless driving under | 9 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 10 |
| operating a motor vehicle in excess of 20 miles per hour | 11 |
| over the posted speed limit as provided in Article VI of | 12 |
| Chapter 11 of the Illinois Vehicle Code; | 13 |
| (22) the defendant committed the offense against a | 14 |
| person that the defendant knew, or reasonably should have | 15 |
| known, was a member of the Armed Forces of the United | 16 |
| States serving on active duty. For purposes of this clause | 17 |
| (22), the term "Armed Forces" means any of the Armed Forces | 18 |
| of the United States, including a member of any reserve | 19 |
| component thereof or National Guard unit called to active | 20 |
| duty;
| 21 |
| (23)
the defendant committed the offense against a | 22 |
| person who was elderly, disabled, or infirm by taking | 23 |
| advantage of a family or fiduciary relationship with the | 24 |
| elderly, disabled, or infirm person; or
| 25 |
| (24)
the defendant committed any offense under Section | 26 |
| 11-20.1 of the Criminal Code of 1961 and possessed 100 or |
|
|
|
SB3090 Enrolled |
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LRB096 19623 RLC 35019 b |
|
| 1 |
| more images;
or | 2 |
| (25) the defendant committed the offense while the | 3 |
| defendant or the victim was in a train, bus, or other | 4 |
| vehicle used for public transportation ; or . | 5 |
| (26) (25) the defendant committed the offense of child | 6 |
| pornography or aggravated child pornography, specifically | 7 |
| including paragraph (1), (2), (3), (4), (5), or (7) of | 8 |
| subsection (a) of Section 11-20.1 of the Criminal Code of | 9 |
| 1961 where a child engaged in, solicited for, depicted in, | 10 |
| or posed in any act of sexual penetration or bound, | 11 |
| fettered, or subject to sadistic, masochistic, or | 12 |
| sadomasochistic abuse in a sexual context and specifically | 13 |
| including paragraph (1), (2), (3), (4), (5), or (7) of | 14 |
| subsection (a) of Section 11-20.3 of the Criminal Code of | 15 |
| 1961 where a child engaged in, solicited for, depicted in, | 16 |
| or posed in any act of sexual penetration or bound, | 17 |
| fettered, or subject to sadistic, masochistic, or | 18 |
| sadomasochistic abuse in a sexual context. | 19 |
| For the purposes of this Section:
| 20 |
| "School" is defined as a public or private
elementary or | 21 |
| secondary school, community college, college, or university.
| 22 |
| "Day care center" means a public or private State certified | 23 |
| and
licensed day care center as defined in Section 2.09 of the | 24 |
| Child Care Act of
1969 that displays a sign in plain view | 25 |
| stating that the
property is a day care center.
| 26 |
| "Public transportation" means the transportation
or |
|
|
|
SB3090 Enrolled |
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LRB096 19623 RLC 35019 b |
|
| 1 |
| conveyance of persons by means available to the general public, | 2 |
| and includes paratransit services. | 3 |
| (b) The following factors, related to all felonies, may be | 4 |
| considered by the court as
reasons to impose an extended term | 5 |
| sentence under Section 5-8-2
upon any offender:
| 6 |
| (1) When a defendant is convicted of any felony, after | 7 |
| having
been previously convicted in Illinois or any other | 8 |
| jurisdiction of the
same or similar class felony or greater | 9 |
| class felony, when such conviction
has occurred within 10 | 10 |
| years after the
previous conviction, excluding time spent | 11 |
| in custody, and such charges are
separately brought and | 12 |
| tried and arise out of different series of acts; or
| 13 |
| (2) When a defendant is convicted of any felony and the | 14 |
| court
finds that the offense was accompanied by | 15 |
| exceptionally brutal
or heinous behavior indicative of | 16 |
| wanton cruelty; or
| 17 |
| (3) When a defendant is convicted of any felony | 18 |
| committed against:
| 19 |
| (i) a person under 12 years of age at the time of | 20 |
| the offense or such
person's property;
| 21 |
| (ii) a person 60 years of age or older at the time | 22 |
| of the offense or
such person's property; or
| 23 |
| (iii) a person physically handicapped at the time | 24 |
| of the offense or
such person's property; or
| 25 |
| (4) When a defendant is convicted of any felony and the | 26 |
| offense
involved any of the following types of specific |
|
|
|
SB3090 Enrolled |
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LRB096 19623 RLC 35019 b |
|
| 1 |
| misconduct committed as
part of a ceremony, rite, | 2 |
| initiation, observance, performance, practice or
activity | 3 |
| of any actual or ostensible religious, fraternal, or social | 4 |
| group:
| 5 |
| (i) the brutalizing or torturing of humans or | 6 |
| animals;
| 7 |
| (ii) the theft of human corpses;
| 8 |
| (iii) the kidnapping of humans;
| 9 |
| (iv) the desecration of any cemetery, religious, | 10 |
| fraternal, business,
governmental, educational, or | 11 |
| other building or property; or
| 12 |
| (v) ritualized abuse of a child; or
| 13 |
| (5) When a defendant is convicted of a felony other | 14 |
| than conspiracy and
the court finds that
the felony was | 15 |
| committed under an agreement with 2 or more other persons
| 16 |
| to commit that offense and the defendant, with respect to | 17 |
| the other
individuals, occupied a position of organizer, | 18 |
| supervisor, financier, or any
other position of management | 19 |
| or leadership, and the court further finds that
the felony | 20 |
| committed was related to or in furtherance of the criminal
| 21 |
| activities of an organized gang or was motivated by the | 22 |
| defendant's leadership
in an organized gang; or
| 23 |
| (6) When a defendant is convicted of an offense | 24 |
| committed while using a firearm with a
laser sight attached | 25 |
| to it. For purposes of this paragraph, "laser sight"
has | 26 |
| the meaning ascribed to it in Section 24.6-5 of the |
|
|
|
SB3090 Enrolled |
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LRB096 19623 RLC 35019 b |
|
| 1 |
| Criminal Code of
1961; or
| 2 |
| (7) When a defendant who was at least 17 years of age | 3 |
| at the
time of
the commission of the offense is convicted | 4 |
| of a felony and has been previously
adjudicated a | 5 |
| delinquent minor under the Juvenile Court Act of 1987 for | 6 |
| an act
that if committed by an adult would be a Class X or | 7 |
| Class 1 felony when the
conviction has occurred within 10 | 8 |
| years after the previous adjudication,
excluding time | 9 |
| spent in custody; or
| 10 |
| (8) When a defendant commits any felony and the | 11 |
| defendant used, possessed, exercised control over, or | 12 |
| otherwise directed an animal to assault a law enforcement | 13 |
| officer engaged in the execution of his or her official | 14 |
| duties or in furtherance of the criminal activities of an | 15 |
| organized gang in which the defendant is engaged.
