100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2515

 

Introduced , by Rep. Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Unified Code of Corrections. Provides that at least 9 (rather than 6) members appointed to the Prisoner Review Board must have had at least 5 (rather than 3) years experience in the field of juvenile matters including a post-graduate degree and a demonstrated competency in the field of adolescent development. Provides that no more than 3 members qualified in the field of juvenile matters may use their experience in law enforcement, the prosecution of juveniles, corrections, or their prior experience as a member of the Board prior to the effective date of the amendatory Act, towards their 5 years of actual experience in the field of juvenile matters. Provides that a person under 21 years of age at the time of the commission of a non-homicide offense or offenses, and who is not serving a sentence for a homicide offense, shall be eligible for parole review by the Prisoner Review Board after serving 10 years or more of his or her sentence. Provides that a person under 21 years of age at the time of the commission of a homicide offense or offenses, shall be eligible for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence. Provides that 3 years prior to becoming eligible for parole review, the eligible person may file his or her petition for parole review with the Prisoner Review Board. Provides that the eligible person has a right to be physically present at the Prisoner Review Board hearing. Provides that the eligible person and his or her counsel have a right to present written documents and oral testimony at the Prisoner Review Board hearing. Provides that unless denied parole, the eligible person shall be released on parole which shall operate to discharge the remaining term of years or natural life sentence imposed upon him or her, notwithstanding any required mandatory supervised release period the eligible person is required to serve.


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A BILL FOR

 

HB2515LRB100 06853 RLC 16902 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-1, 3-3-2, 5-4.5-20, 5-4.5-25, 5-4.5-30,
6and 5-8-1 by adding Sections 5-4.5-110 and 5-4.5-115 as
7follows:
 
8    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
9    Sec. 3-3-1. Establishment and appointment of Prisoner
10Review Board.
11    (a) There shall be a Prisoner Review Board independent of
12the Department which shall be:
13        (1) the paroling authority for persons sentenced under
14    the law in effect prior to the effective date of this
15    amendatory Act of 1977;
16        (1.5) (blank);
17        (2) the board of review for cases involving the
18    revocation of sentence credits or a suspension or reduction
19    in the rate of accumulating the credit;
20        (3) the board of review and recommendation for the
21    exercise of executive clemency by the Governor;
22        (4) the authority for establishing release dates for
23    certain prisoners sentenced under the law in existence

 

 

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1    prior to the effective date of this amendatory Act of 1977,
2    in accordance with Section 3-3-2.1 of this Code;
3        (5) the authority for setting conditions for parole and
4    mandatory supervised release under Section 5-8-1(a) of
5    this Code, and determining whether a violation of those
6    conditions warrant revocation of parole or mandatory
7    supervised release or the imposition of other sanctions;
8    and
9        (6) the authority for determining whether a violation
10    of aftercare release conditions warrant revocation of
11    aftercare release.
12    (b) The Board shall consist of 15 persons appointed by the
13Governor by and with the advice and consent of the Senate. One
14member of the Board shall be designated by the Governor to be
15Chairman and shall serve as Chairman at the pleasure of the
16Governor. The members of the Board shall have had at least 5
17years of actual experience in the fields of penology,
18corrections work, law enforcement, sociology, law, education,
19social work, medicine, psychology, other behavioral sciences,
20or a combination thereof. At least 9 6 members so appointed
21must have had at least 5 3 years experience in the field of
22juvenile matters including a post-graduate degree and a
23demonstrated competency in the field of adolescent
24development. No more than 8 Board members may be members of the
25same political party. No more than 3 members so qualified in
26the field of juvenile matters may use their experience in law

 

 

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1enforcement, the prosecution of juveniles, corrections, or
2their prior experience as a member of the Board prior to the
3effective date of this amendatory Act of the 100th General
4Assembly, towards their 5 years of actual experience in the
5field of juvenile matters.
6    Each member of the Board shall serve on a full-time basis
7and shall not hold any other salaried public office, whether
8elective or appointive, nor any other office or position of
9profit, nor engage in any other business, employment, or
10vocation. The Chairman of the Board shall receive $35,000 a
11year, or an amount set by the Compensation Review Board,
12whichever is greater, and each other member $30,000, or an
13amount set by the Compensation Review Board, whichever is
14greater.
15    (c) Notwithstanding any other provision of this Section,
16the term of each member of the Board who was appointed by the
17Governor and is in office on June 30, 2003 shall terminate at
18the close of business on that date or when all of the successor
19members to be appointed pursuant to this amendatory Act of the
2093rd General Assembly have been appointed by the Governor,
21whichever occurs later. As soon as possible, the Governor shall
22appoint persons to fill the vacancies created by this
23amendatory Act.
24    Of the initial members appointed under this amendatory Act
25of the 93rd General Assembly, the Governor shall appoint 5
26members whose terms shall expire on the third Monday in January

 

 

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12005, 5 members whose terms shall expire on the third Monday in
2January 2007, and 5 members whose terms shall expire on the
3third Monday in January 2009. Their respective successors shall
4be appointed for terms of 6 years from the third Monday in
5January of the year of appointment. Each member shall serve
6until his or her successor is appointed and qualified.
7    Any member may be removed by the Governor for incompetence,
8neglect of duty, malfeasance or inability to serve.
9    (d) The Chairman of the Board shall be its chief executive
10and administrative officer. The Board may have an Executive
11Director; if so, the Executive Director shall be appointed by
12the Governor with the advice and consent of the Senate. The
13salary and duties of the Executive Director shall be fixed by
14the Board.
15(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
16    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
17    Sec. 3-3-2. Powers and duties.
18    (a) The Parole and Pardon Board is abolished and the term
19"Parole and Pardon Board" as used in any law of Illinois, shall
20read "Prisoner Review Board." After the effective date of this
21amendatory Act of 1977, the Prisoner Review Board shall provide
22by rule for the orderly transition of all files, records, and
23documents of the Parole and Pardon Board and for such other
24steps as may be necessary to effect an orderly transition and
25shall:

