Full Text of HB5475 100th General Assembly
HB5475 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5475 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
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Amends the Criminal Code of 2012. Increases the penalty for unlawful use of weapons by selling, manufacturing, purchasing, possessing, or carrying a machine gun, other than in the passenger compartment of a motor vehicle or on one's person if the weapon is loaded, from a Class 2 felony, with a mandatory sentence of not less than 3 years and not more than 7 years imprisonment to a Class 1 felony, with a mandatory sentence of not less than 4 years and not more than 15 years imprisonment. Amends the Unified Code of Corrections. Provides that a person serving a sentence for this violation shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment (rather than day for day sentence credit).
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 24-1 as follows:
| 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 7 | | Sec. 24-1. Unlawful use of weapons.
| 8 | | (a) A person commits the offense of unlawful use of weapons | 9 | | when
he knowingly:
| 10 | | (1) Sells, manufactures, purchases, possesses or | 11 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 12 | | sand-bag, metal knuckles or other knuckle weapon | 13 | | regardless of its composition, throwing star,
or any knife, | 14 | | commonly referred to as a switchblade knife, which has a
| 15 | | blade that opens automatically by hand pressure applied to | 16 | | a button,
spring or other device in the handle of the | 17 | | knife, or a ballistic knife,
which is a device that propels | 18 | | a knifelike blade as a projectile by means
of a coil | 19 | | spring, elastic material or compressed gas; or
| 20 | | (2) Carries or possesses with intent to use the same | 21 | | unlawfully
against another, a dagger, dirk, billy, | 22 | | dangerous knife, razor,
stiletto, broken bottle or other | 23 | | piece of glass, stun gun or taser or
any other dangerous or |
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| 1 | | deadly weapon or instrument of like character; or
| 2 | | (3) Carries on or about his person or in any vehicle, a | 3 | | tear gas gun
projector or bomb or any object containing | 4 | | noxious liquid gas or
substance, other than an object | 5 | | containing a non-lethal noxious liquid gas
or substance | 6 | | designed solely for personal defense carried by a person 18
| 7 | | years of age or older; or
| 8 | | (4) Carries or possesses in any vehicle or concealed on | 9 | | or about his
person except when on his land or in his own | 10 | | abode, legal dwelling, or fixed place of
business, or on | 11 | | the land or in the legal dwelling of another person as an | 12 | | invitee with that person's permission, any pistol, | 13 | | revolver, stun gun or taser or other firearm, except
that
| 14 | | this subsection (a) (4) does not apply to or affect | 15 | | transportation of weapons
that meet one of the following | 16 | | conditions:
| 17 | | (i) are broken down in a non-functioning state; or
| 18 | | (ii) are not immediately accessible; or
| 19 | | (iii) are unloaded and enclosed in a case, firearm | 20 | | carrying box,
shipping box, or other container by a | 21 | | person who has been issued a currently
valid Firearm | 22 | | Owner's
Identification Card; or | 23 | | (iv) are carried or possessed in accordance with | 24 | | the Firearm Concealed Carry Act by a person who has | 25 | | been issued a currently valid license under the Firearm | 26 | | Concealed Carry Act; or
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| 1 | | (5) Sets a spring gun; or
| 2 | | (6) Possesses any device or attachment of any kind | 3 | | designed, used or
intended for use in silencing the report | 4 | | of any firearm; or
| 5 | | (7) Sells, manufactures, purchases, possesses or | 6 | | carries:
| 7 | | (i) a machine gun, which shall be defined for the | 8 | | purposes of this
subsection as any weapon,
which | 9 | | shoots, is designed to shoot, or can be readily | 10 | | restored to shoot,
automatically more than one shot | 11 | | without manually reloading by a single
function of the | 12 | | trigger, including the frame or receiver
of any such | 13 | | weapon, or sells, manufactures, purchases, possesses, | 14 | | or
carries any combination of parts designed or | 15 | | intended for
use in converting any weapon into a | 16 | | machine gun, or any combination or
parts from which a | 17 | | machine gun can be assembled if such parts are in the
| 18 | | possession or under the control of a person;
| 19 | | (ii) any rifle having one or
more barrels less than | 20 | | 16 inches in length or a shotgun having one or more
| 21 | | barrels less than 18 inches in length or any weapon | 22 | | made from a rifle or
shotgun, whether by alteration, | 23 | | modification, or otherwise, if such a weapon
as | 24 | | modified has an overall length of less than 26 inches; | 25 | | or
| 26 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
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| 1 | | other container containing an
explosive substance of | 2 | | over one-quarter ounce for like purposes, such
as, but | 3 | | not limited to, black powder bombs and Molotov | 4 | | cocktails or
artillery projectiles; or
| 5 | | (8) Carries or possesses any firearm, stun gun or taser | 6 | | or other
deadly weapon in any place which is licensed to | 7 | | sell intoxicating
beverages, or at any public gathering | 8 | | held pursuant to a license issued
by any governmental body | 9 | | or any public gathering at which an admission
is charged, | 10 | | excluding a place where a showing, demonstration or lecture
| 11 | | involving the exhibition of unloaded firearms is | 12 | | conducted.
