| ||||
Public Act 103-0822 | ||||
| ||||
AN ACT concerning criminal law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Child Care Act of 1969 is amended by | ||||
changing Section 4.2 as follows: | ||||
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2) | ||||
Sec. 4.2. (a) No applicant may receive a license from the | ||||
Department and no person may be employed by a licensed child | ||||
care facility who refuses to authorize an investigation as | ||||
required by Section 4.1. | ||||
(b) In addition to the other provisions of this Section, | ||||
no applicant may receive a license from the Department and no | ||||
person may be employed by a child care facility licensed by the | ||||
Department who has been declared a sexually dangerous person | ||||
under the Sexually Dangerous Persons Act, or convicted of | ||||
committing or attempting to commit any of the following | ||||
offenses stipulated under the Criminal Code of 1961 or the | ||||
Criminal Code of 2012: | ||||
(1) murder; | ||||
(1.1) solicitation of murder; | ||||
(1.2) solicitation of murder for hire; | ||||
(1.3) intentional homicide of an unborn child; | ||||
(1.4) voluntary manslaughter of an unborn child; |
(1.5) involuntary manslaughter; | ||
(1.6) reckless homicide; | ||
(1.7) concealment of a homicidal death; | ||
(1.8) involuntary manslaughter of an unborn child; | ||
(1.9) reckless homicide of an unborn child; | ||
(1.10) drug-induced homicide; | ||
(2) a sex offense under Article 11, except offenses | ||
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||
11-40, and 11-45; | ||
(3) kidnapping; | ||
(3.1) aggravated unlawful restraint; | ||
(3.2) forcible detention; | ||
(3.3) harboring a runaway; | ||
(3.4) aiding and abetting child abduction; | ||
(4) aggravated kidnapping; | ||
(5) child abduction; | ||
(6) aggravated battery of a child as described in | ||
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; | ||
(7) criminal sexual assault; | ||
(8) aggravated criminal sexual assault; | ||
(8.1) predatory criminal sexual assault of a child; | ||
(9) criminal sexual abuse; | ||
(10) aggravated sexual abuse; | ||
(11) heinous battery as described in Section 12-4.1 or | ||
subdivision (a)(2) of Section 12-3.05; | ||
(12) aggravated battery with a firearm as described in |
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||
(e)(4) of Section 12-3.05; | ||
(13) tampering with food, drugs, or cosmetics; | ||
(14) drug induced infliction of great bodily harm as | ||
described in Section 12-4.7 or subdivision (g)(1) of | ||
Section 12-3.05; | ||
(15) hate crime; | ||
(16) stalking; | ||
(17) aggravated stalking; | ||
(18) threatening public officials; | ||
(19) home invasion; | ||
(20) vehicular invasion; | ||
(21) criminal transmission of HIV; | ||
(22) criminal abuse or neglect of an elderly person or | ||
person with a disability as described in Section 12-21 or | ||
subsection (e) of Section 12-4.4a; | ||
(23) child abandonment; | ||
(24) endangering the life or health of a child; | ||
(25) ritual mutilation; | ||
(26) ritualized abuse of a child; | ||
(27) an offense in any other jurisdiction the elements | ||
of which are similar and bear a substantial relationship | ||
to any of the foregoing offenses. | ||
(b-1) In addition to the other provisions of this Section, | ||
beginning January 1, 2004, no new applicant and, on the date of | ||
licensure renewal, no current licensee may operate or receive |
a license from the Department to operate, no person may be | ||
employed by, and no adult person may reside in a child care | ||
facility licensed by the Department who has been convicted of | ||
committing or attempting to commit any of the following | ||
offenses or an offense in any other jurisdiction the elements | ||
of which are similar and bear a substantial relationship to | ||
any of the following offenses: | ||
(I) BODILY HARM | ||
(1) Felony aggravated assault. | ||
(2) Vehicular endangerment. | ||
(3) Felony domestic battery. | ||
(4) Aggravated battery. | ||
(5) Heinous battery. | ||
(6) Aggravated battery with a firearm. | ||
(7) Aggravated battery of an unborn child. | ||
(8) Aggravated battery of a senior citizen. | ||
(9) Intimidation. | ||
(10) Compelling organization membership of persons. | ||
(11) Abuse and criminal neglect of a long term care | ||
facility resident. | ||
(12) Felony violation of an order of protection. | ||
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY |
(1) Felony unlawful possession use of weapons. | ||
(2) Aggravated discharge of a firearm. | ||
(3) Reckless discharge of a firearm. | ||
(4) Unlawful use of metal piercing bullets. | ||
(5) Unlawful sale or delivery of firearms on the | ||
premises of any school. | ||
(6) Disarming a police officer. | ||
(7) Obstructing justice. | ||
(8) Concealing or aiding a fugitive. | ||
(9) Armed violence. | ||
(10) Felony contributing to the criminal delinquency | ||
of a juvenile. | ||
(III) DRUG OFFENSES | ||
(1) Possession of more than 30 grams of cannabis. | ||
(2) Manufacture of more than 10 grams of cannabis. | ||
(3) Cannabis trafficking. | ||
(4) Delivery of cannabis on school grounds. | ||
(5) Unauthorized production of more than 5 cannabis | ||
sativa plants. | ||
(6) Calculated criminal cannabis conspiracy. | ||
(7) Unauthorized manufacture or delivery of controlled | ||
substances. | ||
(8) Controlled substance trafficking. | ||
(9) Manufacture, distribution, or advertisement of |
look-alike substances. | ||
(10) Calculated criminal drug conspiracy. | ||
(11) Street gang criminal drug conspiracy. | ||
(12) Permitting unlawful use of a building. | ||
(13) Delivery of controlled, counterfeit, or | ||
look-alike substances to persons under age 18, or at truck | ||
stops, rest stops, or safety rest areas, or on school | ||
property. | ||
(14) Using, engaging, or employing persons under 18 to | ||
deliver controlled, counterfeit, or look-alike substances. | ||
(15) Delivery of controlled substances. | ||
(16) Sale or delivery of drug paraphernalia. | ||
(17) Felony possession, sale, or exchange of | ||
instruments adapted for use of a controlled substance, | ||
methamphetamine, or cannabis by subcutaneous injection. | ||
(18) Felony possession of a controlled substance. | ||
(19) Any violation of the Methamphetamine Control and | ||
Community Protection Act. | ||
(b-1.5) In addition to any other provision of this | ||
Section, for applicants with access to confidential financial | ||
information or who submit documentation to support billing, | ||
the Department may, in its discretion, deny or refuse to renew | ||
a license to an applicant who has been convicted of committing | ||
or attempting to commit any of the following felony offenses: | ||
(1) financial institution fraud under Section 17-10.6 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012; |
(2) identity theft under Section 16-30 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012; | ||
(3) financial exploitation of an elderly person or a | ||
person with a disability under Section 17-56 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(4) computer tampering under Section 17-51 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(5) aggravated computer tampering under Section 17-52 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012; | ||
(6) computer fraud under Section 17-50 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012; | ||
(7) deceptive practices under Section 17-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(8) forgery under Section 17-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012; | ||
(9) State benefits fraud under Section 17-6 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(10) mail fraud and wire fraud under Section 17-24 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012; | ||
(11) theft under paragraphs (1.1) through (11) of | ||
subsection (b) of Section 16-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012. | ||
(b-2) Notwithstanding subsection (b-1), the Department may | ||
make an exception and, for child care facilities other than | ||
foster family homes, issue a new child care facility license | ||
to or renew the existing child care facility license of an |
applicant, a person employed by a child care facility, or an | ||
applicant who has an adult residing in a home child care | ||
facility who was convicted of an offense described in | ||
subsection (b-1), provided that all of the following | ||
requirements are met: | ||
(1) The relevant criminal offense occurred more than 5 | ||
years prior to the date of application or renewal, except | ||
for drug offenses. The relevant drug offense must have | ||
occurred more than 10 years prior to the date of | ||
application or renewal, unless the applicant passed a drug | ||
test, arranged and paid for by the child care facility, no | ||
less than 5 years after the offense. | ||
(2) The Department must conduct a background check and | ||
assess all convictions and recommendations of the child | ||
care facility to determine if hiring or licensing the | ||
applicant is in accordance with Department administrative | ||
rules and procedures. | ||
(3) The applicant meets all other requirements and | ||
qualifications to be licensed as the pertinent type of | ||
child care facility under this Act and the Department's | ||
administrative rules. | ||
(c) In addition to the other provisions of this Section, | ||
no applicant may receive a license from the Department to | ||
operate a foster family home, and no adult person may reside in | ||
a foster family home licensed by the Department, who has been | ||
convicted of committing or attempting to commit any of the |
following offenses stipulated under the Criminal Code of 1961, | ||
the Criminal Code of 2012, the Cannabis Control Act, the | ||
Methamphetamine Control and Community Protection Act, and the | ||
Illinois Controlled Substances Act: | ||
(I) OFFENSES DIRECTED AGAINST THE PERSON | ||
(A) KIDNAPPING AND RELATED OFFENSES | ||
(1) Unlawful restraint. | ||
(B) BODILY HARM | ||
(2) Felony aggravated assault. | ||
(3) Vehicular endangerment. | ||
(4) Felony domestic battery. | ||
(5) Aggravated battery. | ||
(6) Heinous battery. | ||
(7) Aggravated battery with a firearm. | ||
(8) Aggravated battery of an unborn child. | ||
(9) Aggravated battery of a senior citizen. | ||
(10) Intimidation. | ||
(11) Compelling organization membership of persons. | ||
(12) Abuse and criminal neglect of a long term care | ||
facility resident. | ||
(13) Felony violation of an order of protection. | ||
(II) OFFENSES DIRECTED AGAINST PROPERTY |
(14) Felony theft. | ||
(15) Robbery. | ||
(16) Armed robbery. | ||
(17) Aggravated robbery. | ||
(18) Vehicular hijacking. | ||
(19) Aggravated vehicular hijacking. | ||
(20) Burglary. | ||
(21) Possession of burglary tools. | ||
(22) Residential burglary. | ||
(23) Criminal fortification of a residence or | ||
building. | ||
(24) Arson. | ||
(25) Aggravated arson. | ||
(26) Possession of explosive or explosive incendiary | ||
devices. | ||
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY | ||
(27) Felony unlawful possession use of weapons. | ||
(28) Aggravated discharge of a firearm. | ||
(29) Reckless discharge of a firearm. | ||
(30) Unlawful use of metal piercing bullets. | ||
(31) Unlawful sale or delivery of firearms on the | ||
premises of any school. | ||
(32) Disarming a police officer. |
(33) Obstructing justice. | ||
(34) Concealing or aiding a fugitive. | ||
(35) Armed violence. | ||
(36) Felony contributing to the criminal delinquency | ||
of a juvenile. | ||
(IV) DRUG OFFENSES | ||
(37) Possession of more than 30 grams of cannabis. | ||
(38) Manufacture of more than 10 grams of cannabis. | ||
(39) Cannabis trafficking. | ||
(40) Delivery of cannabis on school grounds. | ||
(41) Unauthorized production of more than 5 cannabis | ||
sativa plants. | ||
(42) Calculated criminal cannabis conspiracy. | ||
(43) Unauthorized manufacture or delivery of | ||
controlled substances. | ||
(44) Controlled substance trafficking. | ||
(45) Manufacture, distribution, or advertisement of | ||
look-alike substances. | ||
(46) Calculated criminal drug conspiracy. | ||
(46.5) Streetgang criminal drug conspiracy. | ||
(47) Permitting unlawful use of a building. | ||
(48) Delivery of controlled, counterfeit, or | ||
look-alike substances to persons under age 18, or at truck | ||
stops, rest stops, or safety rest areas, or on school |
property. | ||
(49) Using, engaging, or employing persons under 18 to | ||
deliver controlled, counterfeit, or look-alike substances. | ||
(50) Delivery of controlled substances. | ||
(51) Sale or delivery of drug paraphernalia. | ||
(52) Felony possession, sale, or exchange of | ||
instruments adapted for use of a controlled substance, | ||
methamphetamine, or cannabis by subcutaneous injection. | ||
(53) Any violation of the Methamphetamine Control and | ||
Community Protection Act. | ||
(d) Notwithstanding subsection (c), the Department may | ||
make an exception and issue a new foster family home license or | ||
may renew an existing foster family home license of an | ||
applicant who was convicted of an offense described in | ||
subsection (c), provided all of the following requirements are | ||
met: | ||
(1) The relevant criminal offense or offenses occurred | ||
more than 10 years prior to the date of application or | ||
renewal. | ||
(2) The applicant had previously disclosed the | ||
conviction or convictions to the Department for purposes | ||
of a background check. | ||
(3) After the disclosure, the Department either placed | ||
a child in the home or the foster family home license was | ||
issued. | ||
(4) During the background check, the Department had |
assessed and waived the conviction in compliance with the | ||
existing statutes and rules in effect at the time of the | ||
hire or licensure. | ||
(5) The applicant meets all other requirements and | ||
qualifications to be licensed as a foster family home | ||
under this Act and the Department's administrative rules. | ||
(6) The applicant has a history of providing a safe, | ||
stable home environment and appears able to continue to | ||
provide a safe, stable home environment. | ||
(e) In evaluating the exception pursuant to subsections | ||
(b-2) and (d), the Department must carefully review any | ||
relevant documents to determine whether the applicant, despite | ||
the disqualifying convictions, poses a substantial risk to | ||
State resources or clients. In making such a determination, | ||
the following guidelines shall be used: | ||
(1) the age of the applicant when the offense was | ||
committed; | ||
(2) the circumstances surrounding the offense; | ||
(3) the length of time since the conviction; | ||
(4) the specific duties and responsibilities | ||
necessarily related to the license being applied for and | ||
the bearing, if any, that the applicant's conviction | ||
history may have on the applicant's fitness to perform | ||
these duties and responsibilities; | ||
(5) the applicant's employment references; | ||
(6) the applicant's character references and any |
certificates of achievement; | ||
(7) an academic transcript showing educational | ||
attainment since the disqualifying conviction; | ||
(8) a Certificate of Relief from Disabilities or | ||
Certificate of Good Conduct; and | ||
(9) anything else that speaks to the applicant's | ||
character. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 6-206 as follows: | ||
(625 ILCS 5/6-206) | ||
Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or permit; right to a hearing. | ||
(a) The Secretary of State is authorized to suspend or | ||
revoke the driving privileges of any person without | ||
preliminary hearing upon a showing of the person's records or | ||
other sufficient evidence that the person: | ||
1. Has committed an offense for which mandatory | ||
revocation of a driver's license or permit is required | ||
upon conviction; | ||
2. Has been convicted of not less than 3 offenses | ||
against traffic regulations governing the movement of | ||
vehicles committed within any 12-month period. No | ||
revocation or suspension shall be entered more than 6 |
months after the date of last conviction; | ||
3. Has been repeatedly involved as a driver in motor | ||
vehicle collisions or has been repeatedly convicted of | ||
offenses against laws and ordinances regulating the | ||
movement of traffic, to a degree that indicates lack of | ||
ability to exercise ordinary and reasonable care in the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws and the safety of other persons upon the | ||
highway; | ||
4. Has by the unlawful operation of a motor vehicle | ||
caused or contributed to a crash resulting in injury | ||
requiring immediate professional treatment in a medical | ||
facility or doctor's office to any person, except that any | ||
suspension or revocation imposed by the Secretary of State | ||
under the provisions of this subsection shall start no | ||
later than 6 months after being convicted of violating a | ||
law or ordinance regulating the movement of traffic, which | ||
violation is related to the crash, or shall start not more | ||
than one year after the date of the crash, whichever date | ||
occurs later; | ||
5. Has permitted an unlawful or fraudulent use of a | ||
driver's license, identification card, or permit; | ||
6. Has been lawfully convicted of an offense or | ||
offenses in another state, including the authorization | ||
contained in Section 6-203.1, which if committed within | ||
this State would be grounds for suspension or revocation; |
7. Has refused or failed to submit to an examination | ||
provided for by Section 6-207 or has failed to pass the | ||
examination; | ||
8. Is ineligible for a driver's license or permit | ||
under the provisions of Section 6-103; | ||
9. Has made a false statement or knowingly concealed a | ||
material fact or has used false information or | ||
identification in any application for a license, | ||
identification card, or permit; | ||
10. Has possessed, displayed, or attempted to | ||
fraudulently use any license, identification card, or | ||
permit not issued to the person; | ||
11. Has operated a motor vehicle upon a highway of | ||
this State when the person's driving privilege or | ||
privilege to obtain a driver's license or permit was | ||
revoked or suspended unless the operation was authorized | ||
by a monitoring device driving permit, judicial driving | ||
permit issued prior to January 1, 2009, probationary | ||
license to drive, or restricted driving permit issued | ||
under this Code; | ||
12. Has submitted to any portion of the application | ||
process for another person or has obtained the services of | ||
another person to submit to any portion of the application | ||
process for the purpose of obtaining a license, | ||
identification card, or permit for some other person; | ||
13. Has operated a motor vehicle upon a highway of |
this State when the person's driver's license or permit | ||
was invalid under the provisions of Sections 6-107.1 and | ||
6-110; | ||
14. Has committed a violation of Section 6-301, | ||
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or | ||
14B of the Illinois Identification Card Act or a similar | ||
offense in another state if, at the time of the offense, | ||
the person held an Illinois driver's license or | ||
identification card; | ||
15. Has been convicted of violating Section 21-2 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 | ||
relating to criminal trespass to vehicles if the person | ||
exercised actual physical control over the vehicle during | ||
the commission of the offense, in which case the | ||
suspension shall be for one year; | ||
16. Has been convicted of violating Section 11-204 of | ||
this Code relating to fleeing from a peace officer; | ||
17. Has refused to submit to a test, or tests, as | ||
required under Section 11-501.1 of this Code and the | ||
person has not sought a hearing as provided for in Section | ||
11-501.1; | ||
18. (Blank); | ||
19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101 relating to driving without a driver's | ||
license; | ||
20. Has been convicted of violating Section 6-104 |
relating to classification of driver's license; | ||
21. Has been convicted of violating Section 11-402 of | ||
this Code relating to leaving the scene of a crash | ||
resulting in damage to a vehicle in excess of $1,000, in | ||
which case the suspension shall be for one year; | ||
22. Has used a motor vehicle in violating paragraph | ||
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 | ||
relating to unlawful possession use of weapons, in which | ||
case the suspension shall be for one year; | ||
23. Has, as a driver, been convicted of committing a | ||
violation of paragraph (a) of Section 11-502 of this Code | ||
for a second or subsequent time within one year of a | ||
similar violation; | ||
24. Has been convicted by a court-martial or punished | ||
by non-judicial punishment by military authorities of the | ||
United States at a military installation in Illinois or in | ||
another state of or for a traffic-related offense that is | ||
the same as or similar to an offense specified under | ||
Section 6-205 or 6-206 of this Code; | ||
25. Has permitted any form of identification to be | ||
used by another in the application process in order to | ||
obtain or attempt to obtain a license, identification | ||
card, or permit; | ||
26. Has altered or attempted to alter a license or has | ||
possessed an altered license, identification card, or |
permit; | ||
27. (Blank); | ||
28. Has been convicted for a first time of the illegal | ||
possession, while operating or in actual physical control, | ||
as a driver, of a motor vehicle, of any controlled | ||
substance prohibited under the Illinois Controlled | ||
Substances Act, any cannabis prohibited under the Cannabis | ||
Control Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act, in | ||
which case the person's driving privileges shall be | ||
suspended for one year. Any defendant found guilty of this | ||
offense while operating a motor vehicle shall have an | ||
entry made in the court record by the presiding judge that | ||
this offense did occur while the defendant was operating a | ||
motor vehicle and order the clerk of the court to report | ||
the violation to the Secretary of State; | ||
29. Has been convicted of the following offenses that | ||
were committed while the person was operating or in actual | ||
physical control, as a driver, of a motor vehicle: | ||
criminal sexual assault, predatory criminal sexual assault | ||
of a child, aggravated criminal sexual assault, criminal | ||
sexual abuse, aggravated criminal sexual abuse, juvenile | ||
pimping, soliciting for a juvenile prostitute, promoting | ||
juvenile prostitution as described in subdivision (a)(1), | ||
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, and the manufacture, |
sale or delivery of controlled substances or instruments | ||
used for illegal drug use or abuse in which case the | ||
driver's driving privileges shall be suspended for one | ||
year; | ||
30. Has been convicted a second or subsequent time for | ||
any combination of the offenses named in paragraph 29 of | ||
this subsection, in which case the person's driving | ||
privileges shall be suspended for 5 years; | ||
31. Has refused to submit to a test as required by | ||
Section 11-501.6 of this Code or Section 5-16c of the Boat | ||
Registration and Safety Act or has submitted to a test | ||
resulting in an alcohol concentration of 0.08 or more or | ||
any amount of a drug, substance, or compound resulting | ||
from the unlawful use or consumption of cannabis as listed | ||
in the Cannabis Control Act, a controlled substance as | ||
listed in the Illinois Controlled Substances Act, an | ||
intoxicating compound as listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, in | ||
which case the penalty shall be as prescribed in Section | ||
6-208.1; | ||
32. Has been convicted of Section 24-1.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
relating to the aggravated discharge of a firearm if the | ||
offender was located in a motor vehicle at the time the | ||
firearm was discharged, in which case the suspension shall |
be for 3 years; | ||
33. Has as a driver, who was less than 21 years of age | ||
on the date of the offense, been convicted a first time of | ||
a violation of paragraph (a) of Section 11-502 of this | ||
Code or a similar provision of a local ordinance; | ||
34. Has committed a violation of Section 11-1301.5 of | ||
this Code or a similar provision of a local ordinance; | ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code or a similar provision of a local ordinance; | ||
