100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5719

 

Introduced , by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act
730 ILCS 5/5-4.5-15
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-35
730 ILCS 5/5-4.5-40
730 ILCS 5/5-4.5-45
730 ILCS 5/5-4.5-50
730 ILCS 5/5-4.5-85
730 ILCS 5/5-4.5-95

    Creates the Employee Targeted Tax Credit Act. Provides provisions regarding: powers of the Department of Employment Security; a pilot program; a certificate of eligibility for tax credit; the tax credit, which shall not be less than $10,000 and shall not exceed $15,000; the determination of the amount of the credit; the maximum amount of credits allowed; the application for award of tax credit and a tax credit certificate; submission of tax credit certificate to the Department of Revenue; noncompliance; rules; the elimination of mandatory minimums in sentencing; and applicability. Defines terms. Amends the Unified Code of Corrections. Makes changes regarding appropriate dispositions; terms for Class X, Class 1, Class 2, Class 3, and Class 4 felonies; felony fines; misdemeanor sentences; and habitual criminals. Effective immediately.


LRB100 18857 HLH 34099 b

 

 

A BILL FOR

 

HB5719LRB100 18857 HLH 34099 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Employee Targeted Tax Credit Pilot Program Act.
 
6    Section 5. Findings and purpose. In order to reverse the
7trend of high unemployment and to help spur the economy to
8recovery, it is necessary to assist individuals in accessing
9family supporting, full-time work.
 
10    Section 10. Definitions. In this Act:
11    "Applicant" means a person that is operating a business
12located within this State that:
13        (1) is engaged in interstate or intrastate commerce;
14    and    
15        (2) hires a participant for a position under union
16    contract or for a position that offers a basic wage and
17    benefits package as compensation.
18    In the case of any person that is a member of a unitary
19business group within the meaning of paragraph (27) in
20subsection (a) of Section 1501 of the Illinois Income Tax Act,
21"applicant" refers to the unitary business group.
22    "Basic wage" means a minimum annual salary of $30,000 as

 

 

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1compensation
2    "Benefits package" means the new full-time employee's
3benefits outside of the employee's basic wage including:
4        (1) a minimum of 5 days of earned sick time;
5        (2) a minimum of 5 days of paid vacation;
6        (3) eligibility for health insurance; and
7        (4) eligibility for a 401K.
8    "Benefits package" means the participant's benefits
9outside of the participant's basic wage including earned sick
10time, paid vacation, health insurance, and a 401K.
11    "Certificate" means the tax credit certificate issued by
12the Department under Section 45 of this Act.
13    "Certificate of eligibility" means the certificate issued
14by the Department under Section 25 of this Act.
15    "Credit" means the amount awarded by the Department to an
16applicant by issuance of a certificate under Section 30 of this
17Act for each participant hired.
18    "Department" means the Department of Employment Security.
19    "Director" means the Director of Employment Security.
20    "Full-time employee" means a individual who has a position
21under union contract or is employed for a basic wage for at
22least 35 hours each week and receives a benefits package as
23compensation.
24    "Incentive period" means the period beginning on July 1 and
25ending on June 30 5 years thereafter. The first incentive
26period shall begin on July 1, 2019 and the last incentive

 

 

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1period shall end on June 30, 2024.
2    "Noncompliance date" means, in the case of an applicant
3that is not complying with the requirements of the provisions
4of this Act, the day following the last date upon which the
5taxpayer was in compliance with the requirements of the
6provisions of this Act, as determined by the Director, pursuant
7to Section 55 of this Act.
8    "Participant" means a full-time employee who:
9        (1) was unemployed or making less than the basic wage
10    referred to in this Section before being hired by an
11    applicant;
12        (2) was formerly incarcerated between January 1, 2008
13    and December 31, 2018;
14        (3) is registered for the pilot program described in
15    Section 20; and
16        (4) is subsequently hired during the incentive period
17    by an applicant for a position under union contract or for
18    a position that offers a basic wage and benefits package as
19    compensation.
20    The term "participant" does not include a person who was
21previously employed in this State by the applicant prior to the
22onset of the incentive period if:
23            (1) the position was under union contract;
24            (2) the position provided a basic wage and benefits
25        package as compensation; or
26            (3) the participant is a related member of the

