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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||||||||||
5 | Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by adding Section | ||||||||||||||||||||||||||||||||||||
6 | 24-11 as follows:
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7 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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8 | Sec. 24-1. Unlawful use of weapons.
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9 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||||||||||||
10 | when
he knowingly:
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11 | (1) Sells, manufactures, purchases, possesses or | ||||||||||||||||||||||||||||||||||||
12 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||||||||||||||||||||||||||||||||
13 | sand-bag, metal knuckles or other knuckle weapon | ||||||||||||||||||||||||||||||||||||
14 | regardless of its composition, throwing star,
or any knife, | ||||||||||||||||||||||||||||||||||||
15 | commonly referred to as a switchblade knife, which has a
| ||||||||||||||||||||||||||||||||||||
16 | blade that opens automatically by hand pressure applied to | ||||||||||||||||||||||||||||||||||||
17 | a button,
spring or other device in the handle of the | ||||||||||||||||||||||||||||||||||||
18 | knife, or a ballistic knife,
which is a device that propels | ||||||||||||||||||||||||||||||||||||
19 | a knifelike blade as a projectile by means
of a coil | ||||||||||||||||||||||||||||||||||||
20 | spring, elastic material or compressed gas; or
| ||||||||||||||||||||||||||||||||||||
21 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||||||||||||
22 | unlawfully
against another, a dagger, dirk, billy, | ||||||||||||||||||||||||||||||||||||
23 | dangerous knife, razor,
stiletto, broken bottle or other |
| |||||||
| |||||||
1 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
2 | deadly weapon or instrument of like character; or
| ||||||
3 | (3) Carries on or about his person or in any vehicle, a | ||||||
4 | tear gas gun
projector or bomb or any object containing | ||||||
5 | noxious liquid gas or
substance, other than an object | ||||||
6 | containing a non-lethal noxious liquid gas
or substance | ||||||
7 | designed solely for personal defense carried by a person 18
| ||||||
8 | years of age or older; or
| ||||||
9 | (4) Carries or possesses in any vehicle or concealed on | ||||||
10 | or about his
person except when on his land or in his own | ||||||
11 | abode, legal dwelling, or fixed place of
business, or on | ||||||
12 | the land or in the legal dwelling of another person as an | ||||||
13 | invitee with that person's permission, any pistol, | ||||||
14 | revolver, stun gun or taser or other firearm, except
that
| ||||||
15 | this subsection (a) (4) does not apply to or affect | ||||||
16 | transportation of weapons
that meet one of the following | ||||||
17 | conditions:
| ||||||
18 | (i) are broken down in a non-functioning state; or
| ||||||
19 | (ii) are not immediately accessible; or
| ||||||
20 | (iii) are unloaded and enclosed in a case, firearm | ||||||
21 | carrying box,
shipping box, or other container by a | ||||||
22 | person who has been issued a currently
valid Firearm | ||||||
23 | Owner's
Identification Card; or | ||||||
24 | (iv) are carried or possessed in accordance with | ||||||
25 | the Firearm Concealed Carry Act by a person who has | ||||||
26 | been issued a currently valid license under the Firearm |
| |||||||
| |||||||
1 | Concealed Carry Act; or
| ||||||
2 | (5) Sets a spring gun; or
| ||||||
3 | (6) Possesses any device or attachment of any kind | ||||||
4 | designed, used or
intended for use in silencing the report | ||||||
5 | of any firearm; or
| ||||||
6 | (7) Sells, manufactures, purchases, possesses or | ||||||
7 | carries:
| ||||||
8 | (i) a machine gun, which shall be defined for the | ||||||
9 | purposes of this
subsection as any weapon,
which | ||||||
10 | shoots, is designed to shoot, or can be readily | ||||||
11 | restored to shoot,
automatically more than one shot | ||||||
12 | without manually reloading by a single
function of the | ||||||
13 | trigger, including the frame or receiver
of any such | ||||||
14 | weapon, or sells, manufactures, purchases, possesses, | ||||||
15 | or
carries any combination of parts designed or | ||||||
16 | intended for
use in converting any weapon into a | ||||||
17 | machine gun, or any combination or
parts from which a | ||||||
18 | machine gun can be assembled if such parts are in the
| ||||||
19 | possession or under the control of a person;
| ||||||
20 | (ii) any rifle having one or
more barrels less than | ||||||
21 | 16 inches in length or a shotgun having one or more
| ||||||
22 | barrels less than 18 inches in length or any weapon | ||||||
23 | made from a rifle or
shotgun, whether by alteration, | ||||||
24 | modification, or otherwise, if such a weapon
as | ||||||
25 | modified has an overall length of less than 26 inches; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
2 | other container containing an
explosive substance of | ||||||
3 | over one-quarter ounce for like purposes, such
as, but | ||||||
4 | not limited to, black powder bombs and Molotov | ||||||
5 | cocktails or
artillery projectiles; or
| ||||||
6 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
7 | or other
deadly weapon in any place which is licensed to | ||||||
8 | sell intoxicating
beverages, or at any public gathering | ||||||
9 | held pursuant to a license issued
by any governmental body | ||||||
10 | or any public gathering at which an admission
is charged, | ||||||
11 | excluding a place where a showing, demonstration or lecture
| ||||||
12 | involving the exhibition of unloaded firearms is | ||||||
13 | conducted.
| ||||||
14 | This subsection (a)(8) does not apply to any auction or | ||||||
15 | raffle of a firearm
held pursuant to
a license or permit | ||||||
16 | issued by a governmental body, nor does it apply to persons
| ||||||
17 | engaged
in firearm safety training courses; or
| ||||||
18 | (9) Carries or possesses in a vehicle or on or about | ||||||
19 | his person any
pistol, revolver, stun gun or taser or | ||||||
20 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
21 | masked in such manner as to conceal his identity; or
| ||||||
22 | (10) Carries or possesses on or about his person, upon | ||||||
23 | any public street,
alley, or other public lands within the | ||||||
24 | corporate limits of a city, village
or incorporated town, | ||||||
25 | except when an invitee thereon or therein, for the
purpose | ||||||
26 | of the display of such weapon or the lawful commerce in |
| |||||||
| |||||||
1 | weapons, or
except when on his land or in his own abode, | ||||||
2 | legal dwelling, or fixed place of business, or on the land | ||||||
3 | or in the legal dwelling of another person as an invitee | ||||||
4 | with that person's permission, any
pistol, revolver, stun | ||||||
5 | gun or taser or other firearm, except that this
subsection | ||||||
6 | (a) (10) does not apply to or affect transportation of | ||||||
7 | weapons that
meet one of the following conditions:
| ||||||
8 | (i) are broken down in a non-functioning state; or
| ||||||
9 | (ii) are not immediately accessible; or
| ||||||
10 | (iii) are unloaded and enclosed in a case, firearm | ||||||
11 | carrying box,
shipping box, or other container by a | ||||||
12 | person who has been issued a currently
valid Firearm | ||||||
13 | Owner's
Identification Card; or
| ||||||
14 | (iv) are carried or possessed in accordance with | ||||||
15 | the Firearm Concealed Carry Act by a person who has | ||||||
16 | been issued a currently valid license under the Firearm | ||||||
17 | Concealed Carry Act. | ||||||
18 | A "stun gun or taser", as used in this paragraph (a) | ||||||
19 | means (i) any device
which is powered by electrical | ||||||
20 | charging units, such as, batteries, and
which fires one or | ||||||
21 | several barbs attached to a length of wire and
which, upon | ||||||
22 | hitting a human, can send out a current capable of | ||||||
23 | disrupting
the person's nervous system in such a manner as | ||||||
24 | to render him incapable of
normal functioning or (ii) any | ||||||
25 | device which is powered by electrical
charging units, such | ||||||
26 | as batteries, and which, upon contact with a human or
|
| |||||||
| |||||||
1 | clothing worn by a human, can send out current capable of | ||||||
2 | disrupting
the person's nervous system in such a manner as | ||||||
3 | to render him incapable
of normal functioning; or
| ||||||
4 | (11) Sells, manufactures or purchases any explosive | ||||||
5 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
6 | bullet" means the projectile portion of
an ammunition | ||||||
7 | cartridge which contains or carries an explosive charge | ||||||
8 | which
will explode upon contact with the flesh of a human | ||||||
9 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
10 | a projectile affixed at the
front thereof and a cap or | ||||||
11 | primer at the rear end thereof, with the
propellant | ||||||
12 | contained in such tube between the projectile and the cap; | ||||||
13 | or
| ||||||
14 | (12) (Blank); or
| ||||||
15 | (13) Carries or possesses on or about his or her person | ||||||
16 | while in a building occupied by a unit of government, a | ||||||
17 | billy club, other weapon of like character, or other | ||||||
18 | instrument of like character intended for use as a weapon. | ||||||
19 | For the purposes of this Section, "billy club" means a | ||||||
20 | short stick or club commonly carried by police officers | ||||||
21 | which is either telescopic or constructed of a solid piece | ||||||
22 | of wood or other man-made material. | ||||||
23 | (b) Sentence. A person convicted of a violation of | ||||||
24 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
25 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
26 | Class A
misdemeanor.
