Full Text of HB5719 100th General Assembly
HB5719 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5719 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: |
| New Act | | 730 ILCS 5/5-4.5-15 | | 730 ILCS 5/5-4.5-25 | | 730 ILCS 5/5-4.5-30 | | 730 ILCS 5/5-4.5-35 | | 730 ILCS 5/5-4.5-40 | | 730 ILCS 5/5-4.5-45 | | 730 ILCS 5/5-4.5-50 | | 730 ILCS 5/5-4.5-85 | | 730 ILCS 5/5-4.5-95 | |
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Creates the Employee Targeted Tax Credit Act. Provides provisions regarding: powers of the Department of Employment Security; a pilot program; a certificate of eligibility for tax credit; the tax credit, which shall not be less than $10,000 and shall not exceed $15,000; the determination of the amount of the credit; the maximum amount of credits allowed; the application for award of tax credit and a tax credit certificate; submission of tax credit certificate to the Department of Revenue; noncompliance; rules; the elimination of mandatory minimums in sentencing; and applicability. Defines terms. Amends the Unified Code of Corrections. Makes changes regarding appropriate dispositions; terms for Class X, Class 1, Class 2, Class 3, and Class 4 felonies; felony fines; misdemeanor sentences; and habitual criminals. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Employee Targeted Tax Credit Pilot Program Act. | 6 | | Section 5. Findings and purpose. In order to reverse the | 7 | | trend of high unemployment and to help spur the economy to | 8 | | recovery, it is necessary to assist individuals in accessing | 9 | | family supporting, full-time work. | 10 | | Section 10. Definitions. In this Act: | 11 | | "Applicant" means a person that is operating a business | 12 | | located within this State that: | 13 | | (1) is engaged in interstate or intrastate commerce; | 14 | | and | 15 | | (2) hires a participant for a position under union | 16 | | contract or for a position that offers a basic wage and | 17 | | benefits package as compensation. | 18 | | In the case of any person that is a member of a unitary | 19 | | business group within the meaning of paragraph (27) in | 20 | | subsection (a) of Section 1501 of the Illinois Income Tax Act, | 21 | | "applicant" refers to the unitary business group. | 22 | | "Basic wage" means a minimum annual salary of $30,000 as |
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| 1 | | compensation | 2 | | "Benefits package" means the new full-time employee's | 3 | | benefits outside of the employee's basic wage including: | 4 | | (1) a minimum of 5 days of earned sick time; | 5 | | (2) a minimum of 5 days of paid vacation; | 6 | | (3) eligibility for health insurance; and | 7 | | (4) eligibility for a 401K. | 8 | | "Benefits package" means the participant's benefits | 9 | | outside of the participant's basic wage including earned sick | 10 | | time, paid vacation, health insurance, and a 401K. | 11 | | "Certificate" means the tax credit certificate issued by | 12 | | the Department under Section 45 of this Act. | 13 | | "Certificate of eligibility" means the certificate issued | 14 | | by the Department under Section 25 of this Act. | 15 | | "Credit" means the amount awarded by the Department to an | 16 | | applicant by issuance of a certificate under Section 30 of this | 17 | | Act for each participant hired. | 18 | | "Department" means the Department of Employment Security. | 19 | | "Director" means the Director of Employment Security.
| 20 | | "Full-time employee" means a individual who has a position | 21 | | under union contract or is employed for a basic wage for at | 22 | | least 35 hours each week and receives a benefits package as | 23 | | compensation. | 24 | | "Incentive period" means the period beginning on July 1 and | 25 | | ending on June 30 5 years thereafter. The first incentive | 26 | | period shall begin on July 1, 2019 and the last incentive |
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| 1 | | period shall end on June 30, 2024. | 2 | | "Noncompliance date" means, in the case of an applicant | 3 | | that is not complying with the requirements of the provisions | 4 | | of this Act, the day following the last date upon which the | 5 | | taxpayer was in compliance with the requirements of the | 6 | | provisions of this Act, as determined by the Director, pursuant | 7 | | to Section 55 of this Act. | 8 | | "Participant" means a full-time employee who: | 9 | | (1) was unemployed or making less than the basic wage | 10 | | referred to in this Section before being hired by an | 11 | | applicant; | 12 | | (2) was formerly incarcerated between January 1, 2008 | 13 | | and December 31, 2018; | 14 | | (3) is registered for the pilot program described in | 15 | | Section 20; and | 16 | | (4) is subsequently hired during the incentive period | 17 | | by an applicant for a position under union contract or for | 18 | | a position that offers a basic wage and benefits package as | 19 | | compensation. | 20 | | The term "participant" does not include a person who was | 21 | | previously employed in this State by the applicant prior to the | 22 | | onset of the incentive period if: | 23 | | (1) the position was under union contract; | 24 | | (2) the position provided a basic wage and benefits | 25 | | package as compensation; or | 26 | | (3) the participant is a related member of the |