| 16 |
| (c) The following factors may be considered by the court as | 17 |
| reasons to impose an extended term sentence under Section 5-8-2 | 18 |
| (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 19 |
| (1) When a defendant is convicted of first degree | 20 |
| murder, after having been previously convicted in Illinois | 21 |
| of any offense listed under paragraph (c)(2) of Section | 22 |
| 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | 23 |
| within 10 years after the previous conviction, excluding | 24 |
| time spent in custody, and the charges are separately | 25 |
| brought and tried and arise out of different series of | 26 |
| acts. |
|
|
|
SB3090 Enrolled |
- 48 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| (1.5) When a defendant is convicted of first degree | 2 |
| murder, after having been previously convicted of domestic | 3 |
| battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 4 |
| (720 ILCS 5/12-3.3) committed on the same victim or after | 5 |
| having been previously convicted of violation of an order | 6 |
| of protection (720 ILCS 5/12-30) in which the same victim | 7 |
| was the protected person. | 8 |
| (2) When a defendant is convicted of voluntary | 9 |
| manslaughter, second degree murder, involuntary | 10 |
| manslaughter, or reckless homicide in which the defendant | 11 |
| has been convicted of causing the death of more than one | 12 |
| individual. | 13 |
| (3) When a defendant is convicted of aggravated | 14 |
| criminal sexual assault or criminal sexual assault, when | 15 |
| there is a finding that aggravated criminal sexual assault | 16 |
| or criminal sexual assault was also committed on the same | 17 |
| victim by one or more other individuals, and the defendant | 18 |
| voluntarily participated in the crime with the knowledge of | 19 |
| the participation of the others in the crime, and the | 20 |
| commission of the crime was part of a single course of | 21 |
| conduct during which there was no substantial change in the | 22 |
| nature of the criminal objective. | 23 |
| (4) If the victim was under 18 years of age at the time | 24 |
| of the commission of the offense, when a defendant is | 25 |
| convicted of aggravated criminal sexual assault or | 26 |
| predatory criminal sexual assault of a child under |
|
|
|
SB3090 Enrolled |
- 49 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| subsection (a)(1) of Section 12-14.1 of the Criminal Code | 2 |
| of 1961 (720 ILCS 5/12-14.1). | 3 |
| (5) When a defendant is convicted of a felony violation | 4 |
| of Section 24-1 of the Criminal Code of 1961 (720 ILCS | 5 |
| 5/24-1) and there is a finding that the defendant is a | 6 |
| member of an organized gang. | 7 |
| (6) When a defendant was convicted of unlawful use of | 8 |
| weapons under Section 24-1 of the Criminal Code of 1961 | 9 |
| (720 ILCS 5/24-1) for possessing a weapon that is not | 10 |
| readily distinguishable as one of the weapons enumerated in | 11 |
| Section 24-1 of the Criminal Code of 1961 (720 ILCS | 12 |
| 5/24-1). | 13 |
| (7) When a defendant is convicted of an offense | 14 |
| involving the illegal manufacture of a controlled | 15 |
| substance under Section 401 of the Illinois Controlled | 16 |
| Substances Act (720 ILCS 570/401), the illegal manufacture | 17 |
| of methamphetamine under Section 25 of the Methamphetamine | 18 |
| Control and Community Protection Act (720 ILCS 646/25), or | 19 |
| the illegal possession of explosives and an emergency | 20 |
| response officer in the performance of his or her duties is | 21 |
| killed or injured at the scene of the offense while | 22 |
| responding to the emergency caused by the commission of the | 23 |
| offense. In this paragraph, "emergency" means a situation | 24 |
| in which a person's life, health, or safety is in jeopardy; | 25 |
| and "emergency response officer" means a peace officer, | 26 |
| community policing volunteer, fireman, emergency medical |
|
|
|
SB3090 Enrolled |
- 50 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| technician-ambulance, emergency medical | 2 |
| technician-intermediate, emergency medical | 3 |
| technician-paramedic, ambulance driver, other medical | 4 |
| assistance or first aid personnel, or hospital emergency | 5 |
| room personnel.
| 6 |
| (d) For the purposes of this Section, "organized gang" has | 7 |
| the meaning
ascribed to it in Section 10 of the Illinois | 8 |
| Streetgang Terrorism Omnibus
Prevention Act.
| 9 |
| (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | 10 |
| eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | 11 |
| 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; | 12 |
| 96-328, eff. 8-11-09; revised 9-25-09.)
| 13 |
| (Text of Section after amendment by P.A. 96-339 ) | 14 |
| Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | 15 |
| Sentencing .
| 16 |
| (a) The following factors shall be accorded weight in favor | 17 |
| of
imposing a term of imprisonment or may be considered by the | 18 |
| court as reasons
to impose a more severe sentence under Section | 19 |
| 5-8-1 or Article 4.5 of Chapter V:
| 20 |
| (1) the defendant's conduct caused or threatened | 21 |
| serious harm;
| 22 |
| (2) the defendant received compensation for committing | 23 |
| the offense;
| 24 |
| (3) the defendant has a history of prior delinquency or | 25 |
| criminal activity;
|
|
|
|
SB3090 Enrolled |
- 51 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| (4) the defendant, by the duties of his office or by | 2 |
| his position,
was obliged to prevent the particular offense | 3 |
| committed or to bring
the offenders committing it to | 4 |
| justice;
| 5 |
| (5) the defendant held public office at the time of the | 6 |
| offense,
and the offense related to the conduct of that | 7 |
| office;
| 8 |
| (6) the defendant utilized his professional reputation | 9 |
| or
position in the community to commit the offense, or to | 10 |
| afford
him an easier means of committing it;
| 11 |
| (7) the sentence is necessary to deter others from | 12 |
| committing
the same crime;
| 13 |
| (8) the defendant committed the offense against a | 14 |
| person 60 years of age
or older or such person's property;
| 15 |
| (9) the defendant committed the offense against a | 16 |
| person who is
physically handicapped or such person's | 17 |
| property;
| 18 |
| (10) by reason of another individual's actual or | 19 |
| perceived race, color,
creed, religion, ancestry, gender, | 20 |
| sexual orientation, physical or mental
disability, or | 21 |
| national origin, the defendant committed the offense | 22 |
| against (i)
the person or property
of that individual; (ii) | 23 |
| the person or property of a person who has an
association | 24 |
| with, is married to, or has a friendship with the other | 25 |
| individual;
or (iii) the person or property of a relative | 26 |
| (by blood or marriage) of a
person described in clause (i) |
|
|
|
SB3090 Enrolled |
- 52 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| or (ii). For the purposes of this Section,
"sexual | 2 |
| orientation" means heterosexuality, homosexuality, or | 3 |
| bisexuality;
| 4 |
| (11) the offense took place in a place of worship or on | 5 |
| the
grounds of a place of worship, immediately prior to, | 6 |
| during or immediately
following worship services. For | 7 |
| purposes of this subparagraph, "place of
worship" shall | 8 |
| mean any church, synagogue or other building, structure or
| 9 |
| place used primarily for religious worship;
| 10 |
| (12) the defendant was convicted of a felony committed | 11 |
| while he was
released on bail or his own recognizance | 12 |
| pending trial for a prior felony
and was convicted of such | 13 |
| prior felony, or the defendant was convicted of a
felony | 14 |
| committed while he was serving a period of probation,
| 15 |
| conditional discharge, or mandatory supervised release | 16 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
| 17 |
| (13) the defendant committed or attempted to commit a | 18 |
| felony while he
was wearing a bulletproof vest. For the | 19 |
| purposes of this paragraph (13), a
bulletproof vest is any | 20 |
| device which is designed for the purpose of
protecting the | 21 |
| wearer from bullets, shot or other lethal projectiles;
| 22 |
| (14) the defendant held a position of trust or | 23 |
| supervision such as, but
not limited to, family member as | 24 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 25 |
| teacher, scout leader, baby sitter, or day care worker, in
| 26 |
| relation to a victim under 18 years of age, and the |
|
|
|
SB3090 Enrolled |
- 53 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| defendant committed an
offense in violation of Section | 2 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 3 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| 4 |
| against
that victim;
| 5 |
| (15) the defendant committed an offense related to the | 6 |
| activities of an
organized gang. For the purposes of this | 7 |
| factor, "organized gang" has the
meaning ascribed to it in | 8 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 9 |
| Act;
| 10 |
| (16) the defendant committed an offense in violation of | 11 |
| one of the
following Sections while in a school, regardless | 12 |
| of the time of day or time of
year; on any conveyance | 13 |
| owned, leased, or contracted by a school to transport
| 14 |
| students to or from school or a school related activity; on | 15 |
| the real property
of a school; or on a public way within | 16 |
| 1,000 feet of the real property
comprising any school: | 17 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| 18 |
| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 19 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 20 |
| 33A-2 of the Criminal Code of
1961;
| 21 |
| (16.5) the defendant committed an offense in violation | 22 |
| of one of the
following Sections while in a day care | 23 |
| center, regardless of the time of day or
time of year; on | 24 |
| the real property of a day care center, regardless of the | 25 |
| time
of day or time of year; or on a public
way within | 26 |
| 1,000 feet of the real property comprising any day care |
|
|
|
SB3090 Enrolled |
- 54 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| center,
regardless of the time of day or time of year:
| 2 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | 3 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 4 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 5 |
| 33A-2 of the Criminal
Code of 1961;
| 6 |
| (17) the defendant committed the offense by reason of | 7 |
| any person's
activity as a community policing volunteer or | 8 |
| to prevent any person from
engaging in activity as a | 9 |
| community policing volunteer. For the purpose of
this | 10 |
| Section, "community policing volunteer" has the meaning | 11 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 12 |
| 1961;
| 13 |
| (18) the defendant committed the offense in a nursing | 14 |
| home or on the
real
property comprising a nursing home. For | 15 |
| the purposes of this paragraph (18),
"nursing home" means a | 16 |
| skilled nursing
or intermediate long term care facility | 17 |
| that is subject to license by the
Illinois Department of | 18 |
| Public Health under the Nursing Home Care
Act or the MR/DD | 19 |
| Community Care Act;
| 20 |
| (19) the defendant was a federally licensed firearm | 21 |
| dealer
and
was
previously convicted of a violation of | 22 |
| subsection (a) of Section 3 of the
Firearm Owners | 23 |
| Identification Card Act and has now committed either a | 24 |
| felony
violation
of the Firearm Owners Identification Card | 25 |
| Act or an act of armed violence while
armed
with a firearm; | 26 |
| (20) the defendant (i) committed the offense of |
|
|
|
SB3090 Enrolled |
- 55 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| reckless homicide under Section 9-3 of the Criminal Code of | 2 |
| 1961 or the offense of driving under the influence of | 3 |
| alcohol, other drug or
drugs, intoxicating compound or | 4 |
| compounds or any combination thereof under Section 11-501 | 5 |
| of the Illinois Vehicle Code or a similar provision of a | 6 |
| local ordinance and (ii) was operating a motor vehicle in | 7 |
| excess of 20 miles per hour over the posted speed limit as | 8 |
| provided in Article VI of Chapter 11 of the Illinois | 9 |
| Vehicle Code;
| 10 |
| (21) the defendant (i) committed the offense of | 11 |
| reckless driving or aggravated reckless driving under | 12 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 13 |
| operating a motor vehicle in excess of 20 miles per hour | 14 |
| over the posted speed limit as provided in Article VI of | 15 |
| Chapter 11 of the Illinois Vehicle Code; | 16 |
| (22) the defendant committed the offense against a | 17 |
| person that the defendant knew, or reasonably should have | 18 |
| known, was a member of the Armed Forces of the United | 19 |
| States serving on active duty. For purposes of this clause | 20 |
| (22), the term "Armed Forces" means any of the Armed Forces | 21 |
| of the United States, including a member of any reserve | 22 |
| component thereof or National Guard unit called to active | 23 |
| duty;
| 24 |
| (23)
the defendant committed the offense against a | 25 |
| person who was elderly, disabled, or infirm by taking | 26 |
| advantage of a family or fiduciary relationship with the |
|
|
|
SB3090 Enrolled |
- 56 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| elderly, disabled, or infirm person; or
| 2 |
| (24)
the defendant committed any offense under Section | 3 |
| 11-20.1 of the Criminal Code of 1961 and possessed 100 or | 4 |
| more images;
or | 5 |
| (25) the defendant committed the offense while the | 6 |
| defendant or the victim was in a train, bus, or other | 7 |
| vehicle used for public transportation ; or . | 8 |
| (26) (25) the defendant committed the offense of child | 9 |
| pornography or aggravated child pornography, specifically | 10 |
| including paragraph (1), (2), (3), (4), (5), or (7) of | 11 |
| subsection (a) of Section 11-20.1 of the Criminal Code of | 12 |
| 1961 where a child engaged in, solicited for, depicted in, | 13 |
| or posed in any act of sexual penetration or bound, | 14 |
| fettered, or subject to sadistic, masochistic, or | 15 |
| sadomasochistic abuse in a sexual context and specifically | 16 |
| including paragraph (1), (2), (3), (4), (5), or (7) of | 17 |
| subsection (a) of Section 11-20.3 of the Criminal Code of | 18 |
| 1961 where a child engaged in, solicited for, depicted in, | 19 |
| or posed in any act of sexual penetration or bound, | 20 |
| fettered, or subject to sadistic, masochistic, or | 21 |
| sadomasochistic abuse in a sexual context. | 22 |
| For the purposes of this Section:
| 23 |
| "School" is defined as a public or private
elementary or | 24 |
| secondary school, community college, college, or university.
| 25 |
| "Day care center" means a public or private State certified | 26 |
| and
licensed day care center as defined in Section 2.09 of the |
|
|
|
SB3090 Enrolled |
- 57 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| Child Care Act of
1969 that displays a sign in plain view | 2 |
| stating that the
property is a day care center.
| 3 |
| "Public transportation" means the transportation
or | 4 |
| conveyance of persons by means available to the general public, | 5 |
| and includes paratransit services. | 6 |
| (b) The following factors, related to all felonies, may be | 7 |
| considered by the court as
reasons to impose an extended term | 8 |
| sentence under Section 5-8-2
upon any offender:
| 9 |
| (1) When a defendant is convicted of any felony, after | 10 |
| having
been previously convicted in Illinois or any other | 11 |
| jurisdiction of the
same or similar class felony or greater | 12 |
| class felony, when such conviction
has occurred within 10 | 13 |
| years after the
previous conviction, excluding time spent | 14 |
| in custody, and such charges are
separately brought and | 15 |
| tried and arise out of different series of acts; or
| 16 |
| (2) When a defendant is convicted of any felony and the | 17 |
| court
finds that the offense was accompanied by | 18 |
| exceptionally brutal
or heinous behavior indicative of | 19 |
| wanton cruelty; or
| 20 |
| (3) When a defendant is convicted of any felony | 21 |
| committed against:
| 22 |
| (i) a person under 12 years of age at the time of | 23 |
| the offense or such
person's property;
| 24 |
| (ii) a person 60 years of age or older at the time | 25 |
| of the offense or
such person's property; or
| 26 |
| (iii) a person physically handicapped at the time |
|
|
|
SB3090 Enrolled |
- 58 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| of the offense or
such person's property; or
| 2 |
| (4) When a defendant is convicted of any felony and the | 3 |
| offense
involved any of the following types of specific | 4 |
| misconduct committed as
part of a ceremony, rite, | 5 |
| initiation, observance, performance, practice or
activity | 6 |
| of any actual or ostensible religious, fraternal, or social | 7 |
| group:
| 8 |
| (i) the brutalizing or torturing of humans or | 9 |
| animals;
| 10 |
| (ii) the theft of human corpses;
| 11 |
| (iii) the kidnapping of humans;
| 12 |
| (iv) the desecration of any cemetery, religious, | 13 |
| fraternal, business,
governmental, educational, or | 14 |
| other building or property; or
| 15 |
| (v) ritualized abuse of a child; or
| 16 |
| (5) When a defendant is convicted of a felony other | 17 |
| than conspiracy and
the court finds that
the felony was | 18 |
| committed under an agreement with 2 or more other persons
| 19 |
| to commit that offense and the defendant, with respect to | 20 |
| the other
individuals, occupied a position of organizer, | 21 |
| supervisor, financier, or any
other position of management | 22 |
| or leadership, and the court further finds that
the felony | 23 |
| committed was related to or in furtherance of the criminal
| 24 |
| activities of an organized gang or was motivated by the | 25 |
| defendant's leadership
in an organized gang; or
| 26 |
| (6) When a defendant is convicted of an offense |
|
|
|
SB3090 Enrolled |
- 59 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| committed while using a firearm with a
laser sight attached | 2 |
| to it. For purposes of this paragraph, "laser sight"
has | 3 |
| the meaning ascribed to it in Section 24.6-5 of the | 4 |
| Criminal Code of
1961; or
| 5 |
| (7) When a defendant who was at least 17 years of age | 6 |
| at the
time of
the commission of the offense is convicted | 7 |
| of a felony and has been previously
adjudicated a | 8 |
| delinquent minor under the Juvenile Court Act of 1987 for | 9 |
| an act
that if committed by an adult would be a Class X or | 10 |
| Class 1 felony when the
conviction has occurred within 10 | 11 |
| years after the previous adjudication,
excluding time | 12 |
| spent in custody; or
| 13 |
| (8) When a defendant commits any felony and the | 14 |
| defendant used, possessed, exercised control over, or | 15 |
| otherwise directed an animal to assault a law enforcement | 16 |
| officer engaged in the execution of his or her official | 17 |
| duties or in furtherance of the criminal activities of an | 18 |
| organized gang in which the defendant is engaged.