 

 

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1        (1) hear by at least one member and through a panel of
2    at least 3 members decide, cases of prisoners who were
3    sentenced under the law in effect prior to the effective
4    date of this amendatory Act of 1977, and who are eligible
5    for parole;
6        (2) hear by at least one member and through a panel of
7    at least 3 members decide, the conditions of parole and the
8    time of discharge from parole, impose sanctions for
9    violations of parole, and revoke parole for those sentenced
10    under the law in effect prior to this amendatory Act of
11    1977; provided that the decision to parole and the
12    conditions of parole for all prisoners who were sentenced
13    for first degree murder or who received a minimum sentence
14    of 20 years or more under the law in effect prior to
15    February 1, 1978 shall be determined by a majority vote of
16    the Prisoner Review Board. One representative supporting
17    parole and one representative opposing parole will be
18    allowed to speak. Their comments shall be limited to making
19    corrections and filling in omissions to the Board's
20    presentation and discussion;
21        (3) hear by at least one member and through a panel of
22    at least 3 members decide, the conditions of mandatory
23    supervised release and the time of discharge from mandatory
24    supervised release, impose sanctions for violations of
25    mandatory supervised release, and revoke mandatory
26    supervised release for those sentenced under the law in

 

 

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1    effect after the effective date of this amendatory Act of
2    1977;
3        (3.5) hear by at least one member and through a panel
4    of at least 3 members decide, the conditions of mandatory
5    supervised release and the time of discharge from mandatory
6    supervised release, to impose sanctions for violations of
7    mandatory supervised release and revoke mandatory
8    supervised release for those serving extended supervised
9    release terms pursuant to paragraph (4) of subsection (d)
10    of Section 5-8-1;
11        (3.6) hear by at least one member and through a panel
12    of at least 3 members decide whether to revoke aftercare
13    release for those committed to the Department of Juvenile
14    Justice under the Juvenile Court Act of 1987;
15        (4) hear by at least one member and through a panel of
16    at least 3 members, decide cases brought by the Department
17    of Corrections against a prisoner in the custody of the
18    Department for alleged violation of Department rules with
19    respect to sentence credits under Section 3-6-3 of this
20    Code in which the Department seeks to revoke sentence
21    credits, if the amount of time at issue exceeds 30 days or
22    when, during any 12 month period, the cumulative amount of
23    credit revoked exceeds 30 days except where the infraction
24    is committed or discovered within 60 days of scheduled
25    release. In such cases, the Department of Corrections may
26    revoke up to 30 days of sentence credit. The Board may

 

 

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1    subsequently approve the revocation of additional sentence
2    credit, if the Department seeks to revoke sentence credit
3    in excess of thirty days. However, the Board shall not be
4    empowered to review the Department's decision with respect
5    to the loss of 30 days of sentence credit for any prisoner
6    or to increase any penalty beyond the length requested by
7    the Department;
8        (5) hear by at least one member and through a panel of
9    at least 3 members decide, the release dates for certain
10    prisoners sentenced under the law in existence prior to the
11    effective date of this amendatory Act of 1977, in
12    accordance with Section 3-3-2.1 of this Code;
13        (6) hear by at least one member and through a panel of
14    at least 3 members decide, all requests for pardon,
15    reprieve or commutation, and make confidential
16    recommendations to the Governor;
17        (6.5) hear, in accordance with Section 5-4.5-110 of
18    this Code, parole review and make release determinations of
19    persons under the age of 21 at the time of the commission
20    of an offense;
21        (7) comply with the requirements of the Open Parole
22    Hearings Act;
23        (8) hear by at least one member and, through a panel of
24    at least 3 members, decide cases brought by the Department
25    of Corrections against a prisoner in the custody of the
26    Department for court dismissal of a frivolous lawsuit

 

 

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1    pursuant to Section 3-6-3(d) of this Code in which the
2    Department seeks to revoke up to 180 days of sentence
3    credit, and if the prisoner has not accumulated 180 days of
4    sentence credit at the time of the dismissal, then all
5    sentence credit accumulated by the prisoner shall be
6    revoked;
7        (9) hear by at least 3 members, and, through a panel of
8    at least 3 members, decide whether to grant certificates of
9    relief from disabilities or certificates of good conduct as
10    provided in Article 5.5 of Chapter V;
11        (10) upon a petition by a person who has been convicted
12    of a Class 3 or Class 4 felony and who meets the
13    requirements of this paragraph, hear by at least 3 members
14    and, with the unanimous vote of a panel of 3 members, issue
15    a certificate of eligibility for sealing recommending that
16    the court order the sealing of all official records of the
17    arresting authority, the circuit court clerk, and the
18    Department of State Police concerning the arrest and
19    conviction for the Class 3 or 4 felony. A person may not
20    apply to the Board for a certificate of eligibility for
21    sealing:
22            (A) until 5 years have elapsed since the expiration
23        of his or her sentence;
24            (B) until 5 years have elapsed since any arrests or
25        detentions by a law enforcement officer for an alleged
26        violation of law, other than a petty offense, traffic

 

 