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| 1 | | applicant that has more than 50 total employees. | 2 | | "Professional Employer Organization" (PEO) shall have the | 3 | | same meaning as defined in Section 5-5 of the Economic | 4 | | Development for a Growing Economy Tax Credit Act. As used in | 5 | | this Section, "Professional Employer Organization" does not | 6 | | include a day and temporary labor service agency regulated | 7 | | under the Day and Temporary Labor Services Act. | 8 | | Section 15. Powers of the Department. The Department, in | 9 | | addition to those powers granted under the Civil Administrative | 10 | | Code of Illinois, is granted and shall have all the powers | 11 | | necessary or convenient to carry out and effectuate the | 12 | | purposes and provisions of this Act, including, but not limited | 13 | | to, power and authority to: | 14 | | (1) promulgate procedures, rules, or regulations | 15 | | deemed necessary and appropriate for the administration of | 16 | | this Act; establish forms for applications, notifications, | 17 | | contracts, or any other agreements; and accept | 18 | | applications at any time during the year and require that | 19 | | all applications be submitted via the Internet. The | 20 | | Department shall require that applications be submitted in | 21 | | electronic form; | 22 | | (2) provide guidance and assistance to an applicant | 23 | | pursuant to the provisions of this Act, and cooperate with | 24 | | applicants to promote, foster, and support job creation | 25 | | within the State; |
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| 1 | | (3) enter into agreements and memoranda of | 2 | | understanding for participation of and engage in | 3 | | cooperation with agencies of the federal government, units | 4 | | of local government, universities, research foundations or | 5 | | institutions, regional economic development corporations, | 6 | | or other organizations for the purposes of this Act; | 7 | | (4) gather information and conduct inquiries, in the | 8 | | manner and by the methods it deems desirable, including, | 9 | | but not limited to, gathering information with respect to | 10 | | applicants for the purpose of making any designations or | 11 | | certifications necessary or desirable or to gather | 12 | | information in furtherance of the purposes of this Act; | 13 | | (5) establish, negotiate, and effectuate any term, | 14 | | agreement, or other document with any person necessary or | 15 | | appropriate to accomplish the purposes of this Act; and | 16 | | consent, subject to the provisions of any agreement with | 17 | | another party, to the modification or restructuring of any | 18 | | agreement to which the Department is a party; | 19 | | (6) provide for sufficient personnel to permit | 20 | | administration, staffing, operation, and related support | 21 | | required to adequately discharge its duties and | 22 | | responsibilities described in this Act from funds made | 23 | | available through charges to applicants or from funds as | 24 | | may be appropriated by the General Assembly for the | 25 | | administration of this Act; | 26 | | (7) require applicants, upon written request, to issue |
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| 1 | | any necessary authorization to the appropriate federal, | 2 | | State, or local authority or any other person for the | 3 | | release to the Department of information requested by the | 4 | | Department, with the information requested to include, but | 5 | | not limited to, financial reports, returns, or records | 6 | | relating to the applicant or to the amount of credit | 7 | | allowable under this Act; | 8 | | (8) require that an applicant shall, at all times, keep | 9 | | proper books of record and account in accordance with | 10 | | generally accepted accounting principles consistently | 11 | | applied with the books, records, or papers related to the | 12 | | agreement in the custody or control of the applicant open | 13 | | for reasonable Department inspection and audits, and | 14 | | including, but not limited to, the making of copies of the | 15 | | books, records, or papers; and | 16 | | (9) take whatever actions are necessary or appropriate | 17 | | to protect the State's interest in the event of bankruptcy, | 18 | | default, foreclosure, or noncompliance with the terms and | 19 | | conditions of financial assistance or participation | 20 | | required under this Act, including the power to sell, | 21 | | dispose of, lease, or rent, upon terms and conditions | 22 | | determined by the Director to be appropriate, real or | 23 | | personal property that the Department may recover as a | 24 | | result of these actions. | 25 | | Section 20. Pilot Program. |
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| 1 | | (a) The tax credit shall only apply to up to 20,000 | 2 | | participants for the duration of the incentive period. | 3 | | A maximum of 10,000 participants shall be newly | 4 | | released from prison. | 5 | | A maximum of 10,000 participants shall be released from | 6 | | prison between January 1, 2008 and December 31, 2018. | 7 | | (b) The Department shall maintain a database of all | 8 | | participants for the duration of the incentive period. | 9 | | (1) Eligible individuals shall register as | 10 | | participants with the Department by May 31, 2019. | 11 | | (2) The Department shall verify individuals' | 12 | | eligibility to participate in the program by checking the | 13 | | employment and incarceration history. | 14 | | (3) The Department shall mail a written letter | 15 | | containing a denial or confirmation of the individual's | 16 | | eligibility to participate in the program to the primary | 17 | | address of the individual. | 18 | | (A) The denial letter shall state the reason why | 19 | | the individual is being denied. | 20 | | (B) The confirmation letter shall state the | 21 | | identifying number assigned to the individual. | 22 | | (c) The Department shall maintain a record of the | 23 | | participants and the corresponding applicant. | 24 | | (1) Each applicant shall, on a quarterly basis starting | 25 | | from receipt of the certificate of eligibility for the tax | 26 | | credit, submit an annual report of employment of |