| 19 |
| (c) The following factors may be considered by the court as | 20 |
| reasons to impose an extended term sentence under Section 5-8-2 | 21 |
| (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | 22 |
| (1) When a defendant is convicted of first degree | 23 |
| murder, after having been previously convicted in Illinois | 24 |
| of any offense listed under paragraph (c)(2) of Section | 25 |
| 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | 26 |
| within 10 years after the previous conviction, excluding |
|
|
|
SB3090 Enrolled |
- 60 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| time spent in custody, and the charges are separately | 2 |
| brought and tried and arise out of different series of | 3 |
| acts. | 4 |
| (1.5) When a defendant is convicted of first degree | 5 |
| murder, after having been previously convicted of domestic | 6 |
| battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 7 |
| (720 ILCS 5/12-3.3) committed on the same victim or after | 8 |
| having been previously convicted of violation of an order | 9 |
| of protection (720 ILCS 5/12-30) in which the same victim | 10 |
| was the protected person. | 11 |
| (2) When a defendant is convicted of voluntary | 12 |
| manslaughter, second degree murder, involuntary | 13 |
| manslaughter, or reckless homicide in which the defendant | 14 |
| has been convicted of causing the death of more than one | 15 |
| individual. | 16 |
| (3) When a defendant is convicted of aggravated | 17 |
| criminal sexual assault or criminal sexual assault, when | 18 |
| there is a finding that aggravated criminal sexual assault | 19 |
| or criminal sexual assault was also committed on the same | 20 |
| victim by one or more other individuals, and the defendant | 21 |
| voluntarily participated in the crime with the knowledge of | 22 |
| the participation of the others in the crime, and the | 23 |
| commission of the crime was part of a single course of | 24 |
| conduct during which there was no substantial change in the | 25 |
| nature of the criminal objective. | 26 |
| (4) If the victim was under 18 years of age at the time |
|
|
|
SB3090 Enrolled |
- 61 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| of the commission of the offense, when a defendant is | 2 |
| convicted of aggravated criminal sexual assault or | 3 |
| predatory criminal sexual assault of a child under | 4 |
| subsection (a)(1) of Section 12-14.1 of the Criminal Code | 5 |
| of 1961 (720 ILCS 5/12-14.1). | 6 |
| (5) When a defendant is convicted of a felony violation | 7 |
| of Section 24-1 of the Criminal Code of 1961 (720 ILCS | 8 |
| 5/24-1) and there is a finding that the defendant is a | 9 |
| member of an organized gang. | 10 |
| (6) When a defendant was convicted of unlawful use of | 11 |
| weapons under Section 24-1 of the Criminal Code of 1961 | 12 |
| (720 ILCS 5/24-1) for possessing a weapon that is not | 13 |
| readily distinguishable as one of the weapons enumerated in | 14 |
| Section 24-1 of the Criminal Code of 1961 (720 ILCS | 15 |
| 5/24-1). | 16 |
| (7) When a defendant is convicted of an offense | 17 |
| involving the illegal manufacture of a controlled | 18 |
| substance under Section 401 of the Illinois Controlled | 19 |
| Substances Act (720 ILCS 570/401), the illegal manufacture | 20 |
| of methamphetamine under Section 25 of the Methamphetamine | 21 |
| Control and Community Protection Act (720 ILCS 646/25), or | 22 |
| the illegal possession of explosives and an emergency | 23 |
| response officer in the performance of his or her duties is | 24 |
| killed or injured at the scene of the offense while | 25 |
| responding to the emergency caused by the commission of the | 26 |
| offense. In this paragraph, "emergency" means a situation |
|
|
|
SB3090 Enrolled |
- 62 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| in which a person's life, health, or safety is in jeopardy; | 2 |
| and "emergency response officer" means a peace officer, | 3 |
| community policing volunteer, fireman, emergency medical | 4 |
| technician-ambulance, emergency medical | 5 |
| technician-intermediate, emergency medical | 6 |
| technician-paramedic, ambulance driver, other medical | 7 |
| assistance or first aid personnel, or hospital emergency | 8 |
| room personnel.
| 9 |
| (d) For the purposes of this Section, "organized gang" has | 10 |
| the meaning
ascribed to it in Section 10 of the Illinois | 11 |
| Streetgang Terrorism Omnibus
Prevention Act.
| 12 |
| (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | 13 |
| eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | 14 |
| 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; | 15 |
| 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
| 16 |
| (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| 17 |
| Sec. 5-6-4. Violation, Modification or Revocation of | 18 |
| Probation, of
Conditional Discharge or Supervision or of a | 19 |
| sentence of county impact
incarceration - Hearing.
| 20 |
| (a) Except in cases where
conditional discharge or | 21 |
| supervision was imposed for a petty offense as
defined in | 22 |
| Section 5-1-17, when a petition is filed charging a violation | 23 |
| of
a condition, the court may:
| 24 |
| (1) in the case of probation violations, order the | 25 |
| issuance of a notice
to the offender to be present by the |
|
|
|
SB3090 Enrolled |
- 63 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| County Probation Department or such
other agency | 2 |
| designated by the court to handle probation matters; and in
| 3 |
| the case of conditional discharge or supervision | 4 |
| violations, such notice
to the offender shall be issued by | 5 |
| the Circuit Court Clerk;
and in the case of a violation of | 6 |
| a sentence of county impact incarceration,
such notice | 7 |
| shall be issued by the Sheriff;
| 8 |
| (2) order a summons to the offender to be present for | 9 |
| hearing; or
| 10 |
| (3) order a warrant for the offender's arrest where | 11 |
| there is danger of
his fleeing the jurisdiction or causing | 12 |
| serious harm to others or when the
offender fails to answer | 13 |
| a summons or notice from the clerk of the court or
Sheriff.
| 14 |
| Personal service of the petition for violation of probation | 15 |
| or
the issuance of such warrant, summons or notice shall toll | 16 |
| the period of
probation, conditional discharge, supervision, | 17 |
| or sentence of
county impact incarceration until
the final | 18 |
| determination of the charge, and the term of probation,
| 19 |
| conditional discharge, supervision, or sentence of county | 20 |
| impact
incarceration shall not run until the hearing and
| 21 |
| disposition of the petition for violation.