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1        offense, conservation offense, or local ordinance
2        offense;
3            (C) if convicted of a violation of the Cannabis
4        Control Act, Illinois Controlled Substances Act, the
5        Methamphetamine Control and Community Protection Act,
6        the Methamphetamine Precursor Control Act, or the
7        Methamphetamine Precursor Tracking Act unless the
8        petitioner has completed a drug abuse program for the
9        offense on which sealing is sought and provides proof
10        that he or she has completed the program successfully;
11            (D) if convicted of:
12                (i) a sex offense described in Article 11 or
13            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
14            the Criminal Code of 1961 or the Criminal Code of
15            2012;
16                (ii) aggravated assault;
17                (iii) aggravated battery;
18                (iv) domestic battery;
19                (v) aggravated domestic battery;
20                (vi) violation of an order of protection;
21                (vii) an offense under the Criminal Code of
22            1961 or the Criminal Code of 2012 involving a
23            firearm;
24                (viii) driving while under the influence of
25            alcohol, other drug or drugs, intoxicating
26            compound or compounds or any combination thereof;

 

 

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1                (ix) aggravated driving while under the
2            influence of alcohol, other drug or drugs,
3            intoxicating compound or compounds or any
4            combination thereof; or
5                (x) any crime defined as a crime of violence
6            under Section 2 of the Crime Victims Compensation
7            Act.
8        If a person has applied to the Board for a certificate
9    of eligibility for sealing and the Board denies the
10    certificate, the person must wait at least 4 years before
11    filing again or filing for pardon from the Governor unless
12    the Chairman of the Prisoner Review Board grants a waiver.
13        The decision to issue or refrain from issuing a
14    certificate of eligibility for sealing shall be at the
15    Board's sole discretion, and shall not give rise to any
16    cause of action against either the Board or its members.
17        The Board may only authorize the sealing of Class 3 and
18    4 felony convictions of the petitioner from one information
19    or indictment under this paragraph (10). A petitioner may
20    only receive one certificate of eligibility for sealing
21    under this provision for life; and
22        (11) upon a petition by a person who after having been
23    convicted of a Class 3 or Class 4 felony thereafter served
24    in the United States Armed Forces or National Guard of this
25    or any other state and had received an honorable discharge
26    from the United States Armed Forces or National Guard or

 

 

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1    who at the time of filing the petition is enlisted in the
2    United States Armed Forces or National Guard of this or any
3    other state and served one tour of duty and who meets the
4    requirements of this paragraph, hear by at least 3 members
5    and, with the unanimous vote of a panel of 3 members, issue
6    a certificate of eligibility for expungement recommending
7    that the court order the expungement of all official
8    records of the arresting authority, the circuit court
9    clerk, and the Department of State Police concerning the
10    arrest and conviction for the Class 3 or 4 felony. A person
11    may not apply to the Board for a certificate of eligibility
12    for expungement:
13            (A) if convicted of:
14                (i) a sex offense described in Article 11 or
15            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
16            the Criminal Code of 1961 or Criminal Code of 2012;
17                (ii) an offense under the Criminal Code of 1961
18            or Criminal Code of 2012 involving a firearm; or
19                (iii) a crime of violence as defined in Section
20            2 of the Crime Victims Compensation Act; or
21            (B) if the person has not served in the United
22        States Armed Forces or National Guard of this or any
23        other state or has not received an honorable discharge
24        from the United States Armed Forces or National Guard
25        of this or any other state or who at the time of the
26        filing of the petition is serving in the United States

 

 

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1        Armed Forces or National Guard of this or any other
2        state and has not completed one tour of duty.
3        If a person has applied to the Board for a certificate
4    of eligibility for expungement and the Board denies the
5    certificate, the person must wait at least 4 years before
6    filing again or filing for a pardon with authorization for
7    expungement from the Governor unless the Governor or
8    Chairman of the Prisoner Review Board grants a waiver.
9    (a-5) The Prisoner Review Board, with the cooperation of
10and in coordination with the Department of Corrections and the
11Department of Central Management Services, shall implement a
12pilot project in 3 correctional institutions providing for the
13conduct of hearings under paragraphs (1) and (4) of subsection
14(a) of this Section through interactive video conferences. The
15project shall be implemented within 6 months after the
16effective date of this amendatory Act of 1996. Within 6 months
17after the implementation of the pilot project, the Prisoner
18Review Board, with the cooperation of and in coordination with
19the Department of Corrections and the Department of Central
20Management Services, shall report to the Governor and the
21General Assembly regarding the use, costs, effectiveness, and
22future viability of interactive video conferences for Prisoner
23Review Board hearings.
24    (b) Upon recommendation of the Department the Board may
25restore sentence credit previously revoked.
26    (c) The Board shall cooperate with the Department in

 

 

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1promoting an effective system of parole and mandatory
2supervised release.
3    (d) The Board shall promulgate rules for the conduct of its
4work, and the Chairman shall file a copy of such rules and any
5amendments thereto with the Director and with the Secretary of
6State.
7    (e) The Board shall keep records of all of its official
8actions and shall make them accessible in accordance with law
9and the rules of the Board.
10    (f) The Board or one who has allegedly violated the
11conditions of his or her parole, aftercare release, or
12mandatory supervised release may require by subpoena the
13attendance and testimony of witnesses and the production of
14documentary evidence relating to any matter under
15investigation or hearing. The Chairman of the Board may sign
16subpoenas which shall be served by any agent or public official
17authorized by the Chairman of the Board, or by any person
18lawfully authorized to serve a subpoena under the laws of the
19State of Illinois. The attendance of witnesses, and the
20production of documentary evidence, may be required from any
21place in the State to a hearing location in the State before
22the Chairman of the Board or his or her designated agent or
23agents or any duly constituted Committee or Subcommittee of the
24Board. Witnesses so summoned shall be paid the same fees and
25mileage that are paid witnesses in the circuit courts of the
26State, and witnesses whose depositions are taken and the