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| 1 | | participants to remain in good standing to receive the tax | 2 | | credit. | 3 | | (2) The reports shall be submitted in the form and | 4 | | manner required by the Department. | 5 | | Section 25. Certificate of eligibility for tax credit. | 6 | | (a) An applicant that has hired a participant during the | 7 | | incentive period may apply for a certificate of eligibility for | 8 | | the credit with respect to that position on or after the date | 9 | | of hire of the participant. The date of hire shall be the first | 10 | | day on which the participant begins providing services under a | 11 | | union contract or for a basic wage and benefits package as | 12 | | compensation. | 13 | | (b) An applicant may apply for a certificate of eligibility | 14 | | for the credit for more than one participant on or after the | 15 | | date of hire of each qualifying participant. | 16 | | (c) After receipt of an application under this Section, the | 17 | | Department shall issue a certificate of eligibility to the | 18 | | applicant, stating: | 19 | | (1) the date and time on which the application was | 20 | | received by the Department and an identifying number | 21 | | assigned to the applicant by the Department; | 22 | | (2) the maximum amount of the credit the applicant | 23 | | could potentially receive under this Act with respect to | 24 | | the new employees listed on the application; and | 25 | | (3) the maximum amount of the credit potentially |
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| 1 | | allowable on certificates of eligibility issued for | 2 | | applications received prior to the application for which | 3 | | the certificate of eligibility is issued. | 4 | | (d) After the initial certificate of eligibility, the | 5 | | applicant must submit a quarterly report of employment of all | 6 | | participants to the Department. The Department shall review the | 7 | | report and issue an annual certificate of eligibility by April | 8 | | 15 of each taxable year to the applicant. | 9 | | Section 30. Tax credit. | 10 | | (a) Subject to the conditions set forth in this Act, an | 11 | | applicant is entitled to a credit against payment of taxes | 12 | | withheld under Section 704A of the Illinois Income Tax Act for | 13 | | participants as described in Section 20. | 14 | | (b) The credit shall be allowed as a credit to an applicant | 15 | | for each participant hired during the incentive period that | 16 | | results in a net increase in full-time Illinois employees, | 17 | | where the net increase in the employer's full-time Illinois | 18 | | employees is maintained for at least 24 months. | 19 | | (c) The Department shall make credit awards under this Act | 20 | | to further job creation. | 21 | | (d) The credit shall be claimed for the second calendar | 22 | | year ending on or after the date on which the certificate is | 23 | | issued by the Department and each year thereafter during the | 24 | | incentive period as long as the participant's employment with | 25 | | the applicant is maintained. |
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| 1 | | (e) The credit shall not be less than $10,000 and shall not | 2 | | exceed $15,000 each year per participant hired. | 3 | | (f) The net increase in full-time Illinois employees, | 4 | | measured on an annual full-time equivalent basis, shall be the | 5 | | total number of full-time Illinois employees of the applicant | 6 | | on the final day of the incentive period, minus the number of | 7 | | full-time Illinois employees employed by the employer on the | 8 | | first day of that same incentive period. For purposes of the | 9 | | calculation, an employer that begins doing business in this | 10 | | State during the incentive period, as determined by the | 11 | | Director, shall be treated as having zero Illinois employees on | 12 | | the first day of the incentive period. | 13 | | (g) The net increase in the number of full-time Illinois | 14 | | employees of the applicant under subsection (e) must be | 15 | | sustained continuously for at least 24 months, starting with | 16 | | the date of hire of a participant during the incentive period. | 17 | | (h) The Department shall promulgate rules to enable an | 18 | | applicant for which a PEO has been contracted to issue W-2s and | 19 | | make payment of taxes withheld under Section 704A of the | 20 | | Illinois Income Tax Act for new employees to retain the benefit | 21 | | of tax credits to which the applicant is otherwise entitled | 22 | | under this Act. | 23 | | Section 35. Determination of Amount of the Credit. In | 24 | | determining the amount of the credit that should be awarded, | 25 | | the Department shall take into consideration the following |
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| 1 | | factors: | 2 | | (1) the type of service provided; | 3 | | (2) the skill-level, education and expertise required | 4 | | to provide the service; | 5 | | (3) the benefits package offered by the applicant; | 6 | | (4) the amount of training provided by the applicant; | 7 | | and | 8 | | (5) opportunities for wage increases and promotions. | 9 | | Section 40. Maximum amount of credits allowed. To the | 10 | | extent authorized by Section 30 of this Act, for taxable years | 11 | | beginning on or after January 1, 2019 and December 31, 2024, | 12 | | the Department shall limit the monetary amount of credits | 13 | | awarded under this Act to no more than $1,500,000,000. If | 14 | | applications for a greater amount are received, credits shall | 15 | | be allowed on a first-come-first-served basis, based on the | 16 | | date on which each properly completed application for a | 17 | | certificate of eligibility is received by the Department. If | 18 | | more than one certificate of eligibility is received on the | 19 | | same day, the credits will be awarded based on the time of | 20 | | submission for that particular day. | 21 | | Section 45. Application for award of tax credit; tax credit | 22 | | certificate. | 23 | | (a) On or after the conclusion of the 24-month period after | 24 | | a participant has been hired, an applicant shall file with the |