A person convicted of a violation of |
| |||||||
| |||||||
1 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
2 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
3 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
4 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
5 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
6 | of not less than 3 years and not more than 7 years, unless the | ||||||
7 | weapon is possessed in the
passenger compartment of a motor | ||||||
8 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
9 | Code, or on the person, while the weapon is loaded, in which
| ||||||
10 | case it shall be a Class X felony. A person convicted of a
| ||||||
11 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
12 | 24-1(a)(8) or ,
24-1(a)(9) , or
24-1(a)(10) commits a Class 3 | ||||||
13 | felony. A person convicted of a
second or subsequent violation | ||||||
14 | of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3 | ||||||
15 | felony and shall be sentenced to a term of imprisonment of not | ||||||
16 | less than 3 years and not more than 10 years. The possession of | ||||||
17 | each weapon in violation of this Section constitutes a single | ||||||
18 | and separate violation.
| ||||||
19 | (c) Violations in specific places.
| ||||||
20 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
21 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
22 | the time of year, in residential
property owned, operated | ||||||
23 | or managed by a public housing agency or
leased by
a public | ||||||
24 | housing agency as part of a scattered site or mixed-income
| ||||||
25 | development, in a
public park, in a courthouse, on the real | ||||||
26 | property comprising any school,
regardless of the
time of |
| |||||||
| |||||||
1 | day or the time of year, on residential property owned, | ||||||
2 | operated
or
managed by a public housing agency
or leased by | ||||||
3 | a public housing agency as part of a scattered site or
| ||||||
4 | mixed-income development,
on the real property comprising | ||||||
5 | any
public park, on the real property comprising any | ||||||
6 | courthouse, in any conveyance
owned, leased or contracted | ||||||
7 | by a school to
transport students to or from school or a | ||||||
8 | school related activity, in any conveyance
owned, leased, | ||||||
9 | or contracted by a public transportation agency, or on any
| ||||||
10 | public way within 1,000 feet of the real property | ||||||
11 | comprising any school,
public park, courthouse, public | ||||||
12 | transportation facility, or residential property owned, | ||||||
13 | operated, or managed
by a public housing agency
or leased | ||||||
14 | by a public housing agency as part of a scattered site or
| ||||||
15 | mixed-income development
commits a Class 2 felony and shall | ||||||
16 | be sentenced to a term of imprisonment of not less than 3 | ||||||
17 | years and not more than 7 years.
| ||||||
18 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
19 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
20 | time of day or the time of year,
in residential property | ||||||
21 | owned, operated, or managed by a public
housing
agency
or | ||||||
22 | leased by a public housing agency as part of a scattered | ||||||
23 | site or
mixed-income development,
in
a public
park, in a | ||||||
24 | courthouse, on the real property comprising any school, | ||||||
25 | regardless
of the time of day or the time of year, on | ||||||
26 | residential property owned,
operated, or managed by a |
| |||||||
| |||||||
1 | public housing agency
or leased by a public housing agency | ||||||
2 | as part of a scattered site or
mixed-income development,
on | ||||||
3 | the real property
comprising any public park, on the real | ||||||
4 | property comprising any courthouse, in
any conveyance | ||||||
5 | owned, leased, or contracted by a school to transport | ||||||
6 | students
to or from school or a school related activity, in | ||||||
7 | any conveyance
owned, leased, or contracted by a public | ||||||
8 | transportation agency, or on any public way within
1,000 | ||||||
9 | feet of the real property comprising any school, public | ||||||
10 | park, courthouse,
public transportation facility, or | ||||||
11 | residential property owned, operated, or managed by a | ||||||
12 | public
housing agency
or leased by a public housing agency | ||||||
13 | as part of a scattered site or
mixed-income development
| ||||||
14 | commits a Class 3 felony.
| ||||||
15 | (2) A person who violates subsection 24-1(a)(1), | ||||||
16 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
17 | time of day or the time of year, in
residential property | ||||||
18 | owned, operated or managed by a public housing
agency
or | ||||||
19 | leased by a public housing agency as part of a scattered | ||||||
20 | site or
mixed-income development,
in
a public park, in a | ||||||
21 | courthouse, on the real property comprising any school,
| ||||||
22 | regardless of the time of day or the time of year, on | ||||||
23 | residential property
owned, operated or managed by a public | ||||||
24 | housing agency
or leased by a public housing agency as part | ||||||
25 | of a scattered site or
mixed-income development,
on the | ||||||
26 | real property
comprising any public park, on the real |
| |||||||
| |||||||
1 | property comprising any courthouse, in
any conveyance | ||||||
2 | owned, leased or contracted by a school to transport | ||||||
3 | students
to or from school or a school related activity, in | ||||||
4 | any conveyance
owned, leased, or contracted by a public | ||||||
5 | transportation agency, or on any public way within
1,000 | ||||||
6 | feet of the real property comprising any school, public | ||||||
7 | park, courthouse,
public transportation facility, or | ||||||
8 | residential property owned, operated, or managed by a | ||||||
9 | public
housing agency or leased by a public housing agency | ||||||
10 | as part of a scattered
site or mixed-income development | ||||||
11 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
12 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
13 | this State for the conduct of official business.
| ||||||
14 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
15 | (c) shall not
apply to law
enforcement officers or security | ||||||
16 | officers of such school, college, or
university or to | ||||||
17 | students carrying or possessing firearms for use in | ||||||
18 | training
courses, parades, hunting, target shooting on | ||||||
19 | school ranges, or otherwise with
the consent of school | ||||||
20 | authorities and which firearms are transported unloaded
| ||||||
21 | enclosed in a suitable case, box, or transportation | ||||||
22 | package.
| ||||||
23 | (4) For the purposes of this subsection (c), "school" | ||||||
24 | means any public or
private elementary or secondary school, | ||||||
25 | community college, college, or
university.
| ||||||
26 | (5) For the purposes of this subsection (c), "public |
| |||||||
| |||||||
1 | transportation agency" means a public or private agency | ||||||
2 | that provides for the transportation or conveyance of
| ||||||
3 | persons by means available to the general public, except | ||||||
4 | for transportation
by automobiles not used for conveyance | ||||||
5 | of the general public as passengers; and "public | ||||||
6 | transportation facility" means a terminal or other place
| ||||||
7 | where one may obtain public transportation.
| ||||||
8 | (d) The presence in an automobile other than a public | ||||||
9 | omnibus of any
weapon, instrument or substance referred to in | ||||||
10 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
11 | possession of, and is being
carried by, all persons occupying | ||||||
12 | such automobile at the time such
weapon, instrument or | ||||||
13 | substance is found, except under the following
circumstances: | ||||||
14 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
15 | the person of one of the occupants therein; or (ii) if such
| ||||||
16 | weapon, instrument or substance is found in an automobile | ||||||
17 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
18 | and proper pursuit of
his trade, then such presumption shall | ||||||
19 | not apply to the driver.
| ||||||
20 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
21 | Underwater
Spearguns are exempted from the definition of | ||||||
22 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
23 | of this Section.
| ||||||
24 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
25 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
| |||||||
| |||||||
1 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
2 | Felons or
Persons in the Custody of the
Department of | ||||||
3 | Corrections Facilities. | ||||||
4 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
5 | about his person or on his land or
in his own abode or fixed | ||||||
6 | place of business any weapon prohibited under
Section 24-1 of | ||||||
7 | this Act or any firearm or any firearm ammunition if the
person | ||||||
8 | has been convicted of a felony under the laws of this State or | ||||||
9 | any
other jurisdiction. This Section shall not apply if the | ||||||
10 | person has been
granted relief by the Director of the | ||||||
11 | Department of State Police
under Section 10 of the Firearm | ||||||
12 | Owners Identification
Card Act.
| ||||||
13 | (b) It is unlawful for any person confined in a penal | ||||||
14 | institution,
which is a facility of the Illinois Department of | ||||||
15 | Corrections, to possess
any weapon prohibited under Section | ||||||
16 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
17 | regardless of the intent with which he possesses it.
| ||||||
18 | (c) It shall be an affirmative defense to a violation of | ||||||
19 | subsection (b), that such possession was specifically | ||||||
20 | authorized by rule,
regulation, or directive of the Illinois | ||||||
21 | Department of Corrections or order
issued pursuant thereto.
| ||||||
22 | (d) The defense of necessity is not available to a person | ||||||
23 | who is charged
with a violation of subsection (b) of this | ||||||
24 | Section.
| ||||||
25 | (e) Sentence. Violation of this Section by a person not | ||||||
26 | confined
in a penal institution shall be a Class 3 felony
for |
| |||||||
| |||||||
1 | which the person shall be sentenced to no less than 4 2 years | ||||||
2 | and no
more than 10 years and any second or subsequent | ||||||
3 | violation shall be a Class 2 felony for which the person shall | ||||||
4 | be sentenced to a term of imprisonment of not less than 5 3 | ||||||
5 | years and not more than 14 years. Violation of this Section by | ||||||
6 | a person not confined in a
penal institution who has been | ||||||
7 | convicted of a forcible felony, a felony
violation of Article | ||||||
8 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
9 | Act, stalking or aggravated stalking, or a Class 2 or greater | ||||||
10 | felony
under the Illinois Controlled Substances Act, the | ||||||
11 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
12 | Community Protection Act is a
Class 2 felony for which the | ||||||
13 | person
shall be sentenced to not less than 3 years and not more | ||||||
14 | than 14 years.
Violation of this Section by a person who is on | ||||||
15 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
16 | which the person shall be sentenced to not less than 5 3 years | ||||||
17 | and not more than 14
years. Violation of this Section by a | ||||||
18 | person not confined in a penal
institution is a Class X felony | ||||||
19 | when the firearm possessed is a machine gun.
Any person who | ||||||
20 | violates this Section while confined in a penal
institution, | ||||||
21 | which is a facility of the Illinois Department of
Corrections, | ||||||
22 | is guilty of a Class 1
felony, if he possesses any weapon | ||||||
23 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
24 | intent with which he possesses it, a Class X
felony if he | ||||||
25 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
26 | Class X felony for which the offender shall be sentenced to not |
| |||||||
| |||||||
1 | less than 12
years and not more than 50 years when the firearm | ||||||
2 | possessed is a machine
gun. A violation of this Section while | ||||||
3 | wearing or in possession of body armor as defined in Section | ||||||
4 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
5 | of not less than 10 years and not more than 40 years.
The | ||||||
6 | possession of each firearm or firearm ammunition in violation | ||||||
7 | of this Section constitutes a single and separate violation.