 

 

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1        applicant that has more than 50 total employees.
2    "Professional Employer Organization" (PEO) shall have the
3same meaning as defined in Section 5-5 of the Economic
4Development for a Growing Economy Tax Credit Act. As used in
5this Section, "Professional Employer Organization" does not
6include a day and temporary labor service agency regulated
7under the Day and Temporary Labor Services Act.
 
8    Section 15. Powers of the Department. The Department, in
9addition to those powers granted under the Civil Administrative
10Code of Illinois, is granted and shall have all the powers
11necessary or convenient to carry out and effectuate the
12purposes and provisions of this Act, including, but not limited
13to, power and authority to:
14        (1) promulgate procedures, rules, or regulations
15    deemed necessary and appropriate for the administration of
16    this Act; establish forms for applications, notifications,
17    contracts, or any other agreements; and accept
18    applications at any time during the year and require that
19    all applications be submitted via the Internet. The
20    Department shall require that applications be submitted in
21    electronic form;
22        (2) provide guidance and assistance to an applicant
23    pursuant to the provisions of this Act, and cooperate with
24    applicants to promote, foster, and support job creation
25    within the State;

 

 

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1        (3) enter into agreements and memoranda of
2    understanding for participation of and engage in
3    cooperation with agencies of the federal government, units
4    of local government, universities, research foundations or
5    institutions, regional economic development corporations,
6    or other organizations for the purposes of this Act;
7        (4) gather information and conduct inquiries, in the
8    manner and by the methods it deems desirable, including,
9    but not limited to, gathering information with respect to
10    applicants for the purpose of making any designations or
11    certifications necessary or desirable or to gather
12    information in furtherance of the purposes of this Act;
13        (5) establish, negotiate, and effectuate any term,
14    agreement, or other document with any person necessary or
15    appropriate to accomplish the purposes of this Act; and
16    consent, subject to the provisions of any agreement with
17    another party, to the modification or restructuring of any
18    agreement to which the Department is a party;
19        (6) provide for sufficient personnel to permit
20    administration, staffing, operation, and related support
21    required to adequately discharge its duties and
22    responsibilities described in this Act from funds made
23    available through charges to applicants or from funds as
24    may be appropriated by the General Assembly for the
25    administration of this Act;
26        (7) require applicants, upon written request, to issue

 

 

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1    any necessary authorization to the appropriate federal,
2    State, or local authority or any other person for the
3    release to the Department of information requested by the
4    Department, with the information requested to include, but
5    not limited to, financial reports, returns, or records
6    relating to the applicant or to the amount of credit
7    allowable under this Act;
8        (8) require that an applicant shall, at all times, keep
9    proper books of record and account in accordance with
10    generally accepted accounting principles consistently
11    applied with the books, records, or papers related to the
12    agreement in the custody or control of the applicant open
13    for reasonable Department inspection and audits, and
14    including, but not limited to, the making of copies of the
15    books, records, or papers; and
16        (9) take whatever actions are necessary or appropriate
17    to protect the State's interest in the event of bankruptcy,
18    default, foreclosure, or noncompliance with the terms and
19    conditions of financial assistance or participation
20    required under this Act, including the power to sell,
21    dispose of, lease, or rent, upon terms and conditions
22    determined by the Director to be appropriate, real or
23    personal property that the Department may recover as a
24    result of these actions.
 