36. Is under the age of 21 years at the time of arrest | ||
and has been convicted of not less than 2 offenses against | ||
traffic regulations governing the movement of vehicles | ||
committed within any 24-month period. No revocation or | ||
suspension shall be entered more than 6 months after the | ||
date of last conviction; | ||
37. Has committed a violation of subsection (c) of | ||
Section 11-907 of this Code that resulted in damage to the | ||
property of another or the death or injury of another; | ||
38. Has been convicted of a violation of Section 6-20 | ||
of the Liquor Control Act of 1934 or a similar provision of | ||
a local ordinance and the person was an occupant of a motor | ||
vehicle at the time of the violation; | ||
39. Has committed a second or subsequent violation of | ||
Section 11-1201 of this Code; | ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of this Code; |
41. Has committed a second or subsequent violation of | ||
Section 11-605.1 of this Code, a similar provision of a | ||
local ordinance, or a similar violation in any other state | ||
within 2 years of the date of the previous violation, in | ||
which case the suspension shall be for 90 days; | ||
42. Has committed a violation of subsection (a-1) of | ||
Section 11-1301.3 of this Code or a similar provision of a | ||
local ordinance; | ||
43. Has received a disposition of court supervision | ||
for a violation of subsection (a), (d), or (e) of Section | ||
6-20 of the Liquor Control Act of 1934 or a similar | ||
provision of a local ordinance and the person was an | ||
occupant of a motor vehicle at the time of the violation, | ||
in which case the suspension shall be for a period of 3 | ||
months; | ||
44. Is under the age of 21 years at the time of arrest | ||
and has been convicted of an offense against traffic | ||
regulations governing the movement of vehicles after | ||
having previously had his or her driving privileges | ||
suspended or revoked pursuant to subparagraph 36 of this | ||
Section; | ||
45. Has, in connection with or during the course of a | ||
formal hearing conducted under Section 2-118 of this Code: | ||
(i) committed perjury; (ii) submitted fraudulent or | ||
falsified documents; (iii) submitted documents that have | ||
been materially altered; or (iv) submitted, as his or her |
own, documents that were in fact prepared or composed for | ||
another person; | ||
46. Has committed a violation of subsection (j) of | ||
Section 3-413 of this Code; | ||
47. Has committed a violation of subsection (a) of | ||
Section 11-502.1 of this Code; | ||
48. Has submitted a falsified or altered medical | ||
examiner's certificate to the Secretary of State or | ||
provided false information to obtain a medical examiner's | ||
certificate; | ||
49. Has been convicted of a violation of Section | ||
11-1002 or 11-1002.5 that resulted in a Type A injury to | ||
another, in which case the driving privileges of the | ||
person shall be suspended for 12 months; | ||
50. Has committed a violation of subsection (b-5) of | ||
Section 12-610.2 that resulted in great bodily harm, | ||
permanent disability, or disfigurement, in which case the | ||
driving privileges of the person shall be suspended for 12 | ||
months; | ||
51. Has committed a violation of Section 10-15 Of the | ||
Cannabis Regulation and Tax Act or a similar provision of | ||
a local ordinance while in a motor vehicle; or | ||
52. Has committed a violation of subsection (b) of | ||
Section 10-20 of the Cannabis Regulation and Tax Act or a | ||
similar provision of a local ordinance. | ||
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
and 27 of this subsection, license means any driver's license, | ||
any traffic ticket issued when the person's driver's license | ||
is deposited in lieu of bail, a suspension notice issued by the | ||
Secretary of State, a duplicate or corrected driver's license, | ||
a probationary driver's license, or a temporary driver's | ||
license. | ||
(b) If any conviction forming the basis of a suspension or | ||
revocation authorized under this Section is appealed, the | ||
Secretary of State may rescind or withhold the entry of the | ||
order of suspension or revocation, as the case may be, | ||
provided that a certified copy of a stay order of a court is | ||
filed with the Secretary of State. If the conviction is | ||
affirmed on appeal, the date of the conviction shall relate | ||
back to the time the original judgment of conviction was | ||
entered and the 6-month limitation prescribed shall not apply. | ||
(c) 1. Upon suspending or revoking the driver's license or | ||
permit of any person as authorized in this Section, the | ||
Secretary of State shall immediately notify the person in | ||
writing of the revocation or suspension. The notice to be | ||
deposited in the United States mail, postage prepaid, to the | ||
last known address of the person. | ||
2. If the Secretary of State suspends the driver's license | ||
of a person under subsection 2 of paragraph (a) of this | ||
Section, a person's privilege to operate a vehicle as an | ||
occupation shall not be suspended, provided an affidavit is | ||
properly completed, the appropriate fee received, and a permit |
issued prior to the effective date of the suspension, unless 5 | ||
offenses were committed, at least 2 of which occurred while | ||
operating a commercial vehicle in connection with the driver's | ||
regular occupation. All other driving privileges shall be | ||
suspended by the Secretary of State. Any driver prior to | ||
operating a vehicle for occupational purposes only must submit | ||
the affidavit on forms to be provided by the Secretary of State | ||
setting forth the facts of the person's occupation. The | ||
affidavit shall also state the number of offenses committed | ||
while operating a vehicle in connection with the driver's | ||
regular occupation. The affidavit shall be accompanied by the | ||
driver's license. Upon receipt of a properly completed | ||
affidavit, the Secretary of State shall issue the driver a | ||
permit to operate a vehicle in connection with the driver's | ||
regular occupation only. Unless the permit is issued by the | ||
Secretary of State prior to the date of suspension, the | ||
privilege to drive any motor vehicle shall be suspended as set | ||
forth in the notice that was mailed under this Section. If an | ||
affidavit is received subsequent to the effective date of this | ||
suspension, a permit may be issued for the remainder of the | ||
suspension period. | ||
The provisions of this subparagraph shall not apply to any | ||
driver required to possess a CDL for the purpose of operating a | ||
commercial motor vehicle. | ||
Any person who falsely states any fact in the affidavit | ||
required herein shall be guilty of perjury under Section 6-302 |
and upon conviction thereof shall have all driving privileges | ||
revoked without further rights. | ||
3. At the conclusion of a hearing under Section 2-118 of | ||
this Code, the Secretary of State shall either rescind or | ||
continue an order of revocation or shall substitute an order | ||
of suspension; or, good cause appearing therefor, rescind, | ||
continue, change, or extend the order of suspension. If the | ||
Secretary of State does not rescind the order, the Secretary | ||
may upon application, to relieve undue hardship (as defined by | ||
the rules of the Secretary of State), issue a restricted | ||
driving permit granting the privilege of driving a motor | ||
vehicle between the petitioner's residence and petitioner's | ||
place of employment or within the scope of the petitioner's | ||
employment-related duties, or to allow the petitioner to | ||
transport himself or herself, or a family member of the | ||
petitioner's household to a medical facility, to receive | ||
necessary medical care, to allow the petitioner to transport | ||
himself or herself to and from alcohol or drug remedial or | ||
rehabilitative activity recommended by a licensed service | ||
provider, or to allow the petitioner to transport himself or | ||
herself or a family member of the petitioner's household to | ||
classes, as a student, at an accredited educational | ||
institution, or to allow the petitioner to transport children, | ||
elderly persons, or persons with disabilities who do not hold | ||
driving privileges and are living in the petitioner's | ||
household to and from daycare. The petitioner must demonstrate |
that no alternative means of transportation is reasonably | ||
available and that the petitioner will not endanger the public | ||
safety or welfare. | ||
(A) If a person's license or permit is revoked or | ||
suspended due to 2 or more convictions of violating | ||
Section 11-501 of this Code or a similar provision of a | ||
local ordinance or a similar out-of-state offense, or | ||
Section 9-3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, where the use of alcohol or other drugs is | ||
recited as an element of the offense, or a similar | ||
out-of-state offense, or a combination of these offenses, | ||
arising out of separate occurrences, that person, if | ||
issued a restricted driving permit, may not operate a | ||
vehicle unless it has been equipped with an ignition | ||
interlock device as defined in Section 1-129.1. | ||
(B) If a person's license or permit is revoked or | ||
suspended 2 or more times due to any combination of: | ||
(i) a single conviction of violating Section | ||
11-501 of this Code or a similar provision of a local | ||
ordinance or a similar out-of-state offense or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, where the use of alcohol or other drugs is | ||
recited as an element of the offense, or a similar | ||
out-of-state offense; or | ||
(ii) a statutory summary suspension or revocation | ||
under Section 11-501.1; or |
(iii) a suspension under Section 6-203.1; | ||
arising out of separate occurrences; that person, if | ||
issued a restricted driving permit, may not operate a | ||
vehicle unless it has been equipped with an ignition | ||
interlock device as defined in Section 1-129.1. | ||
(B-5) If a person's license or permit is revoked or | ||
suspended due to a conviction for a violation of | ||
subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||
of Section 11-501 of this Code, or a similar provision of a | ||
local ordinance or similar out-of-state offense, that | ||
person, if issued a restricted driving permit, may not | ||
operate a vehicle unless it has been equipped with an | ||
ignition interlock device as defined in Section 1-129.1. | ||
(C) The person issued a permit conditioned upon the | ||
use of an ignition interlock device must pay to the | ||
Secretary of State DUI Administration Fund an amount not | ||
to exceed $30 per month. The Secretary shall establish by | ||
rule the amount and the procedures, terms, and conditions | ||
relating to these fees. | ||
(D) If the restricted driving permit is issued for | ||
employment purposes, then the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle owned or leased by that | ||
person's employer when used solely for employment | ||
purposes. For any person who, within a 5-year period, is |
convicted of a second or subsequent offense under Section | ||
11-501 of this Code, or a similar provision of a local | ||
ordinance or similar out-of-state offense, this employment | ||
exemption does not apply until either a one-year period | ||
has elapsed during which that person had his or her | ||
driving privileges revoked or a one-year period has | ||
elapsed during which that person had a restricted driving | ||
permit which required the use of an ignition interlock | ||
device on every motor vehicle owned or operated by that | ||
person. | ||
(E) In each case the Secretary may issue a restricted | ||
driving permit for a period deemed appropriate, except | ||
that all permits shall expire no later than 2 years from | ||
the date of issuance. A restricted driving permit issued | ||
under this Section shall be subject to cancellation, | ||
revocation, and suspension by the Secretary of State in | ||
like manner and for like cause as a driver's license | ||
issued under this Code may be cancelled, revoked, or | ||
suspended; except that a conviction upon one or more | ||
offenses against laws or ordinances regulating the | ||
movement of traffic shall be deemed sufficient cause for | ||
the revocation, suspension, or cancellation of a | ||
restricted driving permit. The Secretary of State may, as | ||
a condition to the issuance of a restricted driving | ||
permit, require the applicant to participate in a | ||
designated driver remedial or rehabilitative program. The |
Secretary of State is authorized to cancel a restricted | ||
driving permit if the permit holder does not successfully | ||
complete the program. | ||
(F) A person subject to the provisions of paragraph 4 | ||
of subsection (b) of Section 6-208 of this Code may make | ||
application for a restricted driving permit at a hearing | ||
conducted under Section 2-118 of this Code after the | ||
expiration of 5 years from the effective date of the most | ||
recent revocation or after 5 years from the date of | ||
release from a period of imprisonment resulting from a | ||
conviction of the most recent offense, whichever is later, | ||
provided the person, in addition to all other requirements | ||
of the Secretary, shows by clear and convincing evidence: | ||
(i) a minimum of 3 years of uninterrupted | ||
abstinence from alcohol and the unlawful use or | ||
consumption of cannabis under the Cannabis Control | ||
Act, a controlled substance under the Illinois | ||
Controlled Substances Act, an intoxicating compound | ||
under the Use of Intoxicating Compounds Act, or | ||
methamphetamine under the Methamphetamine Control and | ||
Community Protection Act; and | ||
(ii) the successful completion of any | ||
rehabilitative treatment and involvement in any | ||
ongoing rehabilitative activity that may be | ||
recommended by a properly licensed service provider | ||
according to an assessment of the person's alcohol or |
drug use under Section 11-501.01 of this Code. | ||
In determining whether an applicant is eligible for a | ||
restricted driving permit under this subparagraph (F), the | ||
Secretary may consider any relevant evidence, including, | ||
but not limited to, testimony, affidavits, records, and | ||
the results of regular alcohol or drug tests. Persons | ||
subject to the provisions of paragraph 4 of subsection (b) | ||
of Section 6-208 of this Code and who have been convicted | ||
of more than one violation of paragraph (3), paragraph | ||
(4), or paragraph (5) of subsection (a) of Section 11-501 | ||
of this Code shall not be eligible to apply for a | ||
restricted driving permit under this subparagraph (F). | ||
A restricted driving permit issued under this | ||
subparagraph (F) shall provide that the holder may only | ||
operate motor vehicles equipped with an ignition interlock | ||
device as required under paragraph (2) of subsection (c) | ||
of Section 6-205 of this Code and subparagraph (A) of | ||
paragraph 3 of subsection (c) of this Section. The | ||
Secretary may revoke a restricted driving permit or amend | ||
the conditions of a restricted driving permit issued under | ||
this subparagraph (F) if the holder operates a vehicle | ||
that is not equipped with an ignition interlock device, or | ||
for any other reason authorized under this Code. | ||
A restricted driving permit issued under this | ||
subparagraph (F) shall be revoked, and the holder barred | ||
from applying for or being issued a restricted driving |
permit in the future, if the holder is convicted of a | ||
violation of Section 11-501 of this Code, a similar | ||
provision of a local ordinance, or a similar offense in | ||
another state. | ||
(c-3) In the case of a suspension under paragraph 43 of | ||
subsection (a), reports received by the Secretary of State | ||
under this Section shall, except during the actual time the | ||
suspension is in effect, be privileged information and for use | ||
only by the courts, police officers, prosecuting authorities, | ||
the driver licensing administrator of any other state, the | ||
Secretary of State, or the parent or legal guardian of a driver | ||
under the age of 18. However, beginning January 1, 2008, if the | ||
person is a CDL holder, the suspension shall also be made | ||
available to the driver licensing administrator of any other | ||
state, the U.S. Department of Transportation, and the affected | ||
driver or motor carrier or prospective motor carrier upon | ||
request. | ||
(c-4) In the case of a suspension under paragraph 43 of | ||
subsection (a), the Secretary of State shall notify the person | ||
by mail that his or her driving privileges and driver's | ||
license will be suspended one month after the date of the | ||
mailing of the notice. | ||
(c-5) The Secretary of State may, as a condition of the | ||
reissuance of a driver's license or permit to an applicant | ||
whose driver's license or permit has been suspended before he | ||
or she reached the age of 21 years pursuant to any of the |
provisions of this Section, require the applicant to | ||
participate in a driver remedial education course and be | ||
retested under Section 6-109 of this Code. | ||
(d) This Section is subject to the provisions of the | ||
Driver License Compact. | ||
(e) The Secretary of State shall not issue a restricted | ||
driving permit to a person under the age of 16 years whose | ||
driving privileges have been suspended or revoked under any | ||
provisions of this Code. | ||
(f) In accordance with 49 CFR 384, the Secretary of State | ||
may not issue a restricted driving permit for the operation of | ||
a commercial motor vehicle to a person holding a CDL whose | ||
driving privileges have been suspended, revoked, cancelled, or | ||
disqualified under any provisions of this Code. | ||
(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; | ||
102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. | ||
7-1-23; 103-154, eff. 6-30-23.) | ||
Section 15. The Juvenile Court Act of 1987 is amended by | ||
changing Section 1-7 as follows: | ||
(705 ILCS 405/1-7) | ||
Sec. 1-7. Confidentiality of juvenile law enforcement and | ||
municipal ordinance violation records. | ||
(A) All juvenile law enforcement records which have not | ||
been expunged are confidential and may never be disclosed to |
the general public or otherwise made widely available. | ||
Juvenile law enforcement records may be obtained only under | ||
this Section and Section 1-8 and Part 9 of Article V of this | ||
Act, when their use is needed for good cause and with an order | ||
from the juvenile court, as required by those not authorized | ||
to retain them. Inspection, copying, and disclosure of | ||
juvenile law enforcement records maintained by law enforcement | ||
agencies or records of municipal ordinance violations | ||
maintained by any State, local, or municipal agency that | ||
relate to a minor who has been investigated, arrested, or | ||
taken into custody before the minor's 18th birthday shall be | ||
restricted to the following: | ||
(0.05) The minor who is the subject of the juvenile | ||
law enforcement record, the minor's parents, guardian, and | ||
counsel. | ||
(0.10) Judges of the circuit court and members of the | ||
staff of the court designated by the judge. | ||
(0.15) An administrative adjudication hearing officer | ||
or members of the staff designated to assist in the | ||
administrative adjudication process. | ||
(1) Any local, State, or federal law enforcement | ||
officers or designated law enforcement staff of any | ||
jurisdiction or agency when necessary for the discharge of | ||
their official duties during the investigation or | ||
prosecution of a crime or relating to a minor who has been | ||
adjudicated delinquent and there has been a previous |
finding that the act which constitutes the previous | ||
offense was committed in furtherance of criminal | ||
activities by a criminal street gang, or, when necessary | ||
for the discharge of its official duties in connection | ||
with a particular investigation of the conduct of a law | ||
enforcement officer, an independent agency or its staff | ||
created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of | ||
law enforcement officers. For purposes of this Section, | ||
"criminal street gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act. | ||
(2) Prosecutors, public defenders, probation officers, | ||
social workers, or other individuals assigned by the court | ||
to conduct a pre-adjudication or pre-disposition | ||
investigation, and individuals responsible for supervising | ||
or providing temporary or permanent care and custody for | ||
minors under the order of the juvenile court, when | ||
essential to performing their responsibilities. | ||
(3) Federal, State, or local prosecutors, public | ||
defenders, probation officers, and designated staff: | ||
(a) in the course of a trial when institution of | ||
criminal proceedings has been permitted or required | ||
under Section 5-805; | ||
(b) when institution of criminal proceedings has | ||
been permitted or required under Section 5-805 and the |
minor is the subject of a proceeding to determine the | ||
conditions of pretrial release; | ||
(c) when criminal proceedings have been permitted | ||
or required under Section 5-805 and the minor is the | ||
subject of a pre-trial investigation, pre-sentence | ||
investigation, fitness hearing, or proceedings on an | ||
application for probation; or | ||
(d) in the course of prosecution or administrative | ||
adjudication of a violation of a traffic, boating, or | ||
fish and game law, or a county or municipal ordinance. | ||
(4) Adult and Juvenile Prisoner Review Board. | ||
(5) Authorized military personnel. | ||
(5.5) Employees of the federal government authorized | ||
by law. | ||
(6) Persons engaged in bona fide research, with the | ||
permission of the Presiding Judge and the chief executive | ||
of the respective law enforcement agency; provided that | ||
publication of such research results in no disclosure of a | ||
minor's identity and protects the confidentiality of the | ||
minor's record. | ||
(7) Department of Children and Family Services child | ||
protection investigators acting in their official | ||
capacity. | ||
(8) The appropriate school official only if the agency | ||
or officer believes that there is an imminent threat of | ||
physical harm to students, school personnel, or others. |
(A) Inspection and copying shall be limited to | ||
juvenile law enforcement records transmitted to the | ||
appropriate school official or officials whom the | ||
school has determined to have a legitimate educational | ||
or safety interest by a local law enforcement agency | ||
under a reciprocal reporting system established and | ||
maintained between the school district and the local | ||
law enforcement agency under Section 10-20.14 of the | ||
School Code concerning a minor enrolled in a school | ||
within the school district who has been arrested or | ||
taken into custody for any of the following offenses: | ||
(i) any violation of Article 24 of the | ||
Criminal Code of 1961 or the Criminal Code of | ||
2012; | ||
(ii) a violation of the Illinois Controlled | ||
Substances Act; | ||
(iii) a violation of the Cannabis Control Act; | ||
(iv) a forcible felony as defined in Section | ||
2-8 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012; | ||
(v) a violation of the Methamphetamine Control | ||
and Community Protection Act; | ||
(vi) a violation of Section 1-2 of the | ||
Harassing and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, |
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||
Criminal Code of 1961 or the Criminal Code of | ||
2012. | ||
The information derived from the juvenile law | ||
enforcement records shall be kept separate from and | ||
shall not become a part of the official school record | ||
of that child and shall not be a public record. The | ||
information shall be used solely by the appropriate | ||
school official or officials whom the school has | ||
determined to have a legitimate educational or safety | ||
interest to aid in the proper rehabilitation of the | ||
child and to protect the safety of students and | ||
employees in the school. If the designated law | ||
enforcement and school officials deem it to be in the | ||
best interest of the minor, the student may be | ||
referred to in-school or community-based social | ||
services if those services are available. | ||
"Rehabilitation services" may include interventions by | ||
school support personnel, evaluation for eligibility | ||
for special education, referrals to community-based | ||