| 22 |
| (b) The court shall conduct a hearing of the alleged | 23 |
| violation. The
court shall admit the offender to bail pending | 24 |
| the hearing unless the
alleged violation is itself a criminal | 25 |
| offense in which case the
offender shall be admitted to bail on | 26 |
| such terms as are provided in the
Code of Criminal Procedure of |
|
|
|
SB3090 Enrolled |
- 64 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| 1963, as amended. In any case where an
offender remains | 2 |
| incarcerated only as a result of his alleged violation of
the | 3 |
| court's earlier order of probation, supervision, conditional
| 4 |
| discharge, or county impact incarceration such hearing shall be | 5 |
| held within
14 days of the onset of
said incarceration, unless | 6 |
| the alleged violation is the commission of
another offense by | 7 |
| the offender during the period of probation, supervision
or | 8 |
| conditional discharge in which case such hearing shall be held | 9 |
| within
the time limits described in Section 103-5 of the Code | 10 |
| of Criminal
Procedure of 1963, as amended.
| 11 |
| (c) The State has the burden of going forward with the | 12 |
| evidence and
proving the violation by the preponderance of the | 13 |
| evidence. The evidence
shall be presented in open court with | 14 |
| the right of confrontation,
cross-examination, and | 15 |
| representation by counsel.
| 16 |
| (d) Probation, conditional discharge, periodic | 17 |
| imprisonment and
supervision shall not be revoked for failure | 18 |
| to comply with conditions
of a sentence or supervision, which | 19 |
| imposes financial obligations upon the
offender unless such | 20 |
| failure is due to his willful refusal to pay.
| 21 |
| (e) If the court finds that the offender has violated a | 22 |
| condition at
any time prior to the expiration or termination of | 23 |
| the period, it may
continue him on the existing sentence, with | 24 |
| or without modifying or
enlarging the conditions, or may impose | 25 |
| any other sentence that was
available under Article 4.5 of | 26 |
| Chapter V of this Code or Section 11-501 of the Illinois |
|
|
|
SB3090 Enrolled |
- 65 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| Vehicle Code at the time of initial sentencing.
If the court | 2 |
| finds that the person has failed to successfully complete his | 3 |
| or
her sentence to a county impact incarceration program, the | 4 |
| court may impose any
other sentence that was available under | 5 |
| Article 4.5 of Chapter V of this Code or Section 11-501 of the | 6 |
| Illinois Vehicle Code at the time of initial
sentencing,
except | 7 |
| for a sentence of probation or conditional discharge. If the | 8 |
| court finds that the offender has violated paragraph (8.6) of | 9 |
| subsection (a) of Section 5-6-3, the court shall revoke the | 10 |
| probation of the offender. If the court finds that the offender | 11 |
| has violated subsection (o) of Section 5-6-3.1, the court shall | 12 |
| revoke the supervision of the offender.
| 13 |
| (f) The conditions of probation, of conditional discharge, | 14 |
| of
supervision, or of a sentence of county impact incarceration | 15 |
| may be
modified by the court on motion of the supervising | 16 |
| agency or on its own motion or at the request of the offender | 17 |
| after
notice and a hearing.
| 18 |
| (g) A judgment revoking supervision, probation, | 19 |
| conditional
discharge, or a sentence of county impact | 20 |
| incarceration is a final
appealable order.
| 21 |
| (h) Resentencing after revocation of probation, | 22 |
| conditional
discharge, supervision, or a sentence of county | 23 |
| impact
incarceration shall be under Article 4. The term on
| 24 |
| probation, conditional discharge or supervision shall not be | 25 |
| credited by
the court against a sentence of imprisonment or | 26 |
| periodic imprisonment
unless the court orders otherwise. The |
|
|
|
SB3090 Enrolled |
- 66 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| amount of credit to be applied against a sentence of | 2 |
| imprisonment or periodic imprisonment when the defendant | 3 |
| served a term or partial term of periodic imprisonment shall be | 4 |
| calculated upon the basis of the actual days spent in | 5 |
| confinement rather than the duration of the term.
| 6 |
| (i) Instead of filing a violation of probation, conditional | 7 |
| discharge,
supervision, or a sentence of county impact | 8 |
| incarceration, an agent or
employee of the
supervising agency | 9 |
| with the concurrence of his or
her
supervisor may serve on the | 10 |
| defendant a Notice of Intermediate Sanctions.
The
Notice shall | 11 |
| contain the technical violation or violations involved, the | 12 |
| date
or dates of the violation or violations, and the | 13 |
| intermediate sanctions to be
imposed. Upon receipt of the | 14 |
| Notice, the defendant shall immediately accept or
reject the | 15 |
| intermediate sanctions. If the sanctions are accepted, they | 16 |
| shall
be imposed immediately. If the intermediate sanctions are | 17 |
| rejected or the
defendant does not respond to the Notice, a | 18 |
| violation of probation, conditional
discharge, supervision, or | 19 |
| a sentence of county impact incarceration
shall be immediately | 20 |
| filed with the court. The
State's Attorney and the sentencing | 21 |
| court shall be notified of the Notice of
Sanctions. Upon | 22 |
| successful completion of the intermediate sanctions, a court
| 23 |
| may not revoke probation, conditional discharge, supervision, | 24 |
| or a
sentence of county impact incarceration or impose
| 25 |
| additional sanctions for the same violation.
A notice of | 26 |
| intermediate sanctions may not be issued for any violation of
|
|
|
|
SB3090 Enrolled |
- 67 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| probation, conditional discharge, supervision, or a sentence | 2 |
| of county
impact incarceration which could warrant an
| 3 |
| additional, separate felony charge.
The intermediate sanctions | 4 |
| shall include a term of home detention as provided
in Article | 5 |
| 8A of Chapter V of this Code for multiple or repeat violations | 6 |
| of
the terms and conditions of a sentence of probation, | 7 |
| conditional discharge, or
supervision. | 8 |
| (j) When an offender is re-sentenced after revocation of | 9 |
| probation that was imposed in combination with a sentence of | 10 |
| imprisonment for the same offense, the aggregate of the | 11 |
| sentences may not exceed the maximum term authorized under | 12 |
| Article 4.5 of Chapter V Article 8 of this Chapter .
| 13 |
| (Source: P.A. 94-161, eff. 7-11-05; 95-35, eff. 1-1-08; | 14 |
| 95-1052, eff. 7-1-09 .)
| 15 |
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 16 |
| Sec. 5-8-1. Natural life imprisonment; enhancements for | 17 |
| use of a firearm; mandatory supervised release terms .