| 13 | | This subsection (a)(8) does not apply to any auction or | 14 | | raffle of a firearm
held pursuant to
a license or permit | 15 | | issued by a governmental body, nor does it apply to persons
| 16 | | engaged
in firearm safety training courses; or
| 17 | | (9) Carries or possesses in a vehicle or on or about | 18 | | his person any
pistol, revolver, stun gun or taser or | 19 | | firearm or ballistic knife, when
he is hooded, robed or | 20 | | masked in such manner as to conceal his identity; or
| 21 | | (10) Carries or possesses on or about his person, upon | 22 | | any public street,
alley, or other public lands within the | 23 | | corporate limits of a city, village
or incorporated town, | 24 | | except when an invitee thereon or therein, for the
purpose | 25 | | of the display of such weapon or the lawful commerce in | 26 | | weapons, or
except when on his land or in his own abode, |
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| 1 | | legal dwelling, or fixed place of business, or on the land | 2 | | or in the legal dwelling of another person as an invitee | 3 | | with that person's permission, any
pistol, revolver, stun | 4 | | gun or taser or other firearm, except that this
subsection | 5 | | (a) (10) does not apply to or affect transportation of | 6 | | weapons that
meet one of the following conditions:
| 7 | | (i) are broken down in a non-functioning state; or
| 8 | | (ii) are not immediately accessible; or
| 9 | | (iii) are unloaded and enclosed in a case, firearm | 10 | | carrying box,
shipping box, or other container by a | 11 | | person who has been issued a currently
valid Firearm | 12 | | Owner's
Identification Card; or
| 13 | | (iv) are carried or possessed in accordance with | 14 | | the Firearm Concealed Carry Act by a person who has | 15 | | been issued a currently valid license under the Firearm | 16 | | Concealed Carry Act. | 17 | | A "stun gun or taser", as used in this paragraph (a) | 18 | | means (i) any device
which is powered by electrical | 19 | | charging units, such as, batteries, and
which fires one or | 20 | | several barbs attached to a length of wire and
which, upon | 21 | | hitting a human, can send out a current capable of | 22 | | disrupting
the person's nervous system in such a manner as | 23 | | to render him incapable of
normal functioning or (ii) any | 24 | | device which is powered by electrical
charging units, such | 25 | | as batteries, and which, upon contact with a human or
| 26 | | clothing worn by a human, can send out current capable of |
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| 1 | | disrupting
the person's nervous system in such a manner as | 2 | | to render him incapable
of normal functioning; or
| 3 | | (11) Sells, manufactures or purchases any explosive | 4 | | bullet. For purposes
of this paragraph (a) "explosive | 5 | | bullet" means the projectile portion of
an ammunition | 6 | | cartridge which contains or carries an explosive charge | 7 | | which
will explode upon contact with the flesh of a human | 8 | | or an animal.
"Cartridge" means a tubular metal case having | 9 | | a projectile affixed at the
front thereof and a cap or | 10 | | primer at the rear end thereof, with the
propellant | 11 | | contained in such tube between the projectile and the cap; | 12 | | or
| 13 | | (12) (Blank); or
| 14 | | (13) Carries or possesses on or about his or her person | 15 | | while in a building occupied by a unit of government, a | 16 | | billy club, other weapon of like character, or other | 17 | | instrument of like character intended for use as a weapon. | 18 | | For the purposes of this Section, "billy club" means a | 19 | | short stick or club commonly carried by police officers | 20 | | which is either telescopic or constructed of a solid piece | 21 | | of wood or other man-made material. | 22 | | (b) Sentence. A person convicted of a violation of | 23 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 24 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 25 | | Class A
misdemeanor.
A person convicted of a violation of | 26 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
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| 1 | | person
convicted of a violation of subsection 24-1(a)(6) or | 2 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 3 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 4 | | Class 1 2 felony and shall be sentenced to a term of | 5 | | imprisonment of not less than 4 3 years and not more than 15 7 | 6 | | years, unless the weapon is possessed in the
passenger | 7 | | compartment of a motor vehicle as defined in Section 1-146 of | 8 | | the
Illinois Vehicle Code, or on the person, while the weapon | 9 | | is loaded, in which
case it shall be a Class X felony. A person | 10 | | convicted of a
second or subsequent violation of subsection | 11 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 12 | | Class 3 felony. The possession of each weapon in violation of | 13 | | this Section constitutes a single and separate violation.
| 14 | | (c) Violations in specific places.
| 15 | | (1) A person who violates subsection 24-1(a)(6) or | 16 | | 24-1(a)(7) (ii) or (iii) in any
school, regardless of the | 17 | | time of day or the time of year, in residential
property | 18 | | owned, operated or managed by a public housing agency or
| 19 | | leased by
a public housing agency as part of a scattered | 20 | | site or mixed-income
development, in a
public park, in a | 21 | | courthouse, on the real property comprising any school,
| 22 | | regardless of the
time of day or the time of year, on | 23 | | residential property owned, operated
or
managed by a public | 24 | | housing agency
or leased by a public housing agency as part | 25 | | of a scattered site or
mixed-income development,
on the | 26 | | real property comprising any
public park, on the real |
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| 1 | | property comprising any courthouse, in any conveyance
| 2 | | owned, leased or contracted by a school to
transport | 3 | | students to or from school or a school related activity, in | 4 | | any conveyance
owned, leased, or contracted by a public | 5 | | transportation agency, or on any
public way within 1,000 | 6 | | feet of the real property comprising any school,
public | 7 | | park, courthouse, public transportation facility, or | 8 | | residential property owned, operated, or managed
by a | 9 | | public housing agency
or leased by a public housing agency | 10 | | as part of a scattered site or
mixed-income development
| 11 | | commits a Class 2 felony and shall be sentenced to a term | 12 | | of imprisonment of not less than 3 years and not more than | 13 | | 7 years.