agencies such as youth services, behavioral healthcare | ||
service providers, drug and alcohol prevention or | ||
treatment programs, and other interventions as deemed | ||
appropriate for the student. | ||
(B) Any information provided to appropriate school |
officials whom the school has determined to have a | ||
legitimate educational or safety interest by local law | ||
enforcement officials about a minor who is the subject | ||
of a current police investigation that is directly | ||
related to school safety shall consist of oral | ||
information only, and not written juvenile law | ||
enforcement records, and shall be used solely by the | ||
appropriate school official or officials to protect | ||
the safety of students and employees in the school and | ||
aid in the proper rehabilitation of the child. The | ||
information derived orally from the local law | ||
enforcement officials shall be kept separate from and | ||
shall not become a part of the official school record | ||
of the child and shall not be a public record. This | ||
limitation on the use of information about a minor who | ||
is the subject of a current police investigation shall | ||
in no way limit the use of this information by | ||
prosecutors in pursuing criminal charges arising out | ||
of the information disclosed during a police | ||
investigation of the minor. For purposes of this | ||
paragraph, "investigation" means an official | ||
systematic inquiry by a law enforcement agency into | ||
actual or suspected criminal activity. | ||
(9) Mental health professionals on behalf of the | ||
Department of Corrections or the Department of Human | ||
Services or prosecutors who are evaluating, prosecuting, |
or investigating a potential or actual petition brought | ||
under the Sexually Violent Persons Commitment Act relating | ||
to a person who is the subject of juvenile law enforcement | ||
records or the respondent to a petition brought under the | ||
Sexually Violent Persons Commitment Act who is the subject | ||
of the juvenile law enforcement records sought. Any | ||
juvenile law enforcement records and any information | ||
obtained from those juvenile law enforcement records under | ||
this paragraph (9) may be used only in sexually violent | ||
persons commitment proceedings. | ||
(10) The president of a park district. Inspection and | ||
copying shall be limited to juvenile law enforcement | ||
records transmitted to the president of the park district | ||
by the Illinois State Police under Section 8-23 of the | ||
Park District Code or Section 16a-5 of the Chicago Park | ||
District Act concerning a person who is seeking employment | ||
with that park district and who has been adjudicated a | ||
juvenile delinquent for any of the offenses listed in | ||
subsection (c) of Section 8-23 of the Park District Code | ||
or subsection (c) of Section 16a-5 of the Chicago Park | ||
District Act. | ||
(11) Persons managing and designated to participate in | ||
a court diversion program as designated in subsection (6) | ||
of Section 5-105. | ||
(12) The Public Access Counselor of the Office of the | ||
Attorney General, when reviewing juvenile law enforcement |
records under its powers and duties under the Freedom of | ||
Information Act. | ||
(13) Collection agencies, contracted or otherwise | ||
engaged by a governmental entity, to collect any debts due | ||
and owing to the governmental entity. | ||
(B)(1) Except as provided in paragraph (2), no law | ||
enforcement officer or other person or agency may knowingly | ||
transmit to the Department of Corrections, the Illinois State | ||
Police, or the Federal Bureau of Investigation any fingerprint | ||
or photograph relating to a minor who has been arrested or | ||
taken into custody before the minor's 18th birthday, unless | ||
the court in proceedings under this Act authorizes the | ||
transmission or enters an order under Section 5-805 permitting | ||
or requiring the institution of criminal proceedings. | ||
(2) Law enforcement officers or other persons or agencies | ||
shall transmit to the Illinois State Police copies of | ||
fingerprints and descriptions of all minors who have been | ||
arrested or taken into custody before their 18th birthday for | ||
the offense of unlawful possession use of weapons under | ||
Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, a Class X or Class 1 felony, a forcible felony as defined | ||
in Section 2-8 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a Class 2 or greater felony under the Cannabis | ||
Control Act, the Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, or | ||
Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 |
of the Criminal Identification Act. Information reported to | ||
the Department pursuant to this Section may be maintained with | ||
records that the Department files pursuant to Section 2.1 of | ||
the Criminal Identification Act. Nothing in this Act prohibits | ||
a law enforcement agency from fingerprinting a minor taken | ||
into custody or arrested before the minor's 18th birthday for | ||
an offense other than those listed in this paragraph (2). | ||
(C) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, concerning all minors under 18 | ||
years of age must be maintained separate from the records of | ||
arrests and may not be open to public inspection or their | ||
contents disclosed to the public. For purposes of obtaining | ||
documents under this Section, a civil subpoena is not an order | ||
of the court. | ||
(1) In cases where the law enforcement, or independent | ||
agency, records concern a pending juvenile court case, the | ||
party seeking to inspect the records shall provide actual | ||
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(2) In cases where the records concern a juvenile | ||
court case that is no longer pending, the party seeking to | ||
inspect the records shall provide actual notice to the | ||
minor or the minor's parent or legal guardian, and the | ||
matter shall be referred to the chief judge presiding over |
matters pursuant to this Act. | ||
(3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. Any records obtained in violation of this | ||
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office or securing employment, | ||
or operate as a forfeiture of any public benefit, right, | ||
privilege, or right to receive any license granted by | ||
public authority. | ||
(D) Nothing contained in subsection (C) of this Section | ||
shall prohibit the inspection or disclosure to victims and | ||
witnesses of photographs contained in the records of law | ||
enforcement agencies when the inspection and disclosure is | ||
conducted in the presence of a law enforcement officer for the | ||
purpose of the identification or apprehension of any person | ||
subject to the provisions of this Act or for the investigation | ||
or prosecution of any crime. | ||
(E) Law enforcement officers, and personnel of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, may not disclose the identity of | ||
any minor in releasing information to the general public as to | ||
the arrest, investigation or disposition of any case involving |
a minor. | ||
(F) Nothing contained in this Section shall prohibit law | ||
enforcement agencies from communicating with each other by | ||
letter, memorandum, teletype, or intelligence alert bulletin | ||
or other means the identity or other relevant information | ||
pertaining to a person under 18 years of age if there are | ||
reasonable grounds to believe that the person poses a real and | ||
present danger to the safety of the public or law enforcement | ||
officers. The information provided under this subsection (F) | ||
shall remain confidential and shall not be publicly disclosed, | ||
except as otherwise allowed by law. | ||
(G) Nothing in this Section shall prohibit the right of a | ||
Civil Service Commission or appointing authority of any | ||
federal government, state, county or municipality examining | ||
the character and fitness of an applicant for employment with | ||
a law enforcement agency, correctional institution, or fire | ||
department from obtaining and examining the records of any law | ||
enforcement agency relating to any record of the applicant | ||
having been arrested or taken into custody before the | ||
applicant's 18th birthday. | ||
(G-5) Information identifying victims and alleged victims | ||
of sex offenses shall not be disclosed or open to the public | ||
under any circumstances. Nothing in this Section shall | ||
prohibit the victim or alleged victim of any sex offense from | ||
voluntarily disclosing this identity. | ||
(H) The changes made to this Section by Public Act 98-61 |
apply to law enforcement records of a minor who has been | ||
arrested or taken into custody on or after January 1, 2014 (the | ||
effective date of Public Act 98-61). | ||
(H-5) Nothing in this Section shall require any court or | ||
adjudicative proceeding for traffic, boating, fish and game | ||
law, or municipal and county ordinance violations to be closed | ||
to the public. | ||
(I) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (I) shall not apply to the person who is the | ||
subject of the record. | ||
(J) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23; | ||
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) | ||
Section 20. The Criminal Code of 2012 is amended by | ||
changing Sections 2-13, 8-2, 24-1, 24-1.1, 24-1.6, 24-1.7, | ||
24-2.1, 24-3.6, and 36-1 as follows: | ||
(720 ILCS 5/2-13) (from Ch. 38, par. 2-13) | ||
Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||
person who by virtue of his office or public employment is | ||
vested by law with a duty to maintain public order or to make | ||
arrests for offenses, whether that duty extends to all |
offenses or is limited to specific offenses, or (ii) any | ||
person who, by statute, is granted and authorized to exercise | ||
powers similar to those conferred upon any peace officer | ||
employed by a law enforcement agency of this State. | ||
For purposes of Sections concerning unlawful possession | ||
use of weapons, for the purposes of assisting an Illinois | ||
peace officer in an arrest, or when the commission of any | ||
offense under Illinois law is directly observed by the person, | ||
and statutes involving the false personation of a peace | ||
officer, false personation of a peace officer while carrying a | ||
deadly weapon, false personation of a peace officer in | ||
attempting or committing a felony, and false personation of a | ||
peace officer in attempting or committing a forcible felony, | ||
then officers, agents, or employees of the federal government | ||
commissioned by federal statute to make arrests for violations | ||
of federal criminal laws shall be considered "peace officers" | ||
under this Code, including, but not limited to, all criminal | ||
investigators of: | ||
(1) the United States Department of Justice, the | ||
Federal Bureau of Investigation, and the Drug Enforcement | ||
Administration and all United States Marshals or Deputy | ||
United States Marshals whose duties involve the | ||
enforcement of federal criminal laws; | ||
(1.5) the United States Department of Homeland | ||
Security, United States Citizenship and Immigration | ||
Services, United States Coast Guard, United States Customs |
and Border Protection, and United States Immigration and | ||
Customs Enforcement; | ||
(2) the United States Department of the Treasury, the | ||
Alcohol and Tobacco Tax and Trade Bureau, and the United | ||
States Secret Service; | ||
(3) the United States Internal Revenue Service; | ||
(4) the United States General Services Administration; | ||
(5) the United States Postal Service; | ||
(6) (blank); and | ||
(7) the United States Department of Defense. | ||
(Source: P.A. 102-558, eff. 8-20-21.) | ||
(720 ILCS 5/8-2) (from Ch. 38, par. 8-2) | ||
Sec. 8-2. Conspiracy. | ||
(a) Elements of the offense. A person commits the offense | ||
of conspiracy when, with intent that an offense be committed, | ||
he or she agrees with another to the commission of that | ||
offense. No person may be convicted of conspiracy to commit an | ||
offense unless an act in furtherance of that agreement is | ||
alleged and proved to have been committed by him or her or by a | ||
co-conspirator. | ||
(b) Co-conspirators. It is not a defense to conspiracy | ||
that the person or persons with whom the accused is alleged to | ||
have conspired: | ||
(1) have not been prosecuted or convicted, | ||
(2) have been convicted of a different offense, |
(3) are not amenable to justice, | ||
(4) have been acquitted, or | ||
(5) lacked the capacity to commit an offense. | ||
(c) Sentence. | ||
(1) Except as otherwise provided in this subsection or | ||
Code, a person convicted of conspiracy to commit: | ||
(A) a Class X felony shall be sentenced for a Class | ||
1 felony; | ||
(B) a Class 1 felony shall be sentenced for a Class | ||
2 felony; | ||
(C) a Class 2 felony shall be sentenced for a Class | ||
3 felony; | ||
(D) a Class 3 felony shall be sentenced for a Class | ||
4 felony; | ||
(E) a Class 4 felony shall be sentenced for a Class | ||
4 felony; and | ||
(F) a misdemeanor may be fined or imprisoned or | ||
both not to exceed the maximum provided for the | ||
offense that is the object of the conspiracy. | ||
(2) A person convicted of conspiracy to commit any of | ||
the following offenses shall be sentenced for a Class X | ||
felony: | ||
(A) aggravated insurance fraud conspiracy when the | ||
person is an organizer of the conspiracy (720 ILCS | ||
5/46-4); or | ||
(B) aggravated governmental entity insurance fraud |
conspiracy when the person is an organizer of the | ||
conspiracy (720 ILCS 5/46-4). | ||
(3) A person convicted of conspiracy to commit any of | ||
the following offenses shall be sentenced for a Class 1 | ||
felony: | ||
(A) first degree murder (720 ILCS 5/9-1); or | ||
(B) aggravated insurance fraud (720 ILCS 5/46-3) | ||
or aggravated governmental insurance fraud (720 ILCS | ||
5/46-3). | ||
(4) A person convicted of conspiracy to commit | ||
insurance fraud (720 ILCS 5/46-3) or governmental entity | ||
insurance fraud (720 ILCS 5/46-3) shall be sentenced for a | ||
Class 2 felony. | ||
(5) A person convicted of conspiracy to commit any of | ||
the following offenses shall be sentenced for a Class 3 | ||
felony: | ||
(A) soliciting for a prostitute (720 ILCS | ||
5/11-14.3(a)(1)); | ||
(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | ||
5/11-14.3(a)(2)(B)); | ||
(C) keeping a place of prostitution (720 ILCS | ||
5/11-14.3(a)(1)); | ||
(D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); | ||
(E) unlawful possession use of weapons under | ||
Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1)); | ||
(F) unlawful possession use of weapons under |
Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7)); | ||
(G) gambling (720 ILCS 5/28-1); | ||
(H) keeping a gambling place (720 ILCS 5/28-3); | ||
(I) registration of federal gambling stamps | ||
violation (720 ILCS 5/28-4); | ||
(J) look-alike substances violation (720 ILCS | ||
570/404); | ||
(K) miscellaneous controlled substance violation | ||
under Section 406(b) (720 ILCS 570/406(b)); or | ||
(L) an inchoate offense related to any of the | ||
principal offenses set forth in this item (5). | ||
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11 .) | ||
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1) | ||
Sec. 24-1. Unlawful possession use of weapons. | ||
(a) A person commits the offense of unlawful possession | ||
use of weapons when he knowingly: | ||
(1) Sells, manufactures, purchases, possesses or | ||
carries any bludgeon, black-jack, slung-shot, sand-club, | ||
sand-bag, metal knuckles or other knuckle weapon | ||
regardless of its composition, throwing star, or any | ||
knife, commonly referred to as a switchblade knife, which | ||
has a blade that opens automatically by hand pressure | ||
applied to a button, spring or other device in the handle | ||
of the knife, or a ballistic knife, which is a device that | ||
propels a knifelike blade as a projectile by means of a |
coil spring, elastic material or compressed gas; or | ||
(2) Carries or possesses with intent to use the same | ||
unlawfully against another, a dagger, dirk, billy, | ||
dangerous knife, razor, stiletto, broken bottle or other | ||
piece of glass, stun gun or taser or any other dangerous or | ||
deadly weapon or instrument of like character; or | ||
(2.5) Carries or possesses with intent to use the same | ||
unlawfully against another, any firearm in a church, | ||
synagogue, mosque, or other building, structure, or place | ||
used for religious worship; or | ||
(3) Carries on or about his person or in any vehicle, a | ||
tear gas gun projector or bomb or any object containing | ||
noxious liquid gas or substance, other than an object | ||
containing a non-lethal noxious liquid gas or substance | ||
designed solely for personal defense carried by a person | ||
18 years of age or older; or | ||
(4) Carries or possesses in any vehicle or concealed | ||
on or about his person except when on his land or in his | ||
own abode, legal dwelling, or fixed place of business, or | ||
on the land or in the legal dwelling of another person as | ||
an invitee with that person's permission, any pistol, | ||
revolver, stun gun or taser or other firearm, except that | ||
this subsection (a)(4) does not apply to or affect | ||
transportation of weapons that meet one of the following | ||
conditions: | ||
(i) are broken down in a non-functioning state; or |
(ii) are not immediately accessible; or | ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box, shipping box, or other container by a | ||
person who has been issued a currently valid Firearm | ||
Owner's Identification Card; or | ||
(iv) are carried or possessed in accordance with | ||
the Firearm Concealed Carry Act by a person who has | ||
been issued a currently valid license under the | ||
Firearm Concealed Carry Act; or | ||
(5) Sets a spring gun; or | ||
(6) Possesses any device or attachment of any kind | ||
designed, used or intended for use in silencing the report | ||
of any firearm; or | ||
(7) Sells, manufactures, purchases, possesses or | ||
carries: | ||
(i) a machine gun, which shall be defined for the | ||
purposes of this subsection as any weapon, which | ||
shoots, is designed to shoot, or can be readily | ||
restored to shoot, automatically more than one shot | ||
without manually reloading by a single function of the | ||
trigger, including the frame or receiver of any such | ||
weapon, or sells, manufactures, purchases, possesses, | ||
or carries any combination of parts designed or | ||
intended for use in converting any weapon into a | ||
machine gun, or any combination or parts from which a | ||
machine gun can be assembled if such parts are in the |
possession or under the control of a person; | ||
(ii) any rifle having one or more barrels less | ||
than 16 inches in length or a shotgun having one or | ||
more barrels less than 18 inches in length or any | ||
weapon made from a rifle or shotgun, whether by | ||
alteration, modification, or otherwise, if such a | ||
weapon as modified has an overall length of less than | ||
26 inches; or | ||
(iii) any bomb, bomb-shell, grenade, bottle or | ||
other container containing an explosive substance of | ||
over one-quarter ounce for like purposes, such as, but | ||
not limited to, black powder bombs and Molotov | ||
cocktails or artillery projectiles; or | ||
(8) Carries or possesses any firearm, stun gun or | ||
taser or other deadly weapon in any place which is | ||
licensed to sell intoxicating beverages, or at any public | ||
gathering held pursuant to a license issued by any | ||
governmental body or any public gathering at which an | ||
admission is charged, excluding a place where a showing, | ||
demonstration or lecture involving the exhibition of | ||
unloaded firearms is conducted. | ||
This subsection (a)(8) does not apply to any auction | ||
or raffle of a firearm held pursuant to a license or permit | ||
issued by a governmental body, nor does it apply to | ||
persons engaged in firearm safety training courses; or | ||
(9) Carries or possesses in a vehicle or on or about |
his or her person any pistol, revolver, stun gun or taser | ||
or firearm or ballistic knife, when he or she is hooded, | ||
robed or masked in such manner as to conceal his or her | ||
identity; or | ||
(10) Carries or possesses on or about his or her | ||
person, upon any public street, alley, or other public | ||
lands within the corporate limits of a city, village, or | ||
incorporated town, except when an invitee thereon or | ||
therein, for the purpose of the display of such weapon or | ||
the lawful commerce in weapons, or except when on his land | ||
or in his or her own abode, legal dwelling, or fixed place | ||
of business, or on the land or in the legal dwelling of | ||
another person as an invitee with that person's | ||
permission, any pistol, revolver, stun gun, or taser or | ||
other firearm, except that this subsection (a)(10) does | ||
not apply to or affect transportation of weapons that meet | ||
one of the following conditions: | ||
(i) are broken down in a non-functioning state; or | ||
(ii) are not immediately accessible; or | ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box, shipping box, or other container by a | ||
person who has been issued a currently valid Firearm | ||
Owner's Identification Card; or | ||
(iv) are carried or possessed in accordance with | ||
the Firearm Concealed Carry Act by a person who has | ||
been issued a currently valid license under the |
Firearm Concealed Carry Act. | ||
A "stun gun or taser", as used in this paragraph (a) | ||
means (i) any device which is powered by electrical | ||
charging units, such as, batteries, and which fires one or | ||
several barbs attached to a length of wire and which, upon | ||
hitting a human, can send out a current capable of | ||
disrupting the person's nervous system in such a manner as | ||
to render him incapable of normal functioning or (ii) any | ||
device which is powered by electrical charging units, such | ||
as batteries, and which, upon contact with a human or | ||
clothing worn by a human, can send out current capable of | ||
disrupting the person's nervous system in such a manner as | ||
to render him incapable of normal functioning; or | ||
(11) Sells, manufactures, delivers, imports, | ||
possesses, or purchases any assault weapon attachment or | ||
.50 caliber cartridge in violation of Section 24-1.9 or | ||
any explosive bullet. For purposes of this paragraph (a) | ||
"explosive bullet" means the projectile portion of an | ||
ammunition cartridge which contains or carries an | ||
explosive charge which will explode upon contact with the | ||
flesh of a human or an animal. "Cartridge" means a tubular | ||
metal case having a projectile affixed at the front | ||
thereof and a cap or primer at the rear end thereof, with | ||
the propellant contained in such tube between the | ||
projectile and the cap; or | ||
(12) (Blank); or |
(13) Carries or possesses on or about his or her | ||
person while in a building occupied by a unit of | ||
government, a billy club, other weapon of like character, | ||
or other instrument of like character intended for use as | ||
a weapon. For the purposes of this Section, "billy club" | ||
means a short stick or club commonly carried by police | ||
officers which is either telescopic or constructed of a | ||
solid piece of wood or other man-made material; or | ||
(14) Manufactures, possesses, sells, or offers to | ||
sell, purchase, manufacture, import, transfer, or use any | ||
device, part, kit, tool, accessory, or combination of | ||
parts that is designed to and functions to increase the | ||
rate of fire of a semiautomatic firearm above the standard | ||
rate of fire for semiautomatic firearms that is not | ||
equipped with that device, part, or combination of parts; | ||
or | ||
(15) Carries or possesses any assault weapon or .50 | ||
caliber rifle in violation of Section 24-1.9; or | ||
(16) Manufactures, sells, delivers, imports, or | ||
purchases any assault weapon or .50 caliber rifle in | ||
violation of Section 24-1.9. | ||
(b) Sentence. A person convicted of a violation of | ||
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), | ||
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) | ||
commits a Class A misdemeanor. A person convicted of a | ||
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a |
Class 4 felony; a person convicted of a violation of | ||
subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | ||
24-1(a)(16) commits a Class 3 felony. A person convicted of a | ||
