Illinois General Assembly - Full Text of HB6631
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Full Text of HB6631  99th General Assembly

HB6631 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6631

 

Introduced , by Rep. Jehan Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Criminal Justice Information Act. Provides that the Illinois Criminal Justice Information Authority shall conduct strategic planning and provide technical assistance to implement comprehensive trauma recovery services for violent crime victims in underserved communities with high-levels of violent crime, with the goal of providing a safe, community-based, culturally competent environment in which to access services necessary to facilitate recovery from the effects of chronic and repeat exposure to trauma. Provides that services may include, but are not limited to, behavioral health treatment, financial recovery, family support and relocation assistance, and support in navigating the legal system. Amends the Unified Code of Corrections. Changes sentence credit for good conduct in specific instances to earned sentence credit for good conduct in specific instances as the Director of Corrections deems proper. Provides that the program credit is not available to sex offenders. Deletes provisions that an offender may not receive probation, periodic imprisonment, or conditional discharge for certain drug offenses, or for Class 2 felony offenses that are not sex offenses or deadly weapon offenses if the offender has received a sentence for a Class 2 felony and has previously been convicted of a Class 2 or greater felony.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law, which may be referred to as
2the Neighborhood Safety Act.
 
3    WHEREAS, Victims experience chronic and repeat trauma and
4often lack adequate support in recovering from crime; and
 
5    WHEREAS, Best practices in criminal justice indicate
6incentives and discretion work better than mandates; therefore
 
7    Be it enacted by the People of the State of Illinois,
8represented in the General Assembly:
 
9    Section 5. The Illinois Criminal Justice Information Act is
10amended by changing Section 7 as follows:
 
11    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
12    Sec. 7. Powers and Duties. The Authority shall have the
13following powers, duties and responsibilities:
14        (a) To develop and operate comprehensive information
15    systems for the improvement and coordination of all aspects
16    of law enforcement, prosecution and corrections;
17        (b) To define, develop, evaluate and correlate State
18    and local programs and projects associated with the
19    improvement of law enforcement and the administration of
20    criminal justice;
21        (c) To act as a central repository and clearing house

 

 

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1    for federal, state and local research studies, plans,
2    projects, proposals and other information relating to all
3    aspects of criminal justice system improvement and to
4    encourage educational programs for citizen support of
5    State and local efforts to make such improvements;
6        (d) To undertake research studies to aid in
7    accomplishing its purposes;
8        (e) To monitor the operation of existing criminal
9    justice information systems in order to protect the
10    constitutional rights and privacy of individuals about
11    whom criminal history record information has been
12    collected;
13        (f) To provide an effective administrative forum for
14    the protection of the rights of individuals concerning
15    criminal history record information;
16        (g) To issue regulations, guidelines and procedures
17    which ensure the privacy and security of criminal history
18    record information consistent with State and federal laws;
19        (h) To act as the sole administrative appeal body in
20    the State of Illinois to conduct hearings and make final
21    determinations concerning individual challenges to the
22    completeness and accuracy of criminal history record
23    information;
24        (i) To act as the sole, official, criminal justice body
25    in the State of Illinois to conduct annual and periodic
26    audits of the procedures, policies, and practices of the

 

 

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1    State central repositories for criminal history record
2    information to verify compliance with federal and state
3    laws and regulations governing such information;
4        (j) To advise the Authority's Statistical Analysis
5    Center;
6        (k) To apply for, receive, establish priorities for,
7    allocate, disburse and spend grants of funds that are made
8    available by and received on or after January 1, 1983 from
9    private sources or from the United States pursuant to the
10    federal Crime Control Act of 1973, as amended, and similar
11    federal legislation, and to enter into agreements with the
12    United States government to further the purposes of this
13    Act, or as may be required as a condition of obtaining
14    federal funds;
15        (l) To receive, expend and account for such funds of
16    the State of Illinois as may be made available to further
17    the purposes of this Act;
18        (m) To enter into contracts and to cooperate with units
19    of general local government or combinations of such units,
20    State agencies, and criminal justice system agencies of
21    other states for the purpose of carrying out the duties of
22    the Authority imposed by this Act or by the federal Crime
23    Control Act of 1973, as amended;
24        (n) To enter into contracts and cooperate with units of
25    general local government outside of Illinois, other
26    states' agencies, and private organizations outside of

 

 

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1    Illinois to provide computer software or design that has
2    been developed for the Illinois criminal justice system, or
3    to participate in the cooperative development or design of
4    new software or systems to be used by the Illinois criminal
5    justice system. Revenues received as a result of such
6    arrangements shall be deposited in the Criminal Justice
7    Information Systems Trust Fund; .
8        (o) To establish general policies concerning criminal
9    justice information systems and to promulgate such rules,
10    regulations and procedures as are necessary to the
11    operation of the Authority and to the uniform consideration
12    of appeals and audits;
13        (p) To advise and to make recommendations to the
14    Governor and the General Assembly on policies relating to
15    criminal justice information systems;
16        (q) To direct all other agencies under the jurisdiction
17    of the Governor to provide whatever assistance and
18    information the Authority may lawfully require to carry out
19    its functions;
20        (r) To exercise any other powers that are reasonable
21    and necessary to fulfill the responsibilities of the
22    Authority under this Act and to comply with the
23    requirements of applicable federal law or regulation;
24        (s) To exercise the rights, powers and duties which
25    have been vested in the Authority by the "Illinois Uniform
26    Conviction Information Act", enacted by the 85th General

 

 

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1    Assembly, as hereafter amended;
2        (t) To exercise the rights, powers and duties which
3    have been vested in the Authority by the Illinois Motor
4    Vehicle Theft Prevention Act;
5        (u) To exercise the rights, powers, and duties vested
6    in the Authority by the Illinois Public Safety Agency
7    Network Act; and
8        (v) To provide technical assistance in the form of
9    training to local governmental entities within Illinois
10    requesting such assistance for the purposes of procuring
11    grants for gang intervention and gang prevention programs
12    or other criminal justice programs from the United States
13    Department of Justice; and .
14        (w) To conduct strategic planning and provide
15    technical assistance to implement comprehensive trauma
16    recovery services for violent crime victims in underserved
17    communities with high-levels of violent crime, with the
18    goal of providing a safe, community-based, culturally
19    competent environment in which to access services
20    necessary to facilitate recovery from the effects of
21    chronic and repeat exposure to trauma. Services may
22    include, but are not limited to, behavioral health
23    treatment, financial recovery, family support and
24    relocation assistance, and support in navigating the legal
25    system.
26    The requirement for reporting to the General Assembly shall

 

 

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1be satisfied by filing copies of the report with the Speaker,
2the Minority Leader and the Clerk of the House of
3Representatives and the President, the Minority Leader and the
4Secretary of the Senate and the Legislative Research Unit, as
5required by Section 3.1 of "An Act to revise the law in
6relation to the General Assembly", approved February 25, 1874,
7as amended, and filing such additional copies with the State
8Government Report Distribution Center for the General Assembly
9as is required under paragraph (t) of Section 7 of the State
10Library Act.
11(Source: P.A. 97-435, eff. 1-1-12.)
 
12    Section 10. The Unified Code of Corrections is amended by
13changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
 
14    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
15    Sec. 3-6-3. Rules and regulations for sentence credit.
16    (a)(1) The Department of Corrections shall prescribe rules
17and regulations for awarding and revoking sentence credit for
18persons committed to the Department which shall be subject to
19review by the Prisoner Review Board.
20    (1.5) As otherwise provided by law, sentence credit may be
21awarded for the following:
22        (A) successful completion of programming while in
23    custody of the Department or while in custody prior to
24    sentencing;

 

 

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1        (B) compliance with the rules and regulations of the
2    Department; or
3        (C) service to the institution, service to a community,
4    or service to the State.
5    (2) The rules and regulations on sentence credit shall
6provide, with respect to offenses listed in clause (i), (ii),
7or (iii) of this paragraph (2) committed on or after June 19,
81998 or with respect to the offense listed in clause (iv) of
9this paragraph (2) committed on or after June 23, 2005 (the
10effective date of Public Act 94-71) or with respect to offense
11listed in clause (vi) committed on or after June 1, 2008 (the
12effective date of Public Act 95-625) or with respect to the
13offense of being an armed habitual criminal committed on or
14after August 2, 2005 (the effective date of Public Act 94-398)
15or with respect to the offenses listed in clause (v) of this
16paragraph (2) committed on or after August 13, 2007 (the
17effective date of Public Act 95-134) or with respect to the
18offense of aggravated domestic battery committed on or after
19July 23, 2010 (the effective date of Public Act 96-1224) or
20with respect to the offense of attempt to commit terrorism
21committed on or after January 1, 2013 (the effective date of
22Public Act 97-990), 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 gunrunning,
9    narcotics racketeering, controlled substance trafficking,
10    methamphetamine trafficking, drug-induced homicide,
11    aggravated methamphetamine-related child endangerment,
12    money laundering pursuant to clause (c) (4) or (5) of
13    Section 29B-1 of the Criminal Code of 1961 or the Criminal
14    Code of 2012, or a Class X felony conviction for delivery
15    of a controlled substance, possession of a controlled
16    substance with intent to manufacture or deliver,
17    calculated criminal drug conspiracy, criminal drug
18    conspiracy, street gang criminal drug conspiracy,
19    participation in methamphetamine manufacturing, aggravated
20    participation in methamphetamine manufacturing, delivery
21    of methamphetamine, possession with intent to deliver
22    methamphetamine, aggravated delivery of methamphetamine,
23    aggravated possession with intent to deliver
24    methamphetamine, methamphetamine conspiracy when the
25    substance containing the controlled substance or
26    methamphetamine is 100 grams or more shall receive no more

 

 

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1    than 7.5 days sentence credit for each month of his or her
2    sentence of imprisonment;
3        (vi) that a prisoner serving a sentence for a second or
4    subsequent offense of luring a minor shall receive no more
5    than 4.5 days of sentence credit for each month of his or
6    her sentence of imprisonment; and
7        (vii) that a prisoner serving a sentence for aggravated
8    domestic battery shall receive no more than 4.5 days of
9    sentence credit for each month of his or her sentence of
10    imprisonment.
11    (2.1) For all offenses, other than those enumerated in
12subdivision (a)(2)(i), (ii), or (iii) committed on or after
13June 19, 1998 or subdivision (a)(2)(iv) committed on or after
14June 23, 2005 (the effective date of Public Act 94-71) or
15subdivision (a)(2)(v) committed on or after August 13, 2007
16(the effective date of Public Act 95-134) or subdivision
17(a)(2)(vi) committed on or after June 1, 2008 (the effective
18date of Public Act 95-625) or subdivision (a)(2)(vii) committed
19on or after July 23, 2010 (the effective date of Public Act
2096-1224), and other than the offense of aggravated driving
21under the influence of alcohol, other drug or drugs, or
22intoxicating compound or compounds, or any combination thereof
23as defined in subparagraph (F) of paragraph (1) of subsection
24(d) of Section 11-501 of the Illinois Vehicle Code, and other
25than the offense of aggravated driving under the influence of
26alcohol, other drug or drugs, or intoxicating compound or

