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.