violation of subsection 24-1(a)(7)(i) commits a Class 2 felony | ||
and shall be sentenced to a term of imprisonment of not less | ||
than 3 years and not more than 7 years, unless the weapon is | ||
possessed in the passenger compartment of a motor vehicle as | ||
defined in Section 1-146 of the Illinois Vehicle Code, or on | ||
the person, while the weapon is loaded, in which case it shall | ||
be a Class X felony. A person convicted of a second or | ||
subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), | ||
24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 | ||
felony. A person convicted of a violation of subsection | ||
24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | ||
possession of each weapon or device in violation of this | ||
Section constitutes a single and separate violation. | ||
(c) Violations in specific places. | ||
(1) A person who violates subsection 24-1(a)(6) or | ||
24-1(a)(7) in any school, regardless of the time of day or | ||
the time of year, in residential property owned, operated | ||
or managed by a public housing agency or leased by a public | ||
housing agency as part of a scattered site or mixed-income | ||
development, in a public park, in a courthouse, on the | ||
real property comprising any school, regardless of the | ||
time of day or the time of year, on residential property | ||
owned, operated or managed by a public housing agency or |
leased by a public housing agency as part of a scattered | ||
site or mixed-income development, on the real property | ||
comprising any public park, on the real property | ||
comprising any courthouse, in any conveyance owned, leased | ||
or contracted by a school to transport students to or from | ||
school or a school related activity, in any conveyance | ||
owned, leased, or contracted by a public transportation | ||
agency, or on any public way within 1,000 feet of the real | ||
property comprising any school, public park, courthouse, | ||
public transportation facility, or residential property | ||
owned, operated, or managed by a public housing agency or | ||
leased by a public housing agency as part of a scattered | ||
site or mixed-income development commits a Class 2 felony | ||
and shall be sentenced to a term of imprisonment of not | ||
less than 3 years and not more than 7 years. | ||
(1.5) A person who violates subsection 24-1(a)(4), | ||
24-1(a)(9), or 24-1(a)(10) in any school, regardless of | ||
the time of day or the time of year, in residential | ||
property owned, operated, or managed by a public housing | ||
agency or leased by a public housing agency as part of a | ||
scattered site or mixed-income development, in a public | ||
park, in a courthouse, on the real property comprising any | ||
school, regardless of the time of day or the time of year, | ||
on residential property owned, operated, or managed by a | ||
public housing agency or leased by a public housing agency | ||
as part of a scattered site or mixed-income development, |
on the real property comprising any public park, on the | ||
real property comprising any courthouse, in any conveyance | ||
owned, leased, or contracted by a school to transport | ||
students to or from school or a school related activity, | ||
in any conveyance owned, leased, or contracted by a public | ||
transportation agency, or on any public way within 1,000 | ||
feet of the real property comprising any school, public | ||
park, courthouse, public transportation facility, or | ||
residential property owned, operated, or managed by a | ||
public housing agency or leased by a public housing agency | ||
as part of a scattered site or mixed-income development | ||
commits a Class 3 felony. | ||
(2) A person who violates subsection 24-1(a)(1), | ||
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the | ||
time of day or the time of year, in residential property | ||
owned, operated or managed by a public housing agency or | ||
leased by a public housing agency as part of a scattered | ||
site or mixed-income development, in a public park, in a | ||
courthouse, on the real property comprising any school, | ||
regardless of the time of day or the time of year, on | ||
residential property owned, operated or managed by a | ||
public housing agency or leased by a public housing agency | ||
as part of a scattered site or mixed-income development, | ||
on the real property comprising any public park, on the | ||
real property comprising any courthouse, in any conveyance | ||
owned, leased or contracted by a school to transport |
students to or from school or a school related activity, | ||
in any conveyance owned, leased, or contracted by a public | ||
transportation agency, or on any public way within 1,000 | ||
feet of the real property comprising any school, public | ||
park, courthouse, public transportation facility, or | ||
residential property owned, operated, or managed by a | ||
public housing agency or leased by a public housing agency | ||
as part of a scattered site or mixed-income development | ||
commits a Class 4 felony. "Courthouse" means any building | ||
that is used by the Circuit, Appellate, or Supreme Court | ||
of this State for the conduct of official business. | ||
(3) Paragraphs (1), (1.5), and (2) of this subsection | ||
(c) shall not apply to law enforcement officers or | ||
security officers of such school, college, or university | ||
or to students carrying or possessing firearms for use in | ||
training courses, parades, hunting, target shooting on | ||
school ranges, or otherwise with the consent of school | ||
authorities and which firearms are transported unloaded | ||
enclosed in a suitable case, box, or transportation | ||
package. | ||
(4) For the purposes of this subsection (c), "school" | ||
means any public or private elementary or secondary | ||
school, community college, college, or university. | ||
(5) For the purposes of this subsection (c), "public | ||
transportation agency" means a public or private agency | ||
that provides for the transportation or conveyance of |
persons by means available to the general public, except | ||
for transportation by automobiles not used for conveyance | ||
of the general public as passengers; and "public | ||
transportation facility" means a terminal or other place | ||
where one may obtain public transportation. | ||
(d) The presence in an automobile other than a public | ||
omnibus of any weapon, instrument or substance referred to in | ||
subsection (a)(7) is prima facie evidence that it is in the | ||
possession of, and is being carried by, all persons occupying | ||
such automobile at the time such weapon, instrument or | ||
substance is found, except under the following circumstances: | ||
(i) if such weapon, instrument or instrumentality is found | ||
upon the person of one of the occupants therein; or (ii) if | ||
such weapon, instrument or substance is found in an automobile | ||
operated for hire by a duly licensed driver in the due, lawful | ||
and proper pursuit of his or her trade, then such presumption | ||
shall not apply to the driver. | ||
(e) Exemptions. | ||
(1) Crossbows, Common or Compound bows and Underwater | ||
Spearguns are exempted from the definition of ballistic | ||
knife as defined in paragraph (1) of subsection (a) of | ||
this Section. | ||
(2) The provision of paragraph (1) of subsection (a) | ||
of this Section prohibiting the sale, manufacture, | ||
purchase, possession, or carrying of any knife, commonly | ||
referred to as a switchblade knife, which has a blade that |
opens automatically by hand pressure applied to a button, | ||
spring or other device in the handle of the knife, does not | ||
apply to a person who possesses a currently valid Firearm | ||
Owner's Identification Card previously issued in his or | ||
her name by the Illinois State Police or to a person or an | ||
entity engaged in the business of selling or manufacturing | ||
switchblade knives. | ||
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | ||
102-1116, eff. 1-10-23.) | ||
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) | ||
Sec. 24-1.1. Unlawful use or possession of weapons by | ||
felons or persons in the custody of the Department of | ||
Corrections facilities. | ||
(a) It is unlawful for a person to knowingly possess on or | ||
about his person or on his land or in his own abode or fixed | ||
place of business any weapon prohibited under Section 24-1 of | ||
this Act or any firearm or any firearm ammunition if the person | ||
has been convicted of a felony under the laws of this State or | ||
any other jurisdiction. This Section shall not apply if the | ||
person has been granted relief by the Director of the Illinois | ||
State Police under Section 10 of the Firearm Owners | ||
Identification Card Act. | ||
(b) It is unlawful for any person confined in a penal | ||
institution, which is a facility of the Illinois Department of | ||
Corrections, to possess any weapon prohibited under Section |
24-1 of this Code or any firearm or firearm ammunition, | ||
regardless of the intent with which he possesses it. | ||
(c) It shall be an affirmative defense to a violation of | ||
subsection (b), that such possession was specifically | ||
authorized by rule, regulation, or directive of the Illinois | ||
Department of Corrections or order issued pursuant thereto. | ||
(d) The defense of necessity is not available to a person | ||
who is charged with a violation of subsection (b) of this | ||
Section. | ||
(e) Sentence. Violation of this Section by a person not | ||
confined in a penal institution shall be a Class 3 felony for | ||
which the person shall be sentenced to no less than 2 years and | ||
no more than 10 years. A second or subsequent violation of this | ||
Section shall be a Class 2 felony for which the person shall be | ||
sentenced to a term of imprisonment of not less than 3 years | ||
and not more than 14 years, except as provided for in Section | ||
5-4.5-110 of the Unified Code of Corrections. Violation of | ||
this Section by a person not confined in a penal institution | ||
who has been convicted of a forcible felony, a felony | ||
violation of Article 24 of this Code or of the Firearm Owners | ||
Identification Card Act, stalking or aggravated stalking, or a | ||
Class 2 or greater felony under the Illinois Controlled | ||
Substances Act, the Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act is a | ||
Class 2 felony for which the person shall be sentenced to not | ||
less than 3 years and not more than 14 years, except as |
provided for in Section 5-4.5-110 of the Unified Code of | ||
Corrections. Violation of this Section by a person who is on | ||
parole or mandatory supervised release is a Class 2 felony for | ||
which the person shall be sentenced to not less than 3 years | ||
and not more than 14 years, except as provided for in Section | ||
5-4.5-110 of the Unified Code of Corrections. Violation of | ||
this Section by a person not confined in a penal institution is | ||
a Class X felony when the firearm possessed is a machine gun. | ||
Any person who violates this Section while confined in a penal | ||
institution, which is a facility of the Illinois Department of | ||
Corrections, is guilty of a Class 1 felony, if he possesses any | ||
weapon prohibited under Section 24-1 of this Code regardless | ||
of the intent with which he possesses it, a Class X felony if | ||
he possesses any firearm, firearm ammunition or explosive, and | ||
a Class X felony for which the offender shall be sentenced to | ||
not less than 12 years and not more than 50 years when the | ||
firearm possessed is a machine gun. A violation of this | ||
Section while wearing or in possession of body armor as | ||
defined in Section 33F-1 is a Class X felony punishable by a | ||
term of imprisonment of not less than 10 years and not more | ||
than 40 years. The possession of each firearm or firearm | ||
ammunition in violation of this Section constitutes a single | ||
and separate violation. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(720 ILCS 5/24-1.6) |
Sec. 24-1.6. Aggravated unlawful possession use of a | ||
weapon. | ||
(a) A person commits the offense of aggravated unlawful | ||
possession use of a weapon when he or she knowingly: | ||
(1) Carries on or about his or her person or in any | ||
vehicle or concealed on or about his or her person except | ||
when on his or her land or in his or her abode, legal | ||
dwelling, or fixed place of business, or on the land or in | ||
the legal dwelling of another person as an invitee with | ||
that person's permission, any pistol, revolver, stun gun | ||
or taser or other firearm; or | ||
(2) Carries or possesses on or about his or her | ||
person, upon any public street, alley, or other public | ||
lands within the corporate limits of a city, village or | ||
incorporated town, except when an invitee thereon or | ||
therein, for the purpose of the display of such weapon or | ||
the lawful commerce in weapons, or except when on his or | ||
her own land or in his or her own abode, legal dwelling, or | ||
fixed place of business, or on the land or in the legal | ||
dwelling of another person as an invitee with that | ||
person's permission, any pistol, revolver, stun gun or | ||
taser or other firearm; and | ||
(3) One of the following factors is present: | ||
(A) the firearm, other than a pistol, revolver, or | ||
handgun, possessed was uncased, loaded, and | ||
immediately accessible at the time of the offense; or |
(A-5) the pistol, revolver, or handgun possessed | ||
was uncased, loaded, and immediately accessible at the | ||
time of the offense and the person possessing the | ||
pistol, revolver, or handgun has not been issued a | ||
currently valid license under the Firearm Concealed | ||
Carry Act; or | ||
(B) the firearm, other than a pistol, revolver, or | ||
handgun, possessed was uncased, unloaded, and the | ||
ammunition for the weapon was immediately accessible | ||
at the time of the offense; or | ||
(B-5) the pistol, revolver, or handgun possessed | ||
was uncased, unloaded, and the ammunition for the | ||
weapon was immediately accessible at the time of the | ||
offense and the person possessing the pistol, | ||
revolver, or handgun has not been issued a currently | ||
valid license under the Firearm Concealed Carry Act; | ||
or | ||
(C) the person possessing the firearm has not been | ||
issued a currently valid Firearm Owner's | ||
Identification Card; or | ||
(D) the person possessing the weapon was | ||
previously adjudicated a delinquent minor under the | ||
Juvenile Court Act of 1987 for an act that if committed | ||
by an adult would be a felony; or | ||
(E) the person possessing the weapon was engaged | ||
in a misdemeanor violation of the Cannabis Control |
Act, in a misdemeanor violation of the Illinois | ||
Controlled Substances Act, or in a misdemeanor | ||
violation of the Methamphetamine Control and Community | ||
Protection Act; or | ||
(F) (blank); or | ||
(G) the person possessing the weapon had an order | ||
of protection issued against him or her within the | ||
previous 2 years; or | ||
(H) the person possessing the weapon was engaged | ||
in the commission or attempted commission of a | ||
misdemeanor involving the use or threat of violence | ||
against the person or property of another; or | ||
(I) the person possessing the weapon was under 21 | ||
years of age and in possession of a handgun, unless the | ||
person under 21 is engaged in lawful activities under | ||
the Wildlife Code or described in subsection | ||
24-2(b)(1), (b)(3), or 24-2(f). | ||
(a-5) "Handgun" as used in this Section has the meaning | ||
given to it in Section 5 of the Firearm Concealed Carry Act. | ||
(b) "Stun gun or taser" as used in this Section has the | ||
same definition given to it in Section 24-1 of this Code. | ||
(c) This Section does not apply to or affect the | ||
transportation or possession of weapons that: | ||
(i) are broken down in a non-functioning state; or | ||
(ii) are not immediately accessible; or | ||
(iii) are unloaded and enclosed in a case, firearm |
carrying box, shipping box, or other container by a person | ||
who has been issued a currently valid Firearm Owner's | ||
Identification Card. | ||
(d) Sentence. | ||
(1) Aggravated unlawful possession use of a weapon is | ||
a Class 4 felony; a second or subsequent offense is a Class | ||
2 felony for which the person shall be sentenced to a term | ||
of imprisonment of not less than 3 years and not more than | ||
7 years, except as provided for in Section 5-4.5-110 of | ||
the Unified Code of Corrections. | ||
(2) Except as otherwise provided in paragraphs (3) and | ||
(4) of this subsection (d), a first offense of aggravated | ||
unlawful possession use of a weapon committed with a | ||
firearm by a person 18 years of age or older where the | ||
factors listed in both items (A) and (C) or both items | ||
(A-5) and (C) of paragraph (3) of subsection (a) are | ||
present is a Class 4 felony, for which the person shall be | ||
sentenced to a term of imprisonment of not less than one | ||
year and not more than 3 years. | ||
(3) Aggravated unlawful possession use of a weapon by | ||
a person who has been previously convicted of a felony in | ||
this State or another jurisdiction is a Class 2 felony for | ||
which the person shall be sentenced to a term of | ||
imprisonment of not less than 3 years and not more than 7 | ||
years, except as provided for in Section 5-4.5-110 of the | ||
Unified Code of Corrections. |
(4) Aggravated unlawful possession use of a weapon | ||
while wearing or in possession of body armor as defined in | ||
Section 33F-1 by a person who has not been issued a valid | ||
Firearms Owner's Identification Card in accordance with | ||
Section 5 of the Firearm Owners Identification Card Act is | ||
a Class X felony. | ||
(e) The possession of each firearm in violation of this | ||
Section constitutes a single and separate violation. | ||
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) | ||
(720 ILCS 5/24-1.7) | ||
Sec. 24-1.7. Unlawful possession of a firearm by a repeat | ||
felony offender Armed habitual criminal . | ||
(a) A person commits the offense of unlawful possession of | ||
a firearm by a repeat felony offender being an armed habitual | ||
criminal if he or she receives, sells, possesses, or transfers | ||
any firearm after having been convicted a total of 2 or more | ||
times of any combination of the following offenses: | ||
(1) a forcible felony as defined in Section 2-8 of | ||
this Code; | ||
(2) unlawful possession use of a weapon by a felon; | ||
aggravated unlawful possession use of a weapon; aggravated | ||
discharge of a firearm; vehicular hijacking; aggravated | ||
vehicular hijacking; aggravated battery of a child as | ||
described in Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05; intimidation; aggravated intimidation; |
gunrunning; home invasion; or aggravated battery with a | ||
firearm as described in Section 12-4.2 or subdivision | ||
(e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or | ||
(3) any violation of the Illinois Controlled | ||
Substances Act or the Cannabis Control Act that is | ||
punishable as a Class 3 felony or higher. | ||
(b) Sentence. Unlawful possession of a firearm by a repeat | ||
felony offender Being an armed habitual criminal is a Class X | ||
felony. | ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
(720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1) | ||
Sec. 24-2.1. Unlawful possession use of firearm | ||
projectiles. | ||
(a) A person commits the offense of unlawful possession | ||
use of firearm projectiles when he or she knowingly | ||
manufactures, sells, purchases, possesses, or carries any | ||
armor piercing bullet, dragon's breath shotgun shell, bolo | ||
shell, or flechette shell. | ||
For the purposes of this Section: | ||
"Armor piercing bullet" means any handgun bullet or | ||
handgun ammunition with projectiles or projectile cores | ||
constructed entirely (excluding the presence of traces of | ||
other substances) from tungsten alloys, steel, iron, brass, | ||
bronze, beryllium copper or depleted uranium, or fully | ||
jacketed bullets larger than 22 caliber designed and intended |
for use in a handgun and whose jacket has a weight of more than | ||
25% of the total weight of the projectile, and excluding those | ||
handgun projectiles whose cores are composed of soft materials | ||
such as lead or lead alloys, zinc or zinc alloys, frangible | ||
projectiles designed primarily for sporting purposes, and any | ||
other projectiles or projectile cores that the U. S. Secretary | ||
of the Treasury finds to be primarily intended to be used for | ||
sporting purposes or industrial purposes or that otherwise | ||
does not constitute "armor piercing ammunition" as that term | ||
is defined by federal law. | ||
The definition contained herein shall not be construed to | ||
include shotgun shells. | ||
"Dragon's breath shotgun shell" means any shotgun shell | ||
that contains exothermic pyrophoric mesh metal as the | ||
projectile and is designed for the purpose of throwing or | ||
spewing a flame or fireball to simulate a flame-thrower. | ||
"Bolo shell" means any shell that can be fired in a firearm | ||
and expels as projectiles 2 or more metal balls connected by | ||
solid metal wire. | ||
"Flechette shell" means any shell that can be fired in a | ||
firearm and expels 2 or more pieces of fin-stabilized solid | ||
metal wire or 2 or more solid dart-type projectiles. | ||
(b) Exemptions. This Section does not apply to or affect | ||
any of the following: | ||
(1) Peace officers. | ||
(2) Wardens, superintendents and keepers of prisons, |
penitentiaries, jails and other institutions for the | ||
detention of persons accused or convicted of an offense. | ||
(3) Members of the Armed Services or Reserve Forces of | ||
the United States or the Illinois National Guard while in | ||
the performance of their official duties. | ||
(4) Federal officials required to carry firearms, | ||
while engaged in the performance of their official duties. | ||
(5) United States Marshals, while engaged in the | ||
performance of their official duties. | ||
(6) Persons licensed under federal law to manufacture, | ||
import, or sell firearms and firearm ammunition, and | ||
actually engaged in any such business, but only with | ||
respect to activities which are within the lawful scope of | ||
such business, such as the manufacture, transportation, or | ||
testing of such bullets or ammunition. | ||
This exemption does not authorize the general private | ||
possession of any armor piercing bullet, dragon's breath | ||
shotgun shell, bolo shell, or flechette shell, but only | ||
such possession and activities which are within the lawful | ||
scope of a licensed business described in this paragraph. | ||
(7) Laboratories having a department of forensic | ||
ballistics or specializing in the development of | ||
ammunition or explosive ordnance. | ||
(8) Manufacture, transportation, or sale of armor | ||
piercing bullets, dragon's breath shotgun shells, bolo | ||
shells, or flechette shells to persons specifically |
authorized under paragraphs (1) through (7) of this | ||
subsection to possess such bullets or shells. | ||
(c) An information or indictment based upon a violation of | ||
this Section need not negate any exemption herein contained. | ||
The defendant shall have the burden of proving such an | ||
exemption. | ||
(d) Sentence. A person convicted of unlawful possession | ||
use of armor piercing bullets shall be guilty of a Class 3 | ||
felony. | ||
(Source: P.A. 92-423, eff. 1-1-02.) | ||
(720 ILCS 5/24-3.6) | ||
Sec. 24-3.6. Unlawful possession use of a firearm in the | ||
shape of a wireless telephone. | ||
(a) For the purposes of this Section, "wireless telephone" | ||
means a device that is capable of transmitting or receiving | ||
telephonic communications without a wire connecting the device | ||
to the telephone network. | ||
(b) A person commits the offense of unlawful possession | ||
use of a firearm in the shape of a wireless telephone when he | ||
or she manufactures, sells, transfers, purchases, possesses, | ||
or carries a firearm shaped or designed to appear as a wireless | ||
telephone. | ||
(c) This Section does not apply to or affect the sale to or | ||
possession of a firearm in the shape of a wireless telephone by | ||
a peace officer. |
(d) Sentence. Unlawful possession use of a firearm in the | ||
shape of a wireless telephone is a Class 4 felony. | ||
(Source: P.A. 92-155, eff. 1-1-02.) | ||
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1) | ||
Sec. 36-1. Property subject to forfeiture. | ||
(a) Any vessel or watercraft, vehicle, or aircraft is | ||
