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90_HB3065
720 ILCS 5/12-4.3 from Ch. 38, par. 12-4.3
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Criminal Code of 1961. Makes a stylistic
change in Section defining the offense of aggravated battery
of a child. Amends the Unified Code of Corrections relating
to the Truth-In-Sentencing provisions relating to aggravated
battery of a child.
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1 AN ACT in relation to aggravated battery of a child,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-4.3 as follows:
7 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
8 Sec. 12-4.3. Aggravated Battery of a Child.
9 (a) A Any person of the age 18 years and upwards who
10 intentionally or knowingly, and without legal justification
11 and by any means, causes great bodily harm or permanent
12 disability or disfigurement to any child under the age of 13
13 years or to any institutionalized severely or profoundly
14 mentally retarded person, commits the offense of aggravated
15 battery of a child.
16 Aggravated battery of a child is a Class X felony.
17 (Source: P.A. 89-313, eff. 1-1-96.)
18 Section 10. The Unified Code of Corrections is amended
19 by changing Section 3-6-3 as follows:
20 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
21 Sec. 3-6-3. Rules and Regulations for Early Release.
22 (a)(1) The Department of Corrections shall prescribe
23 rules and regulations for the early release on account of
24 good conduct of persons committed to the Department which
25 shall be subject to review by the Prisoner Review Board.
26 (2) The rules and regulations on early release
27 shall provide, with respect to offenses committed on or
28 after the effective date of this amendatory Act of 1995,
29 the following:
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1 (i) that a prisoner who is serving a term of
2 imprisonment for first degree murder shall receive
3 no good conduct credit and shall serve the entire
4 sentence imposed by the court;
5 (ii) that a prisoner serving a sentence for
6 attempt to commit first degree murder, solicitation
7 of murder, solicitation of murder for hire,
8 intentional homicide of an unborn child, predatory
9 criminal sexual assault of a child, aggravated
10 criminal sexual assault, criminal sexual assault,
11 aggravated kidnapping, aggravated battery with a
12 firearm, heinous battery, aggravated battery of a
13 child, or aggravated battery of a senior citizen,
14 or aggravated battery of a child shall receive no
15 more than 4.5 days of good conduct credit for each
16 month of his or her sentence of imprisonment; and
17 (iii) that a prisoner serving a sentence for
18 home invasion, armed robbery, aggravated vehicular
19 hijacking, aggravated discharge of a firearm, or
20 armed violence with a category I weapon or category
21 II weapon, when the court has made and entered a
22 finding, pursuant to subsection (c-1) of Section
23 5-4-1 of this Code, that the conduct leading to
24 conviction for the enumerated offense resulted in
25 great bodily harm to a victim, shall receive no more
26 than 4.5 days of good conduct credit for each month
27 of his or her sentence of imprisonment.
28 (2.1) For all offenses, other than those enumerated
29 in subdivision (a)(2) committed on or after the effective
30 date of this amendatory Act of 1995, the rules and
31 regulations shall provide that a prisoner who is serving
32 a term of imprisonment shall receive one day of good
33 conduct credit for each day of his or her sentence of
34 imprisonment or recommitment under Section 3-3-9. Each
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1 day of good conduct credit shall reduce by one day the
2 prisoner's period of imprisonment or recommitment under
3 Section 3-3-9.
4 (2.2) A prisoner serving a term of natural life
5 imprisonment or a prisoner who has been sentenced to
6 death shall receive no good conduct credit.
7 (3) The rules and regulations shall also provide
8 that the Director may award up to 180 days additional
9 good conduct credit for meritorious service in specific
10 instances as the Director deems proper; except that no
11 more than 90 days of good conduct credit for meritorious
12 service shall be awarded to any prisoner who is serving a
13 sentence for conviction of first degree murder, reckless
14 homicide while under the influence of alcohol or any
15 other drug, aggravated kidnapping, kidnapping, predatory
16 criminal sexual assault of a child, aggravated criminal
17 sexual assault, criminal sexual assault, deviate sexual
18 assault, aggravated criminal sexual abuse, aggravated
19 indecent liberties with a child, indecent liberties with
20 a child, child pornography, heinous battery, aggravated
21 battery of a spouse, aggravated battery of a spouse with
22 a firearm, stalking, aggravated stalking, aggravated
23 battery of a child, endangering the life or health of a
24 child, cruelty to a child, or narcotic racketeering.