| ||||||
8 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
9 | (720 ILCS 5/24-1.6) | ||||||
10 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
11 | (a) A person commits the offense of aggravated unlawful use | ||||||
12 | of a weapon when
he or she knowingly: | ||||||
13 | (1) Carries on or about his or her person or in any | ||||||
14 | vehicle or concealed
on or about his or her person except | ||||||
15 | when on his or her land or in his or her
abode, legal | ||||||
16 | dwelling, or fixed place of business, or on the land or in | ||||||
17 | the legal dwelling of another person as an invitee with | ||||||
18 | that person's permission, any pistol, revolver, stun gun or | ||||||
19 | taser or
other firearm; or | ||||||
20 | (2) Carries or possesses on or about his or her person, | ||||||
21 | upon any public
street, alley, or other public lands within | ||||||
22 | the corporate limits of a city,
village or incorporated | ||||||
23 | town, except when an invitee thereon or therein, for
the | ||||||
24 | purpose of the display of such weapon or the lawful | ||||||
25 | commerce in weapons, or
except when on his or her own land |
| |||||||
| |||||||
1 | or in his or her own abode, legal dwelling, or fixed place | ||||||
2 | of
business, or on the land or in the legal dwelling of | ||||||
3 | another person as an invitee with that person's permission, | ||||||
4 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
5 | and | ||||||
6 | (3) One of the following factors is present: | ||||||
7 | (A) the firearm, other than a pistol, revolver, or | ||||||
8 | handgun, possessed was uncased, loaded, and | ||||||
9 | immediately accessible
at the time of the offense; or | ||||||
10 | (A-5) the pistol, revolver, or handgun possessed | ||||||
11 | was uncased, loaded, and immediately accessible
at the | ||||||
12 | time of the offense and the person possessing the | ||||||
13 | pistol, revolver, or handgun has not been issued a | ||||||
14 | currently valid license under the Firearm Concealed | ||||||
15 | Carry Act; or | ||||||
16 | (B) the firearm, other than a pistol, revolver, or | ||||||
17 | handgun, possessed was uncased, unloaded, and the | ||||||
18 | ammunition for
the weapon was immediately accessible | ||||||
19 | at the time of the offense; or | ||||||
20 | (B-5) the pistol, revolver, or handgun possessed | ||||||
21 | was uncased, unloaded, and the ammunition for
the | ||||||
22 | weapon was immediately accessible at the time of the | ||||||
23 | offense and the person possessing the pistol, | ||||||
24 | revolver, or handgun has not been issued a currently | ||||||
25 | valid license under the Firearm Concealed Carry Act; or | ||||||
26 | (C) the person possessing the firearm has not been |
| |||||||
| |||||||
1 | issued a currently
valid Firearm Owner's | ||||||
2 | Identification Card; or | ||||||
3 | (D) the person possessing the weapon was | ||||||
4 | previously adjudicated
a delinquent minor under the | ||||||
5 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
6 | by an adult would be a felony; or | ||||||
7 | (E) the person possessing the weapon was engaged in | ||||||
8 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
9 | a misdemeanor violation of the Illinois Controlled | ||||||
10 | Substances
Act, or in a misdemeanor violation of the | ||||||
11 | Methamphetamine Control and Community Protection Act; | ||||||
12 | or | ||||||
13 | (F) (blank); or | ||||||
14 | (G) the person possessing the weapon had an a order | ||||||
15 | of protection issued
against him or her within the | ||||||
16 | previous 2 years; or | ||||||
17 | (H) the person possessing the weapon was engaged in | ||||||
18 | the commission or
attempted commission of
a | ||||||
19 | misdemeanor involving the use or threat of violence | ||||||
20 | against
the person or property of another; or | ||||||
21 | (I) the person possessing the weapon was under 21 | ||||||
22 | years of age and in
possession of a handgun, unless the | ||||||
23 | person under 21
is engaged in lawful activities under | ||||||
24 | the Wildlife Code or described in
subsection | ||||||
25 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
26 | (a-5) "Handgun" as used in this Section has the meaning |
| |||||||
| |||||||
1 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
2 | (b) "Stun gun or taser" as used in this Section has the | ||||||
3 | same definition
given to it in Section 24-1 of this Code. | ||||||
4 | (c) This Section does not apply to or affect the | ||||||
5 | transportation or
possession
of weapons that: | ||||||
6 | (i) are broken down in a non-functioning state; or | ||||||
7 | (ii) are not immediately accessible; or | ||||||
8 | (iii) are unloaded and enclosed in a case, firearm | ||||||
9 | carrying box,
shipping box, or other container by a person | ||||||
10 | who has been issued a currently
valid Firearm Owner's
| ||||||
11 | Identification Card. | ||||||
12 | (c-5) It is an affirmative defense to the offense
under | ||||||
13 | item (C) of paragraph (3) of subsection (a) of this Section | ||||||
14 | that the defendant has, prior to the commission of the offense, | ||||||
15 | submitted a Firearm Owner's Identification Card renewal | ||||||
16 | application to the Department of State Police and the defendant | ||||||
17 | is otherwise eligible for a Firearm Owner's Identification | ||||||
18 | Card. | ||||||
19 | (d) Sentence. | ||||||
20 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
21 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
22 | for which the person shall be sentenced to a term of | ||||||
23 | imprisonment of not less than 4 3 years and not more than | ||||||
24 | 10 7 years. | ||||||
25 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
26 | (4) of this subsection (d), a first offense of aggravated |
| |||||||
| |||||||
1 | unlawful use of a weapon committed with a firearm by a | ||||||
2 | person 18 years of age or older where the factors listed in | ||||||
3 | either both items (A) or (B) and (C) or both items (A-5) | ||||||
4 | and (C) of paragraph (3) of subsection (a) are present is a | ||||||
5 | Class 3 4 felony, for which the person shall be sentenced | ||||||
6 | to a term of imprisonment of not less than one year and not | ||||||
7 | more than 3 years and not more than 7 years . | ||||||
8 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
9 | has been previously
convicted of a felony in this State or | ||||||
10 | another jurisdiction is a Class 2
felony for which the | ||||||
11 | person shall be sentenced to a term of imprisonment of not | ||||||
12 | less than 5 3 years and not more than 10 7 years. | ||||||
13 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
14 | or in possession of body armor as defined in Section 33F-1 | ||||||
15 | by a person who has not been issued a valid Firearms | ||||||
16 | Owner's Identification Card in accordance with Section 5 of | ||||||
17 | the Firearm Owners Identification Card Act is a Class X | ||||||
18 | felony.
| ||||||
19 | (e) The possession of each firearm in violation of this | ||||||
20 | Section constitutes a single and separate violation. | ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.) | ||||||
22 | (720 ILCS 5/24-1.8) | ||||||
23 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
24 | gang member. | ||||||
25 | (a) A person
commits unlawful possession of a firearm by a |
| |||||||
| |||||||
1 | street gang member when he or she knowingly: | ||||||
2 | (1) possesses, carries, or conceals on or about his or | ||||||
3 | her person a firearm and firearm ammunition while on any | ||||||
4 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
5 | except when inside his or her own abode or inside his or | ||||||
6 | her fixed place of business, and has not been issued a | ||||||
7 | currently valid Firearm Owner's Identification Card and is | ||||||
8 | a member of a street gang; or | ||||||
9 | (2) possesses or carries in any vehicle a firearm and | ||||||
10 | firearm ammunition which are both immediately accessible | ||||||
11 | at the time of the offense while on any street, road, | ||||||
12 | alley, or any other lands, except when inside his or her | ||||||
13 | own abode or garage, and has not been issued a currently | ||||||
14 | valid Firearm Owner's Identification Card and is a member | ||||||
15 | of a street gang. | ||||||
16 | (b) Unlawful possession of a firearm by a street gang | ||||||
17 | member is a Class 2 felony for which the person, if sentenced | ||||||
18 | to a term of imprisonment, shall be sentenced to no less than 4 | ||||||
19 | 3 years and no more than 10 years. A period of probation, a | ||||||
20 | term of periodic imprisonment or conditional discharge shall | ||||||
21 | not be imposed for the offense of unlawful possession of a | ||||||
22 | firearm by a street gang member when the firearm was loaded or | ||||||
23 | contained firearm ammunition and the court shall sentence the | ||||||
24 | offender to not less than the minimum term of imprisonment | ||||||
25 | authorized for the Class 2 felony. | ||||||
26 | (c) For purposes of this Section: |
| |||||||
| |||||||
1 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
2 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
3 | Prevention Act. | ||||||
4 | "Street gang member" or "gang member" has the meaning | ||||||
5 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
6 | Terrorism Omnibus Prevention Act.
| ||||||
7 | (Source: P.A. 96-829, eff. 12-3-09.) | ||||||
8 | (720 ILCS 5/24-11 new) | ||||||
9 | Sec. 24-11. Deadly weapons dispositions; report. Each | ||||||
10 | circuit court shall transmit to every local law enforcement | ||||||
11 | agency located within the circuit, on a quarterly basis, the | ||||||
12 | disposition of all cases involving violations of this Article | ||||||
13 | 24 within the previous quarter. | ||||||
14 | Section 10. The Unified Code of Corrections is amended by | ||||||
15 | changing Sections 3-6-3 and 5-5-3 as follows:
| ||||||
16 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
17 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
18 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
19 | and regulations for awarding and revoking sentence credit for | ||||||
20 | persons committed to the Department which shall
be subject to | ||||||
21 | review by the Prisoner Review Board.