25    Section 20. Pilot Program.

 

 

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1    (a) The tax credit shall only apply to up to 20,000
2participants for the duration of the incentive period.
3        A maximum of 10,000 participants shall be newly
4    released from prison.
5        A maximum of 10,000 participants shall be released from
6    prison between January 1, 2008 and December 31, 2018.
7    (b) The Department shall maintain a database of all
8participants for the duration of the incentive period.
9        (1) Eligible individuals shall register as
10    participants with the Department by May 31, 2019.
11        (2) The Department shall verify individuals'
12    eligibility to participate in the program by checking the
13    employment and incarceration history.
14        (3) The Department shall mail a written letter
15    containing a denial or confirmation of the individual's
16    eligibility to participate in the program to the primary
17    address of the individual.
18            (A) The denial letter shall state the reason why
19        the individual is being denied.
20            (B) The confirmation letter shall state the
21        identifying number assigned to the individual.
22    (c) The Department shall maintain a record of the
23participants and the corresponding applicant.
24        (1) Each applicant shall, on a quarterly basis starting
25    from receipt of the certificate of eligibility for the tax
26    credit, submit an annual report of employment of

 

 

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1    participants to remain in good standing to receive the tax
2    credit.
3        (2) The reports shall be submitted in the form and
4    manner required by the Department.
 
5    Section 25. Certificate of eligibility for tax credit.
6    (a) An applicant that has hired a participant during the
7incentive period may apply for a certificate of eligibility for
8the credit with respect to that position on or after the date
9of hire of the participant. The date of hire shall be the first
10day on which the participant begins providing services under a
11union contract or for a basic wage and benefits package as
12compensation.
13    (b) An applicant may apply for a certificate of eligibility
14for the credit for more than one participant on or after the
15date of hire of each qualifying participant.
16    (c) After receipt of an application under this Section, the
17Department shall issue a certificate of eligibility to the
18applicant, stating:
19        (1) the date and time on which the application was
20    received by the Department and an identifying number
21    assigned to the applicant by the Department;
22        (2) the maximum amount of the credit the applicant
23    could potentially receive under this Act with respect to
24    the new employees listed on the application; and
25        (3) the maximum amount of the credit potentially

 

 

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1    allowable on certificates of eligibility issued for
2    applications received prior to the application for which
3    the certificate of eligibility is issued.
4    (d) After the initial certificate of eligibility, the
5applicant must submit a quarterly report of employment of all
6participants to the Department. The Department shall review the
7report and issue an annual certificate of eligibility by April
815 of each taxable year to the applicant.
 
9    Section 30. Tax credit.
10    (a) Subject to the conditions set forth in this Act, an
11applicant is entitled to a credit against payment of taxes
12withheld under Section 704A of the Illinois Income Tax Act for
13participants as described in Section 20.
14    (b) The credit shall be allowed as a credit to an applicant
15for each participant hired during the incentive period that
16results in a net increase in full-time Illinois employees,
17where the net increase in the employer's full-time Illinois
18employees is maintained for at least 24 months.
19    (c) The Department shall make credit awards under this Act
20to further job creation.
21    (d) The credit shall be claimed for the second calendar
22year ending on or after the date on which the certificate is
23issued by the Department and each year thereafter during the
24incentive period as long as the participant's employment with
25the applicant is maintained.

 

 

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1    (e) The credit shall not be less than $10,000 and shall not
2exceed $15,000 each year per participant hired.
3    (f) The net increase in full-time Illinois employees,
4measured on an annual full-time equivalent basis, shall be the
5total number of full-time Illinois employees of the applicant
6on the final day of the incentive period, minus the number of
7full-time Illinois employees employed by the employer on the
8first day of that same incentive period. For purposes of the
9calculation, an employer that begins doing business in this
10State during the incentive period, as determined by the
11Director, shall be treated as having zero Illinois employees on
12the first day of the incentive period.
13    (g) The net increase in the number of full-time Illinois
14employees of the applicant under subsection (e) must be
15sustained continuously for at least 24 months, starting with
16the date of hire of a participant during the incentive period.
17    (h) The Department shall promulgate rules to enable an
18applicant for which a PEO has been contracted to issue W-2s and
19make payment of taxes withheld under Section 704A of the
20Illinois Income Tax Act for new employees to retain the benefit
21of tax credits to which the applicant is otherwise entitled
22under this Act.
 