 

 

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1compounds, or any combination thereof as defined in
2subparagraph (C) of paragraph (1) of subsection (d) of Section
311-501 of the Illinois Vehicle Code committed on or after
4January 1, 2011 (the effective date of Public Act 96-1230), the
5rules and regulations shall provide that a prisoner who is
6serving a term of imprisonment shall receive one day of
7sentence credit for each day of his or her sentence of
8imprisonment or recommitment under Section 3-3-9. Each day of
9sentence credit shall reduce by one day the prisoner's period
10of imprisonment or recommitment under Section 3-3-9.
11    (2.2) A prisoner serving a term of natural life
12imprisonment or a prisoner who has been sentenced to death
13shall receive no sentence credit.
14    (2.3) The rules and regulations on sentence credit shall
15provide that a prisoner who is serving a sentence for
16aggravated driving under the influence of alcohol, other drug
17or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of paragraph
19(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
20Code, shall receive no more than 4.5 days of sentence credit
21for each month of his or her sentence of imprisonment.
22    (2.4) The rules and regulations on sentence credit shall
23provide with respect to the offenses of aggravated battery with
24a machine gun or a firearm equipped with any device or
25attachment designed or used for silencing the report of a
26firearm or aggravated discharge of a machine gun or a firearm

 

 

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1equipped with any device or attachment designed or used for
2silencing the report of a firearm, committed on or after July
315, 1999 (the effective date of Public Act 91-121), that a
4prisoner serving a sentence for any of these offenses shall
5receive no more than 4.5 days of sentence credit for each month
6of his or her sentence of imprisonment.
7    (2.5) The rules and regulations on sentence credit shall
8provide that a prisoner who is serving a sentence for
9aggravated arson committed on or after July 27, 2001 (the
10effective date of Public Act 92-176) shall receive no more than
114.5 days of sentence credit for each month of his or her
12sentence of imprisonment.
13    (2.6) The rules and regulations on sentence credit shall
14provide that a prisoner who is serving a sentence for
15aggravated driving under the influence of alcohol, other drug
16or drugs, or intoxicating compound or compounds or any
17combination thereof as defined in subparagraph (C) of paragraph
18(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
19Code committed on or after January 1, 2011 (the effective date
20of Public Act 96-1230) shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (3) The rules and regulations shall also provide that the
24Director may award up to 180 days of earned additional sentence
25credit for good conduct in specific instances as the Director
26deems proper. The good conduct may include, but is not limited

 

 

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1to, compliance with the rules and regulations of the
2Department, service to the Department, service to a community,
3or service to the State. However, the Director shall not award
4more than 90 days of sentence credit for good conduct to any
5prisoner who is serving a sentence for conviction of first
6degree murder, reckless homicide while under the influence of
7alcohol or any other drug, or aggravated driving under the
8influence of alcohol, other drug or drugs, or intoxicating
9compound or compounds, or any combination thereof as defined in
10subparagraph (F) of paragraph (1) of subsection (d) of Section
1111-501 of the Illinois Vehicle Code, aggravated kidnapping,
12kidnapping, predatory criminal sexual assault of a child,
13aggravated criminal sexual assault, criminal sexual assault,
14deviate sexual assault, aggravated criminal sexual abuse,
15aggravated indecent liberties with a child, indecent liberties
16with a child, child pornography, heinous battery as described
17in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
18aggravated battery of a spouse, aggravated battery of a spouse
19with a firearm, stalking, aggravated stalking, aggravated
20battery of a child as described in Section 12-4.3 or
21subdivision (b)(1) of Section 12-3.05, endangering the life or
22health of a child, or cruelty to a child. Notwithstanding the
23foregoing, sentence credit for good conduct shall not be
24awarded on a sentence of imprisonment imposed for conviction
25of: (i) one of the offenses enumerated in subdivision
26(a)(2)(i), (ii), or (iii) when the offense is committed on or

 

 

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1after June 19, 1998 or subdivision (a)(2)(iv) when the offense
2is committed on or after June 23, 2005 (the effective date of
3Public Act 94-71) or subdivision (a)(2)(v) when the offense is
4committed on or after August 13, 2007 (the effective date of
5Public Act 95-134) or subdivision (a)(2)(vi) when the offense
6is committed on or after June 1, 2008 (the effective date of
7Public Act 95-625) or subdivision (a)(2)(vii) when the offense
8is committed on or after July 23, 2010 (the effective date of
9Public Act 96-1224), (ii) aggravated driving under the
10influence of alcohol, other drug or drugs, or intoxicating
11compound or compounds, or any combination thereof as defined in
12subparagraph (F) of paragraph (1) of subsection (d) of Section
1311-501 of the Illinois Vehicle Code, (iii) one of the offenses
14enumerated in subdivision (a)(2.4) when the offense is
15committed on or after July 15, 1999 (the effective date of
16Public Act 91-121), (iv) aggravated arson when the offense is
17committed on or after July 27, 2001 (the effective date of
18Public Act 92-176), (v) offenses that may subject the offender
19to commitment under the Sexually Violent Persons Commitment
20Act, or (vi) aggravated driving under the influence of alcohol,
21other drug or drugs, or intoxicating compound or compounds or
22any combination thereof as defined in subparagraph (C) of
23paragraph (1) of subsection (d) of Section 11-501 of the
24Illinois Vehicle Code committed on or after January 1, 2011
25(the effective date of Public Act 96-1230).
26    Eligible inmates for an award of earned sentence credit

 

 

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1under this paragraph (3) may be selected to receive the credit
2at the Director's or his or her designee's sole discretion.
3Eligibility for the additional earned sentence credit under
4this paragraph (3) shall be based on, but is not limited to,
5the results of any available risk/needs assessment or other
6relevant assessments or evaluations administered by the
7Department using a validated instrument, the circumstances of
8the crime, any history of conviction for a forcible felony
9enumerated in Section 2-8 of the Criminal Code of 2012, the
10inmate's behavior and disciplinary history while incarcerated,
11and the inmate's commitment to rehabilitation, including
12participation in programming offered by the Department.
13Consideration may be based on, but not limited to, any
14available risk assessment analysis on the inmate, any history
15of conviction for violent crimes as defined by the Rights of
16Crime Victims and Witnesses Act, facts and circumstances of the
17inmate's holding offense or offenses, and the potential for
18rehabilitation.
19    The Director shall not award sentence credit under this
20paragraph (3) to an inmate unless the inmate has served a
21minimum of 60 days of the sentence; except nothing in this
22paragraph shall be construed to permit the Director to extend
23an inmate's sentence beyond that which was imposed by the
24court. Prior to awarding credit under this paragraph (3), the
25Director shall make a written determination that the inmate:
26        (A) is eligible for the earned sentence credit;

 

 

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1        (B) has served a minimum of 60 days, or as close to 60
2    days as the sentence will allow; and
3        (B-1) has received a risk/needs assessment or other
4    relevant evaluation or assessment administered by the
5    Department using a validated instrument; and
6        (C) has met the eligibility criteria established by
7    rule for earned sentence credit.
8    The Director shall determine the form and content of the
9written determination required in this subsection.
10    (3.5) The Department shall provide annual written reports
11to the Governor and the General Assembly on the award of earned
12sentence credit for good conduct, with the first report due
13January 1, 2014. The Department must publish both reports on
14its website within 48 hours of transmitting the reports to the
15Governor and the General Assembly. The reports must include:
16        (A) the number of inmates awarded earned sentence
17    credit for good conduct;
18        (B) the average amount of earned sentence credit for
19    good conduct awarded;
20        (C) the holding offenses of inmates awarded earned
21    sentence credit for good conduct; and
22        (D) the number of earned sentence credit for good
23    conduct revocations.
24    (4) The rules and regulations shall also provide that the
25sentence credit accumulated and retained under paragraph (2.1)
26of subsection (a) of this Section by any inmate during specific

 

 

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1periods of time in which such inmate is engaged full-time in
2substance abuse programs, correctional industry assignments,
3educational programs, behavior modification programs, life
4skills courses, or re-entry planning provided by the Department
5under this paragraph (4) and satisfactorily completes the
6assigned program as determined by the standards of the
7Department, shall be multiplied by a factor of 1.25 for program
8participation before August 11, 1993 and 1.50 for program
9participation on or after that date. The rules and regulations
10shall also provide that sentence credit, subject to the same
11offense limits and multiplier provided in this paragraph, may
12be provided to an inmate who was held in pre-trial detention
13prior to his or her current commitment to the Department of
14Corrections and successfully completed a full-time, 60-day or
15longer substance abuse program, educational program, behavior
16modification program, life skills course, or re-entry planning
17provided by the county department of corrections or county
18jail. Calculation of this county program credit shall be done
19at sentencing as provided in Section 5-4.5-100 of this Code and
20shall be included in the sentencing order. However, no inmate
21shall be eligible for the additional sentence credit under this
22paragraph (4) or (4.1) of this subsection (a) while assigned to
23a boot camp or electronic detention, or if convicted of an
24offense under Article 11 or Section 12-13, 12-14, 12-14.1,
2512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
26Code of 2012, or if convicted of an offense enumerated in

 

 

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1subdivision (a)(2)(i), (ii), or (iii) of this Section that is
2committed on or after June 19, 1998 or subdivision (a)(2)(iv)
3of this Section that is committed on or after June 23, 2005
4(the effective date of Public Act 94-71) or subdivision
5(a)(2)(v) of this Section that is committed on or after August
613, 2007 (the effective date of Public Act 95-134) or
7subdivision (a)(2)(vi) when the offense is committed on or
8after June 1, 2008 (the effective date of Public Act 95-625) or
9subdivision (a)(2)(vii) when the offense is committed on or
10after July 23, 2010 (the effective date of Public Act 96-1224),
11or if convicted of aggravated driving under the influence of
12alcohol, other drug or drugs, or intoxicating compound or
13compounds or any combination thereof as defined in subparagraph
14(F) of paragraph (1) of subsection (d) of Section 11-501 of the
15Illinois Vehicle Code, or if convicted of aggravated driving
16under the influence of alcohol, other drug or drugs, or
17intoxicating compound or compounds or any combination thereof
18as defined in subparagraph (C) of paragraph (1) of subsection
19(d) of Section 11-501 of the Illinois Vehicle Code committed on
20or after January 1, 2011 (the effective date of Public Act
2196-1230), or if convicted of an offense enumerated in paragraph
22(a)(2.4) of this Section that is committed on or after July 15,
231999 (the effective date of Public Act 91-121), or first degree
24murder, a Class X felony, criminal sexual assault, felony
25criminal sexual abuse, aggravated criminal sexual abuse,
26aggravated battery with a firearm as described in Section

 

 