| 18 |
| (a) Except as otherwise provided in the statute defining | 19 |
| the offense or in Article 4.5 of Chapter V, a
sentence of | 20 |
| imprisonment for a felony shall be a determinate sentence set | 21 |
| by
the court under this Section, according to the following | 22 |
| limitations:
| 23 |
| (1) for first degree murder,
| 24 |
| (a) (blank),
| 25 |
| (b) if a trier of fact finds beyond a reasonable
|
|
|
|
SB3090 Enrolled |
- 68 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| doubt that the murder was accompanied by exceptionally
| 2 |
| brutal or heinous behavior indicative of wanton | 3 |
| cruelty or, except as set forth
in subsection (a)(1)(c) | 4 |
| of this Section, that any of the aggravating factors
| 5 |
| listed in subsection (b) of Section 9-1 of the Criminal | 6 |
| Code of 1961 are
present, the court may sentence the | 7 |
| defendant to a term of natural life
imprisonment, or
| 8 |
| (c) the court shall sentence the defendant to a | 9 |
| term of natural life
imprisonment when the death | 10 |
| penalty is not imposed if the defendant,
| 11 |
| (i) has previously been convicted of first | 12 |
| degree murder under
any state or federal law, or
| 13 |
| (ii) is a person who, at the time of the | 14 |
| commission of the murder,
had attained the age of | 15 |
| 17 or more and is found guilty of murdering an
| 16 |
| individual under 12 years of age; or, irrespective | 17 |
| of the defendant's age at
the time of the | 18 |
| commission of the offense, is found guilty of | 19 |
| murdering more
than one victim, or
| 20 |
| (iii) is found guilty of murdering a peace | 21 |
| officer, fireman, or emergency management worker | 22 |
| when
the peace officer, fireman, or emergency | 23 |
| management worker was killed in the course of | 24 |
| performing his
official duties, or to prevent the | 25 |
| peace officer or fireman from
performing his | 26 |
| official duties, or in retaliation for the peace |
|
|
|
SB3090 Enrolled |
- 69 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| officer,
fireman, or emergency management worker | 2 |
| from performing his official duties, and the | 3 |
| defendant knew or should
have known that the | 4 |
| murdered individual was a peace officer, fireman, | 5 |
| or emergency management worker, or
| 6 |
| (iv) is found guilty of murdering an employee | 7 |
| of an institution or
facility of the Department of | 8 |
| Corrections, or any similar local
correctional | 9 |
| agency, when the employee was killed in the course | 10 |
| of
performing his official duties, or to prevent | 11 |
| the employee from performing
his official duties, | 12 |
| or in retaliation for the employee performing his
| 13 |
| official duties, or
| 14 |
| (v) is found guilty of murdering an emergency | 15 |
| medical
technician - ambulance, emergency medical | 16 |
| technician - intermediate, emergency
medical | 17 |
| technician - paramedic, ambulance driver or other | 18 |
| medical assistance or
first aid person while | 19 |
| employed by a municipality or other governmental | 20 |
| unit
when the person was killed in the course of | 21 |
| performing official duties or
to prevent the | 22 |
| person from performing official duties or in | 23 |
| retaliation
for performing official duties and the | 24 |
| defendant knew or should have known
that the | 25 |
| murdered individual was an emergency medical | 26 |
| technician - ambulance,
emergency medical |
|
|
|
SB3090 Enrolled |
- 70 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| technician - intermediate, emergency medical
| 2 |
| technician - paramedic, ambulance driver, or other | 3 |
| medical
assistant or first aid personnel, or
| 4 |
| (vi) is a person who, at the time of the | 5 |
| commission of the murder,
had not attained the age | 6 |
| of 17, and is found guilty of murdering a person | 7 |
| under
12 years of age and the murder is committed | 8 |
| during the course of aggravated
criminal sexual | 9 |
| assault, criminal sexual assault, or aggravated | 10 |
| kidnaping,
or
| 11 |
| (vii) is found guilty of first degree murder | 12 |
| and the murder was
committed by reason of any | 13 |
| person's activity as a community policing | 14 |
| volunteer
or to prevent any person from engaging in | 15 |
| activity as a community policing
volunteer. For | 16 |
| the purpose of this Section, "community policing | 17 |
| volunteer"
has the meaning ascribed to it in | 18 |
| Section 2-3.5 of the Criminal Code of 1961.
| 19 |
| For purposes of clause (v), "emergency medical | 20 |
| technician - ambulance",
"emergency medical technician - | 21 |
| intermediate", "emergency medical technician -
| 22 |
| paramedic", have the meanings ascribed to them in the | 23 |
| Emergency Medical
Services (EMS) Systems Act.
| 24 |
| (d) (i) if the person committed the offense while | 25 |
| armed with a
firearm, 15 years shall be added to | 26 |
| the term of imprisonment imposed by the
court;
|
|
|
|
SB3090 Enrolled |
- 71 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| (ii) if, during the commission of the offense, | 2 |
| the person
personally discharged a firearm, 20 | 3 |
| years shall be added to the term of
imprisonment | 4 |
| imposed by the court;
| 5 |
| (iii) if, during the commission of the | 6 |
| offense, the person
personally discharged a | 7 |
| firearm that proximately caused great bodily harm,
| 8 |
| permanent disability, permanent disfigurement, or | 9 |
| death to another person, 25
years or up to a term | 10 |
| of natural life shall be added to the term of
| 11 |
| imprisonment imposed by the court.
| 12 |
| (2) (blank);
| 13 |
| (2.5) for a person convicted under the circumstances | 14 |
| described in
paragraph (3) of subsection (b) of Section | 15 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 16 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 17 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 18 |
| Criminal Code of 1961, the sentence shall be a term of | 19 |
| natural life
imprisonment.
| 20 |
| (b) (Blank . ) .
| 21 |
| (c) (Blank . ) .
| 22 |
| (d) Subject to
earlier termination under Section 3-3-8, the | 23 |
| parole or mandatory
supervised release term shall be as | 24 |
| follows:
| 25 |
| (1) for first degree murder or a Class X felony except | 26 |
| for the offenses of predatory criminal sexual assault of a |
|
|
|
SB3090 Enrolled |
- 72 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| child, aggravated criminal sexual assault, and criminal | 2 |
| sexual assault if committed on or after the effective date | 3 |
| of this amendatory Act of the 94th General Assembly and | 4 |
| except for the offense of aggravated child pornography | 5 |
| under Section 11-20.3 of the Criminal Code of 1961, if | 6 |
| committed on or after January 1, 2009, 3 years;
| 7 |
| (2) for a Class 1 felony or a Class 2 felony except for | 8 |
| the offense of criminal sexual assault if committed on or | 9 |
| after the effective date of this amendatory Act of the 94th | 10 |
| General Assembly and except for the offenses of manufacture | 11 |
| and dissemination of child pornography under clauses | 12 |
| (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 13 |
| of 1961, if committed on or after January 1, 2009, 2 years;
| 14 |
| (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 15 |
| (4) for defendants who commit the offense of predatory | 16 |
| criminal sexual assault of a child, aggravated criminal | 17 |
| sexual assault, or criminal sexual assault, on or after the | 18 |
| effective date of this amendatory Act of the 94th General | 19 |
| Assembly, or who commit the offense of aggravated child | 20 |
| pornography, manufacture of child pornography, or | 21 |
| dissemination of child pornography after January 1, 2009, | 22 |
| the term of mandatory supervised release shall range from a | 23 |
| minimum of 3 years to a maximum of the natural life of the | 24 |
| defendant;
| 25 |
| (5) if the victim is under 18 years of age, for a | 26 |
| second or subsequent
offense of aggravated criminal sexual |
|
|
|
SB3090 Enrolled |
- 73 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| abuse or felony criminal sexual abuse,
4 years, at least | 2 |
| the first 2 years of which the defendant shall serve in an
| 3 |
| electronic home detention program under Article 8A of | 4 |
| Chapter V of this Code;
| 5 |
| (6) for a felony domestic battery, aggravated domestic | 6 |
| battery, stalking, aggravated stalking, and a felony | 7 |
| violation of an order of protection, 4 years. | 8 |
| (e) (Blank . ) .
| 9 |
| (f) (Blank . ) .
| 10 |
| (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | 11 |
| 96-282, eff. 1-1-10; revised 9-4-09.)
| 12 |
| (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
| 13 |
| Sec. 5-8-2. Extended Term.
| 14 |
| (a) A judge shall not sentence an
offender to a term of | 15 |
| imprisonment in excess of the maximum
sentence authorized by | 16 |
| Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V | 17 |
| for an offense or offenses within the class of the most
serious | 18 |
| offense of which the offender was convicted unless the
factors | 19 |
| in aggravation set forth in Section
5-5-3.2 or clause (a)(1)(b) | 20 |
| of Section 5-8-1 were found to be present.