 

 

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1persons taking those depositions are each entitled to the same
2fees as are paid for like services in actions in the circuit
3courts of the State. Fees and mileage shall be vouchered for
4payment when the witness is discharged from further attendance.
5    In case of disobedience to a subpoena, the Board may
6petition any circuit court of the State for an order requiring
7the attendance and testimony of witnesses or the production of
8documentary evidence or both. A copy of such petition shall be
9served by personal service or by registered or certified mail
10upon the person who has failed to obey the subpoena, and such
11person shall be advised in writing that a hearing upon the
12petition will be requested in a court room to be designated in
13such notice before the judge hearing motions or extraordinary
14remedies at a specified time, on a specified date, not less
15than 10 nor more than 15 days after the deposit of the copy of
16the written notice and petition in the U.S. mails addressed to
17the person at his last known address or after the personal
18service of the copy of the notice and petition upon such
19person. The court upon the filing of such a petition, may order
20the person refusing to obey the subpoena to appear at an
21investigation or hearing, or to there produce documentary
22evidence, if so ordered, or to give evidence relative to the
23subject matter of that investigation or hearing. Any failure to
24obey such order of the circuit court may be punished by that
25court as a contempt of court.
26    Each member of the Board and any hearing officer designated

 

 

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1by the Board shall have the power to administer oaths and to
2take the testimony of persons under oath.
3    (g) Except under subsection (a) of this Section, a majority
4of the members then appointed to the Prisoner Review Board
5shall constitute a quorum for the transaction of all business
6of the Board.
7    (h) The Prisoner Review Board shall annually transmit to
8the Director a detailed report of its work for the preceding
9calendar year. The annual report shall also be transmitted to
10the Governor for submission to the Legislature.
11(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
1298-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 
13    (730 ILCS 5/5-4.5-20)
14    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
15degree murder:
16    (a) TERM. The defendant shall be sentenced to imprisonment
17or, if appropriate, death under Section 9-1 of the Criminal
18Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
19Imprisonment shall be for a determinate term, subject to
20Section 5-4.5-110 of this Code, of (1) not less than 20 years
21and not more than 60 years; (2) not less than 60 years and not
22more than 100 years when an extended term is imposed under
23Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
24provided in Section 5-8-1 (730 ILCS 5/5-8-1).
25    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment

 

 

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1shall not be imposed.
2    (c) IMPACT INCARCERATION. The impact incarceration program
3or the county impact incarceration program is not an authorized
4disposition.
5    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
6probation or conditional discharge shall not be imposed.
7    (e) FINE. Fines may be imposed as provided in Section
85-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
9    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
10concerning restitution.
11    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
12be concurrent or consecutive as provided in Section 5-8-4 (730
13ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
14    (h) DRUG COURT. Drug court is not an authorized
15disposition.
16    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
17ILCS 5/5-4.5-100) concerning no credit for time spent in home
18detention prior to judgment.
19    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
20for rules and regulations for sentence credit.
21    (k) ELECTRONIC HOME DETENTION. Electronic home detention
22is not an authorized disposition, except in limited
23circumstances as provided in Section 5-8A-3 (730 ILCS
245/5-8A-3).
25    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
26provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or

 

 

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1mandatory supervised release term shall be 3 years upon release
2from imprisonment.
3(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
 
4    (730 ILCS 5/5-4.5-25)
5    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
6felony:
7    (a) TERM. The sentence of imprisonment shall be a
8determinate sentence, subject to Section 5-4.5-110 of this
9Code, of not less than 6 years and not more than 30 years. The
10sentence of imprisonment for an extended term Class X felony,
11as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
12Section 5-4.5-110 of this Code, shall be not less than 30 years
13and not more than 60 years.
14    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
15shall not be imposed.
16    (c) IMPACT INCARCERATION. The impact incarceration program
17or the county impact incarceration program is not an authorized
18disposition.
19    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
20probation or conditional discharge shall not be imposed.
21    (e) FINE. Fines may be imposed as provided in Section
225-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
23    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
24concerning restitution.
25    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

 

 

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1be concurrent or consecutive as provided in Section 5-8-4 (730
2ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
3    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
4Act (730 ILCS 166/20) concerning eligibility for a drug court
5program.
6    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
7ILCS 5/5-4.5-100) concerning no credit for time spent in home
8detention prior to judgment.
9    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
10for rules and regulations for sentence credit.
11    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
125/5-8A-3) concerning eligibility for electronic home
13detention.
14    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
15provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
165/5-8-1), the parole or mandatory supervised release term shall
17be 3 years upon release from imprisonment.
18(Source: P.A. 97-697, eff. 6-22-12.)
 
19    (730 ILCS 5/5-4.5-30)
20    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
21felony:
22    (a) TERM. The sentence of imprisonment, other than for
23second degree murder, shall be a determinate sentence of not
24less than 4 years and not more than 15 years. The sentence of
25imprisonment for second degree murder shall be a determinate

 

 

HB2515- 19 -LRB100 06853 RLC 16902 b

1sentence of not less than 4 years and not more than 20 years.
2The sentence of imprisonment for an extended term Class 1
3felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2),
4subject to Section 5-4.5-110 of this Code, shall be a term not
5less than 15 years and not more than 30 years.
6    (b) PERIODIC IMPRISONMENT. A sentence of periodic
7imprisonment shall be for a definite term of from 3 to 4 years,
8except as otherwise provided in Section 5-5-3 or 5-7-1 (730
9ILCS 5/5-5-3 or 5/5-7-1).
10    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
11(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
12the impact incarceration program or the county impact
13incarceration program.
14    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
15in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
16period of probation or conditional discharge shall not exceed 4
17years. The court shall specify the conditions of probation or
18conditional discharge as set forth in Section 5-6-3 (730 ILCS
195/5-6-3). In no case shall an offender be eligible for a
20disposition of probation or conditional discharge for a Class 1
21felony committed while he or she was serving a term of
22probation or conditional discharge for a felony.
23    (e) FINE. Fines may be imposed as provided in Section
245-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
25    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
26concerning restitution.