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112-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
2Section 12-3.05, or any predecessor or successor offenses with
3the same or substantially the same elements, or any inchoate
4offenses relating to the foregoing offenses. No inmate shall be
5eligible for the additional good conduct credit under this
6paragraph (4) who (i) has previously received increased good
7conduct credit under this paragraph (4) and has subsequently
8been convicted of a felony, or (ii) has previously served more
9than one prior sentence of imprisonment for a felony in an
10adult correctional facility.
11    Educational, vocational, substance abuse, behavior
12modification programs, life skills courses, re-entry planning,
13and correctional industry programs under which sentence credit
14may be increased under this paragraph (4) and paragraph (4.1)
15of this subsection (a) shall be evaluated by the Department on
16the basis of documented standards. The Department shall report
17the results of these evaluations to the Governor and the
18General Assembly by September 30th of each year. The reports
19shall include data relating to the recidivism rate among
20program participants.
21    Availability of these programs shall be subject to the
22limits of fiscal resources appropriated by the General Assembly
23for these purposes. Eligible inmates who are denied immediate
24admission shall be placed on a waiting list under criteria
25established by the Department. The inability of any inmate to
26become engaged in any such programs by reason of insufficient

 

 

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1program resources or for any other reason established under the
2rules and regulations of the Department shall not be deemed a
3cause of action under which the Department or any employee or
4agent of the Department shall be liable for damages to the
5inmate.
6    (4.1) The rules and regulations shall also provide that an
7additional 90 days of sentence credit shall be awarded to any
8prisoner who passes high school equivalency testing while the
9prisoner is committed to the Department of Corrections. The
10sentence credit awarded under this paragraph (4.1) shall be in
11addition to, and shall not affect, the award of sentence credit
12under any other paragraph of this Section, but shall also be
13pursuant to the guidelines and restrictions set forth in
14paragraph (4) of subsection (a) of this Section. The sentence
15credit provided for in this paragraph shall be available only
16to those prisoners who have not previously earned a high school
17diploma or a high school equivalency certificate. If, after an
18award of the high school equivalency testing sentence credit
19has been made, the Department determines that the prisoner was
20not eligible, then the award shall be revoked. The Department
21may also award 90 days of sentence credit to any committed
22person who passed high school equivalency testing while he or
23she was held in pre-trial detention prior to the current
24commitment to the Department of Corrections.
25    (4.5) The rules and regulations on sentence credit shall
26also provide that when the court's sentencing order recommends

 

 

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1a prisoner for substance abuse treatment and the crime was
2committed on or after September 1, 2003 (the effective date of
3Public Act 93-354), the prisoner shall receive no sentence
4credit awarded under clause (3) of this subsection (a) unless
5he or she participates in and completes a substance abuse
6treatment program. The Director may waive the requirement to
7participate in or complete a substance abuse treatment program
8and award the sentence credit in specific instances if the
9prisoner is not a good candidate for a substance abuse
10treatment program for medical, programming, or operational
11reasons. Availability of substance abuse treatment shall be
12subject to the limits of fiscal resources appropriated by the
13General Assembly for these purposes. If treatment is not
14available and the requirement to participate and complete the
15treatment has not been waived by the Director, the prisoner
16shall be placed on a waiting list under criteria established by
17the Department. The Director may allow a prisoner placed on a
18waiting list to participate in and complete a substance abuse
19education class or attend substance abuse self-help meetings in
20lieu of a substance abuse treatment program. A prisoner on a
21waiting list who is not placed in a substance abuse program
22prior to release may be eligible for a waiver and receive
23sentence credit under clause (3) of this subsection (a) at the
24discretion of the Director.
25    (4.6) The rules and regulations on sentence credit shall
26also provide that a prisoner who has been convicted of a sex

 

 

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1offense as defined in Section 2 of the Sex Offender
2Registration Act shall receive no sentence credit unless he or
3she either has successfully completed or is participating in
4sex offender treatment as defined by the Sex Offender
5Management Board. However, prisoners who are waiting to receive
6treatment, but who are unable to do so due solely to the lack
7of resources on the part of the Department, may, at the
8Director's sole discretion, be awarded sentence credit at a
9rate as the Director shall determine.
10    (5) (Blank). Whenever the Department is to release any
11inmate earlier than it otherwise would because of a grant of
12sentence credit for good conduct under paragraph (3) of
13subsection (a) of this Section given at any time during the
14term, the Department shall give reasonable notice of the
15impending release not less than 14 days prior to the date of
16the release to the State's Attorney of the county where the
17prosecution of the inmate took place, and if applicable, the
18State's Attorney of the county into which the inmate will be
19released. The Department must also make identification
20information and a recent photo of the inmate being released
21accessible on the Internet by means of a hyperlink labeled
22"Community Notification of Inmate Early Release" on the
23Department's World Wide Web homepage. The identification
24information shall include the inmate's: name, any known alias,
25date of birth, physical characteristics, commitment offense
26and county where conviction was imposed. The identification

 

 

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1information shall be placed on the website within 3 days of the
2inmate's release and the information may not be removed until
3either: completion of the first year of mandatory supervised
4release or return of the inmate to custody of the Department.
5    (b) Whenever a person is or has been committed under
6several convictions, with separate sentences, the sentences
7shall be construed under Section 5-8-4 in granting and
8forfeiting of sentence credit.
9    (c) The Department shall prescribe rules and regulations
10for revoking sentence credit, including revoking sentence
11credit awarded for good conduct under paragraph (3) of
12subsection (a) of this Section. The Department shall prescribe
13rules and regulations for suspending or reducing the rate of
14accumulation of sentence credit for specific rule violations,
15during imprisonment. These rules and regulations shall provide
16that no inmate may be penalized more than one year of sentence
17credit for any one infraction.
18    When the Department seeks to revoke, suspend or reduce the
19rate of accumulation of any sentence credits for an alleged
20infraction of its rules, it shall bring charges therefor
21against the prisoner sought to be so deprived of sentence
22credits before the Prisoner Review Board as provided in
23subparagraph (a)(4) of Section 3-3-2 of this Code, if the
24amount of credit at issue exceeds 30 days or when during any 12
25month period, the cumulative amount of credit revoked exceeds
2630 days except where the infraction is committed or discovered

 

 

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1within 60 days of scheduled release. In those cases, the
2Department of Corrections may revoke up to 30 days of sentence
3credit. The Board may subsequently approve the revocation of
4additional sentence credit, if the Department seeks to revoke
5sentence credit in excess of 30 days. However, the Board shall
6not be empowered to review the Department's decision with
7respect to the loss of 30 days of sentence credit within any
8calendar year for any prisoner or to increase any penalty
9beyond the length requested by the Department.
10    The Director of the Department of Corrections, in
11appropriate cases, may restore up to 30 days of sentence
12credits which have been revoked, suspended or reduced. Any
13restoration of sentence credits in excess of 30 days shall be
14subject to review by the Prisoner Review Board. However, the
15Board may not restore sentence credit in excess of the amount
16requested by the Director.
17    Nothing contained in this Section shall prohibit the
18Prisoner Review Board from ordering, pursuant to Section
193-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
20sentence imposed by the court that was not served due to the
21accumulation of sentence credit.
22    (d) If a lawsuit is filed by a prisoner in an Illinois or
23federal court against the State, the Department of Corrections,
24or the Prisoner Review Board, or against any of their officers
25or employees, and the court makes a specific finding that a
26pleading, motion, or other paper filed by the prisoner is

 

 

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1frivolous, the Department of Corrections shall conduct a
2hearing to revoke up to 180 days of sentence credit by bringing
3charges against the prisoner sought to be deprived of the
4sentence credits before the Prisoner Review Board as provided
5in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
6prisoner has not accumulated 180 days of sentence credit at the
7time of the finding, then the Prisoner Review Board may revoke
8all sentence credit accumulated by the prisoner.
9    For purposes of this subsection (d):
10        (1) "Frivolous" means that a pleading, motion, or other
11    filing which purports to be a legal document filed by a
12    prisoner in his or her lawsuit meets any or all of the
13    following criteria:
14            (A) it lacks an arguable basis either in law or in
15        fact;
16            (B) it is being presented for any improper purpose,
17        such as to harass or to cause unnecessary delay or
18        needless increase in the cost of litigation;
19            (C) the claims, defenses, and other legal
20        contentions therein are not warranted by existing law
21        or by a nonfrivolous argument for the extension,
22        modification, or reversal of existing law or the
23        establishment of new law;
24            (D) the allegations and other factual contentions
25        do not have evidentiary support or, if specifically so
26        identified, are not likely to have evidentiary support

 

 

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1        after a reasonable opportunity for further
2        investigation or discovery; or
3            (E) the denials of factual contentions are not
4        warranted on the evidence, or if specifically so
5        identified, are not reasonably based on a lack of
6        information or belief.
7        (2) "Lawsuit" means a motion pursuant to Section 116-3
8    of the Code of Criminal Procedure of 1963, a habeas corpus
9    action under Article X of the Code of Civil Procedure or
10    under federal law (28 U.S.C. 2254), a petition for claim
11    under the Court of Claims Act, an action under the federal
12    Civil Rights Act (42 U.S.C. 1983), or a second or
13    subsequent petition for post-conviction relief under
14    Article 122 of the Code of Criminal Procedure of 1963
15    whether filed with or without leave of court or a second or
16    subsequent petition for relief from judgment under Section
17    2-1401 of the Code of Civil Procedure.
18    (e) Nothing in Public Act 90-592 or 90-593 affects the
19validity of Public Act 89-404.
20    (f) Whenever the Department is to release any inmate who
21has been convicted of a violation of an order of protection
22under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
23the Criminal Code of 2012, earlier than it otherwise would
24because of a grant of sentence credit, the Department, as a
25condition of release, shall require that the person, upon
26release, be placed under electronic surveillance as provided in

 

 

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1Section 5-8A-7 of this Code.
2(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
3eff. 1-1-16; 99-642, eff. 7-28-16.)
 
