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90_SB1879
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
Amends the Illinois Controlled Substances Act.
Establishes various penalties for the unlawful manufacture,
delivery, and possession of methamphetamine. Amends the
Unified Code of Corrections to provide that a person
convicted of possessing an immediate precursor of
methamphetamine that can be used to manufacture
methamphetamine may not receive probation, periodic
imprisonment, or conditional discharge.
LRB9011638WHpk
LRB9011638WHpk
1 AN ACT in relation to methamphetamine, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Sections 401 and 402 as follows:
7 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
8 Sec. 401. Except as authorized by this Act, it is
9 unlawful for any person knowingly to manufacture or deliver,
10 or possess with intent to manufacture or deliver, a
11 controlled or counterfeit substance or controlled substance
12 analog. A violation of this Act with respect to each of the
13 controlled substances listed herein constitutes a single and
14 separate violation of this Act. For purposes of this
15 Section, "controlled substance analog" or "analog" means a
16 substance which is intended for human consumption, other than
17 a controlled substance, that has a chemical structure
18 substantially similar to that of a controlled substance in
19 Schedule I or II, or that was specifically designed to
20 produce an effect substantially similar to that of a
21 controlled substance in Schedule I or II. Examples of
22 chemical classes in which controlled substance analogs are
23 found include, but are not limited to, the following:
24 phenethylamines, N-substituted piperidines, morphinans,
25 ecgonines, quinazolinones, substituted indoles, and
26 arylcycloalkylamines. For purposes of this Act, a controlled
27 substance analog shall be treated in the same manner as the
28 controlled substance to which it is substantially similar.
29 (a) Any person who violates this Section with respect to
30 the following amounts of controlled or counterfeit substances
31 or controlled substance analogs, notwithstanding any of the
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1 provisions of subsections (c), (d), (e), (f), (g) or (h) to
2 the contrary, is guilty of a Class X felony and shall be
3 sentenced to a term of imprisonment as provided in this
4 subsection (a) and fined as provided in subsection (b):
5 (1) (A) not less than 6 years and not more than 30
6 years with respect to 15 grams or more but less than
7 100 grams of a substance containing heroin, or an
8 analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to 100 grams or more but less
11 than 400 grams of a substance containing heroin, or
12 an analog thereof;
13 (C) not less than 12 years and not more than
14 50 years with respect to 400 grams or more but less
15 than 900 grams of a substance containing heroin, or
16 an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to 900 grams or more of any
19 substance containing heroin, or an analog thereof;
20 (2) (A) not less than 6 years and not more than 30
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing cocaine, or an
23 analog thereof;
24 (B) not less than 9 years and not more than 40
25 years with respect to 100 grams or more but less
26 than 400 grams of a substance containing cocaine, or
27 an analog thereof;
28 (C) not less than 12 years and not more than
29 50 years with respect to 400 grams or more but less
30 than 900 grams of a substance containing cocaine, or
31 an analog thereof;
32 (D) not less than 15 years and not more than
33 60 years with respect to 900 grams or more of any
34 substance containing cocaine, or an analog thereof;
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1 (3) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing morphine, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing morphine,
8 or an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing morphine,
12 or an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of a
15 substance containing morphine, or an analog thereof;
16 (4) 200 grams or more of any substance containing
17 peyote, or an analog thereof;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid, or an analog thereof;
21 (6) 200 grams or more of any substance containing
22 amphetamine or methamphetamine or any salt of an optical
23 isomer of amphetamine or methamphetamine, or an analog
24 thereof;
25 (6.5) (A) not less than 6 years and not more than
26 30 years with respect to 25 grams or more but less than
27 100 grams of a substance containing methamphetamine or
28 any salt of an optical isomer of methamphetamine, or an
29 analog thereof;
30 (B) not less than 6 years and not more than 40
31 years with respect to 100 grams or more but less
32 than 400 grams of a substance containing
33 methamphetamine or any salt of an optical isomer of
34 methamphetamine, or an analog thereof;
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1 (C) not less than 6 years and not more than 50
2 years with respect to 400 grams or more but less
3 than 900 grams of a substance containing
4 methamphetamine or any salt of an optical isomer of
5 methamphetamine, or an analog thereof;
6 (D) not less than 6 years and not more than 60
7 years with respect to 900 grams or more of any
8 substance containing methamphetamine or any salt of
9 an optical isomer of methamphetamine, or an analog
10 thereof.
