Public Act 093-0213
Public Act 93-0213 of the 93rd General Assembly
Public Act 93-0213
SB96 Enrolled LRB093 05248 DRH 05335 b
AN ACT in relation to driving offenses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 11-501 as follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against
any charge of violating this Section.
(c) Except as provided under paragraphs (c-3), (c-4),
and (d) of this Section, every person convicted of violating
this Section or a similar provision of a local ordinance,
shall be guilty of a Class A misdemeanor and, in addition to
any other criminal or administrative action, for any second
conviction of violating this Section or a similar provision
of a law of another state or local ordinance committed within
5 years of a previous violation of this Section or a similar
provision of a local ordinance shall be mandatorily sentenced
to a minimum of 5 days of imprisonment or assigned to a
minimum of 30 days of community service as may be determined
by the court. Every person convicted of violating this
Section or a similar provision of a local ordinance shall be
subject to an additional mandatory minimum fine of $500 and
an additional mandatory 5 days of community service in a
program benefiting children if the person committed a
violation of paragraph (a) or a similar provision of a local
ordinance while transporting a person under age 16. Every
person convicted a second time for violating this Section or
a similar provision of a local ordinance within 5 years of a
previous violation of this Section or a similar provision of
a law of another state or local ordinance shall be subject to
an additional mandatory minimum fine of $500 and an
additional 10 days of mandatory community service in a
program benefiting children if the current offense was
committed while transporting a person under age 16. The
imprisonment or assignment under this subsection shall not be
subject to suspension nor shall the person be eligible for
probation in order to reduce the sentence or assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(c-4) When a person is convicted of violating Section
11-501 of this Code or a similar provision of a local
ordinance, the following penalties apply when his or her
blood, breath, or urine was .16 or more based on the
definition of blood, breath, or urine units in Section
11-501.2 or when that person is convicted of violating this
Section while transporting a child under the age of 16:
(1) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a first
time, in addition to any other penalty that may be
imposed under subsection (c), is subject to a mandatory
minimum of 100 hours of community service and a minimum
fine of $500.
(2) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a second
time within 10 years, in addition to any other penalty
that may be imposed under subsection (c), is subject to a
mandatory minimum of 2 days of imprisonment and a minimum
fine of $1,250.
(3) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a third
time within 20 years is guilty of a Class 4 felony and,
in addition to any other penalty that may be imposed
under subsection (c), is subject to a mandatory minimum
of 90 days of imprisonment and a minimum fine of $2,500.
(4) A person who is convicted of violating this
subsection (c-4) a fourth or subsequent time is guilty of
a Class 2 felony and, in addition to any other penalty
that may be imposed under subsection (c), is not eligible
for a sentence of probation or conditional discharge and
is subject to a minimum fine of $2,500.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another
state or a local ordinance when the cause of action
is the same as or substantially similar to this
Section, for the third or subsequent time;
(B) the person committed a violation of
paragraph (a) while driving a school bus with
children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle
accident that resulted in great bodily harm or
permanent disability or disfigurement to another,
when the violation was a proximate cause of the
injuries;
(D) the person committed a violation of
paragraph (a) for a second time and has been
previously convicted of violating Section 9-3 of the
Criminal Code of 1961 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 under subparagraph (C) or subparagraph (F)
of this paragraph (1); or
(E) the person, in committing a violation of
paragraph (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles
per hour was in effect under subsection (a) of
Section 11-605 of this Code, was involved in a motor
vehicle accident that resulted in bodily harm, other
than great bodily harm or permanent disability or
disfigurement, to another person, when the violation
of paragraph (a) was a proximate cause of the bodily
harm; or.
(F) the person, in committing a violation of
paragraph (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another
person, when the violation of paragraph (a) was a
proximate cause of the death.