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| 1 | | Department an application for award of a credit. The | 2 | | application shall include the following: | 3 | | (1) the names, social security numbers, job | 4 | | descriptions, salary or wage rates, and dates of hire of | 5 | | the participants with respect to whom the credit is being | 6 | | requested, and whether each participant is registered in | 7 | | the pilot program described in Section 20; | 8 | | (2) a certification that each participant listed has | 9 | | been retained on the job for 24 months from the date of | 10 | | hire; | 11 | | (3) the number of participants hired by the applicant | 12 | | during the incentive period; | 13 | | (4) the net increase in the number of full-time | 14 | | Illinois employees of the applicant, including the | 15 | | participants listed in the request, between the beginning | 16 | | of the incentive period and the dates on which the | 17 | | participants listed in the request were hired; | 18 | | (5) an agreement that the Director is authorized to | 19 | | verify with the appropriate State agencies the information | 20 | | contained in the request before issuing a certificate to | 21 | | the applicant; and | 22 | | (6) any other information the Department determines to | 23 | | be appropriate. | 24 | | (b) Although an application may be filed at any time after | 25 | | the conclusion of the 24-month period, an application filed | 26 | | more than 90 days after the earliest date on which it could |
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| 1 | | have been filed shall not be awarded any credit if, prior to | 2 | | the date it is filed, the Department has received applications | 3 | | under this Section for credits totaling more than | 4 | | $1,500,000,000. | 5 | | (c) The Department shall issue a certificate to each | 6 | | applicant awarded a credit under this Act. The certificate | 7 | | shall include the following: | 8 | | (1) the name and taxpayer identification number of the | 9 | | applicant; | 10 | | (2) the date on which the certificate is issued; | 11 | | (3) the credit amount that will be allowed; and | 12 | | (4) any other information the Department determines to | 13 | | be appropriate. | 14 | | Section 50. Submission of tax credit certificate to | 15 | | Department of Revenue. An applicant claiming a credit under | 16 | | this Act shall submit to the Department of Revenue a copy of | 17 | | each certificate issued under Section 45 of this Act with the | 18 | | first return for which the credit shown on the certificate is | 19 | | claimed. Failure to submit a copy of the certificate with the | 20 | | applicant's return shall not invalidate a claim for a credit. | 21 | | Section 55. Noncompliance. If the Director determines that | 22 | | an applicant who has received a credit under this Act is not | 23 | | complying with the requirements of the provisions of this Act, | 24 | | the Director shall provide notice to the applicant of the |
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| 1 | | alleged noncompliance, and allow the taxpayer a hearing under | 2 | | the provisions of the Illinois Administrative Procedure Act. | 3 | | If, after such notice and any hearing, the Director determines | 4 | | that noncompliance exists, the Director shall issue to the | 5 | | Department of Revenue notice to that effect stating the | 6 | | noncompliance date. | 7 | | Section 60. Rules. The Department may adopt rules necessary | 8 | | to implement this Act. The rules may provide for recipients of | 9 | | credits under this Act to be charged fees to cover | 10 | | administrative costs of the tax credit program. | 11 | | Section 65. Elimination of mandatory minimums in | 12 | | sentencing. The cost savings from this Section shall be | 13 | | directly applied to fund the pilot program described in Section | 14 | | 25. | 15 | | Section 70. Applicability. This Act applies to offenses | 16 | | committed before the effective date of this Act, and to | 17 | | offenses committed on or after the effective date. | 18 | | A person currently serving a sentence for a conviction, | 19 | | whether by trial or plea, of a felony or felonies who would | 20 | | have been guilty of a misdemeanor or lesser felony | 21 | | classification under this Act had the Act been in effect at the | 22 | | time of the offense may petition the trial court that entered | 23 | | the judgment of conviction in his or her case to request |
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| 1 | | resentencing in accordance with this Act. A person who is | 2 | | resentenced shall be given credit for time served. Under no | 3 | | circumstances may resentencing result in the imposition of a | 4 | | term longer than the original sentence. | 5 | | Section 905. The Unified Code of Corrections is amended by | 6 | | changing Sections 5-4.5-15, 5-4.5-25, 5-4.5-30, 5-4.5-35, | 7 | | 5-4.5-40, 5-4.5-45, 5-4.5-50, 5-4.5-85, and 5-4.5-95 as | 8 | | follows: | 9 | | (730 ILCS 5/5-4.5-15) | 10 | | Sec. 5-4.5-15. DISPOSITIONS.
| 11 | | (a) APPROPRIATE DISPOSITIONS. The following are | 12 | | appropriate dispositions, alone or in combination, for all | 13 | | felonies and misdemeanors other than as provided in Section | 14 | | 5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the | 15 | | statute defining the offense or elsewhere: | 16 | | (1) A period of probation. | 17 | | (2) A term of periodic imprisonment. | 18 | | (3) A term of conditional discharge. | 19 | | (4) A term of imprisonment. | 20 | | (5) A fine. | 21 | | (6) Restitution to the victim. | 22 | | (7) Participation in an impact incarceration program. | 23 | | (8) A term of imprisonment in combination with a term | 24 | | of probation when the offender has been admitted into a |
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| 1 | | drug court program. | 2 | | (9) If the defendant is convicted of arson, aggravated | 3 | | arson, residential arson, or place of worship arson, an | 4 | | order directing the offender to reimburse the local | 5 | | emergency response department for the costs of responding | 6 | | to the fire that the offender was convicted of setting in | 7 | | accordance with the Emergency Services Response | 8 | | Reimbursement for Criminal Convictions Act. | 9 | | (b) FINE; RESTITUTION ; NOT SOLE DISPOSITION . A Neither a | 10 | | fine nor restitution may shall be the sole disposition for a | 11 | | Class 4 felony, and either or both may be imposed only in | 12 | | conjunction with another disposition.