| 14 | | (1.5) A person who violates subsection 24-1(a)(4), | 15 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 16 | | time of day or the time of year,
in residential property | 17 | | owned, operated, or managed by a public
housing
agency
or | 18 | | leased by a public housing agency as part of a scattered | 19 | | site or
mixed-income development,
in
a public
park, in a | 20 | | courthouse, on the real property comprising any school, | 21 | | regardless
of the time of day or the time of year, on | 22 | | residential property owned,
operated, or managed by a | 23 | | public housing agency
or leased by a public housing agency | 24 | | as part of a scattered site or
mixed-income development,
on | 25 | | the real property
comprising any public park, on the real | 26 | | property comprising any courthouse, in
any conveyance |
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| 1 | | owned, leased, or contracted by a school to transport | 2 | | students
to or from school or a school related activity, in | 3 | | any conveyance
owned, leased, or contracted by a public | 4 | | transportation agency, or on any public way within
1,000 | 5 | | feet of the real property comprising any school, public | 6 | | park, courthouse,
public transportation facility, or | 7 | | residential property owned, operated, or managed by a | 8 | | public
housing agency
or leased by a public housing agency | 9 | | as part of a scattered site or
mixed-income development
| 10 | | commits a Class 3 felony.
| 11 | | (2) A person who violates subsection 24-1(a)(1), | 12 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 13 | | time of day or the time of year, in
residential property | 14 | | owned, operated or managed by a public housing
agency
or | 15 | | leased by a public housing agency as part of a scattered | 16 | | site or
mixed-income development,
in
a public park, in a | 17 | | courthouse, on the real property comprising any school,
| 18 | | regardless of the time of day or the time of year, on | 19 | | residential property
owned, operated or managed by a public | 20 | | housing agency
or leased by a public housing agency as part | 21 | | of a scattered site or
mixed-income development,
on the | 22 | | real property
comprising any public park, on the real | 23 | | property comprising any courthouse, in
any conveyance | 24 | | owned, leased or contracted by a school to transport | 25 | | students
to or from school or a school related activity, in | 26 | | any conveyance
owned, leased, or contracted by a public |
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| 1 | | transportation agency, or on any public way within
1,000 | 2 | | feet of the real property comprising any school, public | 3 | | park, courthouse,
public transportation facility, or | 4 | | residential property owned, operated, or managed by a | 5 | | public
housing agency or leased by a public housing agency | 6 | | as part of a scattered
site or mixed-income development | 7 | | commits a Class 4 felony. "Courthouse"
means any building | 8 | | that is used by the Circuit, Appellate, or Supreme Court of
| 9 | | this State for the conduct of official business.
| 10 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 11 | | (c) shall not
apply to law
enforcement officers or security | 12 | | officers of such school, college, or
university or to | 13 | | students carrying or possessing firearms for use in | 14 | | training
courses, parades, hunting, target shooting on | 15 | | school ranges, or otherwise with
the consent of school | 16 | | authorities and which firearms are transported unloaded
| 17 | | enclosed in a suitable case, box, or transportation | 18 | | package.
| 19 | | (4) For the purposes of this subsection (c), "school" | 20 | | means any public or
private elementary or secondary school, | 21 | | community college, college, or
university.
| 22 | | (5) For the purposes of this subsection (c), "public | 23 | | transportation agency" means a public or private agency | 24 | | that provides for the transportation or conveyance of
| 25 | | persons by means available to the general public, except | 26 | | for transportation
by automobiles not used for conveyance |
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| 1 | | of the general public as passengers; and "public | 2 | | transportation facility" means a terminal or other place
| 3 | | where one may obtain public transportation.
| 4 | | (d) The presence in an automobile other than a public | 5 | | omnibus of any
weapon, instrument or substance referred to in | 6 | | subsection (a)(7) is
prima facie evidence that it is in the | 7 | | possession of, and is being
carried by, all persons occupying | 8 | | such automobile at the time such
weapon, instrument or | 9 | | substance is found, except under the following
circumstances: | 10 | | (i) if such weapon, instrument or instrumentality is
found upon | 11 | | the person of one of the occupants therein; or (ii) if such
| 12 | | weapon, instrument or substance is found in an automobile | 13 | | operated for
hire by a duly licensed driver in the due, lawful | 14 | | and proper pursuit of
his trade, then such presumption shall | 15 | | not apply to the driver.
| 16 | | (e) Exemptions. | 17 | | (1) Crossbows, Common or Compound bows and Underwater
| 18 | | Spearguns are exempted from the definition of ballistic | 19 | | knife as defined in
paragraph (1) of subsection (a) of this | 20 | | Section. | 21 | | (2) The provision of paragraph (1) of subsection (a) of | 22 | | this Section prohibiting the sale, manufacture, purchase, | 23 | | possession, or carrying of any knife, commonly referred to | 24 | | as a switchblade knife, which has a
blade that opens | 25 | | automatically by hand pressure applied to a button,
spring | 26 | | or other device in the handle of the knife, does not apply |
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| 1 | | to a person who possesses a currently valid Firearm Owner's | 2 | | Identification Card previously issued in his or her name by | 3 | | the Department of State Police or to a person or an entity | 4 | | engaged in the business of selling or manufacturing | 5 | | switchblade knives.