 

 

HB2515- 20 -LRB100 06853 RLC 16902 b

1    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
2be concurrent or consecutive as provided in Section 5-8-4 (730
3ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
4    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
5Act (730 ILCS 166/20) concerning eligibility for a drug court
6program.
7    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
8ILCS 5/5-4.5-100) concerning credit for time spent in home
9detention prior to judgment.
10    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
11ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
12(730 ILCS 130/) for rules and regulations for sentence credit.
13    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
145/5-8A-3) concerning eligibility for electronic home
15detention.
16    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
17provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
185/5-8-1), the parole or mandatory supervised release term shall
19be 2 years upon release from imprisonment.
20(Source: P.A. 97-697, eff. 6-22-12.)
 
21    (730 ILCS 5/5-4.5-110 new)
22    Sec. 5-4.5-110. Parole review of persons under the age of
2321 at the time of the commission of an offense.
24    (a) A person under 21 years of age at the time of the
25commission of a non-homicide offense or offenses, and who is

 

 

HB2515- 21 -LRB100 06853 RLC 16902 b

1not serving a sentence for a homicide offense, shall be
2eligible for parole review by the Prisoner Review Board after
3serving 10 years or more of his or her sentence. A person under
421 years of age at the time of the commission of a homicide
5offense or offenses, shall be eligible for parole review by the
6Prisoner Review Board after serving 20 years or more of his or
7her sentence.
8    (b) Three years prior to becoming eligible for parole
9review, the eligible person may file his or her petition for
10parole review with the Prisoner Review Board. The petition
11shall include a copy of the order of commitment and sentence to
12the Department of Corrections for the offense or offenses for
13which review is sought. Within 30 days of receipt of this
14petition, the Prisoner Review Board shall determine whether the
15petition is appropriately filed, and if so, shall set a date
16for parole review three years from receipt of the petition and
17notify the Department of Corrections within 3 business days. If
18the Prisoner Review Board determines that the petition is not
19appropriately filed, it shall notify the petitioner in writing,
20including a basis for its determination, and such determination
21is eligible for review under subsection (o) of this Section.
22    (c) Within 6 months of the Prisoner Review Board's
23determination that the petition was appropriately filed, the
24Department of Corrections shall prepare a written assessment of
25the needs of the eligible person and identify programming and
26services that would be appropriate to prepare the offender for

 

 

HB2515- 22 -LRB100 06853 RLC 16902 b

1return to the community, and provide a copy of that assessment
2to the Prisoner Review Board and the eligible person. The
3Department of Corrections shall make the programming and
4services available to the eligible person. Within 30 days of
5the completion of the written assessment, the Prisoner Review
6Board and a representative from the Department of Corrections
7shall meet with the eligible person and provide the inmate
8information about the parole hearing process, legal factors
9relevant to his or her suitability or unsuitability for parole,
10and personalized recommendations for the inmate regarding his
11or her work assignments, rehabilitative programs, and
12institutional behavior. Following this meeting, the eligible
13person has 7 calendar days to file a written request to the
14representative from the Department of Corrections who met with
15the eligible person of any additional programs and services
16which the eligible person believes should be included in the
17assessment to prepare the eligible person for return to the
18community. Within 30 days following the meeting, the Board
19shall issue its recommendations to the inmate in writing
20regarding the programs and services within the Department of
21Corrections in which the eligible person should participate in
22order to prepare for his or her return to the community.
23    (d) One year prior to the person being eligible for parole,
24counsel shall be appointed from the county in which he or she
25was originally sentenced. If appointed counsel has a good faith
26belief that the person is not indigent, counsel may file a

 

 

HB2515- 23 -LRB100 06853 RLC 16902 b

1motion before the Prisoner Review Board seeking withdrawal. If
2withdrawal is granted, the person retains the right to counsel
3in future proceedings under this Section.
4    (e) Nine months prior to the hearing, the Prisoner Review
5Board shall provide the eligible person, and his or her
6counsel, any written documents or materials it will be
7considering in making its decision. The Prisoner Review Board
8shall have an ongoing duty to provide the eligible person, and
9his or her counsel, with any further documents or materials
10that comes into its possession prior to the hearing.
11    (f) Nine months before the hearing, the Prisoner Review
12Board shall provide notification to the victim or family of the
13victim, of the scheduled hearing date. The Prisoner Review
14Board also shall advise the victim or family of the victim of
15the offense, of their rights under Section 8.1 of Article I of
16the Illinois Constitution and the laws of this State. The
17Prisoner Review Board shall afford the victim or families of
18victims of the crime, or both, for which the petitioner was
19originally sentenced an opportunity to provide a victim impact
20statement at the parole hearing. The Prisoner Review Board
21shall permit those statements and may consider the live
22testimony of a victim or a victim representative at its
23discretion.
24    (g) The eligible person has a right to be physically
25present at the Prisoner Review Board hearing. Any form of
26electronic or video transmission may not constitute physical

 

 