If the pre-trial and | 21 |
| trial proceedings were
conducted in compliance with subsection | 22 |
| (c-5) of Section 111-3 of the Code of
Criminal Procedure of | 23 |
| 1963, the judge may sentence an offender to an extended term as | 24 |
| provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. | 25 |
| 4.5).
|
|
|
|
SB3090 Enrolled |
- 74 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| (b) If the conviction was by plea, it shall appear on the
| 2 |
| record that the plea was entered with the defendant's knowledge
| 3 |
| that a sentence under this Section was a possibility. If it
| 4 |
| does not so appear on the record, the defendant shall not be
| 5 |
| subject to such a sentence unless he is first given an
| 6 |
| opportunity to withdraw his plea without prejudice.
| 7 |
| (Source: P.A. 95-1052, eff. 7-1-09 .)
| 8 |
| (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| 9 |
| Sec. 5-8-4. Concurrent and consecutive terms of | 10 |
| imprisonment .
| 11 |
| (a) Concurrent terms; multiple or additional sentences. | 12 |
| When an Illinois court (i) imposes multiple sentences of | 13 |
| imprisonment on a defendant at the same time or (ii) imposes a | 14 |
| sentence of imprisonment on a defendant who is already subject | 15 |
| to a sentence of imprisonment imposed by an Illinois court, a | 16 |
| court of another state, or a federal court, then the sentences | 17 |
| shall run concurrently unless otherwise determined by the | 18 |
| Illinois court under this Section. | 19 |
| (b) Concurrent terms; misdemeanor and felony. A defendant | 20 |
| serving a sentence for a
misdemeanor who is convicted of a | 21 |
| felony and sentenced to imprisonment shall be transferred to | 22 |
| the Department of Corrections, and the misdemeanor sentence | 23 |
| shall be merged in and run concurrently with the felony | 24 |
| sentence. | 25 |
| (c) Consecutive terms; permissive. The court may impose |
|
|
|
SB3090 Enrolled |
- 75 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| consecutive sentences in any of the following circumstances: | 2 |
| (1) If, having regard to the nature and circumstances | 3 |
| of the offense and the history
and character of the | 4 |
| defendant, it is the opinion of the court that consecutive | 5 |
| sentences are
required to protect the public from further | 6 |
| criminal conduct by the defendant, the basis for which the | 7 |
| court shall set forth in the record. | 8 |
| (2) If one of the offenses for which a defendant was | 9 |
| convicted was a violation of
Section 32-5.2 (aggravated | 10 |
| false personation of a peace officer) of the Criminal Code | 11 |
| of 1961
(720 ILCS 5/32-5.2) and the offense was committed | 12 |
| in attempting or committing a forcible felony.
| 13 |
| (d) Consecutive terms; mandatory. The court shall impose | 14 |
| consecutive sentences in each of the following circumstances: | 15 |
| (1) One of the offenses for which the defendant was | 16 |
| convicted was first degree
murder or a Class X or Class 1 | 17 |
| felony and the defendant inflicted severe bodily injury. | 18 |
| (2) The defendant was convicted of a violation of | 19 |
| Section 12-13 (criminal sexual
assault), 12-14 (aggravated | 20 |
| criminal sexual assault), or 12-14.1 (predatory criminal | 21 |
| sexual assault of a child) of the Criminal Code of 1961 | 22 |
| (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1). | 23 |
| (3) The defendant was convicted of armed violence based | 24 |
| upon the predicate
offense of any of the following: | 25 |
| solicitation of murder, solicitation of murder for hire, | 26 |
| heinous battery, aggravated battery of a senior citizen, |
|
|
|
SB3090 Enrolled |
- 76 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| criminal sexual assault, a violation of subsection (g) of | 2 |
| Section 5 of the Cannabis Control Act (720 ILCS 550/5), | 3 |
| cannabis trafficking, a violation of subsection (a) of | 4 |
| Section 401 of the Illinois Controlled Substances Act (720 | 5 |
| ILCS 570/401), controlled substance trafficking involving | 6 |
| a Class X felony amount of controlled substance under | 7 |
| Section 401 of the Illinois Controlled Substances Act (720 | 8 |
| ILCS 570/401), a violation of the Methamphetamine Control | 9 |
| and Community Protection Act (720 ILCS 646/), calculated | 10 |
| criminal drug conspiracy, or streetgang criminal drug | 11 |
| conspiracy. | 12 |
| (4) The defendant was convicted of the offense of | 13 |
| leaving the scene of a motor
vehicle accident involving | 14 |
| death or personal injuries under Section 11-401 of the | 15 |
| Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | 16 |
| aggravated driving under the influence of alcohol, other | 17 |
| drug or drugs, or intoxicating compound or compounds, or | 18 |
| any combination thereof under Section 11-501 of the | 19 |
| Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | 20 |
| homicide under Section 9-3 of the Criminal Code of 1961 | 21 |
| (720 ILCS 5/9-3), or (C) both an offense described in item | 22 |
| (A) and an offense described in item (B). | 23 |
| (5) The defendant was convicted of a violation of | 24 |
| Section 9-3.1 (concealment of homicidal death) or Section | 25 |
| 12-20.5 (dismembering a human body) of the Criminal Code of | 26 |
| 1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or |
|
|
|
SB3090 Enrolled |
- 77 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| (5.5) The (vi) the defendant was convicted of a | 2 |
| violation of Section 24-3.7 (use of a stolen firearm in the | 3 |
| commission of an offense) of the Criminal Code of 1961 . , | 4 |
| (6) If the defendant was in the custody of the | 5 |
| Department of Corrections at the
time of the commission of | 6 |
| the offense, the sentence shall be served consecutive to | 7 |
| the sentence under which the defendant is held by the | 8 |
| Department of Corrections. If, however, the defendant is | 9 |
| sentenced to punishment by death, the sentence shall be | 10 |
| executed at such time as the court may fix without regard | 11 |
| to the sentence under which the defendant may be held by | 12 |
| the Department. | 13 |
| (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | 14 |
| for escape or attempted escape shall be served
consecutive | 15 |
| to the terms under which the offender is held by the | 16 |
| Department of Corrections. | 17 |
| (8) If a person charged with a felony commits a | 18 |
| separate felony while on pretrial
release or in pretrial | 19 |
| detention in a county jail facility or county detention | 20 |
| facility, then the sentences imposed upon conviction of | 21 |
| these felonies shall be served consecutively regardless of | 22 |
| the order in which the judgments of conviction are entered. | 23 |
| (8.5) If a person commits a battery against a county | 24 |
| correctional officer or sheriff's employee while serving a | 25 |
| sentence or in pretrial detention in a county jail | 26 |
| facility, then the sentence imposed upon conviction of the |
|
|
|
SB3090 Enrolled |
- 78 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| battery shall be served consecutively with the sentence | 2 |
| imposed upon conviction of the earlier misdemeanor or | 3 |
| felony, regardless of the order in which the
judgments of | 4 |
| conviction are entered. | 5 |
| (9) If a person admitted to bail following conviction | 6 |
| of a felony commits a
separate felony while free on bond or | 7 |
| if a person detained in a county jail facility or county | 8 |
| detention facility following conviction of a felony | 9 |
| commits a separate felony while in detention, then any | 10 |
| sentence following conviction of the separate felony shall | 11 |
| be consecutive to that of the original sentence for which | 12 |
| the defendant was on bond or detained.