4    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
5    (Text of Section before amendment by P.A. 99-861)
6    Sec. 5-4-1. Sentencing Hearing.
7    (a) Except when the death penalty is sought under hearing
8procedures otherwise specified, after a determination of
9guilt, a hearing shall be held to impose the sentence. However,
10prior to the imposition of sentence on an individual being
11sentenced for an offense based upon a charge for a violation of
12Section 11-501 of the Illinois Vehicle Code or a similar
13provision of a local ordinance, the individual must undergo a
14professional evaluation to determine if an alcohol or other
15drug abuse problem exists and the extent of such a problem.
16Programs conducting these evaluations shall be licensed by the
17Department of Human Services. However, if the individual is not
18a resident of Illinois, the court may, in its discretion,
19accept an evaluation from a program in the state of such
20individual's residence. The court may in its sentencing order
21approve an eligible defendant for placement in a Department of
22Corrections impact incarceration program as provided in
23Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
24order recommend a defendant for placement in a Department of
25Corrections substance abuse treatment program as provided in

 

 

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1paragraph (a) of subsection (1) of Section 3-2-2 conditioned
2upon the defendant being accepted in a program by the
3Department of Corrections. At the hearing the court shall:
4        (1) consider the evidence, if any, received upon the
5    trial;
6        (2) consider any presentence reports;
7        (3) consider the financial impact of incarceration
8    based on the financial impact statement filed with the
9    clerk of the court by the Department of Corrections;
10        (4) consider evidence and information offered by the
11    parties in aggravation and mitigation;
12        (4.5) consider substance abuse treatment, eligibility
13    screening, and an assessment, if any, of the defendant by
14    an agent designated by the State of Illinois to provide
15    assessment services for the Illinois courts;
16        (5) hear arguments as to sentencing alternatives;
17        (6) afford the defendant the opportunity to make a
18    statement in his own behalf;
19        (7) afford the victim of a violent crime or a violation
20    of Section 11-501 of the Illinois Vehicle Code, or a
21    similar provision of a local ordinance, or a qualified
22    individual affected by: (i) a violation of Section 405,
23    405.1, 405.2, or 407 of the Illinois Controlled Substances
24    Act or a violation of Section 55 or Section 65 of the
25    Methamphetamine Control and Community Protection Act, or
26    (ii) a Class 4 felony violation of Section 11-14, 11-14.3

 

 

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1    except as described in subdivisions (a)(2)(A) and
2    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
3    Criminal Code of 1961 or the Criminal Code of 2012,
4    committed by the defendant the opportunity to make a
5    statement concerning the impact on the victim and to offer
6    evidence in aggravation or mitigation; provided that the
7    statement and evidence offered in aggravation or
8    mitigation must first be prepared in writing in conjunction
9    with the State's Attorney before it may be presented orally
10    at the hearing. Any sworn testimony offered by the victim
11    is subject to the defendant's right to cross-examine. All
12    statements and evidence offered under this paragraph (7)
13    shall become part of the record of the court. For the
14    purpose of this paragraph (7), "qualified individual"
15    means any person who (i) lived or worked within the
16    territorial jurisdiction where the offense took place when
17    the offense took place; and (ii) is familiar with various
18    public places within the territorial jurisdiction where
19    the offense took place when the offense took place. For the
20    purposes of this paragraph (7), "qualified individual"
21    includes any peace officer, or any member of any duly
22    organized State, county, or municipal peace unit assigned
23    to the territorial jurisdiction where the offense took
24    place when the offense took place;
25        (8) in cases of reckless homicide afford the victim's
26    spouse, guardians, parents or other immediate family

 

 

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1    members an opportunity to make oral statements;
2        (9) in cases involving a felony sex offense as defined
3    under the Sex Offender Management Board Act, consider the
4    results of the sex offender evaluation conducted pursuant
5    to Section 5-3-2 of this Act; and
6        (10) make a finding of whether a motor vehicle was used
7    in the commission of the offense for which the defendant is
8    being sentenced.
9    (b) All sentences shall be imposed by the judge based upon
10his independent assessment of the elements specified above and
11any agreement as to sentence reached by the parties. The judge
12who presided at the trial or the judge who accepted the plea of
13guilty shall impose the sentence unless he is no longer sitting
14as a judge in that court. Where the judge does not impose
15sentence at the same time on all defendants who are convicted
16as a result of being involved in the same offense, the
17defendant or the State's Attorney may advise the sentencing
18court of the disposition of any other defendants who have been
19sentenced.
20    (c) In imposing a sentence for a violent crime or for an
21offense of operating or being in physical control of a vehicle
22while under the influence of alcohol, any other drug or any
23combination thereof, or a similar provision of a local
24ordinance, when such offense resulted in the personal injury to
25someone other than the defendant, the trial judge shall specify
26on the record the particular evidence, information, factors in

 

 

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1mitigation and aggravation or other reasons that led to his
2sentencing determination. The full verbatim record of the
3sentencing hearing shall be filed with the clerk of the court
4and shall be a public record.
5    (c-1) In imposing a sentence for the offense of aggravated
6kidnapping for ransom, home invasion, armed robbery,
7aggravated vehicular hijacking, aggravated discharge of a
8firearm, or armed violence with a category I weapon or category
9II weapon, the trial judge shall make a finding as to whether
10the conduct leading to conviction for the offense resulted in
11great bodily harm to a victim, and shall enter that finding and
12the basis for that finding in the record.
13    (c-2) If the defendant is sentenced to prison, other than
14when a sentence of natural life imprisonment or a sentence of
15death is imposed, at the time the sentence is imposed the judge
16shall state on the record in open court the approximate period
17of time the defendant will serve in custody according to the
18then current statutory rules and regulations for sentence
19credit found in Section 3-6-3 and other related provisions of
20this Code. This statement is intended solely to inform the
21public, has no legal effect on the defendant's actual release,
22and may not be relied on by the defendant on appeal.
23    The judge's statement, to be given after pronouncing the
24sentence, other than when the sentence is imposed for one of
25the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
26shall include the following:

 

 

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1    "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, assuming the defendant receives all of his or her
8sentence credit, the period of estimated actual custody is ...
9years and ... months, less up to 180 days additional sentence
10credit for good conduct. If the defendant, because of his or
11her own misconduct or failure to comply with the institutional
12regulations, does not receive those credits, the actual time
13served in prison will be longer. The defendant may also receive
14an additional one-half day sentence credit for each day of
15participation in vocational, industry, substance abuse, and
16educational programs as provided for by Illinois statute."
17    When the sentence is imposed for one of the offenses
18enumerated in paragraph (a)(3) of Section 3-6-3, other than
19when the sentence is imposed for one of the offenses enumerated
20in paragraph (a)(2) of Section 3-6-3 committed on or after June
2119, 1998, and other than when the sentence is imposed for
22reckless homicide as defined in subsection (e) of Section 9-3
23of the Criminal Code of 1961 or the Criminal Code of 2012 if
24the offense was committed on or after January 1, 1999, and
25other than when the sentence is imposed for aggravated arson if
26the offense was committed on or after July 27, 2001 (the

 

 

HB6631- 33 -LRB099 24310 RLC 52060 b

1effective date of Public Act 92-176), and other than when the
2sentence is imposed for aggravated driving under the influence
3of alcohol, other drug or drugs, or intoxicating compound or
4compounds, or any combination thereof as defined in
5subparagraph (C) of paragraph (1) of subsection (d) of Section
611-501 of the Illinois Vehicle Code committed on or after
7January 1, 2011 (the effective date of Public Act 96-1230), the
8judge's statement, to be given after pronouncing the sentence,
9shall include the following:
10    "The purpose of this statement is to inform the public of
11the actual period of time this defendant is likely to spend in
12prison as a result of this sentence. The actual period of
13prison time served is determined by the statutes of Illinois as
14applied to this sentence by the Illinois Department of
15Corrections and the Illinois Prisoner Review Board. In this
16case, assuming the defendant receives all of his or her
17sentence credit, the period of estimated actual custody is ...
18years and ... months, less up to 90 days additional sentence
19credit for good conduct. If the defendant, because of his or
20her own misconduct or failure to comply with the institutional
21regulations, does not receive those credits, the actual time
22served in prison will be longer. The defendant may also receive
23an additional one-half day sentence credit for each day of
24participation in vocational, industry, substance abuse, and
25educational programs as provided for by Illinois statute."
26    When the sentence is imposed for one of the offenses

 

 

HB6631- 34 -LRB099 24310 RLC 52060 b

1enumerated in paragraph (a)(2) of Section 3-6-3, other than
2first degree murder, and the offense was committed on or after
3June 19, 1998, and when the sentence is imposed for reckless
4homicide as defined in subsection (e) of Section 9-3 of the
5Criminal Code of 1961 or the Criminal Code of 2012 if the
6offense was committed on or after January 1, 1999, and when the
7sentence is imposed for aggravated driving under the influence
8of alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof as defined in
10subparagraph (F) of paragraph (1) of subsection (d) of Section
1111-501 of the Illinois Vehicle Code, and when the sentence is
12imposed for aggravated arson if the offense was committed on or
13after July 27, 2001 (the effective date of Public Act 92-176),
14and when the sentence is imposed for aggravated driving under
15the influence of alcohol, other drug or drugs, or intoxicating
16compound or compounds, or any combination thereof as defined in
17subparagraph (C) of paragraph (1) of subsection (d) of Section
1811-501 of the Illinois Vehicle Code committed on or after
19January 1, 2011 (the effective date of Public Act 96-1230), the
20judge's statement, to be given after pronouncing the sentence,
21shall include the following:
22    "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois as
26applied to this sentence by the Illinois Department of

 

 

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1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant is entitled to no more than 4 1/2 days of
3sentence credit for each month of his or her sentence of
4imprisonment. Therefore, this defendant will serve at least 85%
5of his or her sentence. Assuming the defendant receives 4 1/2
6days credit for each month of his or her sentence, the period
7of estimated actual custody is ... years and ... months. If the
8defendant, because of his or her own misconduct or failure to
9comply with the institutional regulations receives lesser
10credit, the actual time served in prison will be longer."
11    When a sentence of imprisonment is imposed for first degree
12murder and the offense was committed on or after June 19, 1998,
13the judge's statement, to be given after pronouncing the
14sentence, shall include the following:
15    "The purpose of this statement is to inform the public of
16the actual period of time this defendant is likely to spend in
17prison as a result of this sentence. The actual period of
18prison time served is determined by the statutes of Illinois as
19applied to this sentence by the Illinois Department of
20Corrections and the Illinois Prisoner Review Board. In this
21case, the defendant is not entitled to sentence credit.
22Therefore, this defendant will serve 100% of his or her
23sentence."
24    When the sentencing order recommends placement in a
25substance abuse program for any offense that results in
26incarceration in a Department of Corrections facility and the

 

 

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1crime was committed on or after September 1, 2003 (the
2effective date of Public Act 93-354), the judge's statement, in
3addition to any other judge's statement required under this
4Section, to be given after pronouncing the sentence, shall
5include the following:
6    "The purpose of this statement is to inform the public of
7the actual period of time this defendant is likely to spend in
8prison as a result of this sentence. The actual period of
9prison time served is determined by the statutes of Illinois as
10applied to this sentence by the Illinois Department of
11Corrections and the Illinois Prisoner Review Board. In this
12case, the defendant shall receive no sentence credit for good
13conduct under clause (3) of subsection (a) of Section 3-6-3
14until he or she participates in and completes a substance abuse
15treatment program or receives a waiver from the Director of
16Corrections pursuant to clause (4.5) of subsection (a) of
17Section 3-6-3."
18    (c-4) Before the sentencing hearing and as part of the
19presentence investigation under Section 5-3-1, the court shall
20inquire of the defendant whether the defendant is currently
21serving in or is a veteran of the Armed Forces of the United
22States. If the defendant is currently serving in the Armed
23Forces of the United States or is a veteran of the Armed Forces
24of the United States and has been diagnosed as having a mental
25illness by a qualified psychiatrist or clinical psychologist or
26physician, the court may:

 

 