11 (7) (A) not less than 6 years and not more than 30
12 years with respect to: (i) 15 grams or more but less
13 than 100 grams of a substance containing lysergic
14 acid diethylamide (LSD), or an analog thereof, or
15 (ii) 15 or more objects or 15 or more segregated
16 parts of an object or objects but less than 200
17 objects or 200 segregated parts of an object or
18 objects containing in them or having upon them any
19 amounts of any substance containing lysergic acid
20 diethylamide (LSD), or an analog thereof;
21 (B) not less than 9 years and not more than 40
22 years with respect to: (i) 100 grams or more but
23 less than 400 grams of a substance containing
24 lysergic acid diethylamide (LSD), or an analog
25 thereof, or (ii) 200 or more objects or 200 or more
26 segregated parts of an object or objects but less
27 than 600 objects or less than 600 segregated parts
28 of an object or objects containing in them or having
29 upon them any amount of any substance containing
30 lysergic acid diethylamide (LSD), or an analog
31 thereof;
32 (C) not less than 12 years and not more than
33 50 years with respect to: (i) 400 grams or more but
34 less than 900 grams of a substance containing
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1 lysergic acid diethylamide (LSD), or an analog
2 thereof, or (ii) 600 or more objects or 600 or more
3 segregated parts of an object or objects but less
4 than 1500 objects or 1500 segregated parts of an
5 object or objects containing in them or having upon
6 them any amount of any substance containing lysergic
7 acid diethylamide (LSD), or an analog thereof;
8 (D) not less than 15 years and not more than
9 60 years with respect to: (i) 900 grams or more of
10 any substance containing lysergic acid diethylamide
11 (LSD), or an analog thereof, or (ii) 1500 or more
12 objects or 1500 or more segregated parts of an
13 object or objects containing in them or having upon
14 them any amount of a substance containing lysergic
15 acid diethylamide (LSD), or an analog thereof;
16 (8) 30 grams or more of any substance containing
17 pentazocine or any of the salts, isomers and salts of
18 isomers of pentazocine, or an analog thereof;
19 (9) 30 grams or more of any substance containing
20 methaqualone or any of the salts, isomers and salts of
21 isomers of methaqualone, or an analog thereof;
22 (10) 30 grams or more of any substance
23 containing phencyclidine or any of the salts, isomers
24 and salts of isomers of phencyclidine (PCP), or an
25 analog thereof;
26 (10.5) 30 grams or more of any substance containing
27 ketamine or any of the salts, isomers and salts of
28 isomers of ketamine, or an analog thereof;
29 (11) 200 grams or more of any substance containing
30 any other controlled substance classified in Schedules I
31 or II, or an analog thereof, which is not otherwise
32 included in this subsection.
33 (a-5) Any person who: knowingly possesses any immediate
34 precursor of methamphetamine or any other chemical compound
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1 that can be used to manufacture any substance containing
2 methamphetamine, or any salt of an optical isomer of
3 methamphetamine or an analog thereof, with the intent to
4 manufacture any substance containing methamphetamine or any
5 salt of an optical isomer of methamphetamine, or an analog
6 thereof, is guilty of a Class 1 felony. A person who
7 violates the provisions of this subsection (a-5) may be fined
8 as provided in subsection (b).
9 (b) Any person sentenced with respect to violations of
10 paragraph (1), (2), (3), (6.5), or (7) of subsection (a)
11 involving 100 grams or more of the controlled substance named
12 therein, may in addition to the penalties provided therein,
13 be fined an amount not more than $500,000 or the full street
14 value of the controlled or counterfeit substance or
15 controlled substance analog, whichever is greater. The term
16 "street value" shall have the meaning ascribed in Section
17 110-5 of the Code of Criminal Procedure of 1963. Any person
18 sentenced with respect to any other provision of subsection
19 (a), may in addition to the penalties provided therein, be
20 fined an amount not to exceed $500,000.
21 Any person sentenced with respect to a violation of
22 subsection (a-5) may, in addition to the penalties provided
23 therein, be fined an amount not to exceed $350,000.
24 (c) Any person who violates this Section with regard to
25 the following amounts of controlled or counterfeit substances
26 or controlled substance analogs, notwithstanding any of the
27 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
28 to the contrary, is guilty of a Class 1 felony. The fine for
29 violation of this subsection (c) shall not be more than
30 $250,000:
31 (1) 10 or more grams but less than 15 grams of any
32 substance containing heroin, or an analog thereof;
33 (2) 1 gram or more but less than 15 grams of any
34 substance containing cocaine, or an analog thereof;
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1 (3) 10 grams or more but less than 15 grams of any
2 substance containing morphine, or an analog thereof;
3 (4) 50 grams or more but less than 200 grams of any
4 substance containing peyote, or an analog thereof;
5 (5) 50 grams or more but less than 200 grams of any
6 substance containing a derivative of barbituric acid or
7 any of the salts of a derivative of barbituric acid, or
8 an analog thereof;
9 (6) 50 grams or more but less than 200 grams of any
10 substance containing amphetamine or methamphetamine or
11 any salt of an optical isomer of amphetamine or
12 methamphetamine, or an analog thereof;
13 (6.5) 10 grams or more but less than 25 grams of
14 any substance containing methamphetamine or any salt or
15 optical isomer of methamphetamine, or an analog thereof;
16 (7) (i) 5 grams or more but less than 15 grams of
17 any substance containing lysergic acid diethylamide
18 (LSD), or an analog thereof, or (ii) more than 10 objects
19 or more than 10 segregated parts of an object or objects
20 but less than 15 objects or less than 15 segregated parts
21 of an object containing in them or having upon them any
22 amount of any substance containing lysergic acid
23 diethylamide (LSD), or an analog thereof;
24 (8) 10 grams or more but less than 30 grams of any
25 substance containing pentazocine or any of the salts,
26 isomers and salts of isomers of pentazocine, or an analog
27 thereof;
28 (9) 10 grams or more but less than 30 grams of any
29 substance containing methaqualone or any of the salts,
30 isomers and salts of isomers of methaqualone, or an
31 analog thereof;
32 (10) 10 grams or more but less than 30 grams of any
33 substance containing phencyclidine or any of the salts,
34 isomers and salts of isomers of phencyclidine (PCP), or
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1 an analog thereof;
2 (10.5) 10 grams or more but less than 30 grams of
3 any substance containing ketamine or any of the salts,
4 isomers and salts of isomers of ketamine, or an analog
5 thereof;
6 (11) 50 grams or more but less than 200 grams of
7 any substance containing a substance classified in
8 Schedules I or II, or an analog thereof, which is not
9 otherwise included in this subsection.