23    Section 35. Determination of Amount of the Credit. In
24determining the amount of the credit that should be awarded,
25the Department shall take into consideration the following

 

 

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1factors:
2        (1) the type of service provided;
3        (2) the skill-level, education and expertise required
4    to provide the service;
5        (3) the benefits package offered by the applicant;
6        (4) the amount of training provided by the applicant;
7    and
8        (5) opportunities for wage increases and promotions.
 
9    Section 40. Maximum amount of credits allowed. To the
10extent authorized by Section 30 of this Act, for taxable years
11beginning on or after January 1, 2019 and December 31, 2024,
12the Department shall limit the monetary amount of credits
13awarded under this Act to no more than $1,500,000,000. If
14applications for a greater amount are received, credits shall
15be allowed on a first-come-first-served basis, based on the
16date on which each properly completed application for a
17certificate of eligibility is received by the Department. If
18more than one certificate of eligibility is received on the
19same day, the credits will be awarded based on the time of
20submission for that particular day.
 
21    Section 45. Application for award of tax credit; tax credit
22certificate.
23    (a) On or after the conclusion of the 24-month period after
24a participant has been hired, an applicant shall file with the

 

 

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1Department an application for award of a credit. The
2application shall include the following:
3        (1) the names, social security numbers, job
4    descriptions, salary or wage rates, and dates of hire of
5    the participants with respect to whom the credit is being
6    requested, and whether each participant is registered in
7    the pilot program described in Section 20;
8        (2) a certification that each participant listed has
9    been retained on the job for 24 months from the date of
10    hire;
11        (3) the number of participants hired by the applicant
12    during the incentive period;
13        (4) the net increase in the number of full-time
14    Illinois employees of the applicant, including the
15    participants listed in the request, between the beginning
16    of the incentive period and the dates on which the
17    participants listed in the request were hired;
18        (5) an agreement that the Director is authorized to
19    verify with the appropriate State agencies the information
20    contained in the request before issuing a certificate to
21    the applicant; and
22        (6) any other information the Department determines to
23    be appropriate.
24    (b) Although an application may be filed at any time after
25the conclusion of the 24-month period, an application filed
26more than 90 days after the earliest date on which it could

 

 

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1have been filed shall not be awarded any credit if, prior to
2the date it is filed, the Department has received applications
3under this Section for credits totaling more than
4$1,500,000,000.
5    (c) The Department shall issue a certificate to each
6applicant awarded a credit under this Act. The certificate
7shall include the following:
8        (1) the name and taxpayer identification number of the
9    applicant;
10        (2) the date on which the certificate is issued;
11        (3) the credit amount that will be allowed; and
12        (4) any other information the Department determines to
13    be appropriate.
 
14    Section 50. Submission of tax credit certificate to
15Department of Revenue. An applicant claiming a credit under
16this Act shall submit to the Department of Revenue a copy of
17each certificate issued under Section 45 of this Act with the
18first return for which the credit shown on the certificate is
19claimed. Failure to submit a copy of the certificate with the
20applicant's return shall not invalidate a claim for a credit.
 
21    Section 55. Noncompliance. If the Director determines that
22an applicant who has received a credit under this Act is not
23complying with the requirements of the provisions of this Act,
24the Director shall provide notice to the applicant of the

 

 

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1alleged noncompliance, and allow the taxpayer a hearing under
2the provisions of the Illinois Administrative Procedure Act.
3If, after such notice and any hearing, the Director determines
4that noncompliance exists, the Director shall issue to the
5Department of Revenue notice to that effect stating the
6noncompliance date.
 