| 13 |
| (10) If a person is found to be in possession of an | 14 |
| item of contraband, as defined in clause (c)(2) of Section | 15 |
| 31A-1.1 of the Criminal Code of 1961, while serving a | 16 |
| sentence in a county jail or while in pre-trial detention | 17 |
| in a county jail, the sentence imposed upon conviction for | 18 |
| the offense of possessing contraband in a penal institution | 19 |
| shall be served consecutively to the sentence imposed for | 20 |
| the offense in which the person is serving sentence in the | 21 |
| county jail or serving pretrial detention, regardless of | 22 |
| the order in which the judgments of conviction are entered. | 23 |
| (11) If a person is sentenced for a violation of bail | 24 |
| bond under Section 32-10 of the Criminal Code of 1961, any | 25 |
| sentence imposed for that violation shall be served
| 26 |
| consecutive to the sentence imposed for the charge for |
|
|
|
SB3090 Enrolled |
- 79 - |
LRB096 19623 RLC 35019 b |
|
| 1 |
| which bail had been
granted and with respect to which the | 2 |
| defendant has been convicted. | 3 |
| (e) Consecutive terms; subsequent non-Illinois term. If an | 4 |
| Illinois court has imposed a
sentence of imprisonment on a | 5 |
| defendant and the defendant is subsequently sentenced to a term | 6 |
| of imprisonment by a court of another state or a federal court, | 7 |
| then the Illinois sentence shall run consecutively to the | 8 |
| sentence imposed by the court of the other state or the federal | 9 |
| court. That same Illinois court, however, may order that the | 10 |
| Illinois sentence run concurrently with the sentence imposed by | 11 |
| the court of the other state or the federal court, but only if | 12 |
| the defendant applies to that same Illinois court within 30 | 13 |
| days after the sentence imposed by the court of the other state | 14 |
| or the federal court is finalized. | 15 |
| (f) Consecutive terms; aggregate maximums and minimums. | 16 |
| The aggregate maximum
and aggregate minimum of consecutive | 17 |
| sentences shall be determined as follows: | 18 |
| (1) For sentences imposed under law in effect prior to | 19 |
| February 1, 1978, the
aggregate maximum of consecutive | 20 |
| sentences shall not exceed the maximum term authorized | 21 |
| under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | 22 |
| Chapter V for the 2 most serious felonies involved. The | 23 |
| aggregate minimum period of consecutive sentences shall | 24 |
| not exceed the highest minimum term authorized under | 25 |
| Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | 26 |
| V for the 2 most serious felonies involved. When sentenced |
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| only for misdemeanors, a defendant shall not be | 2 |
| consecutively sentenced to more than the maximum for one | 3 |
| Class A misdemeanor. | 4 |
| (2) For sentences imposed under the law in effect on or | 5 |
| after February 1, 1978,
the aggregate of consecutive | 6 |
| sentences for offenses that were committed as part of a | 7 |
| single
course of conduct during which there was no | 8 |
| substantial change in the nature of the criminal objective | 9 |
| shall not exceed the sum of the maximum terms authorized | 10 |
| under Article 4.5 of Chapter V Section 5-8-2 (730 ILCS | 11 |
| 5/5-8-2) for the 2 most serious felonies involved, but no | 12 |
| such limitation shall apply for offenses that were not | 13 |
| committed as part of a single course of conduct during | 14 |
| which there was no substantial change in the nature of the | 15 |
| criminal objective. When sentenced only for misdemeanors, | 16 |
| a defendant shall not be consecutively sentenced to more | 17 |
| than the maximum for one Class A misdemeanor.
| 18 |
| (g) Consecutive terms; manner served. In determining the | 19 |
| manner in which consecutive sentences of imprisonment, one or | 20 |
| more of which is for a felony, will be served, the Department | 21 |
| of Corrections shall treat the defendant as though he or she | 22 |
| had been committed for a single term subject to each of the | 23 |
| following: | 24 |
| (1) The maximum period of a term of imprisonment shall | 25 |
| consist of the aggregate
of the maximums of the imposed | 26 |
| indeterminate terms, if any, plus the aggregate of the |
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| imposed determinate sentences for felonies, plus the | 2 |
| aggregate of the imposed determinate sentences for | 3 |
| misdemeanors, subject to subsection (f) of this Section. | 4 |
| (2) The parole or mandatory supervised release term | 5 |
| shall be as provided in
paragraph (e) of Section 5-4.5-50 | 6 |
| (730 ILCS 5/5-4.5-50) for the most serious of the offenses | 7 |
| involved. | 8 |
| (3) The minimum period of imprisonment shall be the | 9 |
| aggregate of the minimum
and determinate periods of | 10 |
| imprisonment imposed by the court, subject to subsection | 11 |
| (f) of this Section. | 12 |
| (4) The defendant shall be awarded credit against the | 13 |
| aggregate maximum term
and the aggregate minimum term of | 14 |
| imprisonment for all time served in an institution since | 15 |
| the commission of the offense or offenses and as a | 16 |
| consequence thereof at the rate specified in
Section 3-6-3 | 17 |
| (730 ILCS 5/3-6-3).
| 18 |
| (Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09; | 19 |
| 95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
| 20 |
| (730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
| 21 |
| Sec. 5-9-1.3.
Fines for offenses involving theft, | 22 |
| deceptive practices, and
offenses against units of local | 23 |
| government or school districts.
| 24 |
| (a) When a person
has been adjudged guilty of a felony | 25 |
| under
Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, 16-9 or 17-1 |
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| of the Criminal Code of 1961, a fine may be
levied by the court | 2 |
| in an amount which is the greater of $25,000 or twice
the value | 3 |
| of the property which is the subject of the offense.
| 4 |
| (b) When a person has been convicted of a felony under | 5 |
| Section 16-1 of the
Criminal Code of 1961 and the theft was | 6 |
| committed upon any unit of local
government or school district, | 7 |
| or
the person has been convicted of any violation of Sections | 8 |
| 33C-1 through 33C-4
or Sections 33E-3 through 33E-18 of the | 9 |
| Criminal Code of 1961, a fine may be
levied by the
court in an | 10 |
| amount that is the greater of $25,000 or treble the value of | 11 |
| the
property which is the subject of the offense or loss to the | 12 |
| unit of local
government or school district.
| 13 |
| (c) All fines imposed under subsection (b) of this Section | 14 |
| shall be
distributed as follows:
| 15 |
| (1) An amount equal to 30% shall be distributed to the | 16 |
| unit of local
government or school district
that was the | 17 |
| victim of the offense;
| 18 |
| (2) An amount equal to 30% shall be distributed to the | 19 |
| unit of local
government whose officers or employees | 20 |
| conducted the investigation into the
crimes against the | 21 |
| unit of local government or school district. Amounts
| 22 |
| distributed to units of local
government shall be used | 23 |
| solely for the enforcement of criminal laws protecting
| 24 |
| units of local government or school districts;
| 25 |
| (3) An amount equal to 30% shall be distributed to the | 26 |
| State's Attorney of
the county in which the prosecution |
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| resulting in the conviction was instituted.
The funds shall | 2 |
| be used solely for the enforcement of criminal laws | 3 |
| protecting
units of local government or school districts; | 4 |
| and
| 5 |
| (4) An amount equal to 10% shall be distributed to the | 6 |
| circuit court clerk
of the
county where the prosecution | 7 |
| resulting in the conviction was instituted.
| 8 |
| (d) A fine order under subsection (b) of this Section is a | 9 |
| judgment lien in
favor of the victim unit of local government | 10 |
| or school district, the State's
Attorney of the county where
| 11 |
| the
violation
occurred, the law enforcement agency that | 12 |
| investigated the violation, and the
circuit court clerk.
| 13 |
| (Source: P.A. 90-800, eff. 1-1-99.)
| 14 |
| Section 90. Applicability. This amendatory Act of the 96th | 15 |
| General Assembly shall not be construed to invalidate any | 16 |
| sentence imposed before the effective date of this amendatory | 17 |
| Act of the 96th General Assembly because of the amendatory | 18 |
| changes made by this amendatory Act of the 96th General | 19 |
| Assembly and this amendatory Act shall be applied | 20 |
| prospectively. | 21 |
| Section 95. No acceleration or delay. Where this Act makes | 22 |
| changes in a statute that is represented in this Act by text | 23 |
| that is not yet or no longer in effect (for example, a Section | 24 |
| represented by multiple versions), the use of that text does |
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| not accelerate or delay the taking effect of (i) the changes | 2 |
| made by this Act or (ii) provisions derived from any other | 3 |
| Public Act.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|