10 (d) Any person who violates this Section with regard to
11 any other amount of a controlled or counterfeit substance
12 classified in Schedules I or II, or an analog thereof, which
13 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
14 (LSD) or an analog thereof, is guilty of a Class 2 felony.
15 The fine for violation of this subsection (d) shall not be
16 more than $200,000.
17 (e) Any person who violates this Section with regard to
18 any other amount of a controlled or counterfeit substance
19 classified in Schedule I or II, or an analog thereof, which
20 substance is not included under subsection (d) of this
21 Section, is guilty of a Class 3 felony. The fine for
22 violation of this subsection (e) shall not be more than
23 $150,000.
24 (f) Any person who violates this Section with regard to
25 any other amount of a controlled or counterfeit substance
26 classified in Schedule III is guilty of a Class 3 felony. The
27 fine for violation of this subsection (f) shall not be more
28 than $125,000.
29 (g) Any person who violates this Section with regard to
30 any other amount of a controlled or counterfeit substance
31 classified in Schedule IV is guilty of a Class 3 felony. The
32 fine for violation of this subsection (g) shall not be more
33 than $100,000.
34 (h) Any person who violates this Section with regard to
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1 any other amount of a controlled or counterfeit substance
2 classified in Schedule V is guilty of a Class 3 felony. The
3 fine for violation of this subsection (h) shall not be more
4 than $75,000.
5 (i) This Section does not apply to the manufacture,
6 possession or distribution of a substance in conformance with
7 the provisions of an approved new drug application or an
8 exemption for investigational use within the meaning of
9 Section 505 of the Federal Food, Drug and Cosmetic Act.
10 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
11 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
12 Sec. 402. Except as otherwise authorized by this Act, it
13 is unlawful for any person knowingly to possess a controlled
14 or counterfeit substance. A violation of this Act with
15 respect to each of the controlled substances listed herein
16 constitutes a single and separate violation of this Act.
17 (a) Any person who violates this Section with respect to
18 the following controlled or counterfeit substances and
19 amounts, notwithstanding any of the provisions of subsection
20 (c) and (d) to the contrary, is guilty of a Class 1 felony
21 and shall, if sentenced to a term of imprisonment, be
22 sentenced as provided in this subsection (a) and fined as
23 provided in subsection (b):
24 (1) (A) not less than 4 years and not more than 15
25 years with respect to 15 grams or more but less than
26 100 grams of a substance containing heroin;
27 (B) not less than 6 years and not more than 30
28 years with respect to 100 grams or more but less
29 than 400 grams of a substance containing heroin;
30 (C) not less than 8 years and not more than 40
31 years with respect to 400 grams or more but less
32 than 900 grams of any substance containing heroin;
33 (D) not less than 10 years and not more than
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1 50 years with respect to 900 grams or more of any
2 substance containing heroin;
3 (2) (A) not less than 4 years and not more than 15
4 years with respect to 15 grams or more but less than
5 100 grams of any substance containing cocaine;
6 (B) not less than 6 years and not more than 30
7 years with respect to 100 grams or more but less
8 than 400 grams of any substance containing cocaine;
9 (C) not less than 8 years and not more than 40
10 years with respect to 400 grams or more but less
11 than 900 grams of any substance containing cocaine;
12 (D) not less than 10 years and not more than
13 50 years with respect to 900 grams or more of any
14 substance containing cocaine;
15 (3) (A) not less than 4 years and not more than 15
16 years with respect to 15 grams or more but less than
17 100 grams of any substance containing morphine;
18 (B) not less than 6 years and not more than 30
19 years with respect to 100 grams or more but less
20 than 400 grams of any substance containing morphine;
21 (C) not less than 8 years and not more than 40
22 years with respect to 400 grams or more but less
23 than 900 grams of any substance containing morphine;
24 (D) not less than 10 years and not more than
25 50 years with respect to 900 grams or more of any
26 substance containing morphine;
27 (4) 200 grams or more of any substance containing
28 peyote;
29 (5) 200 grams or more of any substance containing a
30 derivative of barbituric acid or any of the salts of a
31 derivative of barbituric acid;
32 (6) 200 grams or more of any substance containing
33 amphetamine or methamphetamine or any salt of an optical
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1 isomer of amphetamine or methamphetamine;
2 (6.5) (A) not less than 4 years and not more than
3 15 years with respect to 25 grams or more but less than
4 100 grams of a substance containing methamphetamine or
5 any salt of an optical isomer of methamphetamine;
6 (B) not less than 6 years and not more than 30
7 years with respect to 100 grams or more but less