(2) Except as provided in this paragraph (2),
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof is a Class 4 felony. For a
violation of subparagraph (C) of paragraph (1) of this
subsection (d), the defendant, if sentenced to a term of
imprisonment, shall be sentenced to not less than one
year nor more than 12 years. 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 this subsection (d) is a Class 2 felony, for which the
defendant, if sentenced to a term of imprisonment, shall
be sentenced to: (A) a term of imprisonment of not less
than 3 years and not more than 14 years if the violation
resulted in the death of one person; or (B) a term of
imprisonment of not less than 6 years and not more than
28 years if the violation resulted in the deaths of 2 or
more persons. For any prosecution under this subsection
(d), a certified copy of the driving abstract of the
defendant shall be admitted as proof of any prior
conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the
professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under paragraph (2) or (3) of
subsection (c-1) of this Section or subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
60 days community service or 10 days of imprisonment as a
condition of the probation or conditional discharge. This
mandatory minimum term of imprisonment or assignment of
community service shall not be suspended and shall not be
subject to reduction by the court.
(i) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by an
individual who has been convicted of a second or subsequent
offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and
regulation the procedures for certification and use of the
interlock system.
(j) In addition to any other penalties and liabilities,
a person who is found guilty of or pleads guilty to violating
this Section, including any person placed on court
supervision for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest. If the
person has been previously convicted of violating this
Section or a similar provision of a local ordinance, the fine
shall be $200. In the event that more than one agency is
responsible for the arrest, the $100 or $200 shall be shared
equally. Any moneys received by a law enforcement agency
under this subsection (j) shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State. This
shall include, but is not limited to, in-car video cameras,
radar and laser speed detection devices, and alcohol breath
testers. Any moneys received by the Department of State
Police under this subsection (j) shall be deposited into the
State Police DUI Fund and shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State.
(Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99;
91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff.
8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)
Section 7. The Criminal Code of 1961 is amended by
changing Section 9-3 as follows:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless
Homicide.
(a) A person who unintentionally kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle or operating a snowmobile, all-terrain
vehicle, or watercraft, in which case the person commits
reckless homicide.
(b) (Blank). In cases involving reckless homicide, being
under the influence of alcohol or any other drug or drugs at
the time of the alleged violation shall be presumed to be
evidence of a reckless act unless disproved by evidence to
the contrary.
(c) (Blank). For the purposes of this Section, a person
shall be considered to be under the influence of alcohol or
other drugs while:
1. The alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2 of the
Illinois Vehicle Code;
2. Under the influence of alcohol to a degree that
renders the person incapable of safely driving a motor
vehicle or operating a snowmobile, all-terrain vehicle,
or watercraft;
3. Under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving a motor vehicle or operating
a snowmobile, all-terrain vehicle, or watercraft; or
4. Under the combined influence of alcohol and any
other drug or drugs to a degree which renders the person
incapable of safely driving a motor vehicle or operating
a snowmobile, all-terrain vehicle, or watercraft.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank). Except as otherwise provided in subsection
(e-5), in cases involving reckless homicide in which the
defendant was determined to have been under the influence of
alcohol or any other drug or drugs as an element of the
offense, or in cases in which the defendant is proven beyond
a reasonable doubt to have been under the influence of
alcohol or any other drug or drugs, the penalty shall be a
Class 2 felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
(e-5) (Blank). In cases involving reckless homicide in
which the defendant was determined to have been under the
influence of alcohol or any other drug or drugs as an element
of the offense, or in cases in which the defendant is proven
beyond a reasonable doubt to have been under the influence of
alcohol or any other drug or drugs, if the defendant kills 2
or more individuals as part of a single course of conduct,
the penalty is a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 6 years and not more than 28 years.
(f) In cases involving involuntary manslaughter in which
the victim was a family or household member as defined in
paragraph (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(Source: P.A. 91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 92-16,
eff. 6-28-01.)
Section 10. The Unified Code of Corrections is amended
by changing Sections 3-6-3 and 5-4-1 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall
prescribe rules and regulations for the early release on
account of good conduct of persons committed to the
Department which shall be subject to review by the
Prisoner Review Board.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after June 19, 1998, 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 good conduct
credit and shall serve the entire sentence imposed
by the court;
(ii) that a prisoner serving a sentence for
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, heinous battery, aggravated battery of a
senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment; and
(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 good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after June 19,
1998, and other than the offense of reckless homicide as
defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 committed on or after January 1, 1999, or
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, the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of good conduct credit
for each day of his or her sentence of imprisonment or
recommitment under Section 3-3-9. Each day of good
conduct 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 or a prisoner who has been sentenced to
death shall receive no good conduct credit.