| 6 | | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
| 7 | | Section 10. The Unified Code of Corrections is amended by | 8 | | changing Section 3-6-3 as follows:
| 9 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 10 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 11 | | (a)(1) The Department of Corrections shall prescribe rules
| 12 | | and regulations for awarding and revoking sentence credit for | 13 | | persons committed to the Department which shall
be subject to | 14 | | review by the Prisoner Review Board.
| 15 | | (1.5) As otherwise provided by law, sentence credit may be | 16 | | awarded for the following: | 17 | | (A) successful completion of programming while in | 18 | | custody of the Department or while in custody prior to | 19 | | sentencing; | 20 | | (B) compliance with the rules and regulations of the | 21 | | Department; or | 22 | | (C) service to the institution, service to a community, | 23 | | or service to the State. | 24 | | (2) Except as provided in paragraph (4.7) of this |
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| 1 | | subsection (a), the rules and regulations on sentence credit | 2 | | shall provide, with
respect to offenses listed in clause (i), | 3 | | (ii), or (iii) of this paragraph (2) committed on or after June | 4 | | 19, 1998 or with respect to the offense listed in clause (iv) | 5 | | of this paragraph (2) committed on or after June 23, 2005 (the | 6 | | effective date of Public Act 94-71) or with
respect to offense | 7 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 8 | | effective date of Public Act 95-625)
or with respect to the | 9 | | offense of being an armed habitual criminal committed on or | 10 | | after August 2, 2005 (the effective date of Public Act 94-398) | 11 | | or with respect to the offenses listed in clause (v) of this | 12 | | paragraph (2) committed on or after August 13, 2007 (the | 13 | | effective date of Public Act 95-134) or with respect to the | 14 | | offense of aggravated domestic battery committed on or after | 15 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 16 | | with respect to the offense of attempt to commit terrorism | 17 | | committed on or after January 1, 2013 (the effective date of | 18 | | Public Act 97-990) or with respect to the offense of unlawful | 19 | | use of weapons under subparagraph (i) of paragraph (7) of | 20 | | subsection (a) of Section 24-1 of the Criminal Code of 2012 | 21 | | committed on or after the effective date of this amendatory Act | 22 | | of the 100th General Assembly , the following:
| 23 | | (i) that a prisoner who is serving a term of | 24 | | imprisonment for first
degree murder or for the offense of | 25 | | terrorism shall receive no sentence
credit and shall serve | 26 | | the entire
sentence imposed by the court;
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| 1 | | (ii) that a prisoner serving a sentence for attempt to | 2 | | commit terrorism, attempt to commit first
degree murder, | 3 | | solicitation of murder, solicitation of murder for hire,
| 4 | | intentional homicide of an unborn child, predatory | 5 | | criminal sexual assault of a
child, aggravated criminal | 6 | | sexual assault, criminal sexual assault, aggravated
| 7 | | kidnapping, aggravated battery with a firearm as described | 8 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 9 | | (e)(4) of Section 12-3.05, heinous battery as described in | 10 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 11 | | being an armed habitual criminal, aggravated
battery of a | 12 | | senior citizen as described in Section 12-4.6 or | 13 | | subdivision (a)(4) of Section 12-3.05, or aggravated | 14 | | battery of a child as described in Section 12-4.3 or | 15 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more | 16 | | than 4.5 days of sentence credit for each month of his or | 17 | | her sentence
of imprisonment;
| 18 | | (iii) that a prisoner serving a sentence
for home | 19 | | invasion, armed robbery, aggravated vehicular hijacking,
| 20 | | aggravated discharge of a firearm, or armed violence with a | 21 | | category I weapon
or category II weapon, when the court
has | 22 | | made and entered a finding, pursuant to subsection (c-1) of | 23 | | Section 5-4-1
of this Code, that the conduct leading to | 24 | | conviction for the enumerated offense
resulted in great | 25 | | bodily harm to a victim, shall receive no more than 4.5 | 26 | | days
of sentence credit for each month of his or her |
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| 1 | | sentence of imprisonment;
| 2 | | (iv) that a prisoner serving a sentence for aggravated | 3 | | discharge of a firearm, whether or not the conduct leading | 4 | | to conviction for the offense resulted in great bodily harm | 5 | | to the victim, shall receive no more than 4.5 days of | 6 | | sentence credit for each month of his or her sentence of | 7 | | imprisonment;
| 8 | | (v) that a person serving a sentence for unlawful use | 9 | | of weapons under subparagraph (i) of paragraph (7) of | 10 | | subsection (a) of Section 24-1 of the Criminal Code of | 11 | | 2012, gunrunning, narcotics racketeering, controlled | 12 | | substance trafficking, methamphetamine trafficking, | 13 | | drug-induced homicide, aggravated methamphetamine-related | 14 | | child endangerment, money laundering pursuant to clause | 15 | | (c) (4) or (5) of Section 29B-1 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012, or a Class X felony | 17 | | conviction for delivery of a controlled substance, | 18 | | possession of a controlled substance with intent to | 19 | | manufacture or deliver, calculated criminal drug | 20 | | conspiracy, criminal drug conspiracy, street gang criminal | 21 | | drug conspiracy, participation in methamphetamine | 22 | | manufacturing, aggravated participation in methamphetamine | 23 | | manufacturing, delivery of methamphetamine, possession | 24 | | with intent to deliver methamphetamine, aggravated | 25 | | delivery of methamphetamine, aggravated possession with | 26 | | intent to deliver methamphetamine, methamphetamine |