8 than 400 grams of a substance containing
9 methamphetamine or any salt of an optical isomer of
10 methamphetamine;
11 (C) not less than 6 years and not more than 40
12 years with respect to 400 grams or more but less
13 than 900 grams of a substance containing
14 methamphetamine or any salt of an optical isomer of
15 methamphetamine;
16 (D) not less than 6 years and not more than 50
17 years with respect to 900 grams or more of any
18 substance containing methamphetamine or any salt of
19 an optical isomer of methamphetamine;
20 (7) (A) not less than 4 years and not more than 15
21 years with respect to: (i) 15 grams or more but less
22 than 100 grams of any substance containing lysergic
23 acid diethylamide (LSD), or an analog thereof, or
24 (ii) 15 or more objects or 15 or more segregated
25 parts of an object or objects but less than 200
26 objects or 200 segregated parts of an object or
27 objects containing in them or having upon them any
28 amount of any substance containing lysergic acid
29 diethylamide (LSD), or an analog thereof;
30 (B) not less than 6 years and not more than 30
31 years with respect to: (i) 100 grams or more but
32 less than 400 grams of any substance containing
33 lysergic acid diethylamide (LSD), or an analog
34 thereof, or (ii) 200 or more objects or 200 or more
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1 segregated parts of an object or objects but less
2 than 600 objects or less than 600 segregated parts
3 of an object or objects containing in them or having
4 upon them any amount of any substance containing
5 lysergic acid diethylamide (LSD), or an analog
6 thereof;
7 (C) not less than 8 years and not more than 40
8 years with respect to: (i) 400 grams or more but
9 less than 900 grams of any substance containing
10 lysergic acid diethylamide (LSD), or an analog
11 thereof, or (ii) 600 or more objects or 600 or more
12 segregated parts of an object or objects but less
13 than 1500 objects or 1500 segregated parts of an
14 object or objects containing in them or having upon
15 them any amount of any substance containing lysergic
16 acid diethylamide (LSD), or an analog thereof;
17 (D) not less than 10 years and not more than
18 50 years with respect to: (i) 900 grams or more of
19 any substance containing lysergic acid diethylamide
20 (LSD), or an analog thereof, or (ii) 1500 or more
21 objects or 1500 or more segregated parts of an
22 object or objects containing in them or having upon
23 them any amount of a substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof;
25 (8) 30 grams or more of any substance containing
26 pentazocine or any of the salts, isomers and salts of
27 isomers of pentazocine, or an analog thereof;
28 (9) 30 grams or more of any substance containing
29 methaqualone or any of the salts, isomers and salts of
30 isomers of methaqualone;
31 (10) 30 grams or more of any substance containing
32 phencyclidine or any of the salts, isomers and salts of
33 isomers of phencyclidine (PCP);
34 (10.5) 30 grams or more of any substance containing
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1 ketamine or any of the salts, isomers and salts of
2 isomers of ketamine;
3 (11) 200 grams or more of any substance containing
4 any substance classified as a narcotic drug in Schedules
5 I or II which is not otherwise included in this
6 subsection.
7 (b) Any person sentenced with respect to violations of
8 paragraph (1), (2), (3) or (7) of subsection (a) involving
9 100 grams or more of the controlled substance named therein,
10 may in addition to the penalties provided therein, be fined
11 an amount not to exceed $200,000 or the full street value of
12 the controlled or counterfeit substances, whichever is
13 greater. The term "street value" shall have the meaning
14 ascribed in Section 110-5 of the Code of Criminal Procedure
15 of 1963. Any person sentenced with respect to any other
16 provision of subsection (a), may in addition to the penalties
17 provided therein, be fined an amount not to exceed $200,000.
18 (c) Any person who violates this Section with regard to
19 an amount of a controlled or counterfeit substance not set
20 forth in subsection (a) or (d) is guilty of a Class 4 felony.
21 The fine for a violation punishable under this subsection (c)
22 shall not be more than $25,000.
23 (d) Any person who violates this Section with regard to
24 any amount of anabolic steroid is guilty of a Class C
25 misdemeanor for the first offense and a Class B misdemeanor
26 for a subsequent offense committed within 2 years of a prior
27 conviction.
28 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
29 90-384, eff. 1-1-98; revised 11-13-97.)
30 Section 10. The Unified Code of Corrections is amended
31 by changing Section 5-5-3 as follows:
32 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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1 Sec. 5-5-3. Disposition.
2 (a) Every person convicted of an offense shall be
3 sentenced as provided in this Section.
4 (b) The following options shall be appropriate
5 dispositions, alone or in combination, for all felonies and
6 misdemeanors other than those identified in subsection (c) of
7 this Section:
8 (1) A period of probation.
9 (2) A term of periodic imprisonment.
10 (3) A term of conditional discharge.
11 (4) A term of imprisonment.