(2.3) The rules and regulations on early release
shall provide that a prisoner who is serving a sentence
for reckless homicide as defined in subsection (e) of
Section 9-3 of the Criminal Code of 1961 committed on or
after January 1, 1999, or 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 good
conduct credit for each month of his or her sentence of
imprisonment.
(2.4) The rules and regulations on early release
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 the effective date of this
amendatory Act of 1999, that a prisoner serving a
sentence for any of these offenses shall receive no more
than 4.5 days of good conduct credit for each month of
his or her sentence of imprisonment.
(2.5) The rules and regulations on early release
shall provide that a prisoner who is serving a sentence
for aggravated arson committed on or after the effective
date of this amendatory Act of the 92nd General Assembly
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment.
(3) The rules and regulations shall also provide
that the Director may award up to 180 days additional
good conduct credit for meritorious service in specific
instances as the Director deems proper; except that no
more than 90 days of good conduct credit for meritorious
service shall be awarded to any prisoner who is serving a
sentence for conviction of first degree murder, reckless
homicide while under the influence of alcohol or any
other drug, or 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, aggravated
kidnapping, kidnapping, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual assault, deviate sexual assault, aggravated
criminal sexual abuse, aggravated indecent liberties with
a child, indecent liberties with a child, child
pornography, heinous battery, aggravated battery of a
spouse, aggravated battery of a spouse with a firearm,
stalking, aggravated stalking, aggravated battery of a
child, endangering the life or health of a child, cruelty
to a child, or narcotic racketeering. Notwithstanding
the foregoing, good conduct credit for meritorious
service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after June 19, 1998, (ii)
reckless homicide as defined in subsection (e) of Section
9-3 of the Criminal Code of 1961 when the offense is
committed on or after January 1, 1999, or 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, (iii) one of the offenses
enumerated in subdivision (a)(2.4) when the offense is
committed on or after the effective date of this
amendatory Act of 1999, or (iv) aggravated arson when the
offense is committed on or after the effective date of
this amendatory Act of the 92nd General Assembly.
(4) The rules and regulations shall also provide
that the good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section
by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse
programs, correctional industry assignments, or
educational programs provided by the Department under
this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before August 11, 1993 and 1.50 for
program participation on or after that date. However, no
inmate shall be eligible for the additional good conduct
credit under this paragraph (4) while assigned to a boot
camp, mental health unit, or electronic detention, or if
convicted of an offense enumerated in paragraph (a)(2) of
this Section that is committed on or after June 19, 1998,
or if convicted of reckless homicide as defined in
subsection (e) of Section 9-3 of the Criminal Code of
1961 if the offense is committed on or after January 1,
1999, or 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, or if
convicted of an offense enumerated in paragraph (a)(2.4)
of this Section that is committed on or after the
effective date of this amendatory Act of 1999, or first
degree murder, a Class X felony, criminal sexual assault,
felony criminal sexual abuse, aggravated criminal sexual
abuse, aggravated battery with a firearm, or any
predecessor or successor offenses with the same or
substantially the same elements, or any inchoate offenses
relating to the foregoing offenses. No inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) who (i) has previously received
increased good conduct credit under this paragraph (4)
and has subsequently been convicted of a felony, or (ii)
has previously served more than one prior sentence of
imprisonment for a felony in an adult correctional
facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) 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 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.
(5) Whenever the Department is to release any
inmate earlier than it otherwise would because of a grant
of good conduct credit for meritorious service given at
any time during the term, the Department shall give
reasonable advance notice of the impending release to the
State's Attorney of the county where the prosecution of
the inmate took place.
(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 good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and
regulations shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct 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 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 good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct 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 good conduct credit within any calendar year for
any prisoner or to increase any penalty beyond the length
requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days
shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in
excess of the amount requested by the Director.
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 good conduct 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 good conduct
credit by bringing charges against the prisoner sought to be
deprived of the good conduct 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 good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct 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 petition for post-conviction
relief under Article 122 of the Code of Criminal
Procedure of 1963, 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 or an action under the
federal Civil Rights Act (42 U.S.C. 1983).