HB2515- 24 -LRB100 06853 RLC 16902 b

1presence. At the hearing, the eligible person shall have the
2right to make a statement on his or her own behalf. The
3eligible person shall have his or her constitutional right to
4remain silent.
5    (h) The eligible person and his or her counsel have a right
6to present written documents and oral testimony at the Prisoner
7Review Board hearing. If a psychological evaluation is
8submitted for the Prisoner Review Board's consideration, it
9shall be prepared by a person who has expertise in adolescent
10brain development and behavior, and shall take into
11consideration the diminished culpability of youthful
12offenders, the hallmark features of youth, and any subsequent
13growth and increased maturity of the person. The eligible
14person and his or her counsel shall also have the right to
15cross-examine any witnesses appearing in opposition to the
16eligible person's release.
17    (i) The Prisoner Review Board hearing shall be conducted by
183 members of the Prisoner Review Board qualified in the field
19of juvenile matters.
20    (j) Only upon motion for good cause shown of the eligible
21person, or his or her attorney, shall the date for the Prisoner
22Review Board hearing, as set by subsection (b) of this Section,
23be changed. All hearings shall be open to the public, and shall
24be transcribed as provided for under the Court Reporters Act
25and the Court Reporter Transcript Act.
26    (k) It is presumed that the eligible person shall be

 

 

HB2515- 25 -LRB100 06853 RLC 16902 b

1released on parole after the Prisoner Review Board hearing is
2conducted unless the 3-person panel unanimously finds by clear
3and convincing evidence that continued incarceration is
4required to protect the public from significant danger of harm
5posed by the eligible person. In making its determination of
6whether the presumption is overcome, the 3-person panel must
7consider the diminished culpability of youthful offenders, the
8hallmark features of youth, and any subsequent growth and
9maturity of the youthful offender during incarceration.
10    (l) Unless denied parole under subsection (k) of this
11Section, the eligible person shall be released on parole which
12shall operate to discharge the remaining term of years or
13natural life sentence imposed upon him or her, notwithstanding
14any required mandatory supervised release period the eligible
15person is required to serve.
16    (m) If the Prisoner Review Board denies parole after
17conducting the hearing under subsection (k) of this Section, it
18shall issue a written decision denying the parole and provide
19that decision to the eligible person and his or her counsel
20within 7 calendar days.
21    (n) If the eligible person wishes to challenge the denial
22of parole, the eligible person shall submit a written request
23for a review of the Prisoner Review Board's decision under
24subsection (m) of this Section. The review shall be conducted
25by a panel of 6 members of the Prisoner Review Board qualified
26in the field of juvenile matters, except that any board member

 

 

HB2515- 26 -LRB100 06853 RLC 16902 b

1who participated in the decision from which the challenge is
2being taken may not participate in the review. Only in the
3event of a conflict of interest, illness, or medical emergency,
4may a member of the review panel excuse himself or herself.
5Only in the event of a conflict of interest, illness, medical
6emergency, or vacancy of a juvenile matters qualified member of
7the Prisoner Review Board, may the review panel consist of less
8than 6 members. The review must take place within 60 days of
9the receipt of the written request. If the review panel
10unanimously agrees with the determination denying parole under
11subsection (m) of this Section, the Prisoner Review Board must
12provide written notification of its decision to the eligible
13person and his or her attorney. This written notification from
14the review panel constitutes a final determination.
15    (o) An appeal may be taken from a final determination of
16the Prisoner Review Board.
17    Proceedings on the appeal shall be governed by Illinois
18Supreme Court Rule 335 and Section 3-113 of the Code of Civil
19Procedure. If the eligible person is indigent, the State
20Appellate Defender shall represent the indigent person on
21appeal. If appointed counsel has a good faith belief that the
22person is not indigent, counsel can file a motion in the
23appellate court seeking withdrawal. If withdrawal is granted,
24the person retains the right to counsel in future proceedings
25under this Section.
26    (p) A person denied parole under subsection (m) of this

 

 

HB2515- 27 -LRB100 06853 RLC 16902 b

1Section shall be eligible for a second parole review by the
2Prisoner Review Board 10 years after the written decision under
3subsection (m) of this Section. The procedures for a second
4parole review shall be governed by subsections (b) through (o)
5of this Section.
6    (q) A person denied parole under subsection (p) of this
7Section shall be eligible for a third and final parole review
8by the Prisoner Review Board 10 years after the written
9decision under subsection (p) of this Section. The procedures
10for the third and final parole review shall be governed by
11subsections (b) through (o) of this Section.
12    (r) Except for those individuals sentenced prior to
13February 1, 1978, and who are eligible for parole release by
14the Prisoner Review Board at the time of the effective date of
15this amendatory Act of the 100th General Assembly, this Section
16shall operate retroactively to a person incarcerated for a
17offense or offenses committed before the effective date of this
18amendatory Act of the 100th General Assembly when he or she was
19under the age of 21.
20    (s) Notwithstanding anything else to the contrary in this
21Section, nothing in this Section shall be construed to delay
22parole or mandatory supervised release consideration for
23petitioners who, prior to the effective date of this amendatory
24Act of the 100th General Assembly, are or will be eligible for
25release earlier than this Section provides. Nothing in this
26Section shall be construed as a limit, substitution, or bar on

 

 

HB2515- 28 -LRB100 06853 RLC 16902 b

1a person's right to sentencing relief including any relief
2provided under Section 5-4.5-115 of this Act, or any other
3manner of relief, obtained by order of a court in proceedings
4other than as provided in this Section.
 