7    Section 60. Rules. The Department may adopt rules necessary
8to implement this Act. The rules may provide for recipients of
9credits under this Act to be charged fees to cover
10administrative costs of the tax credit program.
 
11    Section 65. Elimination of mandatory minimums in
12sentencing. The cost savings from this Section shall be
13directly applied to fund the pilot program described in Section
1425.
 
15    Section 70. Applicability. This Act applies to offenses
16committed before the effective date of this Act, and to
17offenses committed on or after the effective date.
18    A person currently serving a sentence for a conviction,
19whether by trial or plea, of a felony or felonies who would
20have been guilty of a misdemeanor or lesser felony
21classification under this Act had the Act been in effect at the
22time of the offense may petition the trial court that entered
23the judgment of conviction in his or her case to request

 

 

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1resentencing in accordance with this Act. A person who is
2resentenced shall be given credit for time served. Under no
3circumstances may resentencing result in the imposition of a
4term longer than the original sentence.
 
5    Section 905. The Unified Code of Corrections is amended by
6changing Sections 5-4.5-15, 5-4.5-25, 5-4.5-30, 5-4.5-35,
75-4.5-40, 5-4.5-45, 5-4.5-50, 5-4.5-85, and 5-4.5-95 as
8follows:
 
9    (730 ILCS 5/5-4.5-15)
10    Sec. 5-4.5-15. DISPOSITIONS.
11    (a) APPROPRIATE DISPOSITIONS. The following are
12appropriate dispositions, alone or in combination, for all
13felonies and misdemeanors other than as provided in Section
145-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the
15statute defining the offense or elsewhere:
16        (1) A period of probation.
17        (2) A term of periodic imprisonment.
18        (3) A term of conditional discharge.
19        (4) A term of imprisonment.
20        (5) A fine.
21        (6) Restitution to the victim.
22        (7) Participation in an impact incarceration program.
23        (8) A term of imprisonment in combination with a term
24    of probation when the offender has been admitted into a

 

 

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1    drug court program.
2        (9) If the defendant is convicted of arson, aggravated
3    arson, residential arson, or place of worship arson, an
4    order directing the offender to reimburse the local
5    emergency response department for the costs of responding
6    to the fire that the offender was convicted of setting in
7    accordance with the Emergency Services Response
8    Reimbursement for Criminal Convictions Act.
9    (b) FINE; RESTITUTION; NOT SOLE DISPOSITION. A Neither a
10fine nor restitution may shall be the sole disposition for a
11Class 4 felony, and either or both may be imposed only in
12conjunction with another disposition.
13    (c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
14term of natural life is imposed, every sentence includes a term
15in addition to the term of imprisonment. For those sentenced
16under the law in effect before February 1, 1978, that term is a
17parole term. For those sentenced on or after February 1, 1978,
18that term is a mandatory supervised release term.
19(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400,
20eff. 8-13-09; 96-1000, eff. 7-2-10.)
 
21    (730 ILCS 5/5-4.5-25)
22    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
23felony:
24    (a) TERM. The sentence of imprisonment shall be a
25determinate sentence of not less than 6 years and not more than

 

 

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130 years. The sentence of imprisonment for an extended term
2Class X felony, as provided in Section 5-8-2 (730 ILCS
35/5-8-2), shall be not less than 30 years and not more than 60
4years.
5    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
6shall not be imposed.
7    (c) IMPACT INCARCERATION. The impact incarceration program
8or the county impact incarceration program is not an authorized
9disposition.
10    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
11probation or conditional discharge shall not be imposed.
12    (e) FINE. Fines may be imposed as provided in Section
135-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
14    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
15concerning restitution.
16    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
17be concurrent or consecutive as provided in Section 5-8-4 (730
18ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
19    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
20Act (730 ILCS 166/20) concerning eligibility for a drug court
21program.
22    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
23ILCS 5/5-4.5-100) concerning no credit for time spent in home
24detention prior to judgment.
25    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
26for rules and regulations for sentence credit.