12 (5) An order directing the offender to clean up and
13 repair the damage, if the offender was convicted under
14 paragraph (h) of Section 21-1 of the Criminal Code of
15 1961.
16 (6) A fine.
17 (7) An order directing the offender to make
18 restitution to the victim under Section 5-5-6 of this
19 Code.
20 (8) A sentence of participation in a county impact
21 incarceration program under Section 5-8-1.2 of this Code.
22 Whenever an individual is sentenced for an offense based
23 upon an arrest for a violation of Section 11-501 of the
24 Illinois Vehicle Code, or a similar provision of a local
25 ordinance, and the professional evaluation recommends
26 remedial or rehabilitative treatment or education, neither
27 the treatment nor the education shall be the sole disposition
28 and either or both may be imposed only in conjunction with
29 another disposition. The court shall monitor compliance with
30 any remedial education or treatment recommendations contained
31 in the professional evaluation. Programs conducting alcohol
32 or other drug evaluation or remedial education must be
33 licensed by the Department of Human Services. However, if
34 the individual is not a resident of Illinois, the court may
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1 accept an alcohol or other drug evaluation or remedial
2 education program in the state of such individual's
3 residence. Programs providing treatment must be licensed
4 under existing applicable alcoholism and drug treatment
5 licensure standards.
6 In addition to any other fine or penalty required by law,
7 any individual convicted of a violation of Section 11-501 of
8 the Illinois Vehicle Code or a similar provision of local
9 ordinance, whose operation of a motor vehicle while in
10 violation of Section 11-501 or such ordinance proximately
11 caused an incident resulting in an appropriate emergency
12 response, shall be required to make restitution to a public
13 agency for the costs of that emergency response. Such
14 restitution shall not exceed $500 per public agency for each
15 such emergency response. For the purpose of this paragraph,
16 emergency response shall mean any incident requiring a
17 response by: a police officer as defined under Section 1-162
18 of the Illinois Vehicle Code; a fireman carried on the rolls
19 of a regularly constituted fire department; and an ambulance
20 as defined under Section 4.05 of the Emergency Medical
21 Services (EMS) Systems Act.
22 Neither a fine nor restitution shall be the sole
23 disposition for a felony and either or both may be imposed
24 only in conjunction with another disposition.
25 (c) (1) When a defendant is found guilty of first degree
26 murder the State may either seek a sentence of
27 imprisonment under Section 5-8-1 of this Code, or where
28 appropriate seek a sentence of death under Section 9-1 of
29 the Criminal Code of 1961.
30 (2) A period of probation, a term of periodic
31 imprisonment or conditional discharge shall not be
32 imposed for the following offenses. The court shall
33 sentence the offender to not less than the minimum term
34 of imprisonment set forth in this Code for the following
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1 offenses, and may order a fine or restitution or both in
2 conjunction with such term of imprisonment:
3 (A) First degree murder where the death
4 penalty is not imposed.
5 (B) Attempted first degree murder.
6 (C) A Class X felony.
7 (D) A violation of Section 401.1 or 407 of the
8 Illinois Controlled Substances Act, or a violation
9 of subdivision (c)(2) of Section 401 of that Act
10 which relates to more than 5 grams of a substance
11 containing cocaine or an analog thereof.
12 (E) A violation of Section 5.1 or 9 of the
13 Cannabis Control Act.
14 (F) A Class 2 or greater felony if the
15 offender had been convicted of a Class 2 or greater
16 felony within 10 years of the date on which he
17 committed the offense for which he is being
18 sentenced.
19 (G) Residential burglary.
20 (H) Criminal sexual assault, except as
21 otherwise provided in subsection (e) of this
22 Section.
23 (I) Aggravated battery of a senior citizen.
24 (J) A forcible felony if the offense was
25 related to the activities of an organized gang.
26 Before July 1, 1994, for the purposes of this
27 paragraph, "organized gang" means an association of
28 5 or more persons, with an established hierarchy,
29 that encourages members of the association to
30 perpetrate crimes or provides support to the members
31 of the association who do commit crimes.
32 Beginning July 1, 1994, for the purposes of
33 this paragraph, "organized gang" has the meaning
34 ascribed to it in Section 10 of the Illinois
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1 Streetgang Terrorism Omnibus Prevention Act.
2 (K) Vehicular hijacking.
3 (L) A second or subsequent conviction for the
4 offense of hate crime when the underlying offense
5 upon which the hate crime is based is felony
6 aggravated assault or felony mob action.
7 (M) A second or subsequent conviction for the
8 offense of institutional vandalism if the damage to
9 the property exceeds $300.
10 (N) A Class 3 felony violation of paragraph
11 (1) of subsection (a) of Section 2 of the Firearm
12 Owners Identification Card Act.
13 (O) A violation of Section 12-6.1 of the
14 Criminal Code of 1961.
15 (P) A violation of paragraph (1), (2), (3),
16 (4), (5), or (7) of subsection (a) of Section
17 11-20.1 of the Criminal Code of 1961.
18 (Q) A violation of subsection (a-5) of Section
19 401 of the Illinois Controlled Substances Act.