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| 1 | | conspiracy when the substance containing the controlled | 2 | | substance or methamphetamine is 100 grams or more shall | 3 | | receive no more than 7.5 days sentence credit for each | 4 | | month of his or her sentence of imprisonment;
| 5 | | (vi)
that a prisoner serving a sentence for a second or | 6 | | subsequent offense of luring a minor shall receive no more | 7 | | than 4.5 days of sentence credit for each month of his or | 8 | | her sentence of imprisonment; and
| 9 | | (vii) that a prisoner serving a sentence for aggravated | 10 | | domestic battery shall receive no more than 4.5 days of | 11 | | sentence credit for each month of his or her sentence of | 12 | | imprisonment. | 13 | | (2.1) For all offenses, other than those enumerated in | 14 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 15 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 16 | | June 23, 2005 (the effective date of Public Act 94-71) or | 17 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 18 | | (the effective date of Public Act 95-134) (other than the | 19 | | offense of unlawful use of weapons under subparagraph (i) of | 20 | | paragraph (7) of subsection (a) of Section 24-1 of the Criminal | 21 | | Code of 2012)
or subdivision (a)(2)(vi) committed on or after | 22 | | June 1, 2008 (the effective date of Public Act 95-625) or | 23 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 24 | | (the effective date of Public Act 96-1224), and other than the | 25 | | offense of aggravated driving under the influence of alcohol, | 26 | | other drug or drugs, or
intoxicating compound or compounds, or |
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| 1 | | any combination thereof as defined in
subparagraph (F) of | 2 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 3 | | Illinois Vehicle Code, and other than the offense of aggravated | 4 | | driving under the influence of alcohol,
other drug or drugs, or | 5 | | intoxicating compound or compounds, or any combination
thereof | 6 | | as defined in subparagraph (C) of paragraph (1) of subsection | 7 | | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | 8 | | or after January 1, 2011 (the effective date of Public Act | 9 | | 96-1230) , and other than the offense of unlawful use of weapons | 10 | | under subparagraph (i) of paragraph (7) of subsection (a) of | 11 | | Section 24-1 of the Criminal Code of 2012 committed on or after | 12 | | the effective date of this amendatory Act of the 100th General | 13 | | Assembly ,
the rules and regulations shall
provide that a | 14 | | prisoner who is serving a term of
imprisonment shall receive | 15 | | one day of sentence credit for each day of
his or her sentence | 16 | | of imprisonment or recommitment under Section 3-3-9.
Each day | 17 | | of sentence credit shall reduce by one day the prisoner's | 18 | | period
of imprisonment or recommitment under Section 3-3-9.
| 19 | | (2.2) A prisoner serving a term of natural life | 20 | | imprisonment or a
prisoner who has been sentenced to death | 21 | | shall receive no sentence
credit.
| 22 | | (2.3) Except as provided in paragraph (4.7) of this | 23 | | subsection (a), the rules and regulations on sentence credit | 24 | | shall provide that
a prisoner who is serving a sentence for | 25 | | aggravated driving under the influence of alcohol,
other drug | 26 | | or drugs, or intoxicating compound or compounds, or any |
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| 1 | | combination
thereof as defined in subparagraph (F) of paragraph | 2 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 3 | | Code, shall receive no more than 4.5
days of sentence credit | 4 | | for each month of his or her sentence of
imprisonment.
| 5 | | (2.4) Except as provided in paragraph (4.7) of this | 6 | | subsection (a), the rules and regulations on sentence credit | 7 | | shall provide with
respect to the offenses of aggravated | 8 | | battery with a machine gun or a firearm
equipped with any | 9 | | device or attachment designed or used for silencing the
report | 10 | | of a firearm or aggravated discharge of a machine gun or a | 11 | | firearm
equipped with any device or attachment designed or used | 12 | | for silencing the
report of a firearm, committed on or after
| 13 | | July 15, 1999 (the effective date of Public Act 91-121),
that a | 14 | | prisoner serving a sentence for any of these offenses shall | 15 | | receive no
more than 4.5 days of sentence credit for each month | 16 | | of his or her sentence
of imprisonment.
| 17 | | (2.5) Except as provided in paragraph (4.7) of this | 18 | | subsection (a), the rules and regulations on sentence credit | 19 | | shall provide that a
prisoner who is serving a sentence for | 20 | | aggravated arson committed on or after
July 27, 2001 (the | 21 | | effective date of Public Act 92-176) shall receive no more than
| 22 | | 4.5 days of sentence credit for each month of his or her | 23 | | sentence of
imprisonment.
| 24 | | (2.6) Except as provided in paragraph (4.7) of this | 25 | | subsection (a), the rules and regulations on sentence credit | 26 | | shall provide that a
prisoner who is serving a sentence for |
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| 1 | | aggravated driving under the influence of alcohol,
other drug | 2 | | or drugs, or intoxicating compound or compounds or any | 3 | | combination
thereof as defined in subparagraph (C) of paragraph | 4 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 5 | | Code committed on or after January 1, 2011 (the effective date | 6 | | of Public Act 96-1230) shall receive no more than 4.5
days of | 7 | | sentence credit for each month of his or her sentence of
| 8 | | imprisonment. | 9 | | (3) Except as provided in paragraph (4.7) of this | 10 | | subsection (a), the rules and regulations shall also provide | 11 | | that
the Director may award up to 180 days of earned sentence
| 12 | | credit for good conduct in specific instances as the
Director | 13 | | deems proper. The good conduct may include, but is not limited | 14 | | to, compliance with the rules and regulations of the | 15 | | Department, service to the Department, service to a community, | 16 | | or service to the State.