 

 

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1    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
25-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
3electronic monitoring and home detention.
4    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
5provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
65/5-8-1), the parole or mandatory supervised release term shall
7be 3 years upon release from imprisonment.
8(Source: P.A. 100-431, eff. 8-25-17.)
 
9    (730 ILCS 5/5-4.5-30)
10    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
11felony:
12    (a) TERM. The sentence of imprisonment, other than for
13second degree murder, shall be a determinate sentence of not
14less than 4 years and not more than 15 years. The sentence of
15imprisonment for second degree murder shall be a determinate
16sentence of not less than 4 years and not more than 20 years.
17The sentence of imprisonment for an extended term Class 1
18felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
19be a term not less than 15 years and not more than 30 years.
20    (b) PERIODIC IMPRISONMENT. A sentence of periodic
21imprisonment shall be for a definite term of from 3 to 4 years,
22except as otherwise provided in Section 5-5-3 or 5-7-1 (730
23ILCS 5/5-5-3 or 5/5-7-1).
24    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
25(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for

 

 

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1the impact incarceration program or the county impact
2incarceration program.
3    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
4in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
5period of probation or conditional discharge shall not exceed 4
6years. The court shall specify the conditions of probation or
7conditional discharge as set forth in Section 5-6-3 (730 ILCS
85/5-6-3). In no case shall an offender be eligible for a
9disposition of probation or conditional discharge for a Class 1
10felony committed while he or she was serving a term of
11probation or conditional discharge for a felony.
12    (e) FINE. Fines may be imposed as provided in Section
135-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
14    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
15concerning restitution.
16    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
17be concurrent or consecutive as provided in Section 5-8-4 (730
18ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
19    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
20Act (730 ILCS 166/20) concerning eligibility for a drug court
21program.
22    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
23ILCS 5/5-4.5-100) concerning credit for time spent in home
24detention prior to judgment.
25    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
26ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act

 

 

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1(730 ILCS 130/) for rules and regulations for sentence credit.
2    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
35-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
4electronic monitoring and home detention.
5    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
6provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
75/5-8-1), the parole or mandatory supervised release term shall
8be 2 years upon release from imprisonment.
9(Source: P.A. 100-431, eff. 8-25-17.)
 
10    (730 ILCS 5/5-4.5-35)
11    Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
12felony:
13    (a) TERM. The sentence of imprisonment shall be a
14determinate sentence of not less than 3 years and not more than
157 years. The sentence of imprisonment for an extended term
16Class 2 felony, as provided in Section 5-8-2 (730 ILCS
175/5-8-2), shall be a term not less than 7 years and not more
18than 14 years.
19    (b) PERIODIC IMPRISONMENT. A sentence of periodic
20imprisonment shall be for a definite term of from 18 to 30
21months, except as otherwise provided in Section 5-5-3 or 5-7-1
22(730 ILCS 5/5-5-3 or 5/5-7-1).
23    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
24(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
25the impact incarceration program or the county impact

 

 

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1incarceration program.
2    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
3in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
4period of probation or conditional discharge shall not exceed 4
5years. The court shall specify the conditions of probation or
6conditional discharge as set forth in Section 5-6-3 (730 ILCS
75/5-6-3).
8    (e) FINE. Fines may be imposed as provided in Section
95-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
10    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
11concerning restitution.
12    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
13be concurrent or consecutive as provided in Section 5-8-4 (730
14ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
15    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
16Act (730 ILCS 166/20) concerning eligibility for a drug court
17program.
18    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
19ILCS 5/5-4.5-100) concerning credit for time spent in home
20detention prior to judgment.
21    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
22ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
23(730 ILCS 130/) for rules and regulations for sentence credit.
24    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
255-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
26electronic monitoring and home detention.