20 (3) A minimum term of imprisonment of not less than
21 48 consecutive hours or 100 hours of community service as
22 may be determined by the court shall be imposed for a
23 second or subsequent violation committed within 5 years
24 of a previous violation of Section 11-501 of the Illinois
25 Vehicle Code or a similar provision of a local ordinance.
26 (4) A minimum term of imprisonment of not less than
27 7 consecutive days or 30 days of community service shall
28 be imposed for a violation of paragraph (c) of Section
29 6-303 of the Illinois Vehicle Code.
30 (4.1) A minimum term of 30 consecutive days of
31 imprisonment, 40 days of 24 hour periodic imprisonment or
32 720 hours of community service, as may be determined by
33 the court, shall be imposed for a violation of Section
34 11-501 of the Illinois Vehicle Code during a period in
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1 which the defendant's driving privileges are revoked or
2 suspended, where the revocation or suspension was for a
3 violation of Section 11-501 or Section 11-501.1 of that
4 Code.
5 (5) The court may sentence an offender convicted of
6 a business offense or a petty offense or a corporation or
7 unincorporated association convicted of any offense to:
8 (A) a period of conditional discharge;
9 (B) a fine;
10 (C) make restitution to the victim under
11 Section 5-5-6 of this Code.
12 (6) In no case shall an offender be eligible for a
13 disposition of probation or conditional discharge for a
14 Class 1 felony committed while he was serving a term of
15 probation or conditional discharge for a felony.
16 (7) When a defendant is adjudged a habitual
17 criminal under Article 33B of the Criminal Code of 1961,
18 the court shall sentence the defendant to a term of
19 natural life imprisonment.
20 (8) When a defendant, over the age of 21 years, is
21 convicted of a Class 1 or Class 2 felony, after having
22 twice been convicted of any Class 2 or greater Class
23 felonies in Illinois, and such charges are separately
24 brought and tried and arise out of different series of
25 acts, such defendant shall be sentenced as a Class X
26 offender. This paragraph shall not apply unless (1) the
27 first felony was committed after the effective date of
28 this amendatory Act of 1977; and (2) the second felony
29 was committed after conviction on the first; and (3) the
30 third felony was committed after conviction on the
31 second.
32 (9) A defendant convicted of a second or subsequent
33 offense of ritualized abuse of a child may be sentenced
34 to a term of natural life imprisonment.
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1 (10) Beginning July 1, 1994, unless sentencing
2 under Section 33B-1 is applicable, a term of imprisonment
3 of not less than 15 years nor more than 50 years shall be
4 imposed on a defendant who violates Section 33A-2 of the
5 Criminal Code of 1961 with a firearm, when that person
6 has been convicted in any state or federal court of 3 or
7 more of the following offenses: treason, first degree
8 murder, second degree murder, aggravated criminal sexual
9 assault, criminal sexual assault, robbery, burglary,
10 arson, kidnaping, aggravated battery resulting in great
11 bodily harm or permanent disability or disfigurement, or
12 a violation of Section 401(a) of the Illinois Controlled
13 Substances Act, when the third offense was committed
14 after conviction on the second, the second offense was
15 committed after conviction on the first, and the
16 violation of Section 33A-2 of the Criminal Code of 1961
17 was committed after conviction on the third.
18 (11) Beginning July 1, 1994, a term of imprisonment
19 of not less than 10 years and not more than 30 years
20 shall be imposed on a defendant who violates Section
21 33A-2 with a Category I weapon where the offense was
22 committed in any school, or any conveyance owned, leased,
23 or contracted by a school to transport students to or
24 from school or a school related activity, on the real
25 property comprising any school or public park, and where
26 the offense was related to the activities of an organized
27 gang. For the purposes of this paragraph (11),
28 "organized gang" has the meaning ascribed to it in
29 Section 10 of the Illinois Streetgang Terrorism Omnibus
30 Prevention Act.
31 (d) In any case in which a sentence originally imposed
32 is vacated, the case shall be remanded to the trial court.
33 The trial court shall hold a hearing under Section 5-4-1 of
34 the Unified Code of Corrections which may include evidence of
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1 the defendant's life, moral character and occupation during
2 the time since the original sentence was passed. The trial
3 court shall then impose sentence upon the defendant. The
4 trial court may impose any sentence which could have been
5 imposed at the original trial subject to Section 5-5-4 of the
6 Unified Code of Corrections.
7 (e) In cases where prosecution for criminal sexual
8 assault or aggravated criminal sexual abuse under Section
9 12-13 or 12-16 of the Criminal Code of 1961 results in
10 conviction of a defendant who was a family member of the
11 victim at the time of the commission of the offense, the
12 court shall consider the safety and welfare of the victim and
13 may impose a sentence of probation only where:
14 (1) the court finds (A) or (B) or both are
15 appropriate:
16 (A) the defendant is willing to undergo a
17 court approved counseling program for a minimum
18 duration of 2 years; or
19 (B) the defendant is willing to participate in
20 a court approved plan including but not limited to
21 the defendant's:
22 (i) removal from the household;
23 (ii) restricted contact with the victim;
24 (iii) continued financial support of the
25 family;
26 (iv) restitution for harm done to the
27 victim; and
28 (v) compliance with any other measures
29 that the court may deem appropriate; and
30 (2) the court orders the defendant to pay for the
31 victim's counseling services, to the extent that the
32 court finds, after considering the defendant's income and
33 assets, that the defendant is financially capable of
34 paying for such services, if the victim was under 18
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1 years of age at the time the offense was committed and
2 requires counseling as a result of the offense.