| ||||||
22 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
23 | awarded for the following: |
| |||||||
| |||||||
1 | (A) successful completion of programming while in | ||||||
2 | custody of the Department or while in custody prior to | ||||||
3 | sentencing; | ||||||
4 | (B) compliance with the rules and regulations of the | ||||||
5 | Department; or | ||||||
6 | (C) service to the institution, service to a community, | ||||||
7 | or service to the State. | ||||||
8 | (2) The rules and regulations on sentence credit shall | ||||||
9 | provide, with
respect to offenses listed in clause (i), (ii), | ||||||
10 | or (iii) of this paragraph (2) committed on or after June 19, | ||||||
11 | 1998 or with respect to the offense listed in clause (iv) of | ||||||
12 | this paragraph (2) committed on or after June 23, 2005 (the | ||||||
13 | effective date of Public Act 94-71) or with
respect to offense | ||||||
14 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
15 | effective date of Public Act 95-625)
or with respect to the | ||||||
16 | offense of being an armed habitual criminal committed on or | ||||||
17 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
18 | or with respect to the offenses listed in clause (v) of this | ||||||
19 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
20 | effective date of Public Act 95-134) or with respect to the | ||||||
21 | offense of aggravated domestic battery committed on or after | ||||||
22 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
23 | with respect to the offense of attempt to commit terrorism | ||||||
24 | committed on or after January 1, 2013 (the effective date of | ||||||
25 | Public Act 97-990) or with
respect to offenses listed in clause | ||||||
26 | (viii)
committed on or after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly , the following:
| ||||||
2 | (i) that a prisoner who is serving a term of | ||||||
3 | imprisonment for first
degree murder or for the offense of | ||||||
4 | terrorism shall receive no sentence
credit and shall serve | ||||||
5 | the entire
sentence imposed by the court;
| ||||||
6 | (ii) that a prisoner serving a sentence for attempt to | ||||||
7 | commit terrorism, attempt to commit first
degree murder, | ||||||
8 | solicitation of murder, solicitation of murder for hire,
| ||||||
9 | intentional homicide of an unborn child, predatory | ||||||
10 | criminal sexual assault of a
child, aggravated criminal | ||||||
11 | sexual assault, criminal sexual assault, aggravated
| ||||||
12 | kidnapping, aggravated battery with a firearm as described | ||||||
13 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
14 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
15 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
16 | being an armed habitual criminal, aggravated
battery of a | ||||||
17 | senior citizen as described in Section 12-4.6 or | ||||||
18 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
19 | battery of a child as described in Section 12-4.3 or | ||||||
20 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
21 | than 4.5 days of sentence credit for each month of his or | ||||||
22 | her sentence
of imprisonment;
| ||||||
23 | (iii) that a prisoner serving a sentence
for home | ||||||
24 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
25 | aggravated discharge of a firearm, or armed violence with a | ||||||
26 | category I weapon
or category II weapon, when the court
has |
| |||||||
| |||||||
1 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
2 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
3 | conviction for the enumerated offense
resulted in great | ||||||
4 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
5 | days
of sentence credit for each month of his or her | ||||||
6 | sentence of imprisonment;
| ||||||
7 | (iv) that a prisoner serving a sentence for aggravated | ||||||
8 | discharge of a firearm, whether or not the conduct leading | ||||||
9 | to conviction for the offense resulted in great bodily harm | ||||||
10 | to the victim, shall receive no more than 4.5 days of | ||||||
11 | sentence credit for each month of his or her sentence of | ||||||
12 | imprisonment;
| ||||||
13 | (v) that a person serving a sentence for gunrunning, | ||||||
14 | narcotics racketeering, controlled substance trafficking, | ||||||
15 | methamphetamine trafficking, drug-induced homicide, | ||||||
16 | aggravated methamphetamine-related child endangerment, | ||||||
17 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
18 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, or a Class X felony conviction for delivery | ||||||
20 | of a controlled substance, possession of a controlled | ||||||
21 | substance with intent to manufacture or deliver, | ||||||
22 | calculated criminal drug conspiracy, criminal drug | ||||||
23 | conspiracy, street gang criminal drug conspiracy, | ||||||
24 | participation in methamphetamine manufacturing, aggravated | ||||||
25 | participation in methamphetamine manufacturing, delivery | ||||||
26 | of methamphetamine, possession with intent to deliver |
| |||||||
| |||||||
1 | methamphetamine, aggravated delivery of methamphetamine, | ||||||
2 | aggravated possession with intent to deliver | ||||||
3 | methamphetamine, methamphetamine conspiracy when the | ||||||
4 | substance containing the controlled substance or | ||||||
5 | methamphetamine is 100 grams or more shall receive no more | ||||||
6 | than 7.5 days sentence credit for each month of his or her | ||||||
7 | sentence of imprisonment;
| ||||||
8 | (vi)
that a prisoner serving a sentence for a second or | ||||||
9 | subsequent offense of luring a minor shall receive no more | ||||||
10 | than 4.5 days of sentence credit for each month of his or | ||||||
11 | her sentence of imprisonment; and
| ||||||
12 | (vii) that a prisoner serving a sentence for aggravated | ||||||
13 | domestic battery shall receive no more than 4.5 days of | ||||||
14 | sentence credit for each month of his or her sentence of | ||||||
15 | imprisonment ; and . | ||||||
16 | (viii) that a prisoner serving a sentence for a | ||||||
17 | violation of Section 24-1.1, 24-1.6, or 24-1.8 or | ||||||
18 | subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal Code | ||||||
19 | of 2012 shall receive no more than 4.5 days of sentence | ||||||
20 | credit for each month of his or her sentence of | ||||||
21 | imprisonment. | ||||||
22 | (2.1) For all offenses, other than those enumerated in | ||||||
23 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
24 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
25 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
26 | subdivision (a)(2)(v) committed on or after August 13, 2007 |
| |||||||
| |||||||
1 | (the effective date of Public Act 95-134)
or subdivision | ||||||
2 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
3 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
4 | on or after July 23, 2010 (the effective date of Public Act | ||||||
5 | 96-1224), and other than the offense of aggravated driving | ||||||
6 | under the influence of alcohol, other drug or drugs, or
| ||||||
7 | intoxicating compound or compounds, or any combination thereof | ||||||
8 | as defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
9 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
10 | than the offense of aggravated driving under the influence of | ||||||
11 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
12 | compounds, or any combination
thereof as defined in | ||||||
13 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
14 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
15 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
16 | rules and regulations shall
provide that a prisoner who is | ||||||
17 | serving a term of
imprisonment shall receive one day of | ||||||
18 | sentence credit for each day of
his or her sentence of | ||||||
19 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
20 | sentence credit shall reduce by one day the prisoner's period
| ||||||
21 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
22 | (2.2) A prisoner serving a term of natural life | ||||||
23 | imprisonment or a
prisoner who has been sentenced to death | ||||||
24 | shall receive no sentence
credit.
| ||||||
25 | (2.3) The rules and regulations on sentence credit shall | ||||||
26 | provide that
a prisoner who is serving a sentence for |
| |||||||
| |||||||
1 | aggravated driving under the influence of alcohol,
other drug | ||||||
2 | or drugs, or intoxicating compound or compounds, or any | ||||||
3 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
4 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
5 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
6 | for each month of his or her sentence of
imprisonment.
| ||||||
7 | (2.4) The rules and regulations on sentence credit shall | ||||||
8 | provide with
respect to the offenses of aggravated battery with | ||||||
9 | a machine gun or a firearm
equipped with any device or | ||||||
10 | attachment designed or used for silencing the
report of a | ||||||
11 | firearm or aggravated discharge of a machine gun or a firearm
| ||||||
12 | equipped with any device or attachment designed or used for | ||||||
13 | silencing the
report of a firearm, committed on or after
July | ||||||
14 | 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
15 | prisoner serving a sentence for any of these offenses shall | ||||||
16 | receive no
more than 4.5 days of sentence credit for each month | ||||||
17 | of his or her sentence
of imprisonment.
| ||||||
18 | (2.5) The rules and regulations on sentence credit shall | ||||||
19 | provide that a
prisoner who is serving a sentence for | ||||||
20 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
21 | effective date of Public Act 92-176) shall receive no more than
| ||||||
22 | 4.5 days of sentence credit for each month of his or her | ||||||
23 | sentence of
imprisonment.
| ||||||
24 | (2.6) The rules and regulations on sentence credit shall | ||||||
25 | provide that a
prisoner who is serving a sentence for | ||||||
26 | aggravated driving under the influence of alcohol,
other drug |
| |||||||
| |||||||
1 | or drugs, or intoxicating compound or compounds or any | ||||||
2 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
3 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
4 | Code committed on or after January 1, 2011 (the effective date | ||||||
5 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
6 | sentence credit for each month of his or her sentence of
| ||||||
7 | imprisonment. | ||||||
8 | (3) The rules and regulations shall also provide that
the | ||||||
9 | Director may award up to 180 days additional sentence
credit | ||||||
10 | for good conduct in specific instances as the
Director deems | ||||||
11 | proper. The good conduct may include, but is not limited to, | ||||||
12 | compliance with the rules and regulations of the Department, | ||||||
13 | service to the Department, service to a community, or service | ||||||
14 | to the State. However, the Director shall not award more than | ||||||
15 | 90 days
of sentence credit for good conduct to any prisoner who | ||||||
16 | is serving a sentence for
conviction of first degree murder, | ||||||
17 | reckless homicide while under the
influence of alcohol or any | ||||||
18 | other drug,
or aggravated driving under the influence of | ||||||
19 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
20 | compounds, or any combination thereof as defined in
| ||||||
21 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
22 | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | ||||||
23 | kidnapping,
predatory criminal sexual assault of a child,
| ||||||
24 | aggravated criminal sexual assault, criminal sexual assault, | ||||||
25 | deviate sexual
assault, aggravated criminal sexual abuse, | ||||||
26 | aggravated indecent liberties
with a child, indecent liberties |
| |||||||
| |||||||
1 | with a child, child pornography, heinous
battery as described | ||||||
2 | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
3 | aggravated battery of a spouse, aggravated battery of a spouse
| ||||||
4 | with a firearm, stalking, aggravated stalking, aggravated | ||||||
5 | battery of a child as described in Section 12-4.3 or | ||||||
6 | subdivision (b)(1) of Section 12-3.05,
endangering the life or | ||||||
7 | health of a child, or cruelty to a child. Notwithstanding the | ||||||
8 | foregoing, sentence credit for
good conduct shall not be | ||||||
9 | awarded on a
sentence of imprisonment imposed for conviction | ||||||
10 | of: (i) one of the offenses
enumerated in subdivision | ||||||
11 | (a)(2)(i), (ii), or (iii) when the offense is committed on or | ||||||
12 | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense | ||||||
13 | is committed on or after June 23, 2005 (the effective date of | ||||||
14 | Public Act 94-71) or subdivision (a)(2)(v) when the offense is | ||||||
15 | committed on or after August 13, 2007 (the effective date of | ||||||
16 | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | ||||||
17 | is committed on or after June 1, 2008 (the effective date of | ||||||
18 | Public Act 95-625) or subdivision (a)(2)(vii) when the offense | ||||||
19 | is committed on or after July 23, 2010 (the effective date of | ||||||
20 | Public Act 96-1224), (ii) aggravated driving under the | ||||||
21 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
22 | compound or compounds, or any combination thereof as defined in
| ||||||
23 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
24 | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | ||||||
25 | enumerated in subdivision
(a)(2.4) when the offense is | ||||||
26 | committed on or after
July 15, 1999 (the effective date of |
| |||||||
| |||||||
1 | Public Act 91-121),
(iv) aggravated arson when the offense is | ||||||
2 | committed
on or after July 27, 2001 (the effective date of | ||||||
3 | Public Act 92-176), (v) offenses that may subject the offender | ||||||
4 | to commitment under the Sexually Violent Persons Commitment | ||||||
5 | Act, or (vi) aggravated driving under the influence of alcohol,
| ||||||
6 | other drug or drugs, or intoxicating compound or compounds or | ||||||
7 | any combination
thereof as defined in subparagraph (C) of | ||||||
8 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
9 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
10 | (the effective date of Public Act 96-1230).
| ||||||
11 | Eligible inmates for an award of sentence credit under
this | ||||||
12 | paragraph (3) may be selected to receive the credit at
the | ||||||
13 | Director's or his or her designee's sole discretion.
