State of Illinois
91st General Assembly
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Public Act 91-0121

SB509 Enrolled                                 LRB9104252KSgc

    AN ACT in relation to criminal law, amending named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Criminal  Code  of  1961  is amended by
changing Sections 12-4.1, 20-2, and 26-1 and adding  Sections
12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:

    (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
    Sec. 12-4.1.  Heinous Battery.
    (a)  A  person  who,  in  committing a battery, knowingly
causes severe and permanent disability, great bodily harm  or
disfigurement by means of a caustic or flammable substance, a
poisonous gas, a deadly biological or chemical contaminant or
agent,  a  radioactive  substance,  or  a  bomb  or explosive
compound commits heinous battery.
    (b)  Sentence. Heinous battery is a Class  X  felony  for
which  a  person shall be sentenced to a term of imprisonment
of no less than 6 years and no more than 45 years.
(Source: P.A. 88-285.)

    (720 ILCS 5/12-4.2-5 new)
    Sec. 12-4.2-5.  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.
    (a)  A person commits aggravated battery with  a  machine
gun  or a firearm equipped with a device designed or used for
silencing the  report  of  a  firearm  when  he  or  she,  in
committing  a battery, knowingly or intentionally by means of
the discharging of a machine gun or a firearm equipped with a
device designed or used for silencing the report of a firearm
(1) causes any injury to another person, or  (2)  causes  any
injury  to  a person he or she knows to be a peace officer, a
person  summoned  by  a   peace   officer,   a   correctional
institution  employee  or  a  fireman  while  the    officer,
employee or fireman is engaged in the execution of any of his
or  her  official duties, or to prevent the officer, employee
or fireman from performing his or her official duties, or  in
retaliation  for  the officer, employee or fireman performing
his or her official duties, or (3) causes  any  injury  to  a
person  he or she knows to be an emergency medical technician
- ambulance, emergency  medical  technician  -  intermediate,
emergency  medical  technician - paramedic, ambulance driver,
or other medical assistance or first aid personnel,  employed
by  a  municipality  or  other  governmental  unit, while the
emergency medical technician - ambulance,  emergency  medical
technician  -  intermediate,  emergency  medical technician -
paramedic, ambulance driver, or other medical  assistance  or
first aid personnel is engaged in the execution of any of his
or  her  official duties, or to prevent the emergency medical
technician  -  ambulance,  emergency  medical  technician   -
intermediate,   emergency  medical  technician  -  paramedic,
ambulance driver, or other medical assistance  or  first  aid
personnel  from  performing his or her official duties, or in
retaliation for the emergency medical technician - ambulance,
emergency  medical  technician  -   intermediate,   emergency
medical  technician  -  paramedic, ambulance driver, or other
medical assistance or first aid personnel performing  his  or
her official duties.
    (b)  A violation of subsection (a) (1) of this Section is
a Class X felony for which the person shall be sentenced to a
term  of  imprisonment  of  no less than 12 years and no more
than 45  years.    A  violation  of  subsection  (a)  (2)  or
subsection  (a)  (3)  of this Section is a Class X felony for
which the sentence shall be a term of imprisonment of no less
than 20 years and no more than 60 years.
    (c)  For purposes of this Section, "firearm"  is  defined
as in the Firearm Owners Identification Card Act.
    (d)  For  purposes of this Section, "machine gun" has the
meaning ascribed to it in clause  (i)  of  paragraph  (7)  of
subsection (a) of Section 24-1 of this Code.

    (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
    Sec.  20-2.   Possession  of  explosives  or explosive or
incendiary devices. (a)  A  person  commits  the  offense  of
possession  of  explosives or explosive or incendiary devices
in violation of this Section when he possesses,  manufactures
or  transports  any  explosive compound, timing or detonating
device for use with  any  explosive  compound  or  incendiary
device  and either intends to use such explosive or device to
commit any offense or knows that another intends to use  such
explosive or device to commit a felony.
    (b)  Sentence.
    Possession  of  explosives  or  explosive  or  incendiary
devices  in  violation  of this Section is a Class 1 2 felony
for which a person, if sentenced to a term  of  imprisonment,
shall be sentenced to not less than 4 years and not more than
30 years.
(Source: P.A. 84-1308.)