subject to forfeiture under this Article if the vessel or | ||
watercraft, vehicle, or aircraft is used with the knowledge | ||
and consent of the owner in the commission of or in the attempt | ||
to commit as defined in Section 8-4 of this Code: | ||
(1) an offense prohibited by Section 9-1 (first degree | ||
murder), Section 9-3 (involuntary manslaughter and | ||
reckless homicide), Section 10-2 (aggravated kidnaping), | ||
Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||
(aggravated criminal sexual assault), Section 11-1.40 | ||
(predatory criminal sexual assault of a child), subsection | ||
(a) of Section 11-1.50 (criminal sexual abuse), subsection | ||
(a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||
sexual abuse), Section 11-6 (indecent solicitation of a | ||
child), Section 11-14.4 (promoting juvenile prostitution | ||
except for keeping a place of juvenile prostitution), | ||
Section 11-20.1 (child pornography), paragraph (a)(1), | ||
(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||
(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||
(aggravated battery), Section 12-7.3 (stalking), Section |
12-7.4 (aggravated stalking), Section 16-1 (theft if the | ||
theft is of precious metal or of scrap metal), subdivision | ||
(f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||
18-2 (armed robbery), Section 19-1 (burglary), Section | ||
19-2 (possession of burglary tools), Section 19-3 | ||
(residential burglary), Section 20-1 (arson; residential | ||
arson; place of worship arson), Section 20-2 (possession | ||
of explosives or explosive or incendiary devices), | ||
subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful | ||
possession use of weapons), Section 24-1.2 (aggravated | ||
discharge of a firearm), Section 24-1.2-5 (aggravated | ||
discharge of a machine gun or a firearm equipped with a | ||
device designed or used for silencing the report of a | ||
firearm), Section 24-1.5 (reckless discharge of a | ||
firearm), Section 28-1 (gambling), or Section 29D-15.2 | ||
(possession of a deadly substance) of this Code; | ||
(2) an offense prohibited by Section 21, 22, 23, 24 or | ||
26 of the Cigarette Tax Act if the vessel or watercraft, | ||
vehicle, or aircraft contains more than 10 cartons of such | ||
cigarettes; | ||
(3) an offense prohibited by Section 28, 29, or 30 of | ||
the Cigarette Use Tax Act if the vessel or watercraft, | ||
vehicle, or aircraft contains more than 10 cartons of such | ||
cigarettes; | ||
(4) an offense prohibited by Section 44 of the | ||
Environmental Protection Act; |
(5) an offense prohibited by Section 11-204.1 of the | ||
Illinois Vehicle Code (aggravated fleeing or attempting to | ||
elude a peace officer); | ||
(6) an offense prohibited by Section 11-501 of the | ||
Illinois Vehicle Code (driving while under the influence | ||
of alcohol or other drug or drugs, intoxicating compound | ||
or compounds or any combination thereof) or a similar | ||
provision of a local ordinance, and: | ||
(A) during a period in which his or her driving | ||
privileges are revoked or suspended if the revocation | ||
or suspension was for: | ||
(i) Section 11-501 (driving under the | ||
influence of alcohol or other drug or drugs, | ||
intoxicating compound or compounds or any | ||
combination thereof), | ||
(ii) Section 11-501.1 (statutory summary | ||
suspension or revocation), | ||
(iii) paragraph (b) of Section 11-401 (motor | ||
vehicle crashes involving death or personal | ||
injuries), or | ||
(iv) reckless homicide as defined in Section | ||
9-3 of this Code; | ||
(B) has been previously convicted of reckless | ||
homicide or a similar provision of a law of another | ||
state relating to reckless homicide in which the | ||
person was determined to have been under the influence |
of alcohol, other drug or drugs, or intoxicating | ||
compound or compounds as an element of the offense or | ||
the person has previously been convicted of committing | ||
a violation of driving under the influence of alcohol | ||
or other drug or drugs, intoxicating compound or | ||
compounds or any combination thereof and was involved | ||
in a motor vehicle crash that resulted in death, great | ||
bodily harm, or permanent disability or disfigurement | ||
to another, when the violation was a proximate cause | ||
of the death or injuries; | ||
(C) the person committed a violation of driving | ||
under the influence of alcohol or other drug or drugs, | ||
intoxicating compound or compounds or any combination | ||
thereof under Section 11-501 of the Illinois Vehicle | ||
Code or a similar provision for the third or | ||
subsequent time; | ||
(D) he or she did not possess a valid driver's | ||
license or permit or a valid restricted driving permit | ||
or a valid judicial driving permit or a valid | ||
monitoring device driving permit; or | ||
(E) he or she knew or should have known that the | ||
vehicle he or she was driving was not covered by a | ||
liability insurance policy; | ||
(7) an offense described in subsection (g) of Section | ||
6-303 of the Illinois Vehicle Code; | ||
(8) an offense described in subsection (e) of Section |
6-101 of the Illinois Vehicle Code; or | ||
(9)(A) operating a watercraft under the influence of | ||
alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or combination thereof under Section 5-16 of | ||
the Boat Registration and Safety Act during a period in | ||
which his or her privileges to operate a watercraft are | ||
revoked or suspended and the revocation or suspension was | ||
for operating a watercraft under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds, | ||
or combination thereof; (B) operating a watercraft under | ||
the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or combination thereof | ||
and has been previously convicted of reckless homicide or | ||
a similar provision of a law in another state relating to | ||
reckless homicide in which the person was determined to | ||
have been under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or combination | ||
thereof as an element of the offense or the person has | ||
previously been convicted of committing a violation of | ||
operating a watercraft under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds, | ||
or combination thereof and was involved in an accident | ||
that resulted in death, great bodily harm, or permanent | ||
disability or disfigurement to another, when the violation | ||
was a proximate cause of the death or injuries; or (C) the | ||
person committed a violation of operating a watercraft |
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or combination thereof | ||
under Section 5-16 of the Boat Registration and Safety Act | ||
or a similar provision for the third or subsequent time. | ||
(b) In addition, any mobile or portable equipment used in | ||
the commission of an act which is in violation of Section 7g of | ||
the Metropolitan Water Reclamation District Act shall be | ||
subject to seizure and forfeiture under the same procedures | ||
provided in this Article for the seizure and forfeiture of | ||
vessels or watercraft, vehicles, and aircraft, and any such | ||
equipment shall be deemed a vessel or watercraft, vehicle, or | ||
aircraft for purposes of this Article. | ||
(c) In addition, when a person discharges a firearm at | ||
another individual from a vehicle with the knowledge and | ||
consent of the owner of the vehicle and with the intent to | ||
cause death or great bodily harm to that individual and as a | ||
result causes death or great bodily harm to that individual, | ||
the vehicle shall be subject to seizure and forfeiture under | ||
the same procedures provided in this Article for the seizure | ||
and forfeiture of vehicles used in violations of clauses (1), | ||
(2), (3), or (4) of subsection (a) of this Section. | ||
(d) If the spouse of the owner of a vehicle seized for an | ||
offense described in subsection (g) of Section 6-303 of the | ||
Illinois Vehicle Code, a violation of subdivision (d)(1)(A), | ||
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section | ||
11-501 of the Illinois Vehicle Code, or Section 9-3 of this |
Code makes a showing that the seized vehicle is the only source | ||
of transportation and it is determined that the financial | ||
hardship to the family as a result of the seizure outweighs the | ||
benefit to the State from the seizure, the vehicle may be | ||
forfeited to the spouse or family member and the title to the | ||
vehicle shall be transferred to the spouse or family member | ||
who is properly licensed and who requires the use of the | ||
vehicle for employment or family transportation purposes. A | ||
written declaration of forfeiture of a vehicle under this | ||
Section shall be sufficient cause for the title to be | ||
transferred to the spouse or family member. The provisions of | ||
this paragraph shall apply only to one forfeiture per vehicle. | ||
If the vehicle is the subject of a subsequent forfeiture | ||
proceeding by virtue of a subsequent conviction of either | ||
spouse or the family member, the spouse or family member to | ||
whom the vehicle was forfeited under the first forfeiture | ||
proceeding may not utilize the provisions of this paragraph in | ||
another forfeiture proceeding. If the owner of the vehicle | ||
seized owns more than one vehicle, the procedure set out in | ||
this paragraph may be used for only one vehicle. | ||
(e) In addition, property subject to forfeiture under | ||
Section 40 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act may be seized and forfeited under this Article. | ||
(Source: P.A. 102-982, eff. 7-1-23 .) | ||
Section 25. The Code of Criminal Procedure of 1963 is |
amended by changing Section 110-6.1 as follows: | ||
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) | ||
Sec. 110-6.1. Denial of pretrial release. | ||
(a) Upon verified petition by the State, the court shall | ||
hold a hearing and may deny a defendant pretrial release only | ||
if: | ||
(1) the defendant is charged with a felony offense | ||
other than a forcible felony for which, based on the | ||
charge or the defendant's criminal history, a sentence of | ||
imprisonment, without probation, periodic imprisonment or | ||
conditional discharge, is required by law upon conviction, | ||
and it is alleged that the defendant's pretrial release | ||
poses a real and present threat to the safety of any person | ||
or persons or the community, based on the specific | ||
articulable facts of the case; | ||
(1.5) the defendant's pretrial release poses a real | ||
and present threat to the safety of any person or persons | ||
or the community, based on the specific articulable facts | ||
of the case, and the defendant is charged with a forcible | ||
felony, which as used in this Section, means treason, | ||
first degree murder, second degree murder, predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, criminal sexual assault, armed robbery, | ||
aggravated robbery, robbery, burglary where there is use | ||
of force against another person, residential burglary, |
home invasion, vehicular invasion, aggravated arson, | ||
arson, aggravated kidnaping, kidnaping, aggravated battery | ||
resulting in great bodily harm or permanent disability or | ||
disfigurement or any other felony which involves the | ||
threat of or infliction of great bodily harm or permanent | ||
disability or disfigurement; | ||
(2) the defendant is charged with stalking or | ||
aggravated stalking, and it is alleged that the | ||
defendant's pre-trial release poses a real and present | ||
threat to the safety of a victim of the alleged offense, | ||
and denial of release is necessary to prevent fulfillment | ||
of the threat upon which the charge is based; | ||
(3) the defendant is charged with a violation of an | ||
order of protection issued under Section 112A-14 of this | ||
Code or Section 214 of the Illinois Domestic Violence Act | ||
of 1986, a stalking no contact order under Section 80 of | ||
the Stalking No Contact Order Act, or of a civil no contact | ||
order under Section 213 of the Civil No Contact Order Act, | ||
and it is alleged that the defendant's pretrial release | ||
poses a real and present threat to the safety of any person | ||
or persons or the community, based on the specific | ||
articulable facts of the case; | ||
(4) the defendant is charged with domestic battery or | ||
aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||
of the Criminal Code of 2012 and it is alleged that the | ||
defendant's pretrial release poses a real and present |
threat to the safety of any person or persons or the | ||
community, based on the specific articulable facts of the | ||
case; | ||
(5) the defendant is charged with any offense under | ||
Article 11 of the Criminal Code of 2012, except for | ||
Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, | ||
11-40, and 11-45 of the Criminal Code of 2012, or similar | ||
provisions of the Criminal Code of 1961 and it is alleged | ||
that the defendant's pretrial release poses a real and | ||
present threat to the safety of any person or persons or | ||
the community, based on the specific articulable facts of | ||
the case; | ||
(6) the defendant is charged with any of the following | ||
offenses under the Criminal Code of 2012, and it is | ||
alleged that the defendant's pretrial release poses a real | ||
and present threat to the safety of any person or persons | ||
or the community, based on the specific articulable facts | ||
of the case: | ||
(A) Section 24-1.2 (aggravated discharge of a | ||
firearm); | ||
(B) Section 24-2.5 (aggravated discharge of a | ||
machine gun or a firearm equipped with a device | ||
designed or use for silencing the report of a | ||
firearm); | ||
(C) Section 24-1.5 (reckless discharge of a | ||
firearm); |
(D) Section 24-1.7 ( unlawful possession of a | ||
firearm by a repeat felony offender armed habitual | ||
criminal ); | ||
(E) Section 24-2.2 (manufacture, sale or transfer | ||
of bullets or shells represented to be armor piercing | ||
bullets, dragon's breath shotgun shells, bolo shells, | ||
or flechette shells); | ||
(F) Section 24-3 (unlawful sale or delivery of | ||
firearms); | ||
(G) Section 24-3.3 (unlawful sale or delivery of | ||
firearms on the premises of any school); | ||
(H) Section 24-34 (unlawful sale of firearms by | ||
liquor license); | ||
(I) Section 24-3.5 (unlawful purchase of a | ||
firearm); | ||
(J) Section 24-3A (gunrunning); | ||
(K) Section 24-3B (firearms trafficking); | ||
(L) Section 10-9 (b) (involuntary servitude); | ||
(M) Section 10-9 (c) (involuntary sexual servitude | ||
of a minor); | ||
(N) Section 10-9(d) (trafficking in persons); | ||
(O) Non-probationable violations: (i) unlawful use | ||
or possession of weapons by felons or persons in the | ||
Custody of the Department of Corrections facilities | ||
(Section 24-1.1), (ii) aggravated unlawful possession | ||
use of a weapon (Section 24-1.6), or (iii) aggravated |
possession of a stolen firearm (Section 24-3.9); | ||
(P) Section 9-3 (reckless homicide and involuntary | ||
manslaughter); | ||
(Q) Section 19-3 (residential burglary); | ||
(R) Section 10-5 (child abduction); | ||
(S) Felony violations of Section 12C-5 (child | ||
endangerment); | ||
(T) Section 12-7.1 (hate crime); | ||
(U) Section 10-3.1 (aggravated unlawful | ||
restraint); | ||
(V) Section 12-9 (threatening a public official); | ||
(W) Subdivision (f)(1) of Section 12-3.05 | ||
(aggravated battery with a deadly weapon other than by | ||
discharge of a firearm); | ||
(6.5) the defendant is charged with any of the | ||
following offenses, and it is alleged that the defendant's | ||
pretrial release poses a real and present threat to the | ||
safety of any person or persons or the community, based on | ||
the specific articulable facts of the case: | ||
(A) Felony violations of Sections 3.01, 3.02, or | ||
3.03 of the Humane Care for Animals Act (cruel | ||
treatment, aggravated cruelty, and animal torture); | ||
(B) Subdivision (d)(1)(B) of Section 11-501 of the | ||
Illinois Vehicle Code (aggravated driving under the | ||
influence while operating a school bus with | ||
passengers); |
(C) Subdivision (d)(1)(C) of Section 11-501 of the | ||
Illinois Vehicle Code (aggravated driving under the | ||
influence causing great bodily harm); | ||
(D) Subdivision (d)(1)(D) of Section 11-501 of the | ||
Illinois Vehicle Code (aggravated driving under the | ||
influence after a previous reckless homicide | ||
conviction); | ||
(E) Subdivision (d)(1)(F) of Section 11-501 of the | ||
Illinois Vehicle Code (aggravated driving under the | ||
influence leading to death); or | ||
(F) Subdivision (d)(1)(J) of Section 11-501 of the | ||
Illinois Vehicle Code (aggravated driving under the | ||
influence that resulted in bodily harm to a child | ||
under the age of 16); | ||
(7) the defendant is charged with an attempt to commit | ||
any charge listed in paragraphs (1) through (6.5), and it | ||
is alleged that the defendant's pretrial release poses a | ||
real and present threat to the safety of any person or | ||
persons or the community, based on the specific | ||
articulable facts of the case; or | ||
(8) the person has a high likelihood of willful flight | ||
to avoid prosecution and is charged with: | ||
(A) Any felony described in subdivisions (a)(1) | ||
through (a)(7) of this Section; or | ||
(B) A felony offense other than a Class 4 offense. | ||
(b) If the charged offense is a felony, as part of the |
detention hearing, the court shall determine whether there is | ||
probable cause the defendant has committed an offense, unless | ||
a hearing pursuant to Section 109-3 of this Code has already | ||
been held or a grand jury has returned a true bill of | ||
indictment against the defendant. If there is a finding of no | ||
probable cause, the defendant shall be released. No such | ||
finding is necessary if the defendant is charged with a | ||
misdemeanor. | ||
(c) Timing of petition. | ||
(1) A petition may be filed without prior notice to | ||
the defendant at the first appearance before a judge, or | ||
within the 21 calendar days, except as provided in Section | ||
110-6, after arrest and release of the defendant upon | ||
reasonable notice to defendant; provided that while such | ||
petition is pending before the court, the defendant if | ||
previously released shall not be detained. | ||
(2) Upon filing, the court shall immediately hold a | ||
hearing on the petition unless a continuance is requested. | ||
If a continuance is requested and granted, the hearing | ||
shall be held within 48 hours of the defendant's first | ||
appearance if the defendant is charged with first degree | ||
murder or a Class X, Class 1, Class 2, or Class 3 felony, | ||
and within 24 hours if the defendant is charged with a | ||
Class 4 or misdemeanor offense. The Court may deny or | ||
grant the request for continuance. If the court decides to | ||
grant the continuance, the Court retains the discretion to |
detain or release the defendant in the time between the | ||
filing of the petition and the hearing. | ||
(d) Contents of petition. | ||
(1) The petition shall be verified by the State and | ||
shall state the grounds upon which it contends the | ||
defendant should be denied pretrial release, including the | ||
real and present threat to the safety of any person or | ||
persons or the community, based on the specific | ||
articulable facts or flight risk, as appropriate. | ||
(2) If the State seeks to file a second or subsequent | ||
petition under this Section, the State shall be required | ||
to present a verified application setting forth in detail | ||
any new facts not known or obtainable at the time of the | ||
filing of the previous petition. | ||
(e) Eligibility: All defendants shall be presumed eligible | ||
for pretrial release, and the State shall bear the burden of | ||
proving by clear and convincing evidence that: | ||
(1) the proof is evident or the presumption great that | ||
the defendant has committed an offense listed in | ||
subsection (a), and | ||
(2) for offenses listed in paragraphs (1) through (7) | ||
of subsection (a), the defendant poses a real and present | ||
threat to the safety of any person or persons or the | ||
community, based on the specific articulable facts of the | ||
case, by conduct which may include, but is not limited to, | ||
a forcible felony, the obstruction of justice, |
intimidation, injury, or abuse as defined by paragraph (1) | ||
of Section 103 of the Illinois Domestic Violence Act of | ||
1986, and | ||
(3) no condition or combination of conditions set | ||
forth in subsection (b) of Section 110-10 of this Article | ||
can mitigate (i) the real and present threat to the safety | ||
of any person or persons or the community, based on the | ||
specific articulable facts of the case, for offenses | ||
listed in paragraphs (1) through (7) of subsection (a), or | ||
(ii) the defendant's willful flight for offenses listed in | ||
paragraph (8) of subsection (a), and | ||
(4) for offenses under subsection (b) of Section 407 | ||
of the Illinois Controlled Substances Act that are subject | ||
to paragraph (1) of subsection (a), no condition or | ||
combination of conditions set forth in subsection (b) of | ||
Section 110-10 of this Article can mitigate the real and | ||
present threat to the safety of any person or persons or | ||
the community, based on the specific articulable facts of | ||
the case, and the defendant poses a serious risk to not | ||
appear in court as required. | ||
(f) Conduct of the hearings. | ||
(1) Prior to the hearing, the State shall tender to | ||
the defendant copies of the defendant's criminal history | ||
available, any written or recorded statements, and the | ||
substance of any oral statements made by any person, if | ||
relied upon by the State in its petition, and any police |
reports in the prosecutor's possession at the time of the | ||
hearing. | ||
(2) The State or defendant may present evidence at the | ||
hearing by way of proffer based upon reliable information. | ||
(3) The defendant has the right to be represented by | ||
counsel, and if he or she is indigent, to have counsel | ||
appointed for him or her. The defendant shall have the | ||
opportunity to testify, to present witnesses on his or her | ||
own behalf, and to cross-examine any witnesses that are | ||
called by the State. Defense counsel shall be given | ||
adequate opportunity to confer with the defendant before | ||
any hearing at which conditions of release or the | ||
detention of the defendant are to be considered, with an | ||
accommodation for a physical condition made to facilitate | ||
attorney/client consultation. If defense counsel needs to | ||
confer or consult with the defendant during any hearing | ||
conducted via a two-way audio-visual communication system, | ||
such consultation shall not be recorded and shall be | ||
undertaken consistent with constitutional protections. | ||
(3.5) A hearing at which pretrial release may be | ||
denied must be conducted in person (and not by way of | ||
two-way audio visual communication) unless the accused | ||
waives the right to be present physically in court, the | ||
court determines that the physical health and safety of | ||
any person necessary to the proceedings would be | ||
endangered by appearing in court, or the chief judge of |
the circuit orders use of that system due to operational | ||
challenges in conducting the hearing in person. Such | ||
operational challenges must be documented and approved by | ||
the chief judge of the circuit, and a plan to address the | ||
challenges through reasonable efforts must be presented | ||
and approved by the Administrative Office of the Illinois | ||
Courts every 6 months. | ||
(4) If the defense seeks to compel the complaining | ||
witness to testify as a witness in its favor, it shall | ||
petition the court for permission. When the ends of | ||
justice so require, the court may exercise its discretion | ||
and compel the appearance of a complaining witness. The | ||
court shall state on the record reasons for granting a | ||
defense request to compel the presence of a complaining | ||
witness only on the issue of the defendant's pretrial | ||
detention. In making a determination under this Section, | ||
the court shall state on the record the reason for | ||
granting a defense request to compel the presence of a | ||
complaining witness, and only grant the request if the | ||
court finds by clear and convincing evidence that the | ||
defendant will be materially prejudiced if the complaining | ||
witness does not appear. Cross-examination of a | ||
complaining witness at the pretrial detention hearing for | ||
the purpose of impeaching the witness' credibility is | ||