HB6631- 37 -LRB099 24310 RLC 52060 b

1        (1) order that the officer preparing the presentence
2    report consult with the United States Department of
3    Veterans Affairs, Illinois Department of Veterans'
4    Affairs, or another agency or person with suitable
5    knowledge or experience for the purpose of providing the
6    court with information regarding treatment options
7    available to the defendant, including federal, State, and
8    local programming; and
9        (2) consider the treatment recommendations of any
10    diagnosing or treating mental health professionals
11    together with the treatment options available to the
12    defendant in imposing sentence.
13    For the purposes of this subsection (c-4), "qualified
14psychiatrist" means a reputable physician licensed in Illinois
15to practice medicine in all its branches, who has specialized
16in the diagnosis and treatment of mental and nervous disorders
17for a period of not less than 5 years.
18    (c-6) In imposing a sentence, the trial judge shall
19specify, on the record, the particular evidence and other
20reasons which led to his or her determination that a motor
21vehicle was used in the commission of the offense.
22    (d) When the defendant is committed to the Department of
23Corrections, the State's Attorney shall and counsel for the
24defendant may file a statement with the clerk of the court to
25be transmitted to the department, agency or institution to
26which the defendant is committed to furnish such department,

 

 

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1agency or institution with the facts and circumstances of the
2offense for which the person was committed together with all
3other factual information accessible to them in regard to the
4person prior to his commitment relative to his habits,
5associates, disposition and reputation and any other facts and
6circumstances which may aid such department, agency or
7institution during its custody of such person. The clerk shall
8within 10 days after receiving any such statements transmit a
9copy to such department, agency or institution and a copy to
10the other party, provided, however, that this shall not be
11cause for delay in conveying the person to the department,
12agency or institution to which he has been committed.
13    (e) The clerk of the court shall transmit to the
14department, agency or institution, if any, to which the
15defendant is committed, the following:
16        (1) the sentence imposed;
17        (2) any statement by the court of the basis for
18    imposing the sentence;
19        (3) any presentence reports;
20        (3.5) any sex offender evaluations;
21        (3.6) any substance abuse treatment eligibility
22    screening and assessment of the defendant by an agent
23    designated by the State of Illinois to provide assessment
24    services for the Illinois courts;
25        (4) the number of days, if any, which the defendant has
26    been in custody and for which he is entitled to credit

 

 

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1    against the sentence, which information shall be provided
2    to the clerk by the sheriff;
3        (4.1) any finding of great bodily harm made by the
4    court with respect to an offense enumerated in subsection
5    (c-1);
6        (5) all statements filed under subsection (d) of this
7    Section;
8        (6) any medical or mental health records or summaries
9    of the defendant;
10        (7) the municipality where the arrest of the offender
11    or the commission of the offense has occurred, where such
12    municipality has a population of more than 25,000 persons;
13        (8) all statements made and evidence offered under
14    paragraph (7) of subsection (a) of this Section; and
15        (9) all additional matters which the court directs the
16    clerk to transmit.
17    (f) In cases in which the court finds that a motor vehicle
18was used in the commission of the offense for which the
19defendant is being sentenced, the clerk of the court shall,
20within 5 days thereafter, forward a report of such conviction
21to the Secretary of State.
22(Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11;
2396-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff.
248-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
 
25    (Text of Section after amendment by P.A. 99-861)

 

 

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1    Sec. 5-4-1. Sentencing Hearing.
2    (a) Except when the death penalty is sought under hearing
3procedures otherwise specified, after a determination of
4guilt, a hearing shall be held to impose the sentence. However,
5prior to the imposition of sentence on an individual being
6sentenced for an offense based upon a charge for a violation of
7Section 11-501 of the Illinois Vehicle Code or a similar
8provision of a local ordinance, the individual must undergo a
9professional evaluation to determine if an alcohol or other
10drug abuse problem exists and the extent of such a problem.
11Programs conducting these evaluations shall be licensed by the
12Department of Human Services. However, if the individual is not
13a resident of Illinois, the court may, in its discretion,
14accept an evaluation from a program in the state of such
15individual's residence. The court may in its sentencing order
16approve an eligible defendant for placement in a Department of
17Corrections impact incarceration program as provided in
18Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
19order recommend a defendant for placement in a Department of
20Corrections substance abuse treatment program as provided in
21paragraph (a) of subsection (1) of Section 3-2-2 conditioned
22upon the defendant being accepted in a program by the
23Department of Corrections. At the hearing the court shall:
24        (1) consider the evidence, if any, received upon the
25    trial;
26        (2) consider any presentence reports;

 

 

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1        (3) consider the financial impact of incarceration
2    based on the financial impact statement filed with the
3    clerk of the court by the Department of Corrections;
4        (4) consider evidence and information offered by the
5    parties in aggravation and mitigation;
6        (4.5) consider substance abuse treatment, eligibility
7    screening, and an assessment, if any, of the defendant by
8    an agent designated by the State of Illinois to provide
9    assessment services for the Illinois courts;
10        (5) hear arguments as to sentencing alternatives;
11        (6) afford the defendant the opportunity to make a
12    statement in his own behalf;
13        (7) afford the victim of a violent crime or a violation
14    of Section 11-501 of the Illinois Vehicle Code, or a
15    similar provision of a local ordinance, or a qualified
16    individual affected by: (i) a violation of Section 405,
17    405.1, 405.2, or 407 of the Illinois Controlled Substances
18    Act or a violation of Section 55 or Section 65 of the
19    Methamphetamine Control and Community Protection Act, or
20    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
21    except as described in subdivisions (a)(2)(A) and
22    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
23    Criminal Code of 1961 or the Criminal Code of 2012,
24    committed by the defendant the opportunity to make a
25    statement concerning the impact on the victim and to offer
26    evidence in aggravation or mitigation; provided that the

 

 

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1    statement and evidence offered in aggravation or
2    mitigation must first be prepared in writing in conjunction
3    with the State's Attorney before it may be presented orally
4    at the hearing. Any sworn testimony offered by the victim
5    is subject to the defendant's right to cross-examine. All
6    statements and evidence offered under this paragraph (7)
7    shall become part of the record of the court. For the
8    purpose of this paragraph (7), "qualified individual"
9    means any person who (i) lived or worked within the
10    territorial jurisdiction where the offense took place when
11    the offense took place; and (ii) is familiar with various
12    public places within the territorial jurisdiction where
13    the offense took place when the offense took place. For the
14    purposes of this paragraph (7), "qualified individual"
15    includes any peace officer, or any member of any duly
16    organized State, county, or municipal peace unit assigned
17    to the territorial jurisdiction where the offense took
18    place when the offense took place;
19        (8) in cases of reckless homicide afford the victim's
20    spouse, guardians, parents or other immediate family
21    members an opportunity to make oral statements;
22        (9) in cases involving a felony sex offense as defined
23    under the Sex Offender Management Board Act, consider the
24    results of the sex offender evaluation conducted pursuant
25    to Section 5-3-2 of this Act; and
26        (10) make a finding of whether a motor vehicle was used

 

 

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1    in the commission of the offense for which the defendant is
2    being sentenced.
3    (b) All sentences shall be imposed by the judge based upon
4his independent assessment of the elements specified above and
5any agreement as to sentence reached by the parties. The judge
6who presided at the trial or the judge who accepted the plea of
7guilty shall impose the sentence unless he is no longer sitting
8as a judge in that court. Where the judge does not impose
9sentence at the same time on all defendants who are convicted
10as a result of being involved in the same offense, the
11defendant or the State's Attorney may advise the sentencing
12court of the disposition of any other defendants who have been
13sentenced.
14    (b-1) In imposing a sentence of imprisonment or periodic
15imprisonment for a Class 3 or Class 4 felony for which a
16sentence of probation or conditional discharge is an available
17sentence, if the defendant has no prior sentence of probation
18or conditional discharge and no prior conviction for a violent
19crime, the defendant shall not be sentenced to imprisonment
20before review and consideration of a presentence report and
21determination and explanation of why the particular evidence,
22information, factor in aggravation, factual finding, or other
23reasons support a sentencing determination that one or more of
24the factors under subsection (a) of Section 5-6-1 of this Code
25apply and that probation or conditional discharge is not an
26appropriate sentence.

 

 

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1    (c) In imposing a sentence for a violent crime or for an
2offense of operating or being in physical control of a vehicle
3while under the influence of alcohol, any other drug or any
4combination thereof, or a similar provision of a local
5ordinance, when such offense resulted in the personal injury to
6someone other than the defendant, the trial judge shall specify
7on the record the particular evidence, information, factors in
8mitigation and aggravation or other reasons that led to his
9sentencing determination. The full verbatim record of the
10sentencing hearing shall be filed with the clerk of the court
11and shall be a public record.
12    (c-1) In imposing a sentence for the offense of aggravated
13kidnapping for ransom, home invasion, armed robbery,
14aggravated vehicular hijacking, aggravated discharge of a
15firearm, or armed violence with a category I weapon or category
16II weapon, the trial judge shall make a finding as to whether
17the conduct leading to conviction for the offense resulted in
18great bodily harm to a victim, and shall enter that finding and
19the basis for that finding in the record.
20    (c-2) If the defendant is sentenced to prison, other than
21when a sentence of natural life imprisonment or a sentence of
22death is imposed, at the time the sentence is imposed the judge
23shall state on the record in open court the approximate period
24of time the defendant will serve in custody according to the
25then current statutory rules and regulations for sentence
26credit found in Section 3-6-3 and other related provisions of

 

 

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1this Code. This statement is intended solely to inform the
2public, has no legal effect on the defendant's actual release,
3and may not be relied on by the defendant on appeal.
4    The judge's statement, to be given after pronouncing the
5sentence, other than when the sentence is imposed for one of
6the offenses enumerated in paragraph (a)(4) (a)(3) of Section
73-6-3, shall include the following:
8    "The purpose of this statement is to inform the public of
9the actual period of time this defendant is likely to spend in
10prison as a result of this sentence. The actual period of
11prison time served is determined by the statutes of Illinois as
12applied to this sentence by the Illinois Department of
13Corrections and the Illinois Prisoner Review Board. In this
14case, assuming the defendant receives all of his or her
15sentence credit, the period of estimated actual custody is ...
16years and ... months, less up to 180 days additional earned
17sentence credit for good conduct. If the defendant, because of
18his or her own misconduct or failure to comply with the
19institutional regulations, does not receive those credits, the
20actual time served in prison will be longer. The defendant may
21also receive an additional one-half day sentence credit for
22each day of participation in vocational, industry, substance
23abuse, and educational programs as provided for by Illinois
24statute."
25    When the sentence is imposed for one of the offenses
26enumerated in paragraph (a)(3) of Section 3-6-3, other than

 

 