3 Probation may be revoked or modified pursuant to Section
4 5-6-4; except where the court determines at the hearing that
5 the defendant violated a condition of his or her probation
6 restricting contact with the victim or other family members
7 or commits another offense with the victim or other family
8 members, the court shall revoke the defendant's probation and
9 impose a term of imprisonment.
10 For the purposes of this Section, "family member" and
11 "victim" shall have the meanings ascribed to them in Section
12 12-12 of the Criminal Code of 1961.
13 (f) This Article shall not deprive a court in other
14 proceedings to order a forfeiture of property, to suspend or
15 cancel a license, to remove a person from office, or to
16 impose any other civil penalty.
17 (g) Whenever a defendant is convicted of an offense
18 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
19 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
20 12-15 or 12-16 of the Criminal Code of 1961, the defendant
21 shall undergo medical testing to determine whether the
22 defendant has any sexually transmissible disease, including a
23 test for infection with human immunodeficiency virus (HIV) or
24 any other identified causative agent of acquired
25 immunodeficiency syndrome (AIDS). Any such medical test
26 shall be performed only by appropriately licensed medical
27 practitioners and may include an analysis of any bodily
28 fluids as well as an examination of the defendant's person.
29 Except as otherwise provided by law, the results of such test
30 shall be kept strictly confidential by all medical personnel
31 involved in the testing and must be personally delivered in a
32 sealed envelope to the judge of the court in which the
33 conviction was entered for the judge's inspection in camera.
34 Acting in accordance with the best interests of the victim
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1 and the public, the judge shall have the discretion to
2 determine to whom, if anyone, the results of the testing may
3 be revealed. The court shall notify the defendant of the test
4 results. The court shall also notify the victim if requested
5 by the victim, and if the victim is under the age of 15 and
6 if requested by the victim's parents or legal guardian, the
7 court shall notify the victim's parents or legal guardian of
8 the test results. The court shall provide information on the
9 availability of HIV testing and counseling at Department of
10 Public Health facilities to all parties to whom the results
11 of the testing are revealed and shall direct the State's
12 Attorney to provide the information to the victim when
13 possible. A State's Attorney may petition the court to obtain
14 the results of any HIV test administered under this Section,
15 and the court shall grant the disclosure if the State's
16 Attorney shows it is relevant in order to prosecute a charge
17 of criminal transmission of HIV under Section 12-16.2 of the
18 Criminal Code of 1961 against the defendant. The court shall
19 order that the cost of any such test shall be paid by the
20 county and may be taxed as costs against the convicted
21 defendant.
22 (g-5) When an inmate is tested for an airborne
23 communicable disease, as determined by the Illinois
24 Department of Public Health including but not limited to
25 tuberculosis, the results of the test shall be personally
26 delivered by the warden or his or her designee in a sealed
27 envelope to the judge of the court in which the inmate must
28 appear for the judge's inspection in camera if requested by
29 the judge. Acting in accordance with the best interests of
30 those in the courtroom, the judge shall have the discretion
31 to determine what if any precautions need to be taken to
32 prevent transmission of the disease in the courtroom.
33 (h) Whenever a defendant is convicted of an offense
34 under Section 1 or 2 of the Hypodermic Syringes and Needles
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1 Act, the defendant shall undergo medical testing to determine
2 whether the defendant has been exposed to human
3 immunodeficiency virus (HIV) or any other identified
4 causative agent of acquired immunodeficiency syndrome (AIDS).
5 Except as otherwise provided by law, the results of such test
6 shall be kept strictly confidential by all medical personnel
7 involved in the testing and must be personally delivered in a
8 sealed envelope to the judge of the court in which the
9 conviction was entered for the judge's inspection in camera.
10 Acting in accordance with the best interests of the public,
11 the judge shall have the discretion to determine to whom, if
12 anyone, the results of the testing may be revealed. The court
13 shall notify the defendant of a positive test showing an
14 infection with the human immunodeficiency virus (HIV). The
15 court shall provide information on the availability of HIV
16 testing and counseling at Department of Public Health
17 facilities to all parties to whom the results of the testing
18 are revealed and shall direct the State's Attorney to provide
19 the information to the victim when possible. A State's
20 Attorney may petition the court to obtain the results of any
21 HIV test administered under this Section, and the court
22 shall grant the disclosure if the State's Attorney shows it
23 is relevant in order to prosecute a charge of criminal
24 transmission of HIV under Section 12-16.2 of the Criminal
25 Code of 1961 against the defendant. The court shall order
26 that the cost of any such test shall be paid by the county
27 and may be taxed as costs against the convicted defendant.