| ||||||
14 | Consideration may be based on, but not limited to, any
| ||||||
15 | available risk assessment analysis on the inmate, any history | ||||||
16 | of conviction for violent crimes as defined by the Rights of | ||||||
17 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
18 | inmate's holding offense or offenses, and the potential for | ||||||
19 | rehabilitation. | ||||||
20 | The Director shall not award sentence credit under this | ||||||
21 | paragraph (3) to an inmate unless the inmate has served a | ||||||
22 | minimum of 60 days of the sentence; except nothing in this | ||||||
23 | paragraph shall be construed to permit the Director to extend | ||||||
24 | an inmate's sentence beyond that which was imposed by the | ||||||
25 | court. Prior to awarding credit under this paragraph (3), the | ||||||
26 | Director shall make a written determination that the inmate: |
| |||||||
| |||||||
1 | (A) is eligible for the sentence credit; | ||||||
2 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
3 | days as the sentence will allow; and | ||||||
4 | (C) has met the eligibility criteria established by | ||||||
5 | rule. | ||||||
6 | The Director shall determine the form and content of the | ||||||
7 | written determination required in this subsection. | ||||||
8 | (3.5) The Department shall provide annual written reports | ||||||
9 | to the Governor and the General Assembly on the award of | ||||||
10 | sentence credit for good conduct, with the first report due | ||||||
11 | January 1, 2014. The Department must publish both reports on | ||||||
12 | its website within 48 hours of transmitting the reports to the | ||||||
13 | Governor and the General Assembly. The reports must include: | ||||||
14 | (A) the number of inmates awarded sentence credit for | ||||||
15 | good conduct; | ||||||
16 | (B) the average amount of sentence credit for good | ||||||
17 | conduct awarded; | ||||||
18 | (C) the holding offenses of inmates awarded sentence | ||||||
19 | credit for good conduct; and | ||||||
20 | (D) the number of sentence credit for good conduct | ||||||
21 | revocations. | ||||||
22 | (4) The rules and regulations shall also provide that the | ||||||
23 | sentence
credit accumulated and retained under paragraph (2.1) | ||||||
24 | of subsection (a) of
this Section by any inmate during specific | ||||||
25 | periods of time in which such
inmate is engaged full-time in | ||||||
26 | substance abuse programs, correctional
industry assignments, |
| |||||||
| |||||||
1 | educational programs, behavior modification programs, life | ||||||
2 | skills courses, or re-entry planning provided by the Department
| ||||||
3 | under this paragraph (4) and satisfactorily completes the | ||||||
4 | assigned program as
determined by the standards of the | ||||||
5 | Department, shall be multiplied by a factor
of 1.25 for program | ||||||
6 | participation before August 11, 1993
and 1.50 for program | ||||||
7 | participation on or after that date.
The rules and regulations | ||||||
8 | shall also provide that sentence credit, subject to the same | ||||||
9 | offense limits and multiplier provided in this paragraph, may | ||||||
10 | be provided to an inmate who was held in pre-trial detention | ||||||
11 | prior to his or her current commitment to the Department of | ||||||
12 | Corrections and successfully completed a full-time, 60-day or | ||||||
13 | longer substance abuse program, educational program, behavior | ||||||
14 | modification program, life skills course, or re-entry planning | ||||||
15 | provided by the county department of corrections or county | ||||||
16 | jail. Calculation of this county program credit shall be done | ||||||
17 | at sentencing as provided in Section 5-4.5-100 of this Code and | ||||||
18 | shall be included in the sentencing order. However, no inmate | ||||||
19 | shall be eligible for the additional sentence credit
under this | ||||||
20 | paragraph (4) or (4.1) of this subsection (a) while assigned to | ||||||
21 | a boot camp
or electronic detention, or if convicted of an | ||||||
22 | offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of | ||||||
23 | this Section that is committed on or after June 19,
1998 or | ||||||
24 | subdivision (a)(2)(iv) of this Section that is committed on or | ||||||
25 | after June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
26 | subdivision (a)(2)(v) of this Section that is committed on or |
| |||||||
| |||||||
1 | after August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
2 | or subdivision (a)(2)(vi) when the offense is committed on or | ||||||
3 | after June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
4 | subdivision (a)(2)(vii) when the offense is committed on or | ||||||
5 | after July 23, 2010 (the effective date of Public Act 96-1224), | ||||||
6 | or if convicted of aggravated driving under the influence of | ||||||
7 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
8 | compounds or any combination thereof as defined in
subparagraph | ||||||
9 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
10 | Illinois Vehicle Code, or if convicted of aggravated driving | ||||||
11 | under the influence of alcohol,
other drug or drugs, or | ||||||
12 | intoxicating compound or compounds or any combination
thereof | ||||||
13 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
14 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
15 | or after January 1, 2011 (the effective date of Public Act | ||||||
16 | 96-1230), or if convicted of an offense enumerated in paragraph
| ||||||
17 | (a)(2.4) of this Section that is committed on or after
July 15, | ||||||
18 | 1999 (the effective date of Public Act 91-121),
or first degree | ||||||
19 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
20 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
21 | aggravated battery with a firearm as described in Section | ||||||
22 | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
23 | Section 12-3.05, or any predecessor or successor offenses
with | ||||||
24 | the same or substantially the same elements, or any inchoate | ||||||
25 | offenses
relating to the foregoing offenses. No inmate shall be | ||||||
26 | eligible for the
additional good conduct credit under this |
| |||||||
| |||||||
1 | paragraph (4) who (i) has previously
received increased good | ||||||
2 | conduct credit under this paragraph (4) and has
subsequently | ||||||
3 | been convicted of a
felony, or (ii) has previously served more | ||||||
4 | than one prior sentence of
imprisonment for a felony in an | ||||||
5 | adult correctional facility.
| ||||||
6 | Educational, vocational, substance abuse, behavior | ||||||
7 | modification programs, life skills courses, re-entry planning, | ||||||
8 | and correctional
industry programs under which sentence credit | ||||||
9 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
10 | of this subsection (a) shall be evaluated by the Department on | ||||||
11 | the basis of
documented standards. The Department shall report | ||||||
12 | the results of these
evaluations to the Governor and the | ||||||
13 | General Assembly by September 30th of each
year. The reports | ||||||
14 | shall include data relating to the recidivism rate among
| ||||||
15 | program participants.
| ||||||
16 | Availability of these programs shall be subject to the
| ||||||
17 | limits of fiscal resources appropriated by the General Assembly | ||||||
18 | for these
purposes. Eligible inmates who are denied immediate | ||||||
19 | admission shall be
placed on a waiting list under criteria | ||||||
20 | established by the Department.
The inability of any inmate to | ||||||
21 | become engaged in any such programs
by reason of insufficient | ||||||
22 | program resources or for any other reason
established under the | ||||||
23 | rules and regulations of the Department shall not be
deemed a | ||||||
24 | cause of action under which the Department or any employee or
| ||||||
25 | agent of the Department shall be liable for damages to the | ||||||
26 | inmate.
|
| |||||||
| |||||||
1 | (4.1) The rules and regulations shall also provide that an | ||||||
2 | additional 90 days of sentence credit shall be awarded to any | ||||||
3 | prisoner who passes high school equivalency testing while the | ||||||
4 | prisoner is committed to the Department of Corrections. The | ||||||
5 | sentence credit awarded under this paragraph (4.1) shall be in | ||||||
6 | addition to, and shall not affect, the award of sentence credit | ||||||
7 | under any other paragraph of this Section, but shall also be | ||||||
8 | pursuant to the guidelines and restrictions set forth in | ||||||
9 | paragraph (4) of subsection (a) of this Section.
The sentence | ||||||
10 | credit provided for in this paragraph shall be available only | ||||||
11 | to those prisoners who have not previously earned a high school | ||||||
12 | diploma or a high school equivalency certificate. If, after an | ||||||
13 | award of the high school equivalency testing sentence credit | ||||||
14 | has been made, the Department determines that the prisoner was | ||||||
15 | not eligible, then the award shall be revoked.
The Department | ||||||
16 | may also award 90 days of sentence credit to any committed | ||||||
17 | person who passed high school equivalency testing while he or | ||||||
18 | she was held in pre-trial detention prior to the current | ||||||
19 | commitment to the Department of Corrections. | ||||||
20 | (4.5) The rules and regulations on sentence credit shall | ||||||
21 | also provide that
when the court's sentencing order recommends | ||||||
22 | a prisoner for substance abuse treatment and the
crime was | ||||||
23 | committed on or after September 1, 2003 (the effective date of
| ||||||
24 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
25 | credit awarded under clause (3) of this subsection (a) unless | ||||||
26 | he or she participates in and
completes a substance abuse |
| |||||||
| |||||||
1 | treatment program. The Director may waive the requirement to | ||||||
2 | participate in or complete a substance abuse treatment program | ||||||
3 | and award the sentence credit in specific instances if the | ||||||
4 | prisoner is not a good candidate for a substance abuse | ||||||
5 | treatment program for medical, programming, or operational | ||||||
6 | reasons. Availability of
substance abuse treatment shall be | ||||||
7 | subject to the limits of fiscal resources
appropriated by the | ||||||
8 | General Assembly for these purposes. If treatment is not
| ||||||
9 | available and the requirement to participate and complete the | ||||||
10 | treatment has not been waived by the Director, the prisoner | ||||||
11 | shall be placed on a waiting list under criteria
established by | ||||||
12 | the Department. The Director may allow a prisoner placed on
a | ||||||
13 | waiting list to participate in and complete a substance abuse | ||||||
14 | education class or attend substance
abuse self-help meetings in | ||||||
15 | lieu of a substance abuse treatment program. A prisoner on a | ||||||
16 | waiting list who is not placed in a substance abuse program | ||||||
17 | prior to release may be eligible for a waiver and receive | ||||||
18 | sentence credit under clause (3) of this subsection (a) at the | ||||||
19 | discretion of the Director.
| ||||||
20 | (4.6) The rules and regulations on sentence credit shall | ||||||
21 | also provide that a prisoner who has been convicted of a sex | ||||||
22 | offense as defined in Section 2 of the Sex Offender | ||||||
23 | Registration Act shall receive no sentence credit unless he or | ||||||
24 | she either has successfully completed or is participating in | ||||||
25 | sex offender treatment as defined by the Sex Offender | ||||||
26 | Management Board. However, prisoners who are waiting to receive |
| |||||||
| |||||||
1 | treatment, but who are unable to do so due solely to the lack | ||||||
2 | of resources on the part of the Department, may, at the | ||||||
3 | Director's sole discretion, be awarded sentence credit at a | ||||||
4 | rate as the Director shall determine. | ||||||
5 | (5) Whenever the Department is to release any inmate | ||||||
6 | earlier than it
otherwise would because of a grant of sentence | ||||||
7 | credit for good conduct under paragraph (3) of subsection (a) | ||||||
8 | of this Section given at any time during the term, the | ||||||
9 | Department shall give
reasonable notice of the impending | ||||||
10 | release not less than 14 days prior to the date of the release | ||||||
11 | to the State's
Attorney of the county where the prosecution of | ||||||
12 | the inmate took place, and if applicable, the State's Attorney | ||||||
13 | of the county into which the inmate will be released. The | ||||||
14 | Department must also make identification information and a | ||||||
15 | recent photo of the inmate being released accessible on the | ||||||
16 | Internet by means of a hyperlink labeled "Community | ||||||
17 | Notification of Inmate Early Release" on the Department's World | ||||||
18 | Wide Web homepage.