insufficient reason to compel the presence of the witness. | ||
In deciding whether to compel the appearance of a |
complaining witness, the court shall be considerate of the | ||
emotional and physical well-being of the witness. The | ||
pre-trial detention hearing is not to be used for purposes | ||
of discovery, and the post arraignment rules of discovery | ||
do not apply. The State shall tender to the defendant, | ||
prior to the hearing, copies, if any, of the defendant's | ||
criminal history, if available, and any written or | ||
recorded statements and the substance of any oral | ||
statements made by any person, if in the State's | ||
Attorney's possession at the time of the hearing. | ||
(5) The rules concerning the admissibility of evidence | ||
in criminal trials do not apply to the presentation and | ||
consideration of information at the hearing. At the trial | ||
concerning the offense for which the hearing was conducted | ||
neither the finding of the court nor any transcript or | ||
other record of the hearing shall be admissible in the | ||
State's case-in-chief, but shall be admissible for | ||
impeachment, or as provided in Section 115-10.1 of this | ||
Code, or in a perjury proceeding. | ||
(6) The defendant may not move to suppress evidence or | ||
a confession, however, evidence that proof of the charged | ||
crime may have been the result of an unlawful search or | ||
seizure, or both, or through improper interrogation, is | ||
relevant in assessing the weight of the evidence against | ||
the defendant. | ||
(7) Decisions regarding release, conditions of |
release, and detention prior to trial must be | ||
individualized, and no single factor or standard may be | ||
used exclusively to order detention. Risk assessment tools | ||
may not be used as the sole basis to deny pretrial release. | ||
(g) Factors to be considered in making a determination of | ||
dangerousness. The court may, in determining whether the | ||
defendant poses a real and present threat to the safety of any | ||
person or persons or the community, based on the specific | ||
articulable facts of the case, consider, but shall not be | ||
limited to, evidence or testimony concerning: | ||
(1) The nature and circumstances of any offense | ||
charged, including whether the offense is a crime of | ||
violence, involving a weapon, or a sex offense. | ||
(2) The history and characteristics of the defendant | ||
including: | ||
(A) Any evidence of the defendant's prior criminal | ||
history indicative of violent, abusive or assaultive | ||
behavior, or lack of such behavior. Such evidence may | ||
include testimony or documents received in juvenile | ||
proceedings, criminal, quasi-criminal, civil | ||
commitment, domestic relations, or other proceedings. | ||
(B) Any evidence of the defendant's psychological, | ||
psychiatric or other similar social history which | ||
tends to indicate a violent, abusive, or assaultive | ||
nature, or lack of any such history. | ||
(3) The identity of any person or persons to whose |
safety the defendant is believed to pose a threat, and the | ||
nature of the threat. | ||
(4) Any statements made by, or attributed to the | ||
defendant, together with the circumstances surrounding | ||
them. | ||
(5) The age and physical condition of the defendant. | ||
(6) The age and physical condition of any victim or | ||
complaining witness. | ||
(7) Whether the defendant is known to possess or have | ||
access to any weapon or weapons. | ||
(8) Whether, at the time of the current offense or any | ||
other offense or arrest, the defendant was on probation, | ||
parole, aftercare release, mandatory supervised release or | ||
other release from custody pending trial, sentencing, | ||
appeal or completion of sentence for an offense under | ||
federal or state law. | ||
(9) Any other factors, including those listed in | ||
Section 110-5 of this Article deemed by the court to have a | ||
reasonable bearing upon the defendant's propensity or | ||
reputation for violent, abusive, or assaultive behavior, | ||
or lack of such behavior. | ||
(h) Detention order. The court shall, in any order for | ||
detention: | ||
(1) make a written finding summarizing the court's | ||
reasons for concluding that the defendant should be denied | ||
pretrial release, including why less restrictive |
conditions would not avoid a real and present threat to | ||
the safety of any person or persons or the community, | ||
based on the specific articulable facts of the case, or | ||
prevent the defendant's willful flight from prosecution; | ||
(2) direct that the defendant be committed to the | ||
custody of the sheriff for confinement in the county jail | ||
pending trial; | ||
(3) direct that the defendant be given a reasonable | ||
opportunity for private consultation with counsel, and for | ||
communication with others of his or her choice by | ||
visitation, mail and telephone; and | ||
(4) direct that the sheriff deliver the defendant as | ||
required for appearances in connection with court | ||
proceedings. | ||
(i) Detention. If the court enters an order for the | ||
detention of the defendant pursuant to subsection (e) of this | ||
Section, the defendant shall be brought to trial on the | ||
offense for which he is detained within 90 days after the date | ||
on which the order for detention was entered. If the defendant | ||
is not brought to trial within the 90-day period required by | ||
the preceding sentence, he shall not be denied pretrial | ||
release. In computing the 90-day period, the court shall omit | ||
any period of delay resulting from a continuance granted at | ||
the request of the defendant and any period of delay resulting | ||
from a continuance granted at the request of the State with | ||
good cause shown pursuant to Section 103-5. |
(i-5) At each subsequent appearance of the defendant | ||
before the court, the judge must find that continued detention | ||
is necessary to avoid a real and present threat to the safety | ||
of any person or persons or the community, based on the | ||
specific articulable facts of the case, or to prevent the | ||
defendant's willful flight from prosecution. | ||
(j) Rights of the defendant. The defendant shall be | ||
entitled to appeal any order entered under this Section | ||
denying his or her pretrial release. | ||
(k) Appeal. The State may appeal any order entered under | ||
this Section denying any motion for denial of pretrial | ||
release. | ||
(l) Presumption of innocence. Nothing in this Section | ||
shall be construed as modifying or limiting in any way the | ||
defendant's presumption of innocence in further criminal | ||
proceedings. | ||
(m) Interest of victims. | ||
(1) Crime victims shall be given notice by the State's | ||
Attorney's office of this hearing as required in paragraph (1) | ||
of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||
and Witnesses Act and shall be informed of their opportunity | ||
at this hearing to obtain a protective order. | ||
(2) If the defendant is denied pretrial release, the court | ||
may impose a no contact provision with the victim or other | ||
interested party that shall be enforced while the defendant | ||
remains in custody. |
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23 .) | ||
Section 30. The Unified Code of Corrections is amended by | ||
changing Sections 3-6-3, 5-5-3.2, and 5-6-3.6 as follows: | ||
(730 ILCS 5/3-6-3) | ||
Sec. 3-6-3. Rules and regulations for sentence credit. | ||
(a)(1) The Department of Corrections shall prescribe rules | ||
and regulations for awarding and revoking sentence credit for | ||
persons committed to the Department of Corrections and the | ||
Department of Juvenile Justice shall prescribe rules and | ||
regulations for awarding and revoking sentence credit for | ||
persons committed to the Department of Juvenile Justice under | ||
Section 5-8-6 of the Unified Code of Corrections, which shall | ||
be subject to review by the Prisoner Review Board. | ||
(1.5) As otherwise provided by law, sentence credit may be | ||
awarded for the following: | ||
(A) successful completion of programming while in | ||
custody of the Department of Corrections or the Department | ||
of Juvenile Justice or while in custody prior to | ||
sentencing; | ||
(B) compliance with the rules and regulations of the | ||
Department; or | ||
(C) service to the institution, service to a | ||
community, or service to the State. | ||
(2) Except as provided in paragraph (4.7) of this |
subsection (a), the rules and regulations on sentence credit | ||
shall provide, with respect to offenses listed in clause (i), | ||
(ii), or (iii) of this paragraph (2) committed on or after June | ||
19, 1998 or with respect to the offense listed in clause (iv) | ||
of this paragraph (2) committed on or after June 23, 2005 (the | ||
effective date of Public Act 94-71) or with respect to offense | ||
listed in clause (vi) committed on or after June 1, 2008 (the | ||
effective date of Public Act 95-625) or with respect to the | ||
offense of unlawful possession of a firearm by a repeat felony | ||
offender being an armed habitual criminal committed on or | ||
after August 2, 2005 (the effective date of Public Act 94-398) | ||
or with respect to the offenses listed in clause (v) of this | ||
paragraph (2) committed on or after August 13, 2007 (the | ||
effective date of Public Act 95-134) or with respect to the | ||
offense of aggravated domestic battery committed on or after | ||
July 23, 2010 (the effective date of Public Act 96-1224) or | ||
with respect to the offense of attempt to commit terrorism | ||
committed on or after January 1, 2013 (the effective date of | ||
Public Act 97-990), the following: | ||
(i) that a prisoner who is serving a term of | ||
imprisonment for first degree murder or for the offense of | ||
terrorism shall receive no sentence credit and shall serve | ||
the entire sentence imposed by the court; | ||
(ii) that a prisoner serving a sentence for attempt to | ||
commit terrorism, attempt to commit first degree murder, | ||
solicitation of murder, solicitation of murder for hire, |
intentional homicide of an unborn child, predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, criminal sexual assault, aggravated | ||
kidnapping, aggravated battery with a firearm as described | ||
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||
or (e)(4) of Section 12-3.05, heinous battery as described | ||
in Section 12-4.1 or subdivision (a)(2) of Section | ||
12-3.05, u | ||
nlawful possession of a firearm by a repeat | ||
felony offender being an armed habitual criminal , | ||
aggravated battery of a senior citizen as described in | ||
Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, | ||
or aggravated battery of a child as described in Section | ||
12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||
receive no more than 4.5 days of sentence credit for each | ||
month of his or her sentence of imprisonment; | ||
(iii) that a prisoner serving a sentence for home | ||
invasion, armed robbery, aggravated vehicular hijacking, | ||
aggravated discharge of a firearm, or armed violence with | ||
a category I weapon or category II weapon, when the court | ||
has made and entered a finding, pursuant to subsection | ||
(c-1) of Section 5-4-1 of this Code, that the conduct | ||
leading to conviction for the enumerated offense resulted | ||
in great bodily harm to a victim, shall receive no more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment; | ||
(iv) that a prisoner serving a sentence for aggravated |
discharge of a firearm, whether or not the conduct leading | ||
to conviction for the offense resulted in great bodily | ||
harm to the victim, shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment; | ||
(v) that a person serving a sentence for gunrunning, | ||
narcotics racketeering, controlled substance trafficking, | ||
methamphetamine trafficking, drug-induced homicide, | ||
aggravated methamphetamine-related child endangerment, | ||
money laundering pursuant to clause (c) (4) or (5) of | ||
Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a Class X felony conviction for delivery | ||
of a controlled substance, possession of a controlled | ||
substance with intent to manufacture or deliver, | ||
calculated criminal drug conspiracy, criminal drug | ||
conspiracy, street gang criminal drug conspiracy, | ||
participation in methamphetamine manufacturing, | ||
aggravated participation in methamphetamine | ||
manufacturing, delivery of methamphetamine, possession | ||
with intent to deliver methamphetamine, aggravated | ||
delivery of methamphetamine, aggravated possession with | ||
intent to deliver methamphetamine, methamphetamine | ||
conspiracy when the substance containing the controlled | ||
substance or methamphetamine is 100 grams or more shall | ||
receive no more than 7.5 days sentence credit for each | ||
month of his or her sentence of imprisonment; |
(vi) that a prisoner serving a sentence for a second | ||
or subsequent offense of luring a minor shall receive no | ||
more than 4.5 days of sentence credit for each month of his | ||
or her sentence of imprisonment; and | ||
(vii) that a prisoner serving a sentence for | ||
aggravated domestic battery shall receive no more than 4.5 | ||
days of sentence credit for each month of his or her | ||
sentence of imprisonment. | ||
(2.1) For all offenses, other than those enumerated in | ||
subdivision (a)(2)(i), (ii), or (iii) committed on or after | ||
June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||
June 23, 2005 (the effective date of Public Act 94-71) or | ||
subdivision (a)(2)(v) committed on or after August 13, 2007 | ||
(the effective date of Public Act 95-134) or subdivision | ||
(a)(2)(vi) committed on or after June 1, 2008 (the effective | ||
date of Public Act 95-625) or subdivision (a)(2)(vii) | ||
committed on or after July 23, 2010 (the effective date of | ||
Public Act 96-1224), and other than the offense of aggravated | ||
driving under the influence of alcohol, other drug or drugs, | ||
or intoxicating compound or compounds, or any combination | ||
thereof as defined in subparagraph (F) of paragraph (1) of | ||
subsection (d) of Section 11-501 of the Illinois Vehicle Code, | ||
and other than the offense of aggravated driving under the | ||
influence of alcohol, other drug or drugs, or intoxicating | ||
compound or compounds, or any combination thereof as defined | ||
in subparagraph (C) of paragraph (1) of subsection (d) of |
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230), the rules and regulations shall provide that a | ||
prisoner who is serving a term of imprisonment shall receive | ||
one day of sentence credit for each day of his or her sentence | ||
of imprisonment or recommitment under Section 3-3-9. Each day | ||
of sentence credit shall reduce by one day the prisoner's | ||
period of imprisonment or recommitment under Section 3-3-9. | ||
(2.2) A prisoner serving a term of natural life | ||
imprisonment shall receive no sentence credit. | ||
(2.3) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds, or any | ||
combination thereof as defined in subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the | ||
Illinois Vehicle Code, shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment. | ||
(2.4) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide with respect to the offenses of aggravated | ||
battery with a machine gun or a firearm equipped with any | ||
device or attachment designed or used for silencing the report | ||
of a firearm or aggravated discharge of a machine gun or a |
firearm equipped with any device or attachment designed or | ||
used for silencing the report of a firearm, committed on or | ||
after July 15, 1999 (the effective date of Public Act 91-121), | ||
that a prisoner serving a sentence for any of these offenses | ||
shall receive no more than 4.5 days of sentence credit for each | ||
month of his or her sentence of imprisonment. | ||
(2.5) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a prisoner who is serving a sentence for | ||
aggravated arson committed on or after July 27, 2001 (the | ||
effective date of Public Act 92-176) shall receive no more | ||
than 4.5 days of sentence credit for each month of his or her | ||
sentence of imprisonment. | ||
(2.6) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds or any | ||
combination thereof as defined in subparagraph (C) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the | ||
Illinois Vehicle Code committed on or after January 1, 2011 | ||
(the effective date of Public Act 96-1230) shall receive no | ||
more than 4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment. | ||
(3) In addition to the sentence credits earned under | ||
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this |
subsection (a), the rules and regulations shall also provide | ||
that the Director of Corrections or the Director of Juvenile | ||
Justice may award up to 180 days of earned sentence credit for | ||
prisoners serving a sentence of incarceration of less than 5 | ||
years, and up to 365 days of earned sentence credit for | ||
prisoners serving a sentence of 5 years or longer. The | ||
Director may grant this credit for good conduct in specific | ||
instances as either Director deems proper for eligible persons | ||
in the custody of each Director's respective Department. The | ||
good conduct may include, but is not limited to, compliance | ||
with the rules and regulations of the Department, service to | ||
the Department, service to a community, or service to the | ||
State. | ||
Eligible inmates for an award of earned sentence credit | ||
under this paragraph (3) may be selected to receive the credit | ||
at either Director's or his or her designee's sole discretion. | ||
Eligibility for the additional earned sentence credit under | ||
this paragraph (3) may be based on, but is not limited to, | ||
participation in programming offered by the Department as | ||
appropriate for the prisoner based on the results of any | ||
available risk/needs assessment or other relevant assessments | ||
or evaluations administered by the Department using a | ||
validated instrument, the circumstances of the crime, | ||
demonstrated commitment to rehabilitation by a prisoner with a | ||
history of conviction for a forcible felony enumerated in | ||
Section 2-8 of the Criminal Code of 2012, the inmate's |
behavior and improvements in disciplinary history while | ||
incarcerated, and the inmate's commitment to rehabilitation, | ||
including participation in programming offered by the | ||
Department. | ||
The Director of Corrections or the Director of Juvenile | ||
Justice shall not award sentence credit under this paragraph | ||
(3) to an inmate unless the inmate has served a minimum of 60 | ||
days of the sentence, including time served in a county jail; | ||
except nothing in this paragraph shall be construed to permit | ||
either Director to extend an inmate's sentence beyond that | ||
which was imposed by the court. Prior to awarding credit under | ||
this paragraph (3), each Director shall make a written | ||
determination that the inmate: | ||
(A) is eligible for the earned sentence credit; | ||
(B) has served a minimum of 60 days, or as close to 60 | ||
days as the sentence will allow; | ||
(B-1) has received a risk/needs assessment or other | ||
relevant evaluation or assessment administered by the | ||
Department using a validated instrument; and | ||
(C) has met the eligibility criteria established by | ||
rule for earned sentence credit. | ||
The Director of Corrections or the Director of Juvenile | ||
Justice shall determine the form and content of the written | ||
determination required in this subsection. | ||
(3.5) The Department shall provide annual written reports | ||
to the Governor and the General Assembly on the award of earned |
sentence credit no later than February 1 of each year. The | ||
Department must publish both reports on its website within 48 | ||
hours of transmitting the reports to the Governor and the | ||
General Assembly. The reports must include: | ||
(A) the number of inmates awarded earned sentence | ||
credit; | ||
(B) the average amount of earned sentence credit | ||
awarded; | ||
(C) the holding offenses of inmates awarded earned | ||
sentence credit; and | ||
(D) the number of earned sentence credit revocations. | ||
(4)(A) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that any prisoner who is engaged full-time in substance abuse | ||
programs, correctional industry assignments, educational | ||
programs, work-release programs or activities in accordance | ||
with Article 13 of Chapter III of this Code, behavior | ||
modification programs, life skills courses, or re-entry | ||
planning provided by the Department under this paragraph (4) | ||
and satisfactorily completes the assigned program as | ||
determined by the standards of the Department, shall receive | ||
one day of sentence credit for each day in which that prisoner | ||
is engaged in the activities described in this paragraph. The | ||
rules and regulations shall also provide that sentence credit | ||
may be provided to an inmate who was held in pre-trial | ||
detention prior to his or her current commitment to the |
Department of Corrections and successfully completed a | ||
full-time, 60-day or longer substance abuse program, | ||
educational program, behavior modification program, life | ||
skills course, or re-entry planning provided by the county | ||
department of corrections or county jail. Calculation of this | ||
county program credit shall be done at sentencing as provided | ||
in Section 5-4.5-100 of this Code and shall be included in the | ||
sentencing order. The rules and regulations shall also provide | ||
that sentence credit may be provided to an inmate who is in | ||
compliance with programming requirements in an adult | ||
transition center. | ||
(B) The Department shall award sentence credit under this | ||
paragraph (4) accumulated prior to January 1, 2020 (the | ||
effective date of Public Act 101-440) in an amount specified | ||
in subparagraph (C) of this paragraph (4) to an inmate serving | ||
a sentence for an offense committed prior to June 19, 1998, if | ||
the Department determines that the inmate is entitled to this | ||
sentence credit, based upon: | ||
(i) documentation provided by the Department that the | ||
inmate engaged in any full-time substance abuse programs, | ||
correctional industry assignments, educational programs, | ||
behavior modification programs, life skills courses, or | ||
re-entry planning provided by the Department under this | ||
paragraph (4) and satisfactorily completed the assigned | ||
program as determined by the standards of the Department | ||
during the inmate's current term of incarceration; or |
(ii) the inmate's own testimony in the form of an | ||
affidavit or documentation, or a third party's | ||
documentation or testimony in the form of an affidavit | ||
that the inmate likely engaged in any full-time substance | ||
abuse programs, correctional industry assignments, | ||
educational programs, behavior modification programs, life | ||
skills courses, or re-entry planning provided by the | ||
Department under paragraph (4) and satisfactorily | ||
completed the assigned program as determined by the | ||
standards of the Department during the inmate's current | ||
term of incarceration. | ||
(C) If the inmate can provide documentation that he or she | ||
is entitled to sentence credit under subparagraph (B) in | ||
excess of 45 days of participation in those programs, the | ||
inmate shall receive 90 days of sentence credit. If the inmate | ||
cannot provide documentation of more than 45 days of | ||
participation in those programs, the inmate shall receive 45 | ||
days of sentence credit. In the event of a disagreement | ||
between the Department and the inmate as to the amount of | ||
credit accumulated under subparagraph (B), if the Department | ||
provides documented proof of a lesser amount of days of | ||
participation in those programs, that proof shall control. If | ||
the Department provides no documentary proof, the inmate's | ||
proof as set forth in clause (ii) of subparagraph (B) shall | ||
control as to the amount of sentence credit provided. | ||
(D) If the inmate has been convicted of a sex offense as |
defined in Section 2 of the Sex Offender Registration Act, | ||
sentencing credits under subparagraph (B) of this paragraph | ||
(4) shall be awarded by the Department only if the conditions | ||
set forth in paragraph (4.6) of subsection (a) are satisfied. | ||
No inmate serving a term of natural life imprisonment shall | ||
receive sentence credit under subparagraph (B) of this | ||