| 17 | | Eligible inmates for an award of earned sentence credit | 18 | | under
this paragraph (3) may be selected to receive the credit | 19 | | at
the Director's or his or her designee's sole discretion.
| 20 | | Eligibility for the additional earned sentence credit under | 21 | | this paragraph (3) shall be based on, but is not limited to, | 22 | | the results of any available risk/needs assessment or other | 23 | | relevant assessments or evaluations administered by the | 24 | | Department using a validated instrument, the circumstances of | 25 | | the crime, any history of conviction for a forcible felony | 26 | | enumerated in Section 2-8 of the Criminal Code of 2012, the |
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| 1 | | inmate's behavior and disciplinary history while incarcerated, | 2 | | and the inmate's commitment to rehabilitation, including | 3 | | participation in programming offered by the Department. | 4 | | The Director shall not award sentence credit under this | 5 | | paragraph (3) to an inmate unless the inmate has served a | 6 | | minimum of 60 days of the sentence; except nothing in this | 7 | | paragraph shall be construed to permit the Director to extend | 8 | | an inmate's sentence beyond that which was imposed by the | 9 | | court. Prior to awarding credit under this paragraph (3), the | 10 | | Director shall make a written determination that the inmate: | 11 | | (A) is eligible for the earned sentence credit; | 12 | | (B) has served a minimum of 60 days, or as close to 60 | 13 | | days as the sentence will allow; | 14 | | (B-1) has received a risk/needs assessment or other | 15 | | relevant evaluation or assessment administered by the | 16 | | Department using a validated instrument; and | 17 | | (C) has met the eligibility criteria established under | 18 | | paragraph (4) of this subsection (a) and by rule for earned | 19 | | sentence credit. | 20 | | The Director shall determine the form and content of the | 21 | | written determination required in this subsection. | 22 | | (3.5) The Department shall provide annual written reports | 23 | | to the Governor and the General Assembly on the award of earned | 24 | | sentence credit no later than February 1 of each year. The | 25 | | Department must publish both reports on its website within 48 | 26 | | hours of transmitting the reports to the Governor and the |
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| 1 | | General Assembly. The reports must include: | 2 | | (A) the number of inmates awarded earned sentence | 3 | | credit; | 4 | | (B) the average amount of earned sentence credit | 5 | | awarded; | 6 | | (C) the holding offenses of inmates awarded earned | 7 | | sentence credit; and | 8 | | (D) the number of earned sentence credit revocations. | 9 | | (4) Except as provided in paragraph (4.7) of this | 10 | | subsection (a), the rules and regulations shall also provide | 11 | | that the sentence
credit accumulated and retained under | 12 | | paragraph (2.1) of subsection (a) of
this Section by any inmate | 13 | | during specific periods of time in which such
inmate is engaged | 14 | | full-time in substance abuse programs, correctional
industry | 15 | | assignments, educational programs, behavior modification | 16 | | programs, life skills courses, or re-entry planning provided by | 17 | | the Department
under this paragraph (4) and satisfactorily | 18 | | completes the assigned program as
determined by the standards | 19 | | of the Department, shall be multiplied by a factor
of 1.25 for | 20 | | program participation before August 11, 1993
and 1.50 for | 21 | | program participation on or after that date.
The rules and | 22 | | regulations shall also provide that sentence credit, subject to | 23 | | the same offense limits and multiplier provided in this | 24 | | paragraph, may be provided to an inmate who was held in | 25 | | pre-trial detention prior to his or her current commitment to | 26 | | the Department of Corrections and successfully completed a |
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| 1 | | full-time, 60-day or longer substance abuse program, | 2 | | educational program, behavior modification program, life | 3 | | skills course, or re-entry planning provided by the county | 4 | | department of corrections or county jail. Calculation of this | 5 | | county program credit shall be done at sentencing as provided | 6 | | in Section 5-4.5-100 of this Code and shall be included in the | 7 | | sentencing order. However, no inmate shall be eligible for the | 8 | | additional sentence credit
under this paragraph (4) or (4.1) of | 9 | | this subsection (a) while assigned to a boot camp
or electronic | 10 | | detention.
| 11 | | Educational, vocational, substance abuse, behavior | 12 | | modification programs, life skills courses, re-entry planning, | 13 | | and correctional
industry programs under which sentence credit | 14 | | may be increased under
this paragraph (4) and paragraph (4.1) | 15 | | of this subsection (a) shall be evaluated by the Department on | 16 | | the basis of
documented standards. The Department shall report | 17 | | the results of these
evaluations to the Governor and the | 18 | | General Assembly by September 30th of each
year. The reports | 19 | | shall include data relating to the recidivism rate among
| 20 | | program participants.
| 21 | | Availability of these programs shall be subject to the
| 22 | | limits of fiscal resources appropriated by the General Assembly | 23 | | for these
purposes. Eligible inmates who are denied immediate | 24 | | admission shall be
placed on a waiting list under criteria | 25 | | established by the Department.