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1when the sentence is imposed for one of the offenses enumerated
2in paragraph (a)(2) of Section 3-6-3 committed on or after June
319, 1998, and other than when the sentence is imposed for
4reckless homicide as defined in subsection (e) of Section 9-3
5of the Criminal Code of 1961 or the Criminal Code of 2012 if
6the offense was committed on or after January 1, 1999, and
7other than when the sentence is imposed for aggravated arson if
8the offense was committed on or after July 27, 2001 (the
9effective date of Public Act 92-176), and other than when the
10sentence is imposed for aggravated driving under the influence
11of alcohol, other drug or drugs, or intoxicating compound or
12compounds, or any combination thereof as defined in
13subparagraph (C) of paragraph (1) of subsection (d) of Section
1411-501 of the Illinois Vehicle Code committed on or after
15January 1, 2011 (the effective date of Public Act 96-1230), the
16judge's statement, to be given after pronouncing the sentence,
17shall include the following:
18    "The purpose of this statement is to inform the public of
19the actual period of time this defendant is likely to spend in
20prison as a result of this sentence. The actual period of
21prison time served is determined by the statutes of Illinois as
22applied to this sentence by the Illinois Department of
23Corrections and the Illinois Prisoner Review Board. In this
24case, assuming the defendant receives all of his or her
25sentence credit, the period of estimated actual custody is ...
26years and ... months, less up to 90 days additional sentence

 

 

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1credit for good conduct. If the defendant, because of his or
2her own misconduct or failure to comply with the institutional
3regulations, does not receive those credits, the actual time
4served in prison will be longer. The defendant may also receive
5an additional one-half day sentence credit for each day of
6participation in vocational, industry, substance abuse, and
7educational programs as provided for by Illinois statute."
8    When the sentence is imposed for one of the offenses
9enumerated in paragraph (a)(2) of Section 3-6-3, other than
10first degree murder, and the offense was committed on or after
11June 19, 1998, and when the sentence is imposed for reckless
12homicide as defined in subsection (e) of Section 9-3 of the
13Criminal Code of 1961 or the Criminal Code of 2012 if the
14offense was committed on or after January 1, 1999, and when the
15sentence is imposed for aggravated driving under the influence
16of alcohol, other drug or drugs, or intoxicating compound or
17compounds, or any combination thereof as defined in
18subparagraph (F) of paragraph (1) of subsection (d) of Section
1911-501 of the Illinois Vehicle Code, and when the sentence is
20imposed for aggravated arson if the offense was committed on or
21after July 27, 2001 (the effective date of Public Act 92-176),
22and when the sentence is imposed for aggravated driving under
23the influence of alcohol, other drug or drugs, or intoxicating
24compound or compounds, or any combination thereof as defined in
25subparagraph (C) of paragraph (1) of subsection (d) of Section
2611-501 of the Illinois Vehicle Code committed on or after

 

 

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1January 1, 2011 (the effective date of Public Act 96-1230), the
2judge's statement, to be given after pronouncing the sentence,
3shall include the following:
4    "The purpose of this statement is to inform the public of
5the actual period of time this defendant is likely to spend in
6prison as a result of this sentence. The actual period of
7prison time served is determined by the statutes of Illinois as
8applied to this sentence by the Illinois Department of
9Corrections and the Illinois Prisoner Review Board. In this
10case, the defendant is entitled to no more than 4 1/2 days of
11sentence credit for each month of his or her sentence of
12imprisonment. Therefore, this defendant will serve at least 85%
13of his or her sentence. Assuming the defendant receives 4 1/2
14days credit for each month of his or her sentence, the period
15of estimated actual custody is ... years and ... months. If the
16defendant, because of his or her own misconduct or failure to
17comply with the institutional regulations receives lesser
18credit, the actual time served in prison will be longer."
19    When a sentence of imprisonment is imposed for first degree
20murder and the offense was committed on or after June 19, 1998,
21the judge's statement, to be given after pronouncing the
22sentence, shall include the following:
23    "The purpose of this statement is to inform the public of
24the actual period of time this defendant is likely to spend in
25prison as a result of this sentence. The actual period of
26prison time served is determined by the statutes of Illinois as

 

 

HB6631- 49 -LRB099 24310 RLC 52060 b

1applied to this sentence by the Illinois Department of
2Corrections and the Illinois Prisoner Review Board. In this
3case, the defendant is not entitled to sentence credit.
4Therefore, this defendant will serve 100% of his or her
5sentence."
6    When the sentencing order recommends placement in a
7substance abuse program for any offense that results in
8incarceration in a Department of Corrections facility and the
9crime was committed on or after September 1, 2003 (the
10effective date of Public Act 93-354), the judge's statement, in
11addition to any other judge's statement required under this
12Section, to be given after pronouncing the sentence, shall
13include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois as
18applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, the defendant shall receive no earned sentence credit for
21good conduct under clause (3) of subsection (a) of Section
223-6-3 until he or she participates in and completes a substance
23abuse treatment program or receives a waiver from the Director
24of Corrections pursuant to clause (4.5) of subsection (a) of
25Section 3-6-3."
26    (c-4) Before the sentencing hearing and as part of the

 

 

HB6631- 50 -LRB099 24310 RLC 52060 b

1presentence investigation under Section 5-3-1, the court shall
2inquire of the defendant whether the defendant is currently
3serving in or is a veteran of the Armed Forces of the United
4States. If the defendant is currently serving in the Armed
5Forces of the United States or is a veteran of the Armed Forces
6of the United States and has been diagnosed as having a mental
7illness by a qualified psychiatrist or clinical psychologist or
8physician, the court may:
9        (1) order that the officer preparing the presentence
10    report consult with the United States Department of
11    Veterans Affairs, Illinois Department of Veterans'
12    Affairs, or another agency or person with suitable
13    knowledge or experience for the purpose of providing the
14    court with information regarding treatment options
15    available to the defendant, including federal, State, and
16    local programming; and
17        (2) consider the treatment recommendations of any
18    diagnosing or treating mental health professionals
19    together with the treatment options available to the
20    defendant in imposing sentence.
21    For the purposes of this subsection (c-4), "qualified
22psychiatrist" means a reputable physician licensed in Illinois
23to practice medicine in all its branches, who has specialized
24in the diagnosis and treatment of mental and nervous disorders
25for a period of not less than 5 years.
26    (c-6) In imposing a sentence, the trial judge shall

 

 

HB6631- 51 -LRB099 24310 RLC 52060 b

1specify, on the record, the particular evidence and other
2reasons which led to his or her determination that a motor
3vehicle was used in the commission of the offense.
4    (d) When the defendant is committed to the Department of
5Corrections, the State's Attorney shall and counsel for the
6defendant may file a statement with the clerk of the court to
7be transmitted to the department, agency or institution to
8which the defendant is committed to furnish such department,
9agency or institution with the facts and circumstances of the
10offense for which the person was committed together with all
11other factual information accessible to them in regard to the
12person prior to his commitment relative to his habits,
13associates, disposition and reputation and any other facts and
14circumstances which may aid such department, agency or
15institution during its custody of such person. The clerk shall
16within 10 days after receiving any such statements transmit a
17copy to such department, agency or institution and a copy to
18the other party, provided, however, that this shall not be
19cause for delay in conveying the person to the department,
20agency or institution to which he has been committed.
21    (e) The clerk of the court shall transmit to the
22department, agency or institution, if any, to which the
23defendant is committed, the following:
24        (1) the sentence imposed;
25        (2) any statement by the court of the basis for
26    imposing the sentence;

 

 

HB6631- 52 -LRB099 24310 RLC 52060 b

1        (3) any presentence reports;
2        (3.5) any sex offender evaluations;
3        (3.6) any substance abuse treatment eligibility
4    screening and assessment of the defendant by an agent
5    designated by the State of Illinois to provide assessment
6    services for the Illinois courts;
7        (4) the number of days, if any, which the defendant has
8    been in custody and for which he is entitled to credit
9    against the sentence, which information shall be provided
10    to the clerk by the sheriff;
11        (4.1) any finding of great bodily harm made by the
12    court with respect to an offense enumerated in subsection
13    (c-1);
14        (5) all statements filed under subsection (d) of this
15    Section;
16        (6) any medical or mental health records or summaries
17    of the defendant;
18        (7) the municipality where the arrest of the offender
19    or the commission of the offense has occurred, where such
20    municipality has a population of more than 25,000 persons;
21        (8) all statements made and evidence offered under
22    paragraph (7) of subsection (a) of this Section; and
23        (9) all additional matters which the court directs the
24    clerk to transmit.
25    (f) In cases in which the court finds that a motor vehicle
26was used in the commission of the offense for which the

 

 

HB6631- 53 -LRB099 24310 RLC 52060 b

1defendant is being sentenced, the clerk of the court shall,
2within 5 days thereafter, forward a report of such conviction
3to the Secretary of State.
4(Source: P.A. 99-861, eff. 1-1-17.)
 
5    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
6    Sec. 5-5-3. Disposition.
7    (a) (Blank).
8    (b) (Blank).
9    (c) (1) (Blank).
10    (2) A period of probation, a term of periodic imprisonment
11or conditional discharge shall not be imposed for the following
12offenses. The court shall sentence the offender to not less
13than the minimum term of imprisonment set forth in this Code
14for the following offenses, and may order a fine or restitution
15or both in conjunction with such term of imprisonment:
16        (A) First degree murder where the death penalty is not
17    imposed.
18        (B) Attempted first degree murder.
19        (C) A Class X felony.
20        (D) (Blank). A violation of Section 401.1 or 407 of the
21    Illinois Controlled Substances Act, or a violation of
22    subdivision (c)(1.5) or (c)(2) of Section 401 of that Act
23    which relates to more than 5 grams of a substance
24    containing cocaine, fentanyl, or an analog thereof.
25        (D-5) (Blank). A violation of subdivision (c)(1) of

 

 

HB6631- 54 -LRB099 24310 RLC 52060 b

1    Section 401 of the Illinois Controlled Substances Act which
2    relates to 3 or more grams of a substance containing heroin
3    or an analog thereof.
4        (E) (Blank). A violation of Section 5.1 or 9 of the
5    Cannabis Control Act.
6        (F) A Class 1 2 or greater felony if the offender had
7    been convicted of a Class 1 2 or greater felony, including
8    any state or federal conviction for an offense that
9    contained, at the time it was committed, the same elements
10    as an offense now (the date of the offense committed after
11    the prior Class 1 2 or greater felony) classified as a
12    Class 1 2 or greater felony, within 10 years of the date on
13    which the offender committed the offense for which he or
14    she is being sentenced, except as otherwise provided in
15    Section 40-10 of the Alcoholism and Other Drug Abuse and
16    Dependency Act.
17        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
18    the Criminal Code of 1961 or the Criminal Code of 2012 for
19    which imprisonment is prescribed in those Sections.
20        (G) Residential burglary, except as otherwise provided
21    in Section 40-10 of the Alcoholism and Other Drug Abuse and
22    Dependency Act.
23        (H) A Class 2 or greater felony under Article 11 or 24
24    or Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
25    Criminal Code of 1961 or the Criminal Code of 2012 Criminal
26    sexual assault.