| 13 | | (c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a | 14 | | term of natural life is imposed, every sentence includes a term | 15 | | in addition to the term of imprisonment. For those sentenced | 16 | | under the law in effect before February 1, 1978, that term is a | 17 | | parole term. For those sentenced on or after February 1, 1978, | 18 | | that term is a mandatory supervised release term.
| 19 | | (Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400, | 20 | | eff. 8-13-09; 96-1000, eff. 7-2-10.) | 21 | | (730 ILCS 5/5-4.5-25) | 22 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 23 | | felony: | 24 | | (a) TERM. The sentence of imprisonment shall be a | 25 | | determinate sentence of not less than 6 years and not more than |
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| 1 | | 30 years. The sentence of imprisonment for an extended term | 2 | | Class X felony, as provided in Section 5-8-2 (730 ILCS | 3 | | 5/5-8-2), shall be not less than 30 years and not more than 60 | 4 | | years.
| 5 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 6 | | shall not be imposed.
| 7 | | (c) IMPACT INCARCERATION. The impact incarceration program | 8 | | or the county impact incarceration program is not an authorized | 9 | | disposition.
| 10 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 11 | | probation or conditional discharge shall not be imposed.
| 12 | | (e) FINE. Fines may be imposed as provided in Section | 13 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 14 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 15 | | concerning restitution.
| 16 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 17 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 18 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 19 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 20 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 21 | | program.
| 22 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 23 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 24 | | detention prior to judgment.
| 25 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 26 | | for rules and regulations for sentence credit.
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| 1 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 2 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 3 | | electronic monitoring and home detention.
| 4 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 5 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 6 | | 5/5-8-1), the parole or mandatory supervised release term shall | 7 | | be 3 years upon release from imprisonment.
| 8 | | (Source: P.A. 100-431, eff. 8-25-17.) | 9 | | (730 ILCS 5/5-4.5-30) | 10 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | 11 | | felony: | 12 | | (a) TERM. The sentence of imprisonment, other than for | 13 | | second degree murder, shall be a determinate sentence of not | 14 | | less than 4 years and not more than 15 years. The sentence of | 15 | | imprisonment for second degree murder shall be a determinate | 16 | | sentence of not less than 4 years and not more than 20 years. | 17 | | The sentence of imprisonment for an extended term Class 1 | 18 | | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | 19 | | be a term not less than 15 years and not more than 30 years.
| 20 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 21 | | imprisonment shall be for a definite term of from 3 to 4 years, | 22 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 23 | | ILCS 5/5-5-3 or 5/5-7-1).
| 24 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 25 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for |
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| 1 | | the impact incarceration program or the county impact | 2 | | incarceration program.
| 3 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 4 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 5 | | period of probation or conditional discharge shall not exceed 4 | 6 | | years. The court shall specify the conditions of probation or | 7 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 8 | | 5/5-6-3). In no case shall an offender be eligible for a | 9 | | disposition of probation or conditional discharge for a Class 1 | 10 | | felony committed while he or she was serving a term of | 11 | | probation or conditional discharge for a felony.
| 12 | | (e) FINE. Fines may be imposed as provided in Section | 13 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 14 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 15 | | concerning restitution.
| 16 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 17 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 18 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 19 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 20 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 21 | | program.
| 22 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 23 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 24 | | detention prior to judgment.
| 25 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 26 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act |
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| 1 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 2 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 3 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 4 | | electronic monitoring and home detention.
| 5 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 6 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 7 | | 5/5-8-1), the parole or mandatory supervised release term shall | 8 | | be 2 years upon release from imprisonment.
| 9 | | (Source: P.A. 100-431, eff. 8-25-17.) | 10 | | (730 ILCS 5/5-4.5-35) | 11 | | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | 12 | | felony: | 13 | | (a) TERM. The sentence of imprisonment shall be a | 14 | | determinate sentence of not less than 3 years and not more than | 15 | | 7 years. The sentence of imprisonment for an extended term | 16 | | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | 17 | | 5/5-8-2), shall be a term not less than 7 years and not more | 18 | | than 14 years.
| 19 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 20 | | imprisonment shall be for a definite term of from 18 to 30 | 21 | | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | 22 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
| 23 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 24 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 25 | | the impact incarceration program or the county impact |
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| 1 | | incarceration program.
| 2 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 3 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 4 | | period of probation or conditional discharge shall not exceed 4 | 5 | | years. The court shall specify the conditions of probation or | 6 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 7 | | 5/5-6-3).
| 8 | | (e) FINE. Fines may be imposed as provided in Section | 9 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 10 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 11 | | concerning restitution.
| 12 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 13 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 14 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 15 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 16 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 17 | | program.
| 18 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 19 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 20 | | detention prior to judgment.
| 21 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 22 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 23 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 24 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 25 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 26 | | electronic monitoring and home detention.