5    (730 ILCS 5/5-4.5-115 new)
6    Sec. 5-4.5-115. Procedure for resentencing of persons who
7received or are serving a sentence of natural life for an
8offense committed prior to the age of 18.
9    (a) If at the time of the effective date of this amendatory
10Act of the 100th General Assembly an individual is serving a
11sentence of natural life, or was previously serving a sentence
12of natural life that was vacated after January 1, 2012, for an
13offense that occurred when he or she was under the age of 18,
14he or she may seek resentencing under this Section, provided
15the individual has not already been resentenced after January
161, 2012.
17    (b) At the resentencing hearing, the court shall:
18        (1) consider in mitigation the factors listed in
19    paragraphs (1) through (9) of subsection (a) of Section
20    5-4.5-105 of this Code;
21        (2) consider the evidence, if any, received at the
22    trial;
23        (3) consider any presentence reports;
24        (4) consider the financial impact of incarceration
25    based on the financial impact statement filed with the

 

 

HB2515- 29 -LRB100 06853 RLC 16902 b

1    clerk of the court by the Department of Corrections;
2        (5) consider any additional evidence and information
3    offered by the parties in aggravation and mitigation,
4    including, but not limited to, scientific evidence of
5    recidivism;
6        (6) consider the individual's overall record of
7    behavior while incarcerated, including disciplinary
8    history, and participation in educational, vocational, and
9    life skills programs, including, but not limited to,
10    restorative justice programs, and extent of cooperation
11    with staff;
12        (7) consider the individual's acceptance of
13    responsibility for the crime or expressions of remorse, or
14    both; however, nothing in this paragraph (7) shall be
15    construed against a petitioner who avers a good faith claim
16    of innocence;
17        (8) hear arguments as to sentencing alternatives;
18        (9) afford the individual the opportunity to make a
19    statement in his or her own behalf; and
20        (10) afford the victim or families of victims of the
21    crime, or both, for which the individual was originally
22    sentenced an opportunity to provide a victim impact
23    statement to the court. The court shall permit those
24    statements and may consider the live testimony of a victim
25    or a victim representative at its discretion.
26    (c) Nothing in this Section shall be construed to prevent

 

 

HB2515- 30 -LRB100 06853 RLC 16902 b

1or limit a person's constitutional or statutory claims, which
2have been brought or may be brought, before any court in this
3State.
 
4    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
5    Sec. 5-8-1. Natural life imprisonment; enhancements for
6use of a firearm; mandatory supervised release terms.
7    (a) Except as otherwise provided in the statute defining
8the offense or in Article 4.5 of Chapter V, a sentence of
9imprisonment for a felony shall be a determinate sentence set
10by the court under this Section, subject to Section 5-4.5-110
11of this Code, according to the following limitations:
12        (1) for first degree murder,
13            (a) (blank),
14            (b) if a trier of fact finds beyond a reasonable
15        doubt that the murder was accompanied by exceptionally
16        brutal or heinous behavior indicative of wanton
17        cruelty or, except as set forth in subsection (a)(1)(c)
18        of this Section, that any of the aggravating factors
19        listed in subsection (b) or (b-5) of Section 9-1 of the
20        Criminal Code of 1961 or the Criminal Code of 2012 are
21        present, the court may sentence the defendant, subject
22        to Section 5-4.5-105, to a term of natural life
23        imprisonment, or
24            (c) the court shall sentence the defendant to a
25        term of natural life imprisonment if the defendant, at

 

 

HB2515- 31 -LRB100 06853 RLC 16902 b

1        the time of the commission of the murder, had attained
2        the age of 18, and
3                (i) has previously been convicted of first
4            degree murder under any state or federal law, or
5                (ii) is found guilty of murdering more than one
6            victim, or
7                (iii) is found guilty of murdering a peace
8            officer, fireman, or emergency management worker
9            when the peace officer, fireman, or emergency
10            management worker was killed in the course of
11            performing his official duties, or to prevent the
12            peace officer or fireman from performing his
13            official duties, or in retaliation for the peace
14            officer, fireman, or emergency management worker
15            from performing his official duties, and the
16            defendant knew or should have known that the
17            murdered individual was a peace officer, fireman,
18            or emergency management worker, or
19                (iv) is found guilty of murdering an employee
20            of an institution or facility of the Department of
21            Corrections, or any similar local correctional
22            agency, when the employee was killed in the course
23            of performing his official duties, or to prevent
24            the employee from performing his official duties,
25            or in retaliation for the employee performing his
26            official duties, or

 

 

HB2515- 32 -LRB100 06853 RLC 16902 b

1                (v) is found guilty of murdering an emergency
2            medical technician - ambulance, emergency medical
3            technician - intermediate, emergency medical
4            technician - paramedic, ambulance driver or other
5            medical assistance or first aid person while
6            employed by a municipality or other governmental
7            unit when the person was killed in the course of
8            performing official duties or to prevent the
9            person from performing official duties or in
10            retaliation for performing official duties and the
11            defendant knew or should have known that the
12            murdered individual was an emergency medical
13            technician - ambulance, emergency medical
14            technician - intermediate, emergency medical
15            technician - paramedic, ambulance driver, or other
16            medical assistant or first aid personnel, or
17                (vi) (blank), or
18                (vii) is found guilty of first degree murder
19            and the murder was committed by reason of any
20            person's activity as a community policing
21            volunteer or to prevent any person from engaging in
22            activity as a community policing volunteer. For
23            the purpose of this Section, "community policing
24            volunteer" has the meaning ascribed to it in
25            Section 2-3.5 of the Criminal Code of 2012.
26            For purposes of clause (v), "emergency medical

 

 