 

 

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1    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
2provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
35/5-8-1), the parole or mandatory supervised release term shall
4be 2 years upon release from imprisonment.
5(Source: P.A. 100-431, eff. 8-25-17.)
 
6    (730 ILCS 5/5-4.5-40)
7    Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
8felony:
9    (a) TERM. The sentence of imprisonment shall be a
10determinate sentence of not less than 2 years and not more than
115 years. The sentence of imprisonment for an extended term
12Class 3 felony, as provided in Section 5-8-2 (730 ILCS
135/5-8-2), shall be a term not less than 5 years and not more
14than 10 years.
15    (b) PERIODIC IMPRISONMENT. A sentence of periodic
16imprisonment shall be for a definite term of up to 18 months,
17except as otherwise provided in Section 5-5-3 or 5-7-1 (730
18ILCS 5/5-5-3 or 5/5-7-1).
19    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
20(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
21the impact incarceration program or the county impact
22incarceration program.
23    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
24in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
25period of probation or conditional discharge shall not exceed

 

 

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130 months. The court shall specify the conditions of probation
2or conditional discharge as set forth in Section 5-6-3 (730
3ILCS 5/5-6-3).
4    (e) FINE. Fines may be imposed as provided in Section
55-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
6    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
7concerning restitution.
8    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
9be concurrent or consecutive as provided in Section 5-8-4 (730
10ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
11    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
12Act (730 ILCS 166/20) concerning eligibility for a drug court
13program.
14    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
15ILCS 5/5-4.5-100) concerning credit for time spent in home
16detention prior to judgment.
17    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
18ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
19(730 ILCS 130/) for rules and regulations for sentence credit.
20    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
215-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
22electronic monitoring and home detention.
23    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
24provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
255/5-8-1), the parole or mandatory supervised release term shall
26be one year upon release from imprisonment.

 

 

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1(Source: P.A. 100-431, eff. 8-25-17.)
 
2    (730 ILCS 5/5-4.5-45)
3    Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
4felony:
5    (a) TERM. The sentence of imprisonment shall be a
6determinate sentence of not less than one year and not more
7than 3 years. The sentence of imprisonment for an extended term
8Class 4 felony, as provided in Section 5-8-2 (730 ILCS
95/5-8-2), shall be a term not less than 3 years and not more
10than 6 years.
11    (b) PERIODIC IMPRISONMENT. A sentence of periodic
12imprisonment shall be for a definite term of up to 18 months,
13except as otherwise provided in Section 5-5-3 or 5-7-1 (730
14ILCS 5/5-5-3 or 5/5-7-1).
15    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
16(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
17the impact incarceration program or the county impact
18incarceration program.
19    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
20in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
21period of probation or conditional discharge shall not exceed
2230 months. The court shall specify the conditions of probation
23or conditional discharge as set forth in Section 5-6-3 (730
24ILCS 5/5-6-3).
25    (e) FINE. Fines may be imposed as provided in Section

 

 

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15-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
2    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3concerning restitution.
4    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
5be concurrent or consecutive as provided in Section 5-8-4 (730
6ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
7    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
8Act (730 ILCS 166/20) concerning eligibility for a drug court
9program.
10    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
11ILCS 5/5-4.5-100) concerning credit for time spent in home
12detention prior to judgment.
13    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
14ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
15(730 ILCS 130/) for rules and regulations for sentence credit.
16    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
175-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
18electronic monitoring and home detention.
19    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
20provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
215/5-8-1), the parole or mandatory supervised release term shall
22be one year upon release from imprisonment.
23(Source: P.A. 100-431, eff. 8-25-17.)
 