The inability of any inmate to | 26 | | become engaged in any such programs
by reason of insufficient |
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| 1 | | program resources or for any other reason
established under the | 2 | | rules and regulations of the Department shall not be
deemed a | 3 | | cause of action under which the Department or any employee or
| 4 | | agent of the Department shall be liable for damages to the | 5 | | inmate.
| 6 | | (4.1) Except as provided in paragraph (4.7) of this | 7 | | subsection (a), the rules and regulations shall also provide | 8 | | that an additional 90 days of sentence credit shall be awarded | 9 | | to any prisoner who passes high school equivalency testing | 10 | | while the prisoner is committed to the Department of | 11 | | Corrections. The sentence credit awarded under this paragraph | 12 | | (4.1) shall be in addition to, and shall not affect, the award | 13 | | of sentence credit under any other paragraph of this Section, | 14 | | but shall also be pursuant to the guidelines and restrictions | 15 | | set forth in paragraph (4) of subsection (a) of this Section.
| 16 | | The sentence credit provided for in this paragraph shall be | 17 | | available only to those prisoners who have not previously | 18 | | earned a high school diploma or a high school equivalency | 19 | | certificate. If, after an award of the high school equivalency | 20 | | testing sentence credit has been made, the Department | 21 | | determines that the prisoner was not eligible, then the award | 22 | | shall be revoked.
The Department may also award 90 days of | 23 | | sentence credit to any committed person who passed high school | 24 | | equivalency testing while he or she was held in pre-trial | 25 | | detention prior to the current commitment to the Department of | 26 | | Corrections. |
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| 1 | | (4.5) The rules and regulations on sentence credit shall | 2 | | also provide that
when the court's sentencing order recommends | 3 | | a prisoner for substance abuse treatment and the
crime was | 4 | | committed on or after September 1, 2003 (the effective date of
| 5 | | Public Act 93-354), the prisoner shall receive no sentence | 6 | | credit awarded under clause (3) of this subsection (a) unless | 7 | | he or she participates in and
completes a substance abuse | 8 | | treatment program. The Director may waive the requirement to | 9 | | participate in or complete a substance abuse treatment program | 10 | | in specific instances if the prisoner is not a good candidate | 11 | | for a substance abuse treatment program for medical, | 12 | | programming, or operational reasons. Availability of
substance | 13 | | abuse treatment shall be subject to the limits of fiscal | 14 | | resources
appropriated by the General Assembly for these | 15 | | purposes. If treatment is not
available and the requirement to | 16 | | participate and complete the treatment has not been waived by | 17 | | the Director, the prisoner shall be placed on a waiting list | 18 | | under criteria
established by the Department. The Director may | 19 | | allow a prisoner placed on
a waiting list to participate in and | 20 | | complete a substance abuse education class or attend substance
| 21 | | abuse self-help meetings in lieu of a substance abuse treatment | 22 | | program. A prisoner on a waiting list who is not placed in a | 23 | | substance abuse program prior to release may be eligible for a | 24 | | waiver and receive sentence credit under clause (3) of this | 25 | | subsection (a) at the discretion of the Director.
| 26 | | (4.6) The rules and regulations on sentence credit shall |
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| 1 | | also provide that a prisoner who has been convicted of a sex | 2 | | offense as defined in Section 2 of the Sex Offender | 3 | | Registration Act shall receive no sentence credit unless he or | 4 | | she either has successfully completed or is participating in | 5 | | sex offender treatment as defined by the Sex Offender | 6 | | Management Board. However, prisoners who are waiting to receive | 7 | | treatment, but who are unable to do so due solely to the lack | 8 | | of resources on the part of the Department, may, at the | 9 | | Director's sole discretion, be awarded sentence credit at a | 10 | | rate as the Director shall determine. | 11 | | (4.7) On or after the effective date of this amendatory Act | 12 | | of the 100th General Assembly, sentence credit under paragraph | 13 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a | 14 | | prisoner who is serving a sentence for an offense described in | 15 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 16 | | on or after the effective date of this amendatory Act of the | 17 | | 100th General Assembly; provided, the award of the credits | 18 | | under this paragraph (4.7) shall not reduce the sentence of the | 19 | | prisoner to less than the following amounts: | 20 | | (i) 85% of his or her sentence if the prisoner is | 21 | | required to serve 85% of his or her sentence; or | 22 | | (ii) 60% of his or her sentence if the prisoner is | 23 | | required to serve 75% of his or her sentence, except if the | 24 | | prisoner is serving a sentence for gunrunning his or her | 25 | | sentence shall not be reduced to less than 75%. | 26 | | This paragraph (4.7) shall not apply to a prisoner serving |
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| 1 | | a sentence for an offense described in subparagraph (i) of | 2 | | paragraph (2) of this subsection (a). | 3 | | (5) Whenever the Department is to release any inmate | 4 | | earlier than it
otherwise would because of a grant of earned | 5 | | sentence credit under paragraph (3) of subsection (a) of this | 6 | | Section given at any time during the term, the Department shall | 7 | | give
reasonable notice of the impending release not less than | 8 | | 14 days prior to the date of the release to the State's
| 9 | | Attorney of the county where the prosecution of the inmate took | 10 | | place, and if applicable, the State's Attorney of the county | 11 | | into which the inmate will be released. The Department must | 12 | | also make identification information and a recent photo of the | 13 | | inmate being released accessible on the Internet by means of a | 14 | | hyperlink labeled "Community Notification of Inmate Early | 15 | | Release" on the Department's World Wide Web homepage.