The identification information shall | ||||||
19 | include the inmate's: name, any known alias, date of birth, | ||||||
20 | physical characteristics, commitment offense and county where | ||||||
21 | conviction was imposed. The identification information shall | ||||||
22 | be placed on the website within 3 days of the inmate's release | ||||||
23 | and the information may not be removed until either: completion | ||||||
24 | of the first year of mandatory supervised release or return of | ||||||
25 | the inmate to custody of the Department.
| ||||||
26 | (b) Whenever a person is or has been committed under
|
| |||||||
| |||||||
1 | several convictions, with separate sentences, the sentences
| ||||||
2 | shall be construed under Section 5-8-4 in granting and
| ||||||
3 | forfeiting of sentence credit.
| ||||||
4 | (c) The Department shall prescribe rules and regulations
| ||||||
5 | for revoking sentence credit, including revoking sentence | ||||||
6 | credit awarded for good conduct under paragraph (3) of | ||||||
7 | subsection (a) of this Section. The Department shall prescribe | ||||||
8 | rules and regulations for suspending or reducing
the rate of | ||||||
9 | accumulation of sentence credit for specific
rule violations, | ||||||
10 | during imprisonment. These rules and regulations
shall provide | ||||||
11 | that no inmate may be penalized more than one
year of sentence | ||||||
12 | credit for any one infraction.
| ||||||
13 | When the Department seeks to revoke, suspend or reduce
the | ||||||
14 | rate of accumulation of any sentence credits for
an alleged | ||||||
15 | infraction of its rules, it shall bring charges
therefor | ||||||
16 | against the prisoner sought to be so deprived of
sentence | ||||||
17 | credits before the Prisoner Review Board as
provided in | ||||||
18 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
19 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
20 | month period, the cumulative amount of
credit revoked exceeds | ||||||
21 | 30 days except where the infraction is committed
or discovered | ||||||
22 | within 60 days of scheduled release. In those cases,
the | ||||||
23 | Department of Corrections may revoke up to 30 days of sentence | ||||||
24 | credit.
The Board may subsequently approve the revocation of | ||||||
25 | additional sentence credit, if the Department seeks to revoke | ||||||
26 | sentence credit in
excess of 30 days. However, the Board shall |
| |||||||
| |||||||
1 | not be empowered to review the
Department's decision with | ||||||
2 | respect to the loss of 30 days of sentence
credit within any | ||||||
3 | calendar year for any prisoner or to increase any penalty
| ||||||
4 | beyond the length requested by the Department.
| ||||||
5 | The Director of the Department of Corrections, in | ||||||
6 | appropriate cases, may
restore up to 30 days of sentence | ||||||
7 | credits which have been revoked, suspended
or reduced. Any | ||||||
8 | restoration of sentence credits in excess of 30 days shall
be | ||||||
9 | subject to review by the Prisoner Review Board. However, the | ||||||
10 | Board may not
restore sentence credit in excess of the amount | ||||||
11 | requested by the Director.
| ||||||
12 | Nothing contained in this Section shall prohibit the | ||||||
13 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
14 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
15 | sentence imposed by the court that was not served due to the
| ||||||
16 | accumulation of sentence credit.
| ||||||
17 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
18 | federal court
against the State, the Department of Corrections, | ||||||
19 | or the Prisoner Review Board,
or against any of
their officers | ||||||
20 | or employees, and the court makes a specific finding that a
| ||||||
21 | pleading, motion, or other paper filed by the prisoner is | ||||||
22 | frivolous, the
Department of Corrections shall conduct a | ||||||
23 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
24 | charges against the prisoner
sought to be deprived of the | ||||||
25 | sentence credits before the Prisoner Review
Board as provided | ||||||
26 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
| |||||||
| |||||||
1 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
2 | time of the finding, then the Prisoner Review Board may revoke | ||||||
3 | all
sentence credit accumulated by the prisoner.
| ||||||
4 | For purposes of this subsection (d):
| ||||||
5 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
6 | filing which
purports to be a legal document filed by a | ||||||
7 | prisoner in his or her lawsuit meets
any or all of the | ||||||
8 | following criteria:
| ||||||
9 | (A) it lacks an arguable basis either in law or in | ||||||
10 | fact;
| ||||||
11 | (B) it is being presented for any improper purpose, | ||||||
12 | such as to harass or
to cause unnecessary delay or | ||||||
13 | needless increase in the cost of litigation;
| ||||||
14 | (C) the claims, defenses, and other legal | ||||||
15 | contentions therein are not
warranted by existing law | ||||||
16 | or by a nonfrivolous argument for the extension,
| ||||||
17 | modification, or reversal of existing law or the | ||||||
18 | establishment of new law;
| ||||||
19 | (D) the allegations and other factual contentions | ||||||
20 | do not have
evidentiary
support or, if specifically so | ||||||
21 | identified, are not likely to have evidentiary
support | ||||||
22 | after a reasonable opportunity for further | ||||||
23 | investigation or discovery;
or
| ||||||
24 | (E) the denials of factual contentions are not | ||||||
25 | warranted on the
evidence, or if specifically so | ||||||
26 | identified, are not reasonably based on a lack
of |
| |||||||
| |||||||
1 | information or belief.
| ||||||
2 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
3 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
4 | action under
Article X of the Code of Civil Procedure or | ||||||
5 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
6 | under the Court of Claims Act, an action under the
federal | ||||||
7 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
8 | subsequent petition for post-conviction relief under | ||||||
9 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
10 | whether filed with or without leave of court or a second or | ||||||
11 | subsequent petition for relief from judgment under Section | ||||||
12 | 2-1401 of the Code of Civil Procedure.
| ||||||
13 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
14 | validity of Public Act 89-404.
| ||||||
15 | (f) Whenever the Department is to release any inmate who | ||||||
16 | has been convicted of a violation of an order of protection | ||||||
17 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
18 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
19 | because of a grant of sentence credit, the Department, as a | ||||||
20 | condition of release, shall require that the person, upon | ||||||
21 | release, be placed under electronic surveillance as provided in | ||||||
22 | Section 5-8A-7 of this Code. | ||||||
23 | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||||||
24 | eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
25 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
| |||||||
| |||||||
1 | Sec. 5-5-3. Disposition.
| ||||||
2 | (a) (Blank).
| ||||||
3 | (b) (Blank).
| ||||||
4 | (c) (1) (Blank).
| ||||||
5 | (2) A period of probation, a term of periodic imprisonment | ||||||
6 | or
conditional discharge shall not be imposed for the following | ||||||
7 | offenses.
The court shall sentence the offender to not less | ||||||
8 | than the minimum term
of imprisonment set forth in this Code | ||||||
9 | for the following offenses, and
may order a fine or restitution | ||||||
10 | or both in conjunction with such term of
imprisonment:
| ||||||
11 | (A) First degree murder where the death penalty is not | ||||||
12 | imposed.
| ||||||
13 | (B) Attempted first degree murder.
| ||||||
14 | (C) A Class X felony.
| ||||||
15 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
16 | Controlled Substances Act, or a violation of subdivision | ||||||
17 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
18 | to more than 5 grams of a substance
containing cocaine, | ||||||
19 | fentanyl, or an analog thereof.
| ||||||
20 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
21 | of the Illinois Controlled Substances Act which relates to | ||||||
22 | 3 or more grams of a substance
containing heroin or an | ||||||
23 | analog thereof. | ||||||
24 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
25 | Control
Act.
| ||||||
26 | (F) A Class 2 or greater felony if the offender had |
| |||||||
| |||||||
1 | been convicted
of a Class 2 or greater felony, including | ||||||
2 | any state or federal conviction for an offense that | ||||||
3 | contained, at the time it was committed, the same elements | ||||||
4 | as an offense now (the date of the offense committed after | ||||||
5 | the prior Class 2 or greater felony) classified as a Class | ||||||
6 | 2 or greater felony, within 10 years of the date on which | ||||||
7 | the
offender
committed the offense for which he or she is | ||||||
8 | being sentenced, except as
otherwise provided in Section | ||||||
9 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
10 | Act.
| ||||||
11 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 , | ||||||
12 | or 24-1.8 of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012 for which imprisonment is prescribed in those | ||||||
14 | Sections. | ||||||
15 | (G) Residential burglary, except as otherwise provided | ||||||
16 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
17 | Dependency Act.
| ||||||
18 | (H) Criminal sexual assault.
| ||||||
19 | (I) Aggravated battery of a senior citizen as described | ||||||
20 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
21 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
22 | (J) A forcible felony if the offense was related to the | ||||||
23 | activities of an
organized gang.
| ||||||
24 | Before July 1, 1994, for the purposes of this | ||||||
25 | paragraph, "organized
gang" means an association of 5 or | ||||||
26 | more persons, with an established hierarchy,
that |
| |||||||
| |||||||
1 | encourages members of the association to perpetrate crimes | ||||||
2 | or provides
support to the members of the association who | ||||||
3 | do commit crimes.
| ||||||
4 | Beginning July 1, 1994, for the purposes of this | ||||||
5 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
6 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
7 | Prevention Act.
| ||||||
8 | (K) Vehicular hijacking.
| ||||||
9 | (L) A second or subsequent conviction for the offense | ||||||
10 | of hate crime
when the underlying offense upon which the | ||||||
11 | hate crime is based is felony
aggravated
assault or felony | ||||||
12 | mob action.
| ||||||
13 | (M) A second or subsequent conviction for the offense | ||||||
14 | of institutional
vandalism if the damage to the property | ||||||
15 | exceeds $300.
| ||||||
16 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
17 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
18 | Identification Card Act.
| ||||||
19 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
21 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
22 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012.
| ||||||
24 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
25 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
26 | Code of
1961 or the Criminal Code of 2012.
|
| |||||||
| |||||||
1 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
2 | of
1961 or the Criminal Code of 2012.
| ||||||
3 | (S) (Blank).
| ||||||
4 | (T) A second or subsequent violation of the | ||||||
5 | Methamphetamine Control and Community Protection Act.
| ||||||
6 | (U) A second or subsequent violation of Section 6-303 | ||||||
7 | of the Illinois Vehicle Code committed while his or her | ||||||
8 | driver's license, permit, or privilege was revoked because | ||||||
9 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
10 | or the Criminal Code of 2012, relating to the offense of | ||||||
11 | reckless homicide, or a similar provision of a law of | ||||||
12 | another state.
| ||||||
13 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
14 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
15 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
16 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
17 | Code of 2012 when the victim is under 13 years of age and | ||||||
18 | the defendant has previously been convicted under the laws | ||||||
19 | of this State or any other state of the offense of child | ||||||
20 | pornography, aggravated child pornography, aggravated | ||||||
21 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
22 | predatory criminal sexual assault of a child, or any of the | ||||||
23 | offenses formerly known as rape, deviate sexual assault, | ||||||
24 | indecent liberties with a child, or aggravated indecent | ||||||
25 | liberties with a child where the victim was under the age | ||||||
26 | of 18 years or an offense that is substantially equivalent |
| |||||||
| |||||||
1 | to those offenses. | ||||||
2 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
3 | of 1961 or the Criminal Code of 2012.