 

 

HB6631- 55 -LRB099 24310 RLC 52060 b

1        (I) Aggravated battery of a senior citizen as described
2    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
3    of the Criminal Code of 1961 or the Criminal Code of 2012.
4        (J) A forcible felony if the offense was related to the
5    activities of an organized gang.
6        Before July 1, 1994, for the purposes of this
7    paragraph, "organized gang" means an association of 5 or
8    more persons, with an established hierarchy, that
9    encourages members of the association to perpetrate crimes
10    or provides support to the members of the association who
11    do commit crimes.
12        Beginning July 1, 1994, for the purposes of this
13    paragraph, "organized gang" has the meaning ascribed to it
14    in Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        (K) Vehicular hijacking.
17        (L) A second or subsequent conviction for the offense
18    of hate crime when the underlying offense upon which the
19    hate crime is based is felony aggravated assault or felony
20    mob action.
21        (M) A second or subsequent conviction for the offense
22    of institutional vandalism if the damage to the property
23    exceeds $300.
24        (N) A Class 3 felony violation of paragraph (1) of
25    subsection (a) of Section 2 of the Firearm Owners
26    Identification Card Act.

 

 

HB6631- 56 -LRB099 24310 RLC 52060 b

1        (O) A violation of Section 12-6.1 or 12-6.5 of the
2    Criminal Code of 1961 or the Criminal Code of 2012.
3        (P) A violation of paragraph (1), (2), (3), (4), (5),
4    or (7) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 1961 or the Criminal Code of 2012.
6        (Q) A violation of subsection (b) or (b-5) of Section
7    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (R) A violation of Section 24-3A of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (S) (Blank).
12        (T) (Blank). A second or subsequent violation of the
13    Methamphetamine Control and Community Protection Act.
14        (U) A second or subsequent violation of Section 6-303
15    of the Illinois Vehicle Code committed while his or her
16    driver's license, permit, or privilege was revoked because
17    of a violation of Section 9-3 of the Criminal Code of 1961
18    or the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar provision of a law of
20    another state.
21        (V) A violation of paragraph (4) of subsection (c) of
22    Section 11-20.1B or paragraph (4) of subsection (c) of
23    Section 11-20.3 of the Criminal Code of 1961, or paragraph
24    (6) of subsection (a) of Section 11-20.1 of the Criminal
25    Code of 2012 when the victim is under 13 years of age and
26    the defendant has previously been convicted under the laws

 

 

HB6631- 57 -LRB099 24310 RLC 52060 b

1    of this State or any other state of the offense of child
2    pornography, aggravated child pornography, aggravated
3    criminal sexual abuse, aggravated criminal sexual assault,
4    predatory criminal sexual assault of a child, or any of the
5    offenses formerly known as rape, deviate sexual assault,
6    indecent liberties with a child, or aggravated indecent
7    liberties with a child where the victim was under the age
8    of 18 years or an offense that is substantially equivalent
9    to those offenses.
10        (W) A violation of Section 24-3.5 of the Criminal Code
11    of 1961 or the Criminal Code of 2012.
12        (X) A violation of subsection (a) of Section 31-1a of
13    the Criminal Code of 1961 or the Criminal Code of 2012.
14        (Y) A conviction for unlawful possession of a firearm
15    by a street gang member when the firearm was loaded or
16    contained firearm ammunition.
17        (Z) A Class 1 felony committed while he or she was
18    serving a term of probation or conditional discharge for a
19    felony.
20        (AA) Theft of property exceeding $500,000 and not
21    exceeding $1,000,000 in value.
22        (BB) Laundering of criminally derived property of a
23    value exceeding $500,000.
24        (CC) Knowingly selling, offering for sale, holding for
25    sale, or using 2,000 or more counterfeit items or
26    counterfeit items having a retail value in the aggregate of

 

 

HB6631- 58 -LRB099 24310 RLC 52060 b

1    $500,000 or more.
2        (DD) A conviction for aggravated assault under
3    paragraph (6) of subsection (c) of Section 12-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 if the
5    firearm is aimed toward the person against whom the firearm
6    is being used.
7        (EE) A conviction for a violation of paragraph (2) of
8    subsection (a) of Section 24-3B of the Criminal Code of
9    2012.
10    (3) (Blank).
11    (4) A minimum term of imprisonment of not less than 10
12consecutive days or 30 days of community service shall be
13imposed for a violation of paragraph (c) of Section 6-303 of
14the Illinois Vehicle Code.
15    (4.1) (Blank).
16    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
17this subsection (c), a minimum of 100 hours of community
18service shall be imposed for a second violation of Section
196-303 of the Illinois Vehicle Code.
20    (4.3) A minimum term of imprisonment of 30 days or 300
21hours of community service, as determined by the court, shall
22be imposed for a second violation of subsection (c) of Section
236-303 of the Illinois Vehicle Code.
24    (4.4) Except as provided in paragraphs (4.5), (4.6), and
25(4.9) of this subsection (c), a minimum term of imprisonment of
2630 days or 300 hours of community service, as determined by the

 

 

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1court, shall be imposed for a third or subsequent violation of
2Section 6-303 of the Illinois Vehicle Code.
3    (4.5) A minimum term of imprisonment of 30 days shall be
4imposed for a third violation of subsection (c) of Section
56-303 of the Illinois Vehicle Code.
6    (4.6) Except as provided in paragraph (4.10) of this
7subsection (c), a minimum term of imprisonment of 180 days
8shall be imposed for a fourth or subsequent violation of
9subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10    (4.7) A minimum term of imprisonment of not less than 30
11consecutive days, or 300 hours of community service, shall be
12imposed for a violation of subsection (a-5) of Section 6-303 of
13the Illinois Vehicle Code, as provided in subsection (b-5) of
14that Section.
15    (4.8) A mandatory prison sentence shall be imposed for a
16second violation of subsection (a-5) of Section 6-303 of the
17Illinois Vehicle Code, as provided in subsection (c-5) of that
18Section. The person's driving privileges shall be revoked for a
19period of not less than 5 years from the date of his or her
20release from prison.
21    (4.9) A mandatory prison sentence of not less than 4 and
22not more than 15 years shall be imposed for a third violation
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24Code, as provided in subsection (d-2.5) of that Section. The
25person's driving privileges shall be revoked for the remainder
26of his or her life.

 

 

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1    (4.10) A mandatory prison sentence for a Class 1 felony
2shall be imposed, and the person shall be eligible for an
3extended term sentence, for a fourth or subsequent violation of
4subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
5as provided in subsection (d-3.5) of that Section. The person's
6driving privileges shall be revoked for the remainder of his or
7her life.
8    (5) The court may sentence a corporation or unincorporated
9association convicted of any offense to:
10        (A) a period of conditional discharge;
11        (B) a fine;
12        (C) make restitution to the victim under Section 5-5-6
13    of this Code.
14    (5.1) In addition to any other penalties imposed, and
15except as provided in paragraph (5.2) or (5.3), a person
16convicted of violating subsection (c) of Section 11-907 of the
17Illinois Vehicle Code shall have his or her driver's license,
18permit, or privileges suspended for at least 90 days but not
19more than one year, if the violation resulted in damage to the
20property of another person.
21    (5.2) In addition to any other penalties imposed, and
22except as provided in paragraph (5.3), a person convicted of
23violating subsection (c) of Section 11-907 of the Illinois
24Vehicle Code shall have his or her driver's license, permit, or
25privileges suspended for at least 180 days but not more than 2
26years, if the violation resulted in injury to another person.

 

 

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1    (5.3) In addition to any other penalties imposed, a person
2convicted of violating subsection (c) of Section 11-907 of the
3Illinois Vehicle Code shall have his or her driver's license,
4permit, or privileges suspended for 2 years, if the violation
5resulted in the death of another person.
6    (5.4) In addition to any other penalties imposed, a person
7convicted of violating Section 3-707 of the Illinois Vehicle
8Code shall have his or her driver's license, permit, or
9privileges suspended for 3 months and until he or she has paid
10a reinstatement fee of $100.
11    (5.5) In addition to any other penalties imposed, a person
12convicted of violating Section 3-707 of the Illinois Vehicle
13Code during a period in which his or her driver's license,
14permit, or privileges were suspended for a previous violation
15of that Section shall have his or her driver's license, permit,
16or privileges suspended for an additional 6 months after the
17expiration of the original 3-month suspension and until he or
18she has paid a reinstatement fee of $100.
19    (6) (Blank).
20    (7) (Blank).
21    (8) (Blank).
22    (9) A defendant convicted of a second or subsequent offense
23of ritualized abuse of a child may be sentenced to a term of
24natural life imprisonment.
25    (10) (Blank).
26    (11) The court shall impose a minimum fine of $1,000 for a

 

 

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1first offense and $2,000 for a second or subsequent offense
2upon a person convicted of or placed on supervision for battery
3when the individual harmed was a sports official or coach at
4any level of competition and the act causing harm to the sports
5official or coach occurred within an athletic facility or
6within the immediate vicinity of the athletic facility at which
7the sports official or coach was an active participant of the
8athletic contest held at the athletic facility. For the
9purposes of this paragraph (11), "sports official" means a
10person at an athletic contest who enforces the rules of the
11contest, such as an umpire or referee; "athletic facility"
12means an indoor or outdoor playing field or recreational area
13where sports activities are conducted; and "coach" means a
14person recognized as a coach by the sanctioning authority that
15conducted the sporting event.
16    (12) A person may not receive a disposition of court
17supervision for a violation of Section 5-16 of the Boat
18Registration and Safety Act if that person has previously
19received a disposition of court supervision for a violation of
20that Section.
21    (13) A person convicted of or placed on court supervision
22for an assault or aggravated assault when the victim and the
23offender are family or household members as defined in Section
24103 of the Illinois Domestic Violence Act of 1986 or convicted
25of domestic battery or aggravated domestic battery may be
26required to attend a Partner Abuse Intervention Program under

 

 

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1protocols set forth by the Illinois Department of Human
2Services under such terms and conditions imposed by the court.
3The costs of such classes shall be paid by the offender.
4    (d) In any case in which a sentence originally imposed is
5vacated, the case shall be remanded to the trial court. The
6trial court shall hold a hearing under Section 5-4-1 of the
7Unified Code of Corrections which may include evidence of the
8defendant's life, moral character and occupation during the
9time since the original sentence was passed. The trial court
10shall then impose sentence upon the defendant. The trial court
11may impose any sentence which could have been imposed at the
12original trial subject to Section 5-5-4 of the Unified Code of
13Corrections. If a sentence is vacated on appeal or on
14collateral attack due to the failure of the trier of fact at
15trial to determine beyond a reasonable doubt the existence of a
16fact (other than a prior conviction) necessary to increase the
17punishment for the offense beyond the statutory maximum
18otherwise applicable, either the defendant may be re-sentenced
19to a term within the range otherwise provided or, if the State
20files notice of its intention to again seek the extended
21sentence, the defendant shall be afforded a new trial.
22    (e) In cases where prosecution for aggravated criminal
23sexual abuse under Section 11-1.60 or 12-16 of the Criminal
24Code of 1961 or the Criminal Code of 2012 results in conviction
25of a defendant who was a family member of the victim at the
26time of the commission of the offense, the court shall consider

 

 