    (720 ILCS 5/Art. 20.5 heading new)
              ARTICLE 20.5.  DEADLY SUBSTANCES

    (720 ILCS 5/20.5-6 new)
    Sec. 20.5-6.  Possession of a deadly substance.
    (a)  A  person  commits  the  offense  of possession of a
deadly substance when he or she  possesses,  manufactures  or
transports  any  poisonous gas, deadly biological or chemical
contaminant or agent, or radioactive  substance  either  with
the   intent   to   use  such  gas,  biological  or  chemical
contaminant or agent, or radioactive substance  to  commit  a
felony  or  with the knowledge that another person intends to
use such gas, biological or chemical contaminant or agent, or
radioactive substance to commit a felony.
    (b)  Sentence.  Possession of a  deadly  substance  is  a
Class  1 felony for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 4
years and not more than 30 years.

    (720 ILCS 5/24-1.2-5 new)
    Sec. 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.
    (a)  A  person commits aggravated discharge of a  machine
gun or a firearm equipped with a device designed or used  for
silencing the report of a firearm when he or she knowingly or
intentionally:
         (1)  Discharges  a machine gun or a firearm equipped
    with a device designed or used for silencing  the  report
    of  a firearm at or into a building he or she knows to be
    occupied and the machine gun or the firearm equipped with
    a device designed or used for silencing the report  of  a
    firearm  is  discharged  from a place or position outside
    that building;
         (2)  Discharges a machine gun or a firearm  equipped
    with  a  device designed or used for silencing the report
    of a firearm in the direction of another person or in the
    direction of a vehicle he or she knows to be occupied;
         (3)  Discharges a machine gun or a firearm  equipped
    with  a  device designed or used for silencing the report
    of a firearm in the direction of a person he or she knows
    to be a peace officer, a person summoned or directed by a
    peace officer, a correctional institution employee, or  a
    fireman while the officer, employee or fireman is engaged
    in the execution of any of his or her official duties, or
    to   prevent   the  officer,  employee  or  fireman  from
    performing his or her official duties, or in  retaliation
    for  the  officer,  employee or fireman performing his or
    her official duties;
         (4)  Discharges a machine gun or a firearm  equipped
    with  a  device designed or used for silencing the report
    of a firearm in the direction of  a  vehicle  he  or  she
    knows  to  be  occupied  by  a  peace  officer,  a person
    summoned or directed by a peace officer,  a  correctional
    institution  employee  or  a  fireman  while the officer,
    employee or fireman is engaged in the execution of any of
    his or her official duties, or to  prevent  the  officer,
    employee  or  fireman from performing his or her official
    duties, or in retaliation for the  officer,  employee  or
    fireman performing his or her official duties;
         (5)  Discharges  a machine gun or a firearm equipped
    with a device designed or used for silencing  the  report
    of a firearm in the direction of a person he or she knows
    to  be  an  emergency  medical  technician  -  ambulance,
    emergency  medical  technician  - intermediate, emergency
    medical technician  -  paramedic,  ambulance  driver,  or
    other medical assistance or first aid personnel, employed
    by  a  municipality or other governmental unit, while the
    emergency  medical  technician  -  ambulance,   emergency
    medical  technician  -  intermediate,  emergency  medical
    technician   -  paramedic,  ambulance  driver,  or  other
    medical assistance or first aid personnel is  engaged  in
    the execution of any of his or her official duties, or to
    prevent  the  emergency  medical  technician - ambulance,
    emergency medical technician  -  intermediate,  emergency
    medical  technician  -  paramedic,  ambulance  driver, or
    other medical assistance  or  first  aid  personnel  from
    performing  his or her official duties, or in retaliation
    for  the  emergency  medical  technician   -   ambulance,
    emergency  medical  technician  - intermediate, emergency
    medical technician  -  paramedic,  ambulance  driver,  or
    other   medical   assistance   or   first  aid  personnel
    performing his or her official duties; or
         (6)  Discharges a machine gun or a firearm  equipped
    with  a  device designed or used for silencing the report
    of a firearm in the direction of  a  vehicle  he  or  she
    knows to be occupied by an emergency medical technician -
    ambulance,  emergency  medical technician - intermediate,
    emergency  medical  technician  -  paramedic,   ambulance
    driver,   or   other  medical  assistance  or  first  aid
    personnel,  employed   by   a   municipality   or   other
    governmental unit, while the emergency medical technician
    - ambulance, emergency medical technician - intermediate,
    emergency   medical  technician  -  paramedic,  ambulance
    driver,  or  other  medical  assistance  or   first   aid
    personnel  is  engaged  in the execution of any of his or
    her official duties, or to prevent the emergency  medical
    technician  -  ambulance,  emergency medical technician -
    intermediate, emergency medical technician  -  paramedic,
    ambulance  driver,  or  other medical assistance or first
    aid personnel from performing his or her official duties,
    or in retaliation for the emergency medical technician  -
    ambulance,  emergency  medical technician - intermediate,
    emergency  medical  technician  -  paramedic,   ambulance
    driver,   or   other  medical  assistance  or  first  aid
    personnel performing his or her official duties.
    (b)  A violation  of  subsection (a) (1)  or   subsection
(a)  (2) of this Section is a Class X felony.  A violation of
subsection (a) (3), (a) (4), (a) (5),  or  (a)  (6)  of  this
Section is a Class X felony for which the sentence shall be a
term  of  imprisonment  of  no less than 12 years and no more
than 50 years.
    (c)  For the purpose of this Section, "machine  gun"  has
the  meaning ascribed to it in clause (i) of paragraph (7) of
subsection (a) of Section 24-1 of this Code.