25 Notwithstanding the foregoing, good conduct credit for
26 meritorious service shall not be awarded on a sentence of
27 imprisonment imposed for conviction of one of the
28 offenses enumerated in subdivision (a)(2) when the
29 offense is committed on or after the effective date of
30 this amendatory Act of 1995.
31 (4) The rules and regulations shall also provide
32 that the good conduct credit accumulated and retained
33 under paragraph (2.1) of subsection (a) of this Section
34 by any inmate during specific periods of time in which
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1 such inmate is engaged full-time in substance abuse
2 programs, correctional industry assignments, or
3 educational programs provided by the Department under
4 this paragraph (4) and satisfactorily completes the
5 assigned program as determined by the standards of the
6 Department, shall be multiplied by a factor of 1.25 for
7 program participation before the effective date of this
8 amendatory Act of 1993 and 1.50 for program participation
9 on or after that date. However, no inmate shall be
10 eligible for the additional good conduct credit under
11 this paragraph (4) while assigned to a boot camp, mental
12 health unit, or electronic detention, or if convicted of
13 an offense enumerated in paragraph (a)(2) of this Section
14 that is committed on or after the effective date of this
15 amendatory Act of 1995, or first degree murder, a Class X
16 felony, criminal sexual assault, felony criminal sexual
17 abuse, aggravated criminal sexual abuse, aggravated
18 battery with a firearm, or any predecessor or successor
19 offenses with the same or substantially the same
20 elements, or any inchoate offenses relating to the
21 foregoing offenses. No inmate shall be eligible for the
22 additional good conduct credit under this paragraph (4)
23 who (i) has previously received increased good conduct
24 credit under this paragraph (4) and has subsequently been
25 convicted of a felony, or (ii) has previously served more
26 than one prior sentence of imprisonment for a felony in
27 an adult correctional facility.
28 Educational, vocational, substance abuse and
29 correctional industry programs under which good conduct
30 credit may be increased under this paragraph (4) shall be
31 evaluated by the Department on the basis of documented
32 standards. The Department shall report the results of
33 these evaluations to the Governor and the General
34 Assembly by September 30th of each year. The reports
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1 shall include data relating to the recidivism rate among
2 program participants.
3 Availability of these programs shall be subject to
4 the limits of fiscal resources appropriated by the
5 General Assembly for these purposes. Eligible inmates
6 who are denied immediate admission shall be placed on a
7 waiting list under criteria established by the
8 Department. The inability of any inmate to become engaged
9 in any such programs by reason of insufficient program
10 resources or for any other reason established under the
11 rules and regulations of the Department shall not be
12 deemed a cause of action under which the Department or
13 any employee or agent of the Department shall be liable
14 for damages to the inmate.
15 (5) Whenever the Department is to release any
16 inmate earlier than it otherwise would because of a grant
17 of good conduct credit for meritorious service given at
18 any time during the term, the Department shall give
19 reasonable advance notice of the impending release to the
20 State's Attorney of the county where the prosecution of
21 the inmate took place.
22 (b) Whenever a person is or has been committed under
23 several convictions, with separate sentences, the sentences
24 shall be construed under Section 5-8-4 in granting and
25 forfeiting of good time.
26 (c) The Department shall prescribe rules and regulations
27 for revoking good conduct credit, or suspending or reducing
28 the rate of accumulation of good conduct credit for specific
29 rule violations, during imprisonment. These rules and
30 regulations shall provide that no inmate may be penalized
31 more than one year of good conduct credit for any one
32 infraction.