| ||||||
4 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
5 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
6 | (Y) A conviction for unlawful possession of a firearm | ||||||
7 | by a street gang member when the firearm was loaded or | ||||||
8 | contained firearm ammunition. | ||||||
9 | (Z) A Class 1 felony committed while he or she was | ||||||
10 | serving a term of probation or conditional discharge for a | ||||||
11 | felony. | ||||||
12 | (AA) Theft of property exceeding $500,000 and not | ||||||
13 | exceeding $1,000,000 in value. | ||||||
14 | (BB) Laundering of criminally derived property of a | ||||||
15 | value exceeding
$500,000. | ||||||
16 | (CC) Knowingly selling, offering for sale, holding for | ||||||
17 | sale, or using 2,000 or more counterfeit items or | ||||||
18 | counterfeit items having a retail value in the aggregate of | ||||||
19 | $500,000 or more. | ||||||
20 | (DD) A conviction for aggravated assault under | ||||||
21 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
23 | firearm is aimed toward the person against whom the firearm | ||||||
24 | is being used. | ||||||
25 | (EE) A conviction for a violation of paragraph (2) of | ||||||
26 | subsection (a) of Section 24-3B of the Criminal Code of |
| |||||||
| |||||||
1 | 2012. | ||||||
2 | (3) (Blank).
| ||||||
3 | (4) A minimum term of imprisonment of not less than 10
| ||||||
4 | consecutive days or 30 days of community service shall be | ||||||
5 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
6 | the Illinois Vehicle Code.
| ||||||
7 | (4.1) (Blank).
| ||||||
8 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
9 | this subsection (c), a
minimum of
100 hours of community | ||||||
10 | service shall be imposed for a second violation of
Section | ||||||
11 | 6-303
of the Illinois Vehicle Code.
| ||||||
12 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
13 | hours of community
service, as determined by the court, shall
| ||||||
14 | be imposed for a second violation of subsection (c) of Section | ||||||
15 | 6-303 of the
Illinois Vehicle Code.
| ||||||
16 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
17 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
18 | 30 days or 300 hours of community service, as
determined by the | ||||||
19 | court, shall
be imposed
for a third or subsequent violation of | ||||||
20 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
21 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
22 | imposed for a third violation of subsection (c) of
Section | ||||||
23 | 6-303 of the Illinois Vehicle Code.
| ||||||
24 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
25 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
26 | shall be imposed for a
fourth or subsequent violation of |
| |||||||
| |||||||
1 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
2 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
3 | consecutive days, or 300 hours of community service, shall be | ||||||
4 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
5 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
6 | that Section.
| ||||||
7 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
8 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
9 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
10 | Section. The person's driving privileges shall be revoked for a | ||||||
11 | period of not less than 5 years from the date of his or her | ||||||
12 | release from prison.
| ||||||
13 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
14 | not more than 15 years shall be imposed for a third violation | ||||||
15 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
16 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
17 | person's driving privileges shall be revoked for the remainder | ||||||
18 | of his or her life.
| ||||||
19 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
20 | shall be imposed, and the person shall be eligible for an | ||||||
21 | extended term sentence, for a fourth or subsequent violation of | ||||||
22 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
23 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
24 | driving privileges shall be revoked for the remainder of his or | ||||||
25 | her life.
| ||||||
26 | (5) The court may sentence a corporation or unincorporated
|
| |||||||
| |||||||
1 | association convicted of any offense to:
| ||||||
2 | (A) a period of conditional discharge;
| ||||||
3 | (B) a fine;
| ||||||
4 | (C) make restitution to the victim under Section 5-5-6 | ||||||
5 | of this Code.
| ||||||
6 | (5.1) In addition to any other penalties imposed, and | ||||||
7 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
8 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
9 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
10 | permit, or privileges
suspended for at least 90 days but not | ||||||
11 | more than one year, if the violation
resulted in damage to the | ||||||
12 | property of another person.
| ||||||
13 | (5.2) In addition to any other penalties imposed, and | ||||||
14 | except as provided in paragraph (5.3), a person convicted
of | ||||||
15 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
16 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
17 | privileges suspended for at
least 180 days but not more than 2 | ||||||
18 | years, if the violation resulted in injury
to
another person.
| ||||||
19 | (5.3) In addition to any other penalties imposed, a person | ||||||
20 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
21 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
22 | permit, or privileges suspended for 2 years, if the violation | ||||||
23 | resulted in the
death of another person.
| ||||||
24 | (5.4) In addition to any other penalties imposed, a person | ||||||
25 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
26 | Code shall have his or her driver's license, permit, or |
| |||||||
| |||||||
1 | privileges suspended for 3 months and until he or she has paid | ||||||
2 | a reinstatement fee of $100. | ||||||
3 | (5.5) In addition to any other penalties imposed, a person | ||||||
4 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
5 | Code during a period in which his or her driver's license, | ||||||
6 | permit, or privileges were suspended for a previous violation | ||||||
7 | of that Section shall have his or her driver's license, permit, | ||||||
8 | or privileges suspended for an additional 6 months after the | ||||||
9 | expiration of the original 3-month suspension and until he or | ||||||
10 | she has paid a reinstatement fee of $100.
| ||||||
11 | (6) (Blank).
| ||||||
12 | (7) (Blank).
| ||||||
13 | (8) (Blank).
| ||||||
14 | (9) A defendant convicted of a second or subsequent offense | ||||||
15 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
16 | natural life imprisonment.
| ||||||
17 | (10) (Blank).
| ||||||
18 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
19 | first offense
and $2,000 for a second or subsequent offense | ||||||
20 | upon a person convicted of or
placed on supervision for battery | ||||||
21 | when the individual harmed was a sports
official or coach at | ||||||
22 | any level of competition and the act causing harm to the
sports
| ||||||
23 | official or coach occurred within an athletic facility or | ||||||
24 | within the immediate vicinity
of the athletic facility at which | ||||||
25 | the sports official or coach was an active
participant
of the | ||||||
26 | athletic contest held at the athletic facility. For the |
| |||||||
| |||||||
1 | purposes of
this paragraph (11), "sports official" means a | ||||||
2 | person at an athletic contest
who enforces the rules of the | ||||||
3 | contest, such as an umpire or referee; "athletic facility" | ||||||
4 | means an indoor or outdoor playing field or recreational area | ||||||
5 | where sports activities are conducted;
and "coach" means a | ||||||
6 | person recognized as a coach by the sanctioning
authority that | ||||||
7 | conducted the sporting event. | ||||||
8 | (12) A person may not receive a disposition of court | ||||||
9 | supervision for a
violation of Section 5-16 of the Boat | ||||||
10 | Registration and Safety Act if that
person has previously | ||||||
11 | received a disposition of court supervision for a
violation of | ||||||
12 | that Section.
| ||||||
13 | (13) A person convicted of or placed on court supervision | ||||||
14 | for an assault or aggravated assault when the victim and the | ||||||
15 | offender are family or household members as defined in Section | ||||||
16 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
17 | of domestic battery or aggravated domestic battery may be | ||||||
18 | required to attend a Partner Abuse Intervention Program under | ||||||
19 | protocols set forth by the Illinois Department of Human | ||||||
20 | Services under such terms and conditions imposed by the court. | ||||||
21 | The costs of such classes shall be paid by the offender.
| ||||||
22 | (d) In any case in which a sentence originally imposed is | ||||||
23 | vacated,
the case shall be remanded to the trial court. The | ||||||
24 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
25 | Unified Code of Corrections
which may include evidence of the | ||||||
26 | defendant's life, moral character and
occupation during the |
| |||||||
| |||||||
1 | time since the original sentence was passed. The
trial court | ||||||
2 | shall then impose sentence upon the defendant. The trial
court | ||||||
3 | may impose any sentence which could have been imposed at the
| ||||||
4 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
5 | Corrections.
If a sentence is vacated on appeal or on | ||||||
6 | collateral attack due to the
failure of the trier of fact at | ||||||
7 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
8 | fact (other than a prior conviction) necessary to increase the
| ||||||
9 | punishment for the offense beyond the statutory maximum | ||||||
10 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
11 | to a term within the range otherwise
provided or, if the State | ||||||
12 | files notice of its intention to again seek the
extended | ||||||
13 | sentence, the defendant shall be afforded a new trial.
| ||||||
14 | (e) In cases where prosecution for
aggravated criminal | ||||||
15 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
17 | of a defendant
who was a family member of the victim at the | ||||||
18 | time of the commission of the
offense, the court shall consider | ||||||
19 | the safety and welfare of the victim and
may impose a sentence | ||||||
20 | of probation only where:
| ||||||
21 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
22 | (A) the defendant is willing to undergo a court | ||||||
23 | approved counseling
program for a minimum duration of 2 | ||||||
24 | years; or
| ||||||
25 | (B) the defendant is willing to participate in a | ||||||
26 | court approved plan
including but not limited to the |
| |||||||
| |||||||
1 | defendant's:
| ||||||
2 | (i) removal from the household;
| ||||||
3 | (ii) restricted contact with the victim;
| ||||||
4 | (iii) continued financial support of the | ||||||
5 | family;
| ||||||
6 | (iv) restitution for harm done to the victim; | ||||||
7 | and
| ||||||
8 | (v) compliance with any other measures that | ||||||
9 | the court may
deem appropriate; and
| ||||||
10 | (2) the court orders the defendant to pay for the | ||||||
11 | victim's counseling
services, to the extent that the court | ||||||
12 | finds, after considering the
defendant's income and | ||||||
13 | assets, that the defendant is financially capable of
paying | ||||||
14 | for such services, if the victim was under 18 years of age | ||||||
15 | at the
time the offense was committed and requires | ||||||
16 | counseling as a result of the
offense.
| ||||||
17 | Probation may be revoked or modified pursuant to Section | ||||||
18 | 5-6-4; except
where the court determines at the hearing that | ||||||
19 | the defendant violated a
condition of his or her probation | ||||||
20 | restricting contact with the victim or
other family members or | ||||||
21 | commits another offense with the victim or other
family | ||||||
22 | members, the court shall revoke the defendant's probation and
| ||||||
23 | impose a term of imprisonment.
| ||||||
24 | For the purposes of this Section, "family member" and | ||||||
25 | "victim" shall have
the meanings ascribed to them in Section | ||||||
26 | 11-0.1 of the Criminal Code of
2012.
|
| |||||||
| |||||||
1 | (f) (Blank).
| ||||||
2 | (g) Whenever a defendant is convicted of an offense under | ||||||
3 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
4 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
5 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
6 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
7 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
9 | testing to
determine whether the defendant has any sexually | ||||||
10 | transmissible disease,
including a test for infection with | ||||||
11 | human immunodeficiency virus (HIV) or
any other identified | ||||||
12 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
13 | Any such medical test shall be performed only by appropriately
| ||||||
14 | licensed medical practitioners and may include an analysis of | ||||||
15 | any bodily
fluids as well as an examination of the defendant's | ||||||
16 | person.