paragraph (4). | ||
(E) The rules and regulations shall provide for the | ||
recalculation of program credits awarded pursuant to this | ||
paragraph (4) prior to July 1, 2021 (the effective date of | ||
Public Act 101-652) at the rate set for such credits on and | ||
after July 1, 2021. | ||
Educational, vocational, substance abuse, behavior | ||
modification programs, life skills courses, re-entry planning, | ||
and correctional industry programs under which sentence credit | ||
may be earned under this paragraph (4) and paragraph (4.1) of | ||
this subsection (a) shall be evaluated by the Department on | ||
the basis of documented standards. The Department shall report | ||
the results of these evaluations to the Governor and the | ||
General Assembly by September 30th of each year. The reports | ||
shall include data relating to the recidivism rate among | ||
program participants. | ||
Availability of these programs shall be subject to the | ||
limits of fiscal resources appropriated by the General | ||
Assembly for these purposes. Eligible inmates who are denied | ||
immediate admission shall be placed on a waiting list under |
criteria established by the Department. The rules and | ||
regulations shall provide that a prisoner who has been placed | ||
on a waiting list but is transferred for non-disciplinary | ||
reasons before beginning a program shall receive priority | ||
placement on the waitlist for appropriate programs at the new | ||
facility. The inability of any inmate to become engaged in any | ||
such programs by reason of insufficient program resources or | ||
for any other reason established under the rules and | ||
regulations of the Department shall not be deemed a cause of | ||
action under which the Department or any employee or agent of | ||
the Department shall be liable for damages to the inmate. The | ||
rules and regulations shall provide that a prisoner who begins | ||
an educational, vocational, substance abuse, work-release | ||
programs or activities in accordance with Article 13 of | ||
Chapter III of this Code, behavior modification program, life | ||
skills course, re-entry planning, or correctional industry | ||
programs but is unable to complete the program due to illness, | ||
disability, transfer, lockdown, or another reason outside of | ||
the prisoner's control shall receive prorated sentence credits | ||
for the days in which the prisoner did participate. | ||
(4.1) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that an additional 90 days of sentence credit shall be awarded | ||
to any prisoner who passes high school equivalency testing | ||
while the prisoner is committed to the Department of | ||
Corrections. The sentence credit awarded under this paragraph |
(4.1) shall be in addition to, and shall not affect, the award | ||
of sentence credit under any other paragraph of this Section, | ||
but shall also be pursuant to the guidelines and restrictions | ||
set forth in paragraph (4) of subsection (a) of this Section. | ||
The sentence credit provided for in this paragraph shall be | ||
available only to those prisoners who have not previously | ||
earned a high school diploma or a State of Illinois High School | ||
Diploma. If, after an award of the high school equivalency | ||
testing sentence credit has been made, the Department | ||
determines that the prisoner was not eligible, then the award | ||
shall be revoked. The Department may also award 90 days of | ||
sentence credit to any committed person who passed high school | ||
equivalency testing while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department of | ||
Corrections. Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall provide that | ||
an additional 120 days of sentence credit shall be awarded to | ||
any prisoner who obtains an associate degree while the | ||
prisoner is committed to the Department of Corrections, | ||
regardless of the date that the associate degree was obtained, | ||
including if prior to July 1, 2021 (the effective date of | ||
Public Act 101-652). The sentence credit awarded under this | ||
paragraph (4.1) shall be in addition to, and shall not affect, | ||
the award of sentence credit under any other paragraph of this | ||
Section, but shall also be under the guidelines and | ||
restrictions set forth in paragraph (4) of subsection (a) of |
this Section. The sentence credit provided for in this | ||
paragraph (4.1) shall be available only to those prisoners who | ||
have not previously earned an associate degree prior to the | ||
current commitment to the Department of Corrections. If, after | ||
an award of the associate degree sentence credit has been made | ||
and the Department determines that the prisoner was not | ||
eligible, then the award shall be revoked. The Department may | ||
also award 120 days of sentence credit to any committed person | ||
who earned an associate degree while he or she was held in | ||
pre-trial detention prior to the current commitment to the | ||
Department of Corrections. | ||
Except as provided in paragraph (4.7) of this subsection | ||
(a), the rules and regulations shall provide that an | ||
additional 180 days of sentence credit shall be awarded to any | ||
prisoner who obtains a bachelor's degree while the prisoner is | ||
committed to the Department of Corrections. The sentence | ||
credit awarded under this paragraph (4.1) shall be in addition | ||
to, and shall not affect, the award of sentence credit under | ||
any other paragraph of this Section, but shall also be under | ||
the guidelines and restrictions set forth in paragraph (4) of | ||
this subsection (a). The sentence credit provided for in this | ||
paragraph shall be available only to those prisoners who have | ||
not earned a bachelor's degree prior to the current commitment | ||
to the Department of Corrections. If, after an award of the | ||
bachelor's degree sentence credit has been made, the | ||
Department determines that the prisoner was not eligible, then |
the award shall be revoked. The Department may also award 180 | ||
days of sentence credit to any committed person who earned a | ||
bachelor's degree while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department of | ||
Corrections. | ||
Except as provided in paragraph (4.7) of this subsection | ||
(a), the rules and regulations shall provide that an | ||
additional 180 days of sentence credit shall be awarded to any | ||
prisoner who obtains a master's or professional degree while | ||
the prisoner is committed to the Department of Corrections. | ||
The sentence credit awarded under this paragraph (4.1) shall | ||
be in addition to, and shall not affect, the award of sentence | ||
credit under any other paragraph of this Section, but shall | ||
also be under the guidelines and restrictions set forth in | ||
paragraph (4) of this subsection (a). The sentence credit | ||
provided for in this paragraph shall be available only to | ||
those prisoners who have not previously earned a master's or | ||
professional degree prior to the current commitment to the | ||
Department of Corrections. If, after an award of the master's | ||
or professional degree sentence credit has been made, the | ||
Department determines that the prisoner was not eligible, then | ||
the award shall be revoked. The Department may also award 180 | ||
days of sentence credit to any committed person who earned a | ||
master's or professional degree while he or she was held in | ||
pre-trial detention prior to the current commitment to the | ||
Department of Corrections. |
(4.2)(A) The rules and regulations shall also provide that | ||
any prisoner engaged in self-improvement programs, volunteer | ||
work, or work assignments that are not otherwise eligible | ||
activities under paragraph (4), shall receive up to 0.5 days | ||
of sentence credit for each day in which the prisoner is | ||
engaged in activities described in this paragraph. | ||
(B) The rules and regulations shall provide for the award | ||
of sentence credit under this paragraph (4.2) for qualifying | ||
days of engagement in eligible activities occurring prior to | ||
July 1, 2021 (the effective date of Public Act 101-652). | ||
(4.5) The rules and regulations on sentence credit shall | ||
also provide that when the court's sentencing order recommends | ||
a prisoner for substance abuse treatment and the crime was | ||
committed on or after September 1, 2003 (the effective date of | ||
Public Act 93-354), the prisoner shall receive no sentence | ||
credit awarded under clause (3) of this subsection (a) unless | ||
he or she participates in and completes a substance abuse | ||
treatment program. The Director of Corrections may waive the | ||
requirement to participate in or complete a substance abuse | ||
treatment program in specific instances if the prisoner is not | ||
a good candidate for a substance abuse treatment program for | ||
medical, programming, or operational reasons. Availability of | ||
substance abuse treatment shall be subject to the limits of | ||
fiscal resources appropriated by the General Assembly for | ||
these purposes. If treatment is not available and the | ||
requirement to participate and complete the treatment has not |
been waived by the Director, the prisoner shall be placed on a | ||
waiting list under criteria established by the Department. The | ||
Director may allow a prisoner placed on a waiting list to | ||
participate in and complete a substance abuse education class | ||
or attend substance abuse self-help meetings in lieu of a | ||
substance abuse treatment program. A prisoner on a waiting | ||
list who is not placed in a substance abuse program prior to | ||
release may be eligible for a waiver and receive sentence | ||
credit under clause (3) of this subsection (a) at the | ||
discretion of the Director. | ||
(4.6) The rules and regulations on sentence credit shall | ||
also provide that a prisoner who has been convicted of a sex | ||
offense as defined in Section 2 of the Sex Offender | ||
Registration Act shall receive no sentence credit unless he or | ||
she either has successfully completed or is participating in | ||
sex offender treatment as defined by the Sex Offender | ||
Management Board. However, prisoners who are waiting to | ||
receive treatment, but who are unable to do so due solely to | ||
the lack of resources on the part of the Department, may, at | ||
either Director's sole discretion, be awarded sentence credit | ||
at a rate as the Director shall determine. | ||
(4.7) On or after January 1, 2018 (the effective date of | ||
Public Act 100-3), sentence credit under paragraph (3), (4), | ||
or (4.1) of this subsection (a) may be awarded to a prisoner | ||
who is serving a sentence for an offense described in | ||
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
on or after January 1, 2018 (the effective date of Public Act | ||
100-3); provided, the award of the credits under this | ||
paragraph (4.7) shall not reduce the sentence of the prisoner | ||
to less than the following amounts: | ||
(i) 85% of his or her sentence if the prisoner is | ||
required to serve 85% of his or her sentence; or | ||
(ii) 60% of his or her sentence if the prisoner is | ||
required to serve 75% of his or her sentence, except if the | ||
prisoner is serving a sentence for gunrunning his or her | ||
sentence shall not be reduced to less than 75%. | ||
(iii) 100% of his or her sentence if the prisoner is | ||
required to serve 100% of his or her sentence. | ||
(5) Whenever the Department is to release any inmate | ||
earlier than it otherwise would because of a grant of earned | ||
sentence credit under paragraph (3) of subsection (a) of this | ||
Section given at any time during the term, the Department | ||
shall give reasonable notice of the impending release not less | ||
than 14 days prior to the date of the release to the State's | ||
Attorney of the county where the prosecution of the inmate | ||
took place, and if applicable, the State's Attorney of the | ||
county into which the inmate will be released. The Department | ||
must also make identification information and a recent photo | ||
of the inmate being released accessible on the Internet by | ||
means of a hyperlink labeled "Community Notification of Inmate | ||
Early Release" on the Department's World Wide Web homepage. | ||
The identification information shall include the inmate's: |
name, any known alias, date of birth, physical | ||
characteristics, commitment offense, and county where | ||
conviction was imposed. The identification information shall | ||
be placed on the website within 3 days of the inmate's release | ||
and the information may not be removed until either: | ||
completion of the first year of mandatory supervised release | ||
or return of the inmate to custody of the Department. | ||
(b) Whenever a person is or has been committed under | ||
several convictions, with separate sentences, the sentences | ||
shall be construed under Section 5-8-4 in granting and | ||
forfeiting of sentence credit. | ||
(c) (1) The Department shall prescribe rules and | ||
regulations for revoking sentence credit, including revoking | ||
sentence credit awarded under paragraph (3) of subsection (a) | ||
of this Section. The Department shall prescribe rules and | ||
regulations establishing and requiring the use of a sanctions | ||
matrix for revoking sentence credit. The Department shall | ||
prescribe rules and regulations for suspending or reducing the | ||
rate of accumulation of sentence credit for specific rule | ||
violations, during imprisonment. These rules and regulations | ||
shall provide that no inmate may be penalized more than one | ||
year of sentence credit for any one infraction. | ||
(2) When the Department seeks to revoke, suspend, or | ||
reduce the rate of accumulation of any sentence credits for an | ||
alleged infraction of its rules, it shall bring charges | ||
therefor against the prisoner sought to be so deprived of |
sentence credits before the Prisoner Review Board as provided | ||
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | ||
amount of credit at issue exceeds 30 days, whether from one | ||
infraction or cumulatively from multiple infractions arising | ||
out of a single event, or when, during any 12-month period, the | ||
cumulative amount of credit revoked exceeds 30 days except | ||
where the infraction is committed or discovered within 60 days | ||
of scheduled release. In those cases, the Department of | ||
Corrections may revoke up to 30 days of sentence credit. The | ||
Board may subsequently approve the revocation of additional | ||
sentence credit, if the Department seeks to revoke sentence | ||
credit in excess of 30 days. However, the Board shall not be | ||
empowered to review the Department's decision with respect to | ||
the loss of 30 days of sentence credit within any calendar year | ||
for any prisoner or to increase any penalty beyond the length | ||
requested by the Department. | ||
(3) The Director of Corrections or the Director of | ||
Juvenile Justice, in appropriate cases, may restore sentence | ||
credits which have been revoked, suspended, or reduced. The | ||
Department shall prescribe rules and regulations governing the | ||
restoration of sentence credits. These rules and regulations | ||
shall provide for the automatic restoration of sentence | ||
credits following a period in which the prisoner maintains a | ||
record without a disciplinary violation. | ||
Nothing contained in this Section shall prohibit the | ||
Prisoner Review Board from ordering, pursuant to Section |
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | ||
sentence imposed by the court that was not served due to the | ||
accumulation of sentence credit. | ||
(d) If a lawsuit is filed by a prisoner in an Illinois or | ||
federal court against the State, the Department of | ||
Corrections, or the Prisoner Review Board, or against any of | ||
their officers or employees, and the court makes a specific | ||
finding that a pleading, motion, or other paper filed by the | ||
prisoner is frivolous, the Department of Corrections shall | ||
conduct a hearing to revoke up to 180 days of sentence credit | ||
by bringing charges against the prisoner sought to be deprived | ||
of the sentence credits before the Prisoner Review Board as | ||
provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | ||
If the prisoner has not accumulated 180 days of sentence | ||
credit at the time of the finding, then the Prisoner Review | ||
Board may revoke all sentence credit accumulated by the | ||
prisoner. | ||
For purposes of this subsection (d): | ||
(1) "Frivolous" means that a pleading, motion, or | ||
other filing which purports to be a legal document filed | ||
by a prisoner in his or her lawsuit meets any or all of the | ||
following criteria: | ||
(A) it lacks an arguable basis either in law or in | ||
fact; | ||
(B) it is being presented for any improper | ||
purpose, such as to harass or to cause unnecessary |
delay or needless increase in the cost of litigation; | ||
(C) the claims, defenses, and other legal | ||
contentions therein are not warranted by existing law | ||
or by a nonfrivolous argument for the extension, | ||
modification, or reversal of existing law or the | ||
establishment of new law; | ||
(D) the allegations and other factual contentions | ||
do not have evidentiary support or, if specifically so | ||
identified, are not likely to have evidentiary support | ||
after a reasonable opportunity for further | ||
investigation or discovery; or | ||
(E) the denials of factual contentions are not | ||
warranted on the evidence, or if specifically so | ||
identified, are not reasonably based on a lack of | ||
information or belief. | ||
(2) "Lawsuit" means a motion pursuant to Section 116-3 | ||
of the Code of Criminal Procedure of 1963, a habeas corpus | ||
action under Article X of the Code of Civil Procedure or | ||
under federal law (28 U.S.C. 2254), a petition for claim | ||
under the Court of Claims Act, an action under the federal | ||
Civil Rights Act (42 U.S.C. 1983), or a second or | ||
subsequent petition for post-conviction relief under | ||
Article 122 of the Code of Criminal Procedure of 1963 | ||
whether filed with or without leave of court or a second or | ||
subsequent petition for relief from judgment under Section | ||
2-1401 of the Code of Civil Procedure. |
(e) Nothing in Public Act 90-592 or 90-593 affects the | ||
validity of Public Act 89-404. | ||
(f) Whenever the Department is to release any inmate who | ||
has been convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, earlier than it otherwise would | ||
because of a grant of sentence credit, the Department, as a | ||
condition of release, shall require that the person, upon | ||
release, be placed under electronic surveillance as provided | ||
in Section 5-8A-7 of this Code. | ||
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; | ||
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. | ||
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised | ||
12-15-23.) | ||
(730 ILCS 5/5-5-3.2) | ||
Sec. 5-5-3.2. Factors in aggravation and extended-term | ||
sentencing. | ||
(a) The following factors shall be accorded weight in | ||
favor of imposing a term of imprisonment or may be considered | ||
by the court as reasons to impose a more severe sentence under | ||
Section 5-8-1 or Article 4.5 of Chapter V: | ||
(1) the defendant's conduct caused or threatened | ||
serious harm; | ||
(2) the defendant received compensation for committing | ||
the offense; |
(3) the defendant has a history of prior delinquency | ||
or criminal activity; | ||
(4) the defendant, by the duties of his office or by | ||
his position, was obliged to prevent the particular | ||
offense committed or to bring the offenders committing it | ||
to justice; | ||
(5) the defendant held public office at the time of | ||
the offense, and the offense related to the conduct of | ||
that office; | ||
(6) the defendant utilized his professional reputation | ||
or position in the community to commit the offense, or to | ||
afford him an easier means of committing it; | ||
(7) the sentence is necessary to deter others from | ||
committing the same crime; | ||
(8) the defendant committed the offense against a | ||
person 60 years of age or older or such person's property; | ||
(9) the defendant committed the offense against a | ||
person who has a physical disability or such person's | ||
property; | ||
(10) by reason of another individual's actual or | ||
perceived race, color, creed, religion, ancestry, gender, | ||
sexual orientation, physical or mental disability, or | ||
national origin, the defendant committed the offense | ||
against (i) the person or property of that individual; | ||
(ii) the person or property of a person who has an | ||
association with, is married to, or has a friendship with |
the other individual; or (iii) the person or property of a | ||
relative (by blood or marriage) of a person described in | ||
clause (i) or (ii). For the purposes of this Section, | ||
"sexual orientation" has the meaning ascribed to it in | ||
paragraph (O-1) of Section 1-103 of the Illinois Human | ||
Rights Act; | ||
(11) the offense took place in a place of worship or on | ||
the grounds of a place of worship, immediately prior to, | ||
during or immediately following worship services. For | ||
purposes of this subparagraph, "place of worship" shall | ||
mean any church, synagogue or other building, structure or | ||
place used primarily for religious worship; | ||
(12) the defendant was convicted of a felony committed | ||
while he was on pretrial release or his own recognizance | ||
pending trial for a prior felony and was convicted of such | ||
prior felony, or the defendant was convicted of a felony | ||
committed while he was serving a period of probation, | ||
conditional discharge, or mandatory supervised release | ||
under subsection (d) of Section 5-8-1 for a prior felony; | ||
(13) the defendant committed or attempted to commit a | ||
felony while he was wearing a bulletproof vest. For the | ||
purposes of this paragraph (13), a bulletproof vest is any | ||
device which is designed for the purpose of protecting the | ||
wearer from bullets, shot or other lethal projectiles; | ||
(14) the defendant held a position of trust or | ||
supervision such as, but not limited to, family member as |
defined in Section 11-0.1 of the Criminal Code of 2012, | ||
teacher, scout leader, baby sitter, or day care worker, in | ||
relation to a victim under 18 years of age, and the | ||
defendant committed an offense in violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||
11-14.4 except for an offense that involves keeping a | ||
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||
or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 against that victim; | ||
(15) the defendant committed an offense related to the | ||
activities of an organized gang. For the purposes of this | ||
factor, "organized gang" has the meaning ascribed to it in | ||
Section 10 of the Streetgang Terrorism Omnibus Prevention | ||
Act; | ||
(16) the defendant committed an offense in violation | ||
of one of the following Sections while in a school, | ||
regardless of the time of day or time of year; on any | ||
conveyance owned, leased, or contracted by a school to | ||
transport students to or from school or a school related | ||
activity; on the real property of a school; or on a public | ||
way within 1,000 feet of the real property comprising any | ||
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, |
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||
for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||
1961 or the Criminal Code of 2012; | ||
(16.5) the defendant committed an offense in violation | ||
of one of the following Sections while in a day care | ||
center, regardless of the time of day or time of year; on | ||
the real property of a day care center, regardless of the | ||
time of day or time of year; or on a public way within | ||
1,000 feet of the real property comprising any day care | ||
center, regardless of the time of day or time of year: | ||
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; | ||
(17) the defendant committed the offense by reason of | ||
any person's activity as a community policing volunteer or | ||
to prevent any person from engaging in activity as a | ||
community policing volunteer. For the purpose of this | ||
Section, "community policing volunteer" has the meaning | ||
ascribed to it in Section 2-3.5 of the Criminal Code of | ||
2012; | ||
(18) the defendant committed the offense in a nursing | ||
home or on the real property comprising a nursing home. |