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| 1 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 2 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 3 | | 5/5-8-1), the parole or mandatory supervised release term shall | 4 | | be 2 years upon release from imprisonment.
| 5 | | (Source: P.A. 100-431, eff. 8-25-17.) | 6 | | (730 ILCS 5/5-4.5-40) | 7 | | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | 8 | | felony: | 9 | | (a) TERM. The sentence of imprisonment shall be a | 10 | | determinate sentence of not less than 2 years and not more than | 11 | | 5 years. The sentence of imprisonment for an extended term | 12 | | Class 3 felony, as provided in Section 5-8-2 (730 ILCS | 13 | | 5/5-8-2), shall be a term not less than 5 years and not more | 14 | | than 10 years.
| 15 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 16 | | imprisonment shall be for a definite term of up to 18 months, | 17 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 18 | | ILCS 5/5-5-3 or 5/5-7-1).
| 19 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 20 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 21 | | the impact incarceration program or the county impact | 22 | | incarceration program.
| 23 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 24 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 25 | | period of probation or conditional discharge shall not exceed |
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| 1 | | 30 months. The court shall specify the conditions of probation | 2 | | or conditional discharge as set forth in Section 5-6-3 (730 | 3 | | ILCS 5/5-6-3).
| 4 | | (e) FINE. Fines may be imposed as provided in Section | 5 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 6 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 7 | | concerning restitution.
| 8 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 9 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 10 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 11 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 12 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 13 | | program.
| 14 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 15 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 16 | | detention prior to judgment.
| 17 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 18 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 19 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 20 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 21 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 22 | | electronic monitoring and home detention.
| 23 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 24 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 25 | | 5/5-8-1), the parole or mandatory supervised release term shall | 26 | | be one year upon release from imprisonment.
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| 1 | | (Source: P.A. 100-431, eff. 8-25-17.) | 2 | | (730 ILCS 5/5-4.5-45) | 3 | | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | 4 | | felony: | 5 | | (a) TERM. The sentence of imprisonment shall be a | 6 | | determinate sentence of not less than one year and not more | 7 | | than 3 years. The sentence of imprisonment for an extended term | 8 | | Class 4 felony, as provided in Section 5-8-2 (730 ILCS | 9 | | 5/5-8-2), shall be a term not less than 3 years and not more | 10 | | than 6 years.
| 11 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 12 | | imprisonment shall be for a definite term of up to 18 months, | 13 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 14 | | ILCS 5/5-5-3 or 5/5-7-1).
| 15 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 16 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 17 | | the impact incarceration program or the county impact | 18 | | incarceration program.
| 19 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 20 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 21 | | period of probation or conditional discharge shall not exceed | 22 | | 30 months. The court shall specify the conditions of probation | 23 | | or conditional discharge as set forth in Section 5-6-3 (730 | 24 | | ILCS 5/5-6-3).
| 25 | | (e) FINE. Fines may be imposed as provided in Section |
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| 1 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 2 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 3 | | concerning restitution.
| 4 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 5 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 6 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 7 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 8 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 9 | | program.
| 10 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 11 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 12 | | detention prior to judgment.
| 13 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 14 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 15 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 16 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 17 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 18 | | electronic monitoring and home detention.
| 19 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 20 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 21 | | 5/5-8-1), the parole or mandatory supervised release term shall | 22 | | be one year upon release from imprisonment.
| 23 | | (Source: P.A. 100-431, eff. 8-25-17.) | 24 | | (730 ILCS 5/5-4.5-50) | 25 | | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except |
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| 1 | | as otherwise provided, for all felonies: | 2 | | (a) NO SUPERVISION. The court, upon a plea of guilty or a | 3 | | stipulation by the defendant of the facts supporting the charge | 4 | | or a finding of guilt, may not defer further proceedings and | 5 | | the imposition of a sentence and may not enter an order for | 6 | | supervision of the defendant. | 7 | | (b) FELONY FINES. An offender may be sentenced to pay a | 8 | | fine not to exceed, for each offense, $25,000 or the amount | 9 | | specified in the offense, whichever is greater, or if the | 10 | | offender is a corporation, $50,000 or the amount specified in | 11 | | the offense, whichever is greater. A fine may be imposed in | 12 | | addition to a sentence of conditional discharge, probation, | 13 | | periodic imprisonment, or imprisonment. See Article 9 of | 14 | | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of | 15 | | additional amounts and determination of amounts and payment. | 16 | | The court shall consider the offender's financial | 17 | | circumstances and ability to pay before and after imprisonment | 18 | | before assessing any fine. | 19 | | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | 20 | | each felony conviction shall set forth his or her reasons for | 21 | | imposing the particular sentence entered in the case, as | 22 | | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may | 23 | | include any mitigating or aggravating factors specified in this | 24 | | Code, or the lack of any such factors, as well as any other | 25 | | mitigating or aggravating factors that the judge sets forth on | 26 | | the record that are consistent with the purposes and principles |