    (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
    Sec. 26-1.  Elements of the Offense.
    (a)  A  person  commits  disorderly   conduct   when   he
knowingly:
         (1)  Does  any act in such unreasonable manner as to
    alarm or disturb another and to provoke a breach  of  the
    peace; or
         (2)  Transmits  or  causes  to be transmitted in any
    manner to the fire department of any city, town,  village
    or  fire  protection  district  a  false  alarm  of fire,
    knowing at the time of such transmission that there is no
    reasonable ground for believing that such fire exists; or
         (3)  Transmits or causes to be  transmitted  in  any
    manner to another a false alarm to the effect that a bomb
    or  other  explosive of any nature or a container holding
    poison gas, a deadly biological or chemical  contaminant,
    or radioactive substance  is concealed in such place that
    its  explosion  or  release  would  endanger  human life,
    knowing at the time of such transmission that there is no
    reasonable  ground  for  believing  that  such  bomb,  or
    explosive or a container holding  poison  gas,  a  deadly
    biological   or   chemical  contaminant,  or  radioactive
    substance  is concealed in such place; or
         (4)  Transmits or causes to be  transmitted  in  any
    manner  to  any  peace  officer, public officer or public
    employee a report to the effect that an offense  will  be
    committed,  is  being  committed,  or has been committed,
    knowing at the time of such transmission that there is no
    reasonable ground for believing that such an offense will
    be committed, is being committed, or has been  committed;
    or
         (5)  Enters  upon  the property of another and for a
    lewd  or  unlawful  purpose  deliberately  looks  into  a
    dwelling on the property  through  any  window  or  other
    opening in it; or
         (6)  While  acting as a collection agency as defined
    in the "Collection Agency Act" or as an employee of  such
    collection  agency,  and  while  attempting to collect an
    alleged debt, makes  a  telephone  call  to  the  alleged
    debtor  which  is designed to harass, annoy or intimidate
    the alleged debtor; or
         (7)  Transmits or causes to be transmitted  a  false
    report  to the Department of Children and Family Services
    under Section  4  of  the  "Abused  and  Neglected  Child
    Reporting Act"; or
         (8)  Transmits  or  causes to be transmitted a false
    report to the  Department  of  Public  Health  under  the
    Nursing Home Care Act; or
         (9)  Transmits  or  causes  to be transmitted in any
    manner to the police department or fire department of any
    municipality  or  fire  protection   district,   or   any
    privately  owned  and operated ambulance service, a false
    request   for    an    ambulance,    emergency    medical
    technician-ambulance       or      emergency      medical
    technician-paramedic knowing at  the  time  there  is  no
    reasonable  ground  for believing that such assistance is
    required; or
         (10)  Transmits or causes to be transmitted a  false
    report under Article II of "An Act in relation to victims
    of  violence  and abuse", approved September 16, 1984, as
    amended; or
         (11)  Transmits or causes to be transmitted a  false
    report to any public safety agency without the reasonable
    grounds  necessary  to  believe  that transmitting such a
    report is necessary for the safety  and  welfare  of  the
    public; or
         (12)  Calls  the  number  "911"  for  the purpose of
    making or transmitting a false  alarm  or  complaint  and
    reporting  information  when,  at  the  time  the call or