33 When the Department seeks to revoke, suspend or reduce
34 the rate of accumulation of any good conduct credits for an
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1 alleged infraction of its rules, it shall bring charges
2 therefor against the prisoner sought to be so deprived of
3 good conduct credits before the Prisoner Review Board as
4 provided in subparagraph (a)(4) of Section 3-3-2 of this
5 Code, if the amount of credit at issue exceeds 30 days or
6 when during any 12 month period, the cumulative amount of
7 credit revoked exceeds 30 days except where the infraction is
8 committed or discovered within 60 days of scheduled release.
9 In those cases, the Department of Corrections may revoke up
10 to 30 days of good conduct credit. The Board may subsequently
11 approve the revocation of additional good conduct credit, if
12 the Department seeks to revoke good conduct credit in excess
13 of 30 days. However, the Board shall not be empowered to
14 review the Department's decision with respect to the loss of
15 30 days of good conduct credit within any calendar year for
16 any prisoner or to increase any penalty beyond the length
17 requested by the Department.
18 The Director of the Department of Corrections, in
19 appropriate cases, may restore up to 30 days good conduct
20 credits which have been revoked, suspended or reduced. Any
21 restoration of good conduct credits in excess of 30 days
22 shall be subject to review by the Prisoner Review Board.
23 However, the Board may not restore good conduct credit in
24 excess of the amount requested by the Director.
25 Nothing contained in this Section shall prohibit the
26 Prisoner Review Board from ordering, pursuant to Section
27 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
28 the sentence imposed by the court that was not served due to
29 the accumulation of good conduct credit.
30 (d) If a lawsuit is filed by a prisoner in an Illinois
31 or federal court against the State, the Department of
32 Corrections, or the Prisoner Review Board, or against any of
33 their officers or employees, and the court makes a specific
34 finding that a pleading, motion, or other paper filed by the
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1 prisoner is frivolous, the Department of Corrections shall
2 conduct a hearing to revoke up to 180 days of good conduct
3 credit by bringing charges against the prisoner sought to be
4 deprived of the good conduct credits before the Prisoner
5 Review Board as provided in subparagraph (a)(8) of Section
6 3-3-2 of this Code. If the prisoner has not accumulated 180
7 days of good conduct credit at the time of the finding, then
8 the Prisoner Review Board may revoke all good conduct credit
9 accumulated by the prisoner.
10 For purposes of this subsection (d):
11 (1) "Frivolous" means that a pleading, motion, or
12 other filing which purports to be a legal document filed
13 by a prisoner in his or her lawsuit meets any or all of
14 the following criteria:
15 (A) it lacks an arguable basis either in law
16 or in fact;
17 (B) it is being presented for any improper
18 purpose, such as to harass or to cause unnecessary
19 delay or needless increase in the cost of
20 litigation;
21 (C) the claims, defenses, and other legal
22 contentions therein are not warranted by existing
23 law or by a nonfrivolous argument for the extension,
24 modification, or reversal of existing law or the
25 establishment of new law;
26 (D) the allegations and other factual
27 contentions do not have evidentiary support or, if
28 specifically so identified, are not likely to have
29 evidentiary support after a reasonable opportunity
30 for further investigation or discovery; or
31 (E) the denials of factual contentions are not
32 warranted on the evidence, or if specifically so
33 identified, are not reasonably based on a lack of
34 information or belief.
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1 (2) "Lawsuit" means a petition for post conviction
2 relief under Article 122 of the Code of Criminal
3 Procedure of 1963, a motion pursuant to Section 116-3 of
4 the Code of Criminal Procedure of 1963, a habeas corpus
5 action under Article X of the Code of Civil Procedure or
6 under federal law (28 U.S.C. 2254), a petition for claim
7 under the Court of Claims Act or an action under the
8 federal Civil Rights Act (42 U.S.C. 1983).
9 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
10 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
11 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)