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| 1 | | of sentencing set out in this Code. | 2 | | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | 3 | | sentence may be made, or the court may reduce a sentence | 4 | | without motion, within 30 days after the sentence is imposed. A | 5 | | defendant's challenge to the correctness of a sentence or to | 6 | | any aspect of the sentencing hearing shall be made by a written | 7 | | motion filed with the circuit court clerk within 30 days | 8 | | following the imposition of sentence. A motion not filed within | 9 | | that 30-day period is not timely. The court may not increase a | 10 | | sentence once it is imposed. A notice of motion must be filed | 11 | | with the motion. The notice of motion shall set the motion on | 12 | | the court's calendar on a date certain within a reasonable time | 13 | | after the date of filing. | 14 | | If a motion filed pursuant to this subsection is timely | 15 | | filed, the proponent of the motion shall exercise due diligence | 16 | | in seeking a determination on the motion and the court shall | 17 | | thereafter decide the motion within a reasonable time. | 18 | | If a motion filed pursuant to this subsection is timely | 19 | | filed, then for purposes of perfecting an appeal, a final | 20 | | judgment is not considered to have been entered until the | 21 | | motion to reduce the sentence has been decided by order entered | 22 | | by the trial court. | 23 | | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR | 24 | | OTHER-STATE SENTENCE. A defendant who has a previous and | 25 | | unexpired sentence of imprisonment imposed by another state or | 26 | | by any district court of the United States and who, after |
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| 1 | | sentence for a crime in Illinois, must return to serve the | 2 | | unexpired prior sentence may have his or her sentence by the | 3 | | Illinois court ordered to be concurrent with the prior | 4 | | other-state or federal sentence. The court may order that any | 5 | | time served on the unexpired portion of the other-state or | 6 | | federal sentence, prior to his or her return to Illinois, shall | 7 | | be credited on his or her Illinois sentence. The appropriate | 8 | | official of the other state or the United States shall be | 9 | | furnished with a copy of the order imposing sentence, which | 10 | | shall provide that, when the offender is released from | 11 | | other-state or federal confinement, whether by parole or by | 12 | | termination of sentence, the offender shall be transferred by | 13 | | the Sheriff of the committing Illinois county to the Illinois | 14 | | Department of Corrections. The court shall cause the Department | 15 | | of Corrections to be notified of the sentence at the time of | 16 | | commitment and to be provided with copies of all records | 17 | | regarding the sentence. | 18 | | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | 19 | | defendant who has a previous and unexpired sentence of | 20 | | imprisonment imposed by an Illinois circuit court for a crime | 21 | | in this State and who is subsequently sentenced to a term of | 22 | | imprisonment by another state or by any district court of the | 23 | | United States and who has served a term of imprisonment imposed | 24 | | by the other state or district court of the United States, and | 25 | | must return to serve the unexpired prior sentence imposed by | 26 | | the Illinois circuit court, may apply to the Illinois circuit |
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| 1 | | court that imposed sentence to have his or her sentence | 2 | | reduced. | 3 | | The circuit court may order that any time served on the | 4 | | sentence imposed by the other state or district court of the | 5 | | United States be credited on his or her Illinois sentence. The | 6 | | application for reduction of a sentence under this subsection | 7 | | shall be made within 30 days after the defendant has completed | 8 | | the sentence imposed by the other state or district court of | 9 | | the United States.
| 10 | | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | 11 | | sentence or disposition that requires the defendant to be | 12 | | implanted or injected with or to use any form of birth control.
| 13 | | (Source: P.A. 95-1052, eff. 7-1-09 .) | 14 | | (730 ILCS 5/5-4.5-85)
| 15 | | Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE. | 16 | | (a) FELONY. The particular classification of each felony is | 17 | | specified in the law defining the felony. Any unclassified | 18 | | offense that is declared by law to be a felony or that provides | 19 | | a sentence to a term of imprisonment for one year or more is a | 20 | | Class 4 felony. | 21 | | (b) MISDEMEANOR. The particular classification of each | 22 | | misdemeanor is specified in the law or ordinance defining the | 23 | | misdemeanor. | 24 | | (1) Any offense not so classified that provides a | 25 | | sentence to a term of imprisonment of less than one year |
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| 1 | | but in excess of 6 months is a Class A misdemeanor. | 2 | | (2) Any offense not so classified that provides a | 3 | | sentence to a term of imprisonment of 6 months or less but | 4 | | in excess of 30 days is a Class B misdemeanor. | 5 | | (3) Any offense not so classified that provides a | 6 | | sentence to a term of imprisonment of 30 days or less is a | 7 | | Class C misdemeanor. | 8 | | (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense | 9 | | that does not provide for a sentence of imprisonment is a petty | 10 | | offense or a business offense.