    transmission is  made,  the  person  knows  there  is  no
    reasonable ground for making the call or transmission and
    further  knows that the call or transmission could result
    in the emergency response of any public safety agency.
    (b)  Sentence.
    (1)  A violation of subsection (a) (1) of this Section is
a Class C misdemeanor. A violation  of  subsection  (a)  (7),
(a)(11), or (a)(12) of this Section is a Class A misdemeanor.
A  violation  of  subsection  (a) (5), (a) (8) or (a) (10) of
this Section  is  a  Class  B  misdemeanor.  A  violation  of
subsection  (a)  (2),  (a)  (3),  (a)(4),  or  (a)(9) of this
Section is a Class 4 felony. A violation of subsection (a)(3)
of this Section is a Class 3 felony, for which a fine of  not
less  than  $3,000 and no more than $10,000 shall be assessed
in addition to any other penalty imposed.
    A violation of subsection (a) (6) of this  Section  is  a
Business  Offense  and  shall  be  punished  by a fine not to
exceed $3,000. A second or subsequent violation of subsection
(a) (7), (a)(11), or (a)(12) of this Section  is  a  Class  4
felony.
    (c)  In  addition  to  any  other  sentence  that  may be
imposed,  a  court  shall  order  any  person  convicted   of
disorderly  conduct to perform community service for not less
than 30 and not more than 120 hours, if community service  is
available  in  the jurisdiction and is funded and approved by
the  county  board  of  the  county  where  the  offense  was
committed. In addition, whenever  any  person  is  placed  on
supervision  for  an  alleged offense under this Section, the
supervision shall be conditioned upon the performance of  the
community service.
    This  subsection  does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)

    Section 10.  The Unified Code of Corrections  is  amended
by changing Section 3-6-3 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 effective date of this amendatory
    Act of 1998, the following:
              (i)  that  a  prisoner who is serving a term of
         imprisonment for first degree murder  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
    the  effective  date  of this amendatory Act of 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, 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 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.
         (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, 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  (iii)  for
    conviction   of   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
    the effective date of this amendatory Act of 1998.
         (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
    the  effective date of this amendatory Act of 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  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.  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  the
effective  date  of  this  amendatory Act of 1998, (2.3)  The
rules and regulations on early release shall provide  that  a
prisoner  who  is  serving  sentence for reckless homicide as
defined in subsection (e) of Section 9-3 of the Criminal Code
of 1961 committed on or after  the  effective  date  of  this
amendatory Act of 1998 shall receive no more than 4.5 days of
good  conduct credit for each month of his or her sentence of
imprisonment.: (i) or (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 the effective  date
of  this  amendatory  Act of 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
the effective date of this amendatory Act of 1998,
(Source: P.A.  90-592,  eff.  6-19-98;  90-593, eff. 6-19-98;
90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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