The | 16 | | identification information shall include the inmate's: name, | 17 | | any known alias, date of birth, physical characteristics, | 18 | | commitment offense and county where conviction was imposed. The | 19 | | identification information shall be placed on the website | 20 | | within 3 days of the inmate's release and the information may | 21 | | not be removed until either: completion of the first year of | 22 | | mandatory supervised release or return of the inmate to custody | 23 | | of the Department.
| 24 | | (b) Whenever a person is or has been committed under
| 25 | | several convictions, with separate sentences, the sentences
| 26 | | shall be construed under Section 5-8-4 in granting and
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| 1 | | forfeiting of sentence credit.
| 2 | | (c) The Department shall prescribe rules and regulations
| 3 | | for revoking sentence credit, including revoking sentence | 4 | | credit awarded under paragraph (3) of subsection (a) of this | 5 | | Section. The Department shall prescribe rules and regulations | 6 | | for suspending or reducing
the rate of accumulation of sentence | 7 | | credit for specific
rule violations, during imprisonment. | 8 | | These rules and regulations
shall provide that no inmate may be | 9 | | penalized more than one
year of sentence credit for any one | 10 | | infraction.
| 11 | | When the Department seeks to revoke, suspend or reduce
the | 12 | | rate of accumulation of any sentence credits for
an alleged | 13 | | infraction of its rules, it shall bring charges
therefor | 14 | | against the prisoner sought to be so deprived of
sentence | 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 sentence | 22 | | credit.
The Board may subsequently approve the revocation of | 23 | | additional sentence credit, if the Department seeks to revoke | 24 | | sentence credit in
excess of 30 days. However, the Board shall | 25 | | not be empowered to review the
Department's decision with | 26 | | respect to the loss of 30 days of sentence
credit within any |
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| 1 | | calendar year for any prisoner or to increase any penalty
| 2 | | beyond the length requested by the Department.
| 3 | | The Director of the Department of Corrections, in | 4 | | appropriate cases, may
restore up to 30 days of sentence | 5 | | credits which have been revoked, suspended
or reduced. Any | 6 | | restoration of sentence credits in excess of 30 days shall
be | 7 | | subject to review by the Prisoner Review Board. However, the | 8 | | Board may not
restore sentence credit in excess of the amount | 9 | | requested by the Director.
| 10 | | Nothing contained in this Section shall prohibit the | 11 | | Prisoner Review Board
from ordering, pursuant to Section | 12 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 13 | | sentence imposed by the court that was not served due to the
| 14 | | accumulation of sentence credit.
| 15 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 16 | | federal court
against the State, the Department of Corrections, | 17 | | or the Prisoner Review Board,
or against any of
their officers | 18 | | or employees, and the court makes a specific finding that a
| 19 | | pleading, motion, or other paper filed by the prisoner is | 20 | | frivolous, the
Department of Corrections shall conduct a | 21 | | hearing to revoke up to
180 days of sentence credit by bringing | 22 | | charges against the prisoner
sought to be deprived of the | 23 | | sentence credits before the Prisoner Review
Board as provided | 24 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 25 | | prisoner has not accumulated 180 days of sentence credit at the
| 26 | | time of the finding, then the Prisoner Review Board may revoke |
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| 1 | | all
sentence credit accumulated by the prisoner.
| 2 | | For purposes of this subsection (d):
| 3 | | (1) "Frivolous" means that a pleading, motion, or other | 4 | | filing which
purports to be a legal document filed by a | 5 | | prisoner in his or her lawsuit meets
any or all of the | 6 | | following criteria:
| 7 | | (A) it lacks an arguable basis either in law or in | 8 | | fact;
| 9 | | (B) it is being presented for any improper purpose, | 10 | | such as to harass or
to cause unnecessary delay or | 11 | | needless increase in the cost of litigation;
| 12 | | (C) the claims, defenses, and other legal | 13 | | contentions therein are not
warranted by existing law | 14 | | or by a nonfrivolous argument for the extension,
| 15 | | modification, or reversal of existing law or the | 16 | | establishment of new law;
| 17 | | (D) the allegations and other factual contentions | 18 | | do not have
evidentiary
support or, if specifically so | 19 | | identified, are not likely to have evidentiary
support | 20 | | after a reasonable opportunity for further | 21 | | investigation or discovery;
or
| 22 | | (E) the denials of factual contentions are not | 23 | | warranted on the
evidence, or if specifically so | 24 | | identified, are not reasonably based on a lack
of | 25 | | information or belief.
| 26 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
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| 1 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 2 | | action under
Article X of the Code of Civil Procedure or | 3 | | under federal law (28 U.S.C. 2254),
a petition for claim | 4 | | under the Court of Claims Act, an action under the
federal | 5 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 6 | | subsequent petition for post-conviction relief under | 7 | | Article 122 of the Code of Criminal Procedure of 1963 | 8 | | whether filed with or without leave of court or a second or | 9 | | subsequent petition for relief from judgment under Section | 10 | | 2-1401 of the Code of Civil Procedure.
| 11 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 12 | | validity of Public Act 89-404.
| 13 | | (f) Whenever the Department is to release any inmate who | 14 | | has been convicted of a violation of an order of protection | 15 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012, earlier than it
otherwise would | 17 | | because of a grant of sentence credit, the Department, as a | 18 | | condition of release, shall require that the person, upon | 19 | | release, be placed under electronic surveillance as provided in | 20 | | Section 5-8A-7 of this Code. | 21 | | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | 22 | | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18 .)
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