HB2515- 33 -LRB100 06853 RLC 16902 b

1        technician - ambulance", "emergency medical technician -
2         intermediate", "emergency medical technician -
3        paramedic", have the meanings ascribed to them in the
4        Emergency Medical Services (EMS) Systems Act.
5            (d) (i) if the person committed the offense while
6            armed with a firearm, 15 years shall be added to
7            the term of imprisonment imposed by the court;
8                (ii) if, during the commission of the offense,
9            the person personally discharged a firearm, 20
10            years shall be added to the term of imprisonment
11            imposed by the court;
12                (iii) if, during the commission of the
13            offense, the person personally discharged a
14            firearm that proximately caused great bodily harm,
15            permanent disability, permanent disfigurement, or
16            death to another person, 25 years or up to a term
17            of natural life shall be added to the term of
18            imprisonment imposed by the court.
19        (2) (blank);
20        (2.5) for a person who has attained the age of 18 years
21    at the time of the commission of the offense and who is
22    convicted under the circumstances described in subdivision
23    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
24    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
25    or paragraph (2) of subsection (d) of Section 12-14,
26    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)

 

 

HB2515- 34 -LRB100 06853 RLC 16902 b

1    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
2    Section 11-1.40 or paragraph (2) of subsection (b) of
3    Section 12-14.1 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, the sentence shall be a term of
5    natural life imprisonment.
6    (b) (Blank).
7    (c) (Blank).
8    (d) Subject to earlier termination under Section 3-3-8 of
95-4.5-110, the parole or mandatory supervised release term
10shall be written as part of the sentencing order and shall be
11as follows:
12        (1) for first degree murder or a Class X felony except
13    for the offenses of predatory criminal sexual assault of a
14    child, aggravated criminal sexual assault, and criminal
15    sexual assault if committed on or after the effective date
16    of this amendatory Act of the 94th General Assembly and
17    except for the offense of aggravated child pornography
18    under Section 11-20.1B, 11-20.3, or 11-20.1 with
19    sentencing under subsection (c-5) of Section 11-20.1 of the
20    Criminal Code of 1961 or the Criminal Code of 2012, if
21    committed on or after January 1, 2009, 3 years;
22        (2) for a Class 1 felony or a Class 2 felony except for
23    the offense of criminal sexual assault if committed on or
24    after the effective date of this amendatory Act of the 94th
25    General Assembly and except for the offenses of manufacture
26    and dissemination of child pornography under clauses

 

 

HB2515- 35 -LRB100 06853 RLC 16902 b

1    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
2    of 1961 or the Criminal Code of 2012, if committed on or
3    after January 1, 2009, 2 years;
4        (3) for a Class 3 felony or a Class 4 felony, 1 year;
5        (4) for defendants who commit the offense of predatory
6    criminal sexual assault of a child, aggravated criminal
7    sexual assault, or criminal sexual assault, on or after the
8    effective date of this amendatory Act of the 94th General
9    Assembly, or who commit the offense of aggravated child
10    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
11    with sentencing under subsection (c-5) of Section 11-20.1
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    manufacture of child pornography, or dissemination of
14    child pornography after January 1, 2009, the term of
15    mandatory supervised release shall range from a minimum of
16    3 years to a maximum of the natural life of the defendant;
17        (5) if the victim is under 18 years of age, for a
18    second or subsequent offense of aggravated criminal sexual
19    abuse or felony criminal sexual abuse, 4 years, at least
20    the first 2 years of which the defendant shall serve in an
21    electronic home detention program under Article 8A of
22    Chapter V of this Code;
23        (6) for a felony domestic battery, aggravated domestic
24    battery, stalking, aggravated stalking, and a felony
25    violation of an order of protection, 4 years.
26    (e) (Blank).

 

 

HB2515- 36 -LRB100 06853 RLC 16902 b

1    (f) (Blank).
2(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
 
3    Section 10. The Code of Civil Procedure is amended by
4changing Section 3-104 as follows:
 
5    (735 ILCS 5/3-104)  (from Ch. 110, par. 3-104)
6    Sec. 3-104. Jurisdiction and venue. Jurisdiction to review
7final administrative decisions is vested in the Circuit Courts,
8except as to a final order of the Illinois Educational Labor
9Relations Board in which case jurisdiction to review a final
10order is vested in the Appellate Court of a judicial district
11in which the Board maintains an office. Jurisdiction to review
12an en banc determination by the Prisoner Review Board is vested
13in the Appellate Court of the judicial district which
14encompasses the county in which the appellant was originally
15sentenced. If the venue of the action to review a final
16administrative decision is expressly prescribed in the
17particular statute under authority of which the decision was
18made, such venue shall control, but if the venue is not so
19prescribed, an action to review a final administrative decision
20may be commenced in the Circuit Court of any county in which
21(1) any part of the hearing or proceeding culminating in the
22decision of the administrative agency was held, or (2) any part
23of the subject matter involved is situated, or (3) any part of
24the transaction which gave rise to the proceedings before the

 

 

HB2515- 37 -LRB100 06853 RLC 16902 b

1agency occurred. The court first acquiring jurisdiction of any
2action to review a final administrative decision shall have and
3retain jurisdiction of the action until final disposition of
4the action.
5(Source: P.A. 88-1.)

 

 

HB2515- 38 -LRB100 06853 RLC 16902 b

1 INDEX
2 Statutes amended in order of appearance
3    730 ILCS 5/3-3-1from Ch. 38, par. 1003-3-1
4    730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
5    730 ILCS 5/5-4.5-20
6    730 ILCS 5/5-4.5-25
7    730 ILCS 5/5-4.5-30
8    730 ILCS 5/5-4.5-110 new
9    730 ILCS 5/5-4.5-115 new
10    730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
11    735 ILCS 5/3-104from Ch. 110, par. 3-104