28 (i) All fines and penalties imposed under this Section
29 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
30 Vehicle Code, or a similar provision of a local ordinance,
31 and any violation of the Child Passenger Protection Act, or a
32 similar provision of a local ordinance, shall be collected
33 and disbursed by the circuit clerk as provided under Section
34 27.5 of the Clerks of Courts Act.
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1 (j) In cases when prosecution for any violation of
2 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
3 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
4 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
5 12-16 of the Criminal Code of 1961, any violation of the
6 Illinois Controlled Substances Act, or any violation of the
7 Cannabis Control Act results in conviction, a disposition of
8 court supervision, or an order of probation granted under
9 Section 10 of the Cannabis Control Act or Section 410 of the
10 Illinois Controlled Substance Act of a defendant, the court
11 shall determine whether the defendant is employed by a
12 facility or center as defined under the Child Care Act of
13 1969, a public or private elementary or secondary school, or
14 otherwise works with children under 18 years of age on a
15 daily basis. When a defendant is so employed, the court
16 shall order the Clerk of the Court to send a copy of the
17 judgment of conviction or order of supervision or probation
18 to the defendant's employer by certified mail. If the
19 employer of the defendant is a school, the Clerk of the Court
20 shall direct the mailing of a copy of the judgment of
21 conviction or order of supervision or probation to the
22 appropriate regional superintendent of schools. The regional
23 superintendent of schools shall notify the State Board of
24 Education of any notification under this subsection.
25 (j-5) A defendant at least 17 years of age who is
26 convicted of a felony and who has not been previously
27 convicted of a misdemeanor or felony and who is sentenced to
28 a term of imprisonment in the Illinois Department of
29 Corrections shall as a condition of his or her sentence be
30 required by the court to attend educational courses designed
31 to prepare the defendant for a high school diploma and to
32 work toward a high school diploma or to work toward passing
33 the high school level Test of General Educational Development
34 (GED) or to work toward completing a vocational training
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1 program offered by the Department of Corrections. If a
2 defendant fails to complete the educational training required
3 by his or her sentence during the term of incarceration, the
4 Prisoner Review Board shall, as a condition of mandatory
5 supervised release, require the defendant, at his or her own
6 expense, to pursue a course of study toward a high school
7 diploma or passage of the GED test. The Prisoner Review
8 Board shall revoke the mandatory supervised release of a
9 defendant who wilfully fails to comply with this subsection
10 (j-5) upon his or her release from confinement in a penal
11 institution while serving a mandatory supervised release
12 term; however, the inability of the defendant after making a
13 good faith effort to obtain financial aid or pay for the
14 educational training shall not be deemed a wilful failure to
15 comply. The Prisoner Review Board shall recommit the
16 defendant whose mandatory supervised release term has been
17 revoked under this subsection (j-5) as provided in Section
18 3-3-9. This subsection (j-5) does not apply to a defendant
19 who has a high school diploma or has successfully passed the
20 GED test. This subsection (j-5) does not apply to a defendant
21 who is determined by the court to be developmentally disabled
22 or otherwise mentally incapable of completing the educational
23 or vocational program.
24 (k) A court may not impose a sentence or disposition for
25 a felony or misdemeanor that requires the defendant to be
26 implanted or injected with or to use any form of birth
27 control.
28 (l)(A) Except as provided in paragraph (C) of subsection
29 (l), whenever a defendant, who is an alien as defined by the
30 Immigration and Nationality Act, is convicted of any felony
31 or misdemeanor offense, the court after sentencing the
32 defendant may, upon motion of the State's Attorney, hold
33 sentence in abeyance and remand the defendant to the custody
34 of the Attorney General of the United States or his or her
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1 designated agent to be deported when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under the
4 Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct and
7 would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as provided
9 in this Chapter V.
10 (B) If the defendant has already been sentenced for a
11 felony or misdemeanor offense, or has been placed on
12 probation under Section 10 of the Cannabis Control Act or
13 Section 410 of the Illinois Controlled Substances Act, the
14 court may, upon motion of the State's Attorney to suspend the
15 sentence imposed, commit the defendant to the custody of the
16 Attorney General of the United States or his or her
17 designated agent when:
18 (1) a final order of deportation has been issued
19 against the defendant pursuant to proceedings under the
20 Immigration and Nationality Act, and
21 (2) the deportation of the defendant would not
22 deprecate the seriousness of the defendant's conduct and
23 would not be inconsistent with the ends of justice.
24 (C) This subsection (l) does not apply to offenders who
25 are subject to the provisions of paragraph (2) of subsection
26 (a) of Section 3-6-3.
27 (D) Upon motion of the State's Attorney, if a defendant
28 sentenced under this Section returns to the jurisdiction of
29 the United States, the defendant shall be recommitted to the
30 custody of the county from which he or she was sentenced.
31 Thereafter, the defendant shall be brought before the
32 sentencing court, which may impose any sentence that was
33 available under Section 5-5-3 at the time of initial
34 sentencing. In addition, the defendant shall not be eligible
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1 for additional good conduct credit for meritorious service as
2 provided under Section 3-6-6.
3 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
4 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
5 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
6 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
7 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)