(e) Nothing in this amendatory Act of 1998 affects the
validity of Public Act 89-404.
(Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99;
92-176, eff. 7-27-01; 92-854, eff. 12-5-02.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under
hearing procedures otherwise specified, after a determination
of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may,
in its discretion, accept an evaluation from a program in the
state of such individual's residence. The court may in its
sentencing order approve an eligible defendant for placement
in a Department of Corrections impact incarceration program
as provided in Section 5-8-1.1 or 5-8-1.3. At the hearing
the court shall:
(1) consider the evidence, if any, received upon
the trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by
the parties in aggravation and mitigation;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, or a
qualified individual affected by a violation of Section
405, 405.1, 405.2, or 407 of the Illinois Controlled
Substances Act, committed by the defendant the
opportunity to make a statement concerning the impact on
the victim and to offer evidence in aggravation or
mitigation; provided that the statement and evidence
offered in aggravation or mitigation must first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the
hearing. Any sworn testimony offered by the victim is
subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court. For the
purpose of this paragraph (7), "qualified individual"
means any person who (i) lived or worked within the
territorial jurisdiction where the offense took place
when the offense took place; and (ii) is familiar with
various public places within the territorial jurisdiction
where the offense took place when the offense took place.
For the purposes of this paragraph (7), "qualified
individual" includes any peace officer, or any member of
any duly organized State, county, or municipal peace unit
assigned to the territorial jurisdiction where the
offense took place when the offense took place; and
(8) in cases of reckless homicide afford the
victim's spouse, guardians, parents or other immediate
family members an opportunity to make oral statements.
(b) All sentences shall be imposed by the judge based
upon his independent assessment of the elements specified
above and any agreement as to sentence reached by the
parties. The judge who presided at the trial or the judge
who accepted the plea of guilty shall impose the sentence
unless he is no longer sitting as a judge in that court.
Where the judge does not impose sentence at the same time on
all defendants who are convicted as a result of being
involved in the same offense, the defendant or the State's
Attorney may advise the sentencing court of the disposition
of any other defendants who have been sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other drug
or any combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of
the court and shall be a public record.
(c-1) In imposing a sentence for the offense of
aggravated kidnapping for ransom, home invasion, armed
robbery, aggravated vehicular hijacking, aggravated discharge
of a firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as
to whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter
that finding and the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other
than when a sentence of natural life imprisonment or a
sentence of death is imposed, at the time the sentence is
imposed the judge shall state on the record in open court the
approximate period of time the defendant will serve in
custody according to the then current statutory rules and
regulations for early release found in Section 3-6-3 and
other related provisions of this Code. This statement is
intended solely to inform the public, has no legal effect on
the defendant's actual release, and may not be relied on by
the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3 committed on
or after June 19, 1998, and other than when the sentence is
imposed for reckless homicide as defined in subsection (e) of
Section 9-3 of the Criminal Code of 1961 if the offense was
committed on or after January 1, 1999, and other than when
the sentence is imposed for aggravated arson if the offense
was committed on or after the effective date of this
amendatory Act of the 92nd General Assembly, the judge's
statement, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or
after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed on
or after January 1, 1999, and when the sentence is imposed
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, and when the sentence is imposed for
aggravated arson if the offense was committed on or after the
effective date of this amendatory Act of the 92nd General
Assembly, the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
good conduct credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives
4 1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to good conduct credit.
Therefore, this defendant will serve 100% of his or her
sentence."
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts
and circumstances which may aid such department, agency or
institution during its custody of such person. The clerk
shall within 10 days after receiving any such statements
transmit a copy to such department, agency or institution and
a copy to the other party, provided, however, that this shall
not be cause for delay in conveying the person to the
department, agency or institution to which he has been
committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of
this Section;
(6) any medical or mental health records or
summaries of the defendant;
(7) the municipality where the arrest of the
offender or the commission of the offense has occurred,
where such municipality has a population of more than
25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs
the clerk to transmit.
(Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01;
92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.).
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 7/18/2003
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