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1the safety and welfare of the victim and may impose a sentence
2of probation only where:
3        (1) the court finds (A) or (B) or both are appropriate:
4            (A) the defendant is willing to undergo a court
5        approved counseling program for a minimum duration of 2
6        years; or
7            (B) the defendant is willing to participate in a
8        court approved plan including but not limited to the
9        defendant's:
10                (i) removal from the household;
11                (ii) restricted contact with the victim;
12                (iii) continued financial support of the
13            family;
14                (iv) restitution for harm done to the victim;
15            and
16                (v) compliance with any other measures that
17            the court may deem appropriate; and
18        (2) the court orders the defendant to pay for the
19    victim's counseling services, to the extent that the court
20    finds, after considering the defendant's income and
21    assets, that the defendant is financially capable of paying
22    for such services, if the victim was under 18 years of age
23    at the time the offense was committed and requires
24    counseling as a result of the offense.
25    Probation may be revoked or modified pursuant to Section
265-6-4; except where the court determines at the hearing that

 

 

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1the defendant violated a condition of his or her probation
2restricting contact with the victim or other family members or
3commits another offense with the victim or other family
4members, the court shall revoke the defendant's probation and
5impose a term of imprisonment.
6    For the purposes of this Section, "family member" and
7"victim" shall have the meanings ascribed to them in Section
811-0.1 of the Criminal Code of 2012.
9    (f) (Blank).
10    (g) Whenever a defendant is convicted of an offense under
11Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1211-14.3, 11-14.4 except for an offense that involves keeping a
13place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
16Criminal Code of 2012, the defendant shall undergo medical
17testing to determine whether the defendant has any sexually
18transmissible disease, including a test for infection with
19human immunodeficiency virus (HIV) or any other identified
20causative agent of acquired immunodeficiency syndrome (AIDS).
21Any such medical test shall be performed only by appropriately
22licensed medical practitioners and may include an analysis of
23any bodily fluids as well as an examination of the defendant's
24person. Except as otherwise provided by law, the results of
25such test shall be kept strictly confidential by all medical
26personnel involved in the testing and must be personally

 

 

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1delivered in a sealed envelope to the judge of the court in
2which the conviction was entered for the judge's inspection in
3camera. Acting in accordance with the best interests of the
4victim and the public, the judge shall have the discretion to
5determine to whom, if anyone, the results of the testing may be
6revealed. The court shall notify the defendant of the test
7results. The court shall also notify the victim if requested by
8the victim, and if the victim is under the age of 15 and if
9requested by the victim's parents or legal guardian, the court
10shall notify the victim's parents or legal guardian of the test
11results. The court shall provide information on the
12availability of HIV testing and counseling at Department of
13Public Health facilities to all parties to whom the results of
14the testing are revealed and shall direct the State's Attorney
15to provide the information to the victim when possible. A
16State's Attorney may petition the court to obtain the results
17of any HIV test administered under this Section, and the court
18shall grant the disclosure if the State's Attorney shows it is
19relevant in order to prosecute a charge of criminal
20transmission of HIV under Section 12-5.01 or 12-16.2 of the
21Criminal Code of 1961 or the Criminal Code of 2012 against the
22defendant. The court shall order that the cost of any such test
23shall be paid by the county and may be taxed as costs against
24the convicted defendant.
25    (g-5) When an inmate is tested for an airborne communicable
26disease, as determined by the Illinois Department of Public

 

 

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1Health including but not limited to tuberculosis, the results
2of the test shall be personally delivered by the warden or his
3or her designee in a sealed envelope to the judge of the court
4in which the inmate must appear for the judge's inspection in
5camera if requested by the judge. Acting in accordance with the
6best interests of those in the courtroom, the judge shall have
7the discretion to determine what if any precautions need to be
8taken to prevent transmission of the disease in the courtroom.
9    (h) Whenever a defendant is convicted of an offense under
10Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
11defendant shall undergo medical testing to determine whether
12the defendant has been exposed to human immunodeficiency virus
13(HIV) or any other identified causative agent of acquired
14immunodeficiency syndrome (AIDS). Except as otherwise provided
15by law, the results of such test shall be kept strictly
16confidential by all medical personnel involved in the testing
17and must be personally delivered in a sealed envelope to the
18judge of the court in which the conviction was entered for the
19judge's inspection in camera. Acting in accordance with the
20best interests of the public, the judge shall have the
21discretion to determine to whom, if anyone, the results of the
22testing may be revealed. The court shall notify the defendant
23of a positive test showing an infection with the human
24immunodeficiency virus (HIV). The court shall provide
25information on the availability of HIV testing and counseling
26at Department of Public Health facilities to all parties to

 

 

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1whom the results of the testing are revealed and shall direct
2the State's Attorney to provide the information to the victim
3when possible. A State's Attorney may petition the court to
4obtain the results of any HIV test administered under this
5Section, and the court shall grant the disclosure if the
6State's Attorney shows it is relevant in order to prosecute a
7charge of criminal transmission of HIV under Section 12-5.01 or
812-16.2 of the Criminal Code of 1961 or the Criminal Code of
92012 against the defendant. The court shall order that the cost
10of any such test shall be paid by the county and may be taxed as
11costs against the convicted defendant.
12    (i) All fines and penalties imposed under this Section for
13any violation of Chapters 3, 4, 6, and 11 of the Illinois
14Vehicle Code, or a similar provision of a local ordinance, and
15any violation of the Child Passenger Protection Act, or a
16similar provision of a local ordinance, shall be collected and
17disbursed by the circuit clerk as provided under Section 27.5
18of the Clerks of Courts Act.
19    (j) In cases when prosecution for any violation of Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
25Code of 2012, any violation of the Illinois Controlled
26Substances Act, any violation of the Cannabis Control Act, or

 

 

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1any violation of the Methamphetamine Control and Community
2Protection Act results in conviction, a disposition of court
3supervision, or an order of probation granted under Section 10
4of the Cannabis Control Act, Section 410 of the Illinois
5Controlled Substances Act, or Section 70 of the Methamphetamine
6Control and Community Protection Act of a defendant, the court
7shall determine whether the defendant is employed by a facility
8or center as defined under the Child Care Act of 1969, a public
9or private elementary or secondary school, or otherwise works
10with children under 18 years of age on a daily basis. When a
11defendant is so employed, the court shall order the Clerk of
12the Court to send a copy of the judgment of conviction or order
13of supervision or probation to the defendant's employer by
14certified mail. If the employer of the defendant is a school,
15the Clerk of the Court shall direct the mailing of a copy of
16the judgment of conviction or order of supervision or probation
17to the appropriate regional superintendent of schools. The
18regional superintendent of schools shall notify the State Board
19of Education of any notification under this subsection.
20    (j-5) A defendant at least 17 years of age who is convicted
21of a felony and who has not been previously convicted of a
22misdemeanor or felony and who is sentenced to a term of
23imprisonment in the Illinois Department of Corrections shall as
24a condition of his or her sentence be required by the court to
25attend educational courses designed to prepare the defendant
26for a high school diploma and to work toward a high school

 

 

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1diploma or to work toward passing high school equivalency
2testing or to work toward completing a vocational training
3program offered by the Department of Corrections. If a
4defendant fails to complete the educational training required
5by his or her sentence during the term of incarceration, the
6Prisoner Review Board shall, as a condition of mandatory
7supervised release, require the defendant, at his or her own
8expense, to pursue a course of study toward a high school
9diploma or passage of high school equivalency testing. The
10Prisoner Review Board shall revoke the mandatory supervised
11release of a defendant who wilfully fails to comply with this
12subsection (j-5) upon his or her release from confinement in a
13penal institution while serving a mandatory supervised release
14term; however, the inability of the defendant after making a
15good faith effort to obtain financial aid or pay for the
16educational training shall not be deemed a wilful failure to
17comply. The Prisoner Review Board shall recommit the defendant
18whose mandatory supervised release term has been revoked under
19this subsection (j-5) as provided in Section 3-3-9. This
20subsection (j-5) does not apply to a defendant who has a high
21school diploma or has successfully passed high school
22equivalency testing. This subsection (j-5) does not apply to a
23defendant who is determined by the court to be a person with a
24developmental disability or otherwise mentally incapable of
25completing the educational or vocational program.
26    (k) (Blank).

 

 

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1    (l) (A) Except as provided in paragraph (C) of subsection
2(l), whenever a defendant, who is an alien as defined by the
3Immigration and Nationality Act, is convicted of any felony or
4misdemeanor offense, the court after sentencing the defendant
5may, upon motion of the State's Attorney, hold sentence in
6abeyance and remand the defendant to the custody of the
7Attorney General of the United States or his or her designated
8agent to be deported when:
9        (1) a final order of deportation has been issued
10    against the defendant pursuant to proceedings under the
11    Immigration and Nationality Act, and
12        (2) the deportation of the defendant would not
13    deprecate the seriousness of the defendant's conduct and
14    would not be inconsistent with the ends of justice.
15    Otherwise, the defendant shall be sentenced as provided in
16this Chapter V.
17    (B) If the defendant has already been sentenced for a
18felony or misdemeanor offense, or has been placed on probation
19under Section 10 of the Cannabis Control Act, Section 410 of
20the Illinois Controlled Substances Act, or Section 70 of the
21Methamphetamine Control and Community Protection Act, the
22court may, upon motion of the State's Attorney to suspend the
23sentence imposed, commit the defendant to the custody of the
24Attorney General of the United States or his or her designated
25agent when:
26        (1) a final order of deportation has been issued

 

 

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1    against the defendant pursuant to proceedings under the
2    Immigration and Nationality Act, and
3        (2) the deportation of the defendant would not
4    deprecate the seriousness of the defendant's conduct and
5    would not be inconsistent with the ends of justice.
6    (C) This subsection (l) does not apply to offenders who are
7subject to the provisions of paragraph (2) of subsection (a) of
8Section 3-6-3.
9    (D) Upon motion of the State's Attorney, if a defendant
10sentenced under this Section returns to the jurisdiction of the
11United States, the defendant shall be recommitted to the
12custody of the county from which he or she was sentenced.
13Thereafter, the defendant shall be brought before the
14sentencing court, which may impose any sentence that was
15available under Section 5-5-3 at the time of initial
16sentencing. In addition, the defendant shall not be eligible
17for additional earned sentence credit for good conduct as
18provided under Section 3-6-3.
19    (m) A person convicted of criminal defacement of property
20under Section 21-1.3 of the Criminal Code of 1961 or the
21Criminal Code of 2012, in which the property damage exceeds
22$300 and the property damaged is a school building, shall be
23ordered to perform community service that may include cleanup,
24removal, or painting over the defacement.
25    (n) The court may sentence a person convicted of a
26violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

 

 

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1subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2of 1961 or the Criminal Code of 2012 (i) to an impact
3incarceration program if the person is otherwise eligible for
4that program under Section 5-8-1.1, (ii) to community service,
5or (iii) if the person is an addict or alcoholic, as defined in
6the Alcoholism and Other Drug Abuse and Dependency Act, to a
7substance or alcohol abuse program licensed under that Act.
8    (o) Whenever a person is convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act, the
10defendant's driver's license or permit shall be subject to
11renewal on an annual basis in accordance with the provisions of
12license renewal established by the Secretary of State.
13(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1499-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3930/7from Ch. 38, par. 210-7
4    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
5    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
6    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3