Except as otherwise provided by law, the results of | ||||||
17 | such test shall be kept
strictly confidential by all medical | ||||||
18 | personnel involved in the testing and must
be personally | ||||||
19 | delivered in a sealed envelope to the judge of the court in | ||||||
20 | which
the conviction was entered for the judge's inspection in | ||||||
21 | camera. Acting in
accordance with the best interests of the | ||||||
22 | victim and the public, the judge
shall have the discretion to | ||||||
23 | determine to whom, if anyone, the results of the
testing may be | ||||||
24 | revealed. The court shall notify the defendant
of the test | ||||||
25 | results. The court shall
also notify the victim if requested by | ||||||
26 | the victim, and if the victim is under
the age of 15 and if |
| |||||||
| |||||||
1 | requested by the victim's parents or legal guardian, the
court | ||||||
2 | shall notify the victim's parents or legal guardian of the test
| ||||||
3 | results.
The court shall provide information on the | ||||||
4 | availability of HIV testing
and counseling at Department of | ||||||
5 | Public Health facilities to all parties to
whom the results of | ||||||
6 | the testing are revealed and shall direct the State's
Attorney | ||||||
7 | to provide the information to the victim when possible.
A | ||||||
8 | State's Attorney may petition the court to obtain the results | ||||||
9 | of any HIV test
administered under this Section, and the court | ||||||
10 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
11 | relevant in order to prosecute a charge of
criminal | ||||||
12 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
14 | defendant. The court shall order that the cost of any such test
| ||||||
15 | shall be paid by the county and may be taxed as costs against | ||||||
16 | the convicted
defendant.
| ||||||
17 | (g-5) When an inmate is tested for an airborne communicable | ||||||
18 | disease, as
determined by the Illinois Department of Public | ||||||
19 | Health including but not
limited to tuberculosis, the results | ||||||
20 | of the test shall be
personally delivered by the warden or his | ||||||
21 | or her designee in a sealed envelope
to the judge of the court | ||||||
22 | in which the inmate must appear for the judge's
inspection in | ||||||
23 | camera if requested by the judge. Acting in accordance with the
| ||||||
24 | best interests of those in the courtroom, the judge shall have | ||||||
25 | the discretion
to determine what if any precautions need to be | ||||||
26 | taken to prevent transmission
of the disease in the courtroom.
|
| |||||||
| |||||||
1 | (h) Whenever a defendant is convicted of an offense under | ||||||
2 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
3 | defendant shall undergo
medical testing to determine whether | ||||||
4 | the defendant has been exposed to human
immunodeficiency virus | ||||||
5 | (HIV) or any other identified causative agent of
acquired | ||||||
6 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
7 | by
law, the results of such test shall be kept strictly | ||||||
8 | confidential by all
medical personnel involved in the testing | ||||||
9 | and must be personally delivered in a
sealed envelope to the | ||||||
10 | judge of the court in which the conviction was entered
for the | ||||||
11 | judge's inspection in camera. Acting in accordance with the | ||||||
12 | best
interests of the public, the judge shall have the | ||||||
13 | discretion to determine to
whom, if anyone, the results of the | ||||||
14 | testing may be revealed. The court shall
notify the defendant | ||||||
15 | of a positive test showing an infection with the human
| ||||||
16 | immunodeficiency virus (HIV). The court shall provide | ||||||
17 | information on the
availability of HIV testing and counseling | ||||||
18 | at Department of Public Health
facilities to all parties to | ||||||
19 | whom the results of the testing are revealed and
shall direct | ||||||
20 | the State's Attorney to provide the information to the victim | ||||||
21 | when
possible. A State's Attorney may petition the court to | ||||||
22 | obtain the results of
any HIV test administered under this | ||||||
23 | Section, and the court shall grant the
disclosure if the | ||||||
24 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
25 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
26 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012 against the defendant. The court shall order that the cost | ||||||
2 | of any
such test shall be paid by the county and may be taxed as | ||||||
3 | costs against the
convicted defendant.
| ||||||
4 | (i) All fines and penalties imposed under this Section for | ||||||
5 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
6 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
7 | any violation
of the Child Passenger Protection Act, or a | ||||||
8 | similar provision of a local
ordinance, shall be collected and | ||||||
9 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
10 | of the Clerks of Courts Act.
| ||||||
11 | (j) In cases when prosecution for any violation of Section | ||||||
12 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
13 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
14 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
15 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
16 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012, any violation of the Illinois Controlled | ||||||
18 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
19 | any violation of the Methamphetamine Control and Community | ||||||
20 | Protection Act results in conviction, a
disposition of court | ||||||
21 | supervision, or an order of probation granted under
Section 10 | ||||||
22 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
23 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
24 | Control and Community Protection Act of a defendant, the court | ||||||
25 | shall determine whether the
defendant is employed by a facility | ||||||
26 | or center as defined under the Child Care
Act of 1969, a public |
| |||||||
| |||||||
1 | or private elementary or secondary school, or otherwise
works | ||||||
2 | with children under 18 years of age on a daily basis. When a | ||||||
3 | defendant
is so employed, the court shall order the Clerk of | ||||||
4 | the Court to send a copy of
the judgment of conviction or order | ||||||
5 | of supervision or probation to the
defendant's employer by | ||||||
6 | certified mail.
If the employer of the defendant is a school, | ||||||
7 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
8 | the judgment of conviction or order of
supervision or probation | ||||||
9 | to the appropriate regional superintendent of schools.
The | ||||||
10 | regional superintendent of schools shall notify the State Board | ||||||
11 | of
Education of any notification under this subsection.
| ||||||
12 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
13 | of a felony and
who has not been previously convicted of a | ||||||
14 | misdemeanor or felony and who is
sentenced to a term of | ||||||
15 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
16 | a condition of his or her sentence be required by the court to | ||||||
17 | attend
educational courses designed to prepare the defendant | ||||||
18 | for a high school diploma
and to work toward a high school | ||||||
19 | diploma or to work toward passing high school equivalency | ||||||
20 | testing or to work toward
completing a vocational training | ||||||
21 | program offered by the Department of
Corrections. If a | ||||||
22 | defendant fails to complete the educational training
required | ||||||
23 | by his or her sentence during the term of incarceration, the | ||||||
24 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
25 | supervised release, require the
defendant, at his or her own | ||||||
26 | expense, to pursue a course of study toward a high
school |
| |||||||
| |||||||
1 | diploma or passage of high school equivalency testing. The | ||||||
2 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
3 | release of a defendant who wilfully fails to
comply with this | ||||||
4 | subsection (j-5) upon his or her release from confinement in a
| ||||||
5 | penal institution while serving a mandatory supervised release | ||||||
6 | term; however,
the inability of the defendant after making a | ||||||
7 | good faith effort to obtain
financial aid or pay for the | ||||||
8 | educational training shall not be deemed a wilful
failure to | ||||||
9 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
10 | whose mandatory supervised release term has been revoked under | ||||||
11 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
12 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
13 | school diploma or has successfully passed high school | ||||||
14 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
15 | defendant who is determined by
the court to be a person with a | ||||||
16 | developmental disability or otherwise mentally incapable of
| ||||||
17 | completing the educational or vocational program.
| ||||||
18 | (k) (Blank).
| ||||||
19 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
20 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
21 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
22 | misdemeanor offense, the court after sentencing the defendant
| ||||||
23 | may, upon motion of the State's Attorney, hold sentence in | ||||||
24 | abeyance and remand
the defendant to the custody of the | ||||||
25 | Attorney General of
the United States or his or her designated | ||||||
26 | agent to be deported when:
|
| |||||||
| |||||||
1 | (1) a final order of deportation has been issued | ||||||
2 | against the defendant
pursuant to proceedings under the | ||||||
3 | Immigration and Nationality Act, and
| ||||||
4 | (2) the deportation of the defendant would not | ||||||
5 | deprecate the seriousness
of the defendant's conduct and | ||||||
6 | would not be inconsistent with the ends of
justice.
| ||||||
7 | Otherwise, the defendant shall be sentenced as provided in | ||||||
8 | this Chapter V.
| ||||||
9 | (B) If the defendant has already been sentenced for a | ||||||
10 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
11 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
12 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
13 | Methamphetamine Control and Community Protection Act, the | ||||||
14 | court
may, upon motion of the State's Attorney to suspend the
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15 | sentence imposed, commit the defendant to the custody of the | ||||||
16 | Attorney General
of the United States or his or her designated | ||||||
17 | agent when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under the | ||||||
20 | Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct and | ||||||
23 | would not be inconsistent with the ends of
justice.
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24 | (C) This subsection (l) does not apply to offenders who are | ||||||
25 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
26 | Section 3-6-3.
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1 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
2 | sentenced under
this Section returns to the jurisdiction of the | ||||||
3 | United States, the defendant
shall be recommitted to the | ||||||
4 | custody of the county from which he or she was
sentenced.
| ||||||
5 | Thereafter, the defendant shall be brought before the | ||||||
6 | sentencing court, which
may impose any sentence that was | ||||||
7 | available under Section 5-5-3 at the time of
initial | ||||||
8 | sentencing. In addition, the defendant shall not be eligible | ||||||
9 | for
additional sentence credit for good conduct as provided | ||||||
10 | under
Section 3-6-3.
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11 | (m) A person convicted of criminal defacement of property | ||||||
12 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012, in which the property damage exceeds | ||||||
14 | $300
and the property damaged is a school building, shall be | ||||||
15 | ordered to perform
community service that may include cleanup, | ||||||
16 | removal, or painting over the
defacement.
| ||||||
17 | (n) The court may sentence a person convicted of a | ||||||
18 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
19 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
21 | incarceration program if the person is otherwise eligible for | ||||||
22 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
23 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
24 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
25 | substance or alcohol abuse program licensed under that
Act. | ||||||
26 | (o) Whenever a person is convicted of a sex offense as |
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| |||||||
1 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
2 | defendant's driver's license or permit shall be subject to | ||||||
3 | renewal on an annual basis in accordance with the provisions of | ||||||
4 | license renewal established by the Secretary of State.
| ||||||
5 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
6 | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|