For the purposes of this paragraph (18), "nursing home" | ||
means a skilled nursing or intermediate long term care | ||
facility that is subject to license by the Illinois | ||
Department of Public Health under the Nursing Home Care | ||
Act, the Specialized Mental Health Rehabilitation Act of | ||
2013, the ID/DD Community Care Act, or the MC/DD Act; | ||
(19) the defendant was a federally licensed firearm | ||
dealer and was previously convicted of a violation of | ||
subsection (a) of Section 3 of the Firearm Owners | ||
Identification Card Act and has now committed either a | ||
felony violation of the Firearm Owners Identification Card | ||
Act or an act of armed violence while armed with a firearm; | ||
(20) the defendant (i) committed the offense of | ||
reckless homicide under Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 or the offense of | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds or any | ||
combination thereof under Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance | ||
and (ii) was operating a motor vehicle in excess of 20 | ||
miles per hour over the posted speed limit as provided in | ||
Article VI of Chapter 11 of the Illinois Vehicle Code; | ||
(21) the defendant (i) committed the offense of | ||
reckless driving or aggravated reckless driving under | ||
Section 11-503 of the Illinois Vehicle Code and (ii) was | ||
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of | ||
Chapter 11 of the Illinois Vehicle Code; | ||
(22) the defendant committed the offense against a | ||
person that the defendant knew, or reasonably should have | ||
known, was a member of the Armed Forces of the United | ||
States serving on active duty. For purposes of this clause | ||
(22), the term "Armed Forces" means any of the Armed | ||
Forces of the United States, including a member of any | ||
reserve component thereof or National Guard unit called to | ||
active duty; | ||
(23) the defendant committed the offense against a | ||
person who was elderly or infirm or who was a person with a | ||
disability by taking advantage of a family or fiduciary | ||
relationship with the elderly or infirm person or person | ||
with a disability; | ||
(24) the defendant committed any offense under Section | ||
11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 and possessed 100 or more images; | ||
(25) the defendant committed the offense while the | ||
defendant or the victim was in a train, bus, or other | ||
vehicle used for public transportation; | ||
(26) the defendant committed the offense of child | ||
pornography or aggravated child pornography, specifically | ||
including paragraph (1), (2), (3), (4), (5), or (7) of | ||
subsection (a) of Section 11-20.1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 where a child engaged in, |
solicited for, depicted in, or posed in any act of sexual | ||
penetration or bound, fettered, or subject to sadistic, | ||
masochistic, or sadomasochistic abuse in a sexual context | ||
and specifically including paragraph (1), (2), (3), (4), | ||
(5), or (7) of subsection (a) of Section 11-20.1B or | ||
Section 11-20.3 of the Criminal Code of 1961 where a child | ||
engaged in, solicited for, depicted in, or posed in any | ||
act of sexual penetration or bound, fettered, or subject | ||
to sadistic, masochistic, or sadomasochistic abuse in a | ||
sexual context; | ||
(27) the defendant committed the offense of first | ||
degree murder, assault, aggravated assault, battery, | ||
aggravated battery, robbery, armed robbery, or aggravated | ||
robbery against a person who was a veteran and the | ||
defendant knew, or reasonably should have known, that the | ||
person was a veteran performing duties as a representative | ||
of a veterans' organization. For the purposes of this | ||
paragraph (27), "veteran" means an Illinois resident who | ||
has served as a member of the United States Armed Forces, a | ||
member of the Illinois National Guard, or a member of the | ||
United States Reserve Forces; and "veterans' organization" | ||
means an organization comprised of members of which | ||
substantially all are individuals who are veterans or | ||
spouses, widows, or widowers of veterans, the primary | ||
purpose of which is to promote the welfare of its members | ||
and to provide assistance to the general public in such a |
way as to confer a public benefit; | ||
(28) the defendant committed the offense of assault, | ||
aggravated assault, battery, aggravated battery, robbery, | ||
armed robbery, or aggravated robbery against a person that | ||
the defendant knew or reasonably should have known was a | ||
letter carrier or postal worker while that person was | ||
performing his or her duties delivering mail for the | ||
United States Postal Service; | ||
(29) the defendant committed the offense of criminal | ||
sexual assault, aggravated criminal sexual assault, | ||
criminal sexual abuse, or aggravated criminal sexual abuse | ||
against a victim with an intellectual disability, and the | ||
defendant holds a position of trust, authority, or | ||
supervision in relation to the victim; | ||
(30) the defendant committed the offense of promoting | ||
juvenile prostitution, patronizing a prostitute, or | ||
patronizing a minor engaged in prostitution and at the | ||
time of the commission of the offense knew that the | ||
prostitute or minor engaged in prostitution was in the | ||
custody or guardianship of the Department of Children and | ||
Family Services; | ||
(31) the defendant (i) committed the offense of | ||
driving while under the influence of alcohol, other drug | ||
or drugs, intoxicating compound or compounds or any | ||
combination thereof in violation of Section 11-501 of the | ||
Illinois Vehicle Code or a similar provision of a local |
ordinance and (ii) the defendant during the commission of | ||
the offense was driving his or her vehicle upon a roadway | ||
designated for one-way traffic in the opposite direction | ||
of the direction indicated by official traffic control | ||
devices; | ||
(32) the defendant committed the offense of reckless | ||
homicide while committing a violation of Section 11-907 of | ||
the Illinois Vehicle Code; | ||
(33) the defendant was found guilty of an | ||
administrative infraction related to an act or acts of | ||
public indecency or sexual misconduct in the penal | ||
institution. In this paragraph (33), "penal institution" | ||
has the same meaning as in Section 2-14 of the Criminal | ||
Code of 2012; or | ||
(34) the defendant committed the offense of leaving | ||
the scene of a crash in violation of subsection (b) of | ||
Section 11-401 of the Illinois Vehicle Code and the crash | ||
resulted in the death of a person and at the time of the | ||
offense, the defendant was: (i) driving under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds or any combination thereof as | ||
defined by Section 11-501 of the Illinois Vehicle Code; or | ||
(ii) operating the motor vehicle while using an electronic | ||
communication device as defined in Section 12-610.2 of the | ||
Illinois Vehicle Code. | ||
For the purposes of this Section: |
"School" is defined as a public or private elementary or | ||
secondary school, community college, college, or university. | ||
"Day care center" means a public or private State | ||
certified and licensed day care center as defined in Section | ||
2.09 of the Child Care Act of 1969 that displays a sign in | ||
plain view stating that the property is a day care center. | ||
"Intellectual disability" means significantly subaverage | ||
intellectual functioning which exists concurrently with | ||
impairment in adaptive behavior. | ||
"Public transportation" means the transportation or | ||
conveyance of persons by means available to the general | ||
public, and includes paratransit services. | ||
"Traffic control devices" means all signs, signals, | ||
markings, and devices that conform to the Illinois Manual on | ||
Uniform Traffic Control Devices, placed or erected by | ||
authority of a public body or official having jurisdiction, | ||
for the purpose of regulating, warning, or guiding traffic. | ||
(b) The following factors, related to all felonies, may be | ||
considered by the court as reasons to impose an extended term | ||
sentence under Section 5-8-2 upon any offender: | ||
(1) When a defendant is convicted of any felony, after | ||
having been previously convicted in Illinois or any other | ||
jurisdiction of the same or similar class felony or | ||
greater class felony, when such conviction has occurred | ||
within 10 years after the previous conviction, excluding | ||
time spent in custody, and such charges are separately |
brought and tried and arise out of different series of | ||
acts; or | ||
(2) When a defendant is convicted of any felony and | ||
the court finds that the offense was accompanied by | ||
exceptionally brutal or heinous behavior indicative of | ||
wanton cruelty; or | ||
(3) When a defendant is convicted of any felony | ||
committed against: | ||
(i) a person under 12 years of age at the time of | ||
the offense or such person's property; | ||
(ii) a person 60 years of age or older at the time | ||
of the offense or such person's property; or | ||
(iii) a person who had a physical disability at | ||
the time of the offense or such person's property; or | ||
(4) When a defendant is convicted of any felony and | ||
the offense involved any of the following types of | ||
specific misconduct committed as part of a ceremony, rite, | ||
initiation, observance, performance, practice or activity | ||
of any actual or ostensible religious, fraternal, or | ||
social group: | ||
(i) the brutalizing or torturing of humans or | ||
animals; | ||
(ii) the theft of human corpses; | ||
(iii) the kidnapping of humans; | ||
(iv) the desecration of any cemetery, religious, | ||
fraternal, business, governmental, educational, or |
other building or property; or | ||
(v) ritualized abuse of a child; or | ||
(5) When a defendant is convicted of a felony other | ||
than conspiracy and the court finds that the felony was | ||
committed under an agreement with 2 or more other persons | ||
to commit that offense and the defendant, with respect to | ||
the other individuals, occupied a position of organizer, | ||
supervisor, financier, or any other position of management | ||
or leadership, and the court further finds that the felony | ||
committed was related to or in furtherance of the criminal | ||
activities of an organized gang or was motivated by the | ||
defendant's leadership in an organized gang; or | ||
(6) When a defendant is convicted of an offense | ||
committed while using a firearm with a laser sight | ||
attached to it. For purposes of this paragraph, "laser | ||
sight" has the meaning ascribed to it in Section 26-7 of | ||
the Criminal Code of 2012; or | ||
(7) When a defendant who was at least 17 years of age | ||
at the time of the commission of the offense is convicted | ||
of a felony and has been previously adjudicated a | ||
delinquent minor under the Juvenile Court Act of 1987 for | ||
an act that if committed by an adult would be a Class X or | ||
Class 1 felony when the conviction has occurred within 10 | ||
years after the previous adjudication, excluding time | ||
spent in custody; or | ||
(8) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or | ||
otherwise directed an animal to assault a law enforcement | ||
officer engaged in the execution of his or her official | ||
duties or in furtherance of the criminal activities of an | ||
organized gang in which the defendant is engaged; or | ||
(9) When a defendant commits any felony and the | ||
defendant knowingly video or audio records the offense | ||
with the intent to disseminate the recording. | ||
(c) The following factors may be considered by the court | ||
as reasons to impose an extended term sentence under Section | ||
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||
offenses: | ||
(1) When a defendant is convicted of first degree | ||
murder, after having been previously convicted in Illinois | ||
of any offense listed under paragraph (c)(2) of Section | ||
5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||
occurred within 10 years after the previous conviction, | ||
excluding time spent in custody, and the charges are | ||
separately brought and tried and arise out of different | ||
series of acts. | ||
(1.5) When a defendant is convicted of first degree | ||
murder, after having been previously convicted of domestic | ||
battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||
(720 ILCS 5/12-3.3) committed on the same victim or after | ||
having been previously convicted of violation of an order | ||
of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. | ||
(2) When a defendant is convicted of voluntary | ||
manslaughter, second degree murder, involuntary | ||
manslaughter, or reckless homicide in which the defendant | ||
has been convicted of causing the death of more than one | ||
individual. | ||
(3) When a defendant is convicted of aggravated | ||
criminal sexual assault or criminal sexual assault, when | ||
there is a finding that aggravated criminal sexual assault | ||
or criminal sexual assault was also committed on the same | ||
victim by one or more other individuals, and the defendant | ||
voluntarily participated in the crime with the knowledge | ||
of the participation of the others in the crime, and the | ||
commission of the crime was part of a single course of | ||
conduct during which there was no substantial change in | ||
the nature of the criminal objective. | ||
(4) If the victim was under 18 years of age at the time | ||
of the commission of the offense, when a defendant is | ||
convicted of aggravated criminal sexual assault or | ||
predatory criminal sexual assault of a child under | ||
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||
of Section 12-14.1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||
(5) When a defendant is convicted of a felony | ||
violation of Section 24-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
finding that the defendant is a member of an organized | ||
gang. | ||
(6) When a defendant was convicted of unlawful | ||
possession use of weapons under Section 24-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||
ILCS 5/24-1) for possessing a weapon that is not readily | ||
distinguishable as one of the weapons enumerated in | ||
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 (720 ILCS 5/24-1). | ||
(7) When a defendant is convicted of an offense | ||
involving the illegal manufacture of a controlled | ||
substance under Section 401 of the Illinois Controlled | ||
Substances Act (720 ILCS 570/401), the illegal manufacture | ||
of methamphetamine under Section 25 of the Methamphetamine | ||
Control and Community Protection Act (720 ILCS 646/25), or | ||
the illegal possession of explosives and an emergency | ||
response officer in the performance of his or her duties | ||
is killed or injured at the scene of the offense while | ||
responding to the emergency caused by the commission of | ||
the offense. In this paragraph, "emergency" means a | ||
situation in which a person's life, health, or safety is | ||
in jeopardy; and "emergency response officer" means a | ||
peace officer, community policing volunteer, fireman, | ||
emergency medical technician-ambulance, emergency medical | ||
technician-intermediate, emergency medical | ||
technician-paramedic, ambulance driver, other medical |
assistance or first aid personnel, or hospital emergency | ||
room personnel. | ||
(8) When the defendant is convicted of attempted mob | ||
action, solicitation to commit mob action, or conspiracy | ||
to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||
Criminal Code of 2012, where the criminal object is a | ||
violation of Section 25-1 of the Criminal Code of 2012, | ||
and an electronic communication is used in the commission | ||
of the offense. For the purposes of this paragraph (8), | ||
"electronic communication" shall have the meaning provided | ||
in Section 26.5-0.1 of the Criminal Code of 2012. | ||
(d) For the purposes of this Section, "organized gang" has | ||
the meaning ascribed to it in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus Prevention Act. | ||
(e) The court may impose an extended term sentence under | ||
Article 4.5 of Chapter V upon an offender who has been | ||
convicted of a felony violation of Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
when the victim of the offense is under 18 years of age at the | ||
time of the commission of the offense and, during the | ||
commission of the offense, the victim was under the influence | ||
of alcohol, regardless of whether or not the alcohol was | ||
supplied by the offender; and the offender, at the time of the | ||
commission of the offense, knew or should have known that the | ||
victim had consumed alcohol. |
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||
8-20-21; 102-982, eff. 7-1-23 .) | ||
(730 ILCS 5/5-6-3.6) | ||
Sec. 5-6-3.6. First Time Weapon Offense Program. | ||
(a) The General Assembly has sought to promote public | ||
safety, reduce recidivism, and conserve valuable resources of | ||
the criminal justice system through the creation of diversion | ||
programs for non-violent offenders. This amendatory Act of the | ||
103rd General Assembly establishes a program for first-time, | ||
non-violent offenders charged with certain weapons possession | ||
offenses. The General Assembly recognizes some persons, | ||
particularly in areas of high crime or poverty, may have | ||
experienced trauma that contributes to poor decision making | ||
skills, and the creation of a diversionary program poses a | ||
greater benefit to the community and the person than | ||
incarceration. Under this program, a court, with the consent | ||
of the defendant and the State's Attorney, may sentence a | ||
defendant charged with an unlawful possession use of weapons | ||
offense under Section 24-1 of the Criminal Code of 2012 or | ||
aggravated unlawful possession use of a weapon offense under | ||
Section 24-1.6 of the Criminal Code of 2012, if punishable as a | ||
Class 4 felony or lower, to a First Time Weapon Offense | ||
Program. | ||
(b) A defendant is not eligible for this Program if: |
(1) the offense was committed during the commission of | ||
a violent offense as defined in subsection (h) of this | ||
Section; | ||
(2) he or she has previously been convicted or placed | ||
on probation or conditional discharge for any violent | ||
offense under the laws of this State, the laws of any other | ||
state, or the laws of the United States; | ||
(3) he or she had a prior successful completion of the | ||
First Time Weapon Offense Program under this Section; | ||
(4) he or she has previously been adjudicated a | ||
delinquent minor for the commission of a violent offense; | ||
(5) (blank); or | ||
(6) he or she has an existing order of protection | ||
issued against him or her. | ||
(b-5) In considering whether a defendant shall be | ||
sentenced to the First Time Weapon Offense Program, the court | ||
shall consider the following: | ||
(1) the age, immaturity, or limited mental capacity of | ||
the defendant; | ||
(2) the nature and circumstances of the offense; | ||
(3) whether participation in the Program is in the | ||
interest of the defendant's rehabilitation, including any | ||
employment or involvement in community, educational, | ||
training, or vocational programs; | ||
(4) whether the defendant suffers from trauma, as | ||
supported by documentation or evaluation by a licensed |
professional; and | ||
(5) the potential risk to public safety. | ||
(c) For an offense committed on or after January 1, 2018 | ||
(the effective date of Public Act 100-3) whenever an | ||
eligible | ||
person pleads guilty to an unlawful possession use | ||
of weapons | ||
offense under Section 24-1 of the Criminal Code of 2012 or | ||
aggravated unlawful possession use of a weapon offense under | ||
Section 24-1.6 of the Criminal Code of 2012, which is | ||
punishable as a Class 4 felony or lower, the court, with the | ||
consent of the defendant and the State's Attorney, may, | ||
without entering a judgment, sentence the defendant to | ||
complete the First Time Weapon Offense Program. When a | ||
defendant is placed in the Program, the court shall defer | ||
further proceedings in the case until the conclusion of the | ||
period or until the filing of a petition alleging violation of | ||
a term or condition of the Program. Upon violation of a term or | ||
condition of the Program, the court may enter a judgment on its | ||
original finding of guilt and proceed as otherwise provided by | ||
law. Upon fulfillment of the terms and conditions of the | ||
Program, the court shall discharge the person and dismiss the | ||
proceedings against the person. | ||
(d) The Program shall be at least 6 months and not to | ||
exceed 24 months, as determined by the court at the | ||
recommendation of the Program administrator and the State's | ||
Attorney. The Program administrator may be appointed by the | ||
Chief Judge of each Judicial Circuit. |
(e) The conditions of the Program shall be that the | ||
defendant: | ||
(1) not violate any criminal statute of this State or | ||
any other jurisdiction; | ||
(2) refrain from possessing a firearm or other | ||
dangerous weapon; | ||
(3) (blank); | ||
(4) (blank); | ||
(5) (blank); | ||
(6) (blank); | ||
(7) attend and participate in any Program activities | ||
deemed required by the Program administrator, such as: | ||
counseling sessions, in-person and over the phone | ||
check-ins, and educational classes; and | ||
(8) (blank). | ||
(f) The Program may, in addition to other conditions, | ||
require that the defendant: | ||
(1) obtain or attempt to obtain employment; | ||
(2) attend educational courses designed to prepare the | ||
defendant for obtaining a high school diploma or to work | ||
toward passing high school equivalency testing or to work | ||
toward completing a vocational training program; | ||
(3) refrain from having in his or her body the | ||
presence of any illicit drug prohibited by the | ||
Methamphetamine Control and Community Protection Act or | ||
the Illinois Controlled Substances Act, unless prescribed |
by a physician, and submit samples of his or her blood or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
urine or both for tests to determine the presence of any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
illicit drug; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(4) perform community service; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(5) pay all fines, assessments, fees, and costs; and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(6) comply with such other reasonable conditions as | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the court may impose. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(g) There may be only one discharge and dismissal under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
this Section. If a person is convicted of any offense which | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
occurred within 5 years subsequent to a discharge and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
dismissal under this Section, the discharge and dismissal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
under this Section shall be admissible in the sentencing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
proceeding for that conviction as evidence in aggravation. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(h) For purposes of this Section, "violent offense" means | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
any offense in which bodily harm was inflicted or force was | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
used against any person or threatened against any person; any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
offense involving the possession of a firearm or dangerous | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
weapon; any offense involving sexual conduct, sexual | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
penetration, or sexual exploitation; violation of an order of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
protection, stalking, hate crime, domestic battery, or any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
offense of domestic violence. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) (Blank). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
103-370, eff. 7-28-23.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 99. Effective date. This Act takes effect January | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1, 2025. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||