| 11 | | (Source: P.A. 95-1052, eff. 7-1-09 .) | 12 | | (730 ILCS 5/5-4.5-95) | 13 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 14 | | (a) HABITUAL CRIMINALS. | 15 | | (1) Every person who has been twice convicted in any | 16 | | state or federal court of an offense that contains the same | 17 | | elements as an offense now (the date of the offense | 18 | | committed after the 2 prior convictions) classified in | 19 | | Illinois as a Class X felony, criminal sexual assault, | 20 | | aggravated kidnapping, or first degree murder, and who is | 21 | | thereafter convicted of a Class X felony, criminal sexual | 22 | | assault, or first degree murder, committed after the 2 | 23 | | prior convictions, shall be adjudged an habitual criminal. | 24 | | (2) The 2 prior convictions need not have been for the | 25 | | same offense. |
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| 1 | | (3) Any convictions that result from or are connected | 2 | | with the same transaction, or result from offenses | 3 | | committed at the same time, shall be counted for the | 4 | | purposes of this Section as one conviction. | 5 | | (4) This Section does not apply unless each of the | 6 | | following requirements are satisfied: | 7 | | (A) The third offense was committed after July 3, | 8 | | 1980. | 9 | | (B) The third offense was committed within 20 years | 10 | | of the date that judgment was entered on the first | 11 | | conviction; provided, however, that time spent in | 12 | | custody shall not be counted. | 13 | | (C) The third offense was committed after | 14 | | conviction on the second offense. | 15 | | (D) The second offense was committed after | 16 | | conviction on the first offense. | 17 | | (5) Anyone who, having attained the age of 18 at the | 18 | | time of the third offense, is adjudged an habitual criminal | 19 | | shall be sentenced to a term of natural life imprisonment. | 20 | | (6) A prior conviction shall not be alleged in the | 21 | | indictment, and no evidence or other disclosure of that | 22 | | conviction shall be presented to the court or the jury | 23 | | during the trial of an offense set forth in this Section | 24 | | unless otherwise permitted by the issues properly raised in | 25 | | that trial. After a plea or verdict or finding of guilty | 26 | | and before sentence is imposed, the prosecutor may file |
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| 1 | | with the court a verified written statement signed by the | 2 | | State's Attorney concerning any former conviction of an | 3 | | offense set forth in this Section rendered against the | 4 | | defendant. The court shall then cause the defendant to be | 5 | | brought before it; shall inform the defendant of the | 6 | | allegations of the statement so filed, and of his or her | 7 | | right to a hearing before the court on the issue of that | 8 | | former conviction and of his or her right to counsel at | 9 | | that hearing; and unless the defendant admits such | 10 | | conviction, shall hear and determine the issue, and shall | 11 | | make a written finding thereon. If a sentence has | 12 | | previously been imposed, the court may vacate that sentence | 13 | | and impose a new sentence in accordance with this Section. | 14 | | (7) A duly authenticated copy of the record of any | 15 | | alleged former conviction of an offense set forth in this | 16 | | Section shall be prima facie evidence of that former | 17 | | conviction; and a duly authenticated copy of the record of | 18 | | the defendant's final release or discharge from probation | 19 | | granted, or from sentence and parole supervision (if any) | 20 | | imposed pursuant to that former conviction, shall be prima | 21 | | facie evidence of that release or discharge. | 22 | | (8) Any claim that a previous conviction offered by the | 23 | | prosecution is not a former conviction of an offense set | 24 | | forth in this Section because of the existence of any | 25 | | exceptions described in this Section, is waived unless duly | 26 | | raised at the hearing on that conviction, or unless the |
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| 1 | | prosecution's proof shows the existence of the exceptions | 2 | | described in this Section. | 3 | | (9) If the person so convicted shows to the | 4 | | satisfaction of the court before whom that conviction was | 5 | | had that he or she was released from imprisonment, upon | 6 | | either of the sentences upon a pardon granted for the | 7 | | reason that he or she was innocent, that conviction and | 8 | | sentence shall not be considered under this Section.
| 9 | | (b) (Blank). When a defendant, over the age of 21 years, is | 10 | | convicted of a Class 1 or Class 2 felony, except for an offense | 11 | | listed in subsection (c) of this Section, after having twice | 12 | | been convicted in any state or federal court of an offense that | 13 | | contains the same elements as an offense now (the date the | 14 | | Class 1 or Class 2 felony was committed) classified in Illinois | 15 | | as a Class 2 or greater Class felony, except for an offense | 16 | | listed in subsection (c) of this Section, and those charges are | 17 | | separately brought and tried and arise out of different series | 18 | | of acts, that defendant shall be sentenced as a Class X | 19 | | offender. This subsection does not apply unless: | 20 | | (1) the first felony was committed after February 1, | 21 | | 1978 (the effective date of Public Act 80-1099); | 22 | | (2) the second felony was committed after conviction on | 23 | | the first; and | 24 | | (3) the third felony was committed after conviction on | 25 | | the second. | 26 | | (c) (Blank). Subsection (b) of this Section does not apply |
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| 1 | | to Class 1 or Class 2 felony convictions for a violation of | 2 | | Section 16-1 of the Criminal Code of 2012. | 3 | | A person sentenced as a Class X offender under this | 4 | | subsection (b) is not eligible to apply for treatment as a | 5 | | condition of probation as provided by Section 40-10 of the | 6 | | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | 7 | | 301/40-10).
| 8 | | (Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18 .)
| 9 | | Section 999. Effective date. This Act takes effect upon | 10 | | becoming law.
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