24    (730 ILCS 5/5-4.5-50)
25    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except

 

 

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1as otherwise provided, for all felonies:
2    (a) NO SUPERVISION. The court, upon a plea of guilty or a
3stipulation by the defendant of the facts supporting the charge
4or a finding of guilt, may not defer further proceedings and
5the imposition of a sentence and may not enter an order for
6supervision of the defendant.
7    (b) FELONY FINES. An offender may be sentenced to pay a
8fine not to exceed, for each offense, $25,000 or the amount
9specified in the offense, whichever is greater, or if the
10offender is a corporation, $50,000 or the amount specified in
11the offense, whichever is greater. A fine may be imposed in
12addition to a sentence of conditional discharge, probation,
13periodic imprisonment, or imprisonment. See Article 9 of
14Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
15additional amounts and determination of amounts and payment.
16The court shall consider the offender's financial
17circumstances and ability to pay before and after imprisonment
18before assessing any fine.
19    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
20each felony conviction shall set forth his or her reasons for
21imposing the particular sentence entered in the case, as
22provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
23include any mitigating or aggravating factors specified in this
24Code, or the lack of any such factors, as well as any other
25mitigating or aggravating factors that the judge sets forth on
26the record that are consistent with the purposes and principles

 

 

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1of sentencing set out in this Code.
2    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
3sentence may be made, or the court may reduce a sentence
4without motion, within 30 days after the sentence is imposed. A
5defendant's challenge to the correctness of a sentence or to
6any aspect of the sentencing hearing shall be made by a written
7motion filed with the circuit court clerk within 30 days
8following the imposition of sentence. A motion not filed within
9that 30-day period is not timely. The court may not increase a
10sentence once it is imposed. A notice of motion must be filed
11with the motion. The notice of motion shall set the motion on
12the court's calendar on a date certain within a reasonable time
13after the date of filing.
14    If a motion filed pursuant to this subsection is timely
15filed, the proponent of the motion shall exercise due diligence
16in seeking a determination on the motion and the court shall
17thereafter decide the motion within a reasonable time.
18    If a motion filed pursuant to this subsection is timely
19filed, then for purposes of perfecting an appeal, a final
20judgment is not considered to have been entered until the
21motion to reduce the sentence has been decided by order entered
22by the trial court.
23    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
24OTHER-STATE SENTENCE. A defendant who has a previous and
25unexpired sentence of imprisonment imposed by another state or
26by any district court of the United States and who, after

 

 

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1sentence for a crime in Illinois, must return to serve the
2unexpired prior sentence may have his or her sentence by the
3Illinois court ordered to be concurrent with the prior
4other-state or federal sentence. The court may order that any
5time served on the unexpired portion of the other-state or
6federal sentence, prior to his or her return to Illinois, shall
7be credited on his or her Illinois sentence. The appropriate
8official of the other state or the United States shall be
9furnished with a copy of the order imposing sentence, which
10shall provide that, when the offender is released from
11other-state or federal confinement, whether by parole or by
12termination of sentence, the offender shall be transferred by
13the Sheriff of the committing Illinois county to the Illinois
14Department of Corrections. The court shall cause the Department
15of Corrections to be notified of the sentence at the time of
16commitment and to be provided with copies of all records
17regarding the sentence.
18    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
19defendant who has a previous and unexpired sentence of
20imprisonment imposed by an Illinois circuit court for a crime
21in this State and who is subsequently sentenced to a term of
22imprisonment by another state or by any district court of the
23United States and who has served a term of imprisonment imposed
24by the other state or district court of the United States, and
25must return to serve the unexpired prior sentence imposed by
26the Illinois circuit court, may apply to the Illinois circuit

 

 

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1court that imposed sentence to have his or her sentence
2reduced.
3    The circuit court may order that any time served on the
4sentence imposed by the other state or district court of the
5United States be credited on his or her Illinois sentence. The
6application for reduction of a sentence under this subsection
7shall be made within 30 days after the defendant has completed
8the sentence imposed by the other state or district court of
9the United States.
10    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
11sentence or disposition that requires the defendant to be
12implanted or injected with or to use any form of birth control.
13(Source: P.A. 95-1052, eff. 7-1-09.)
 
14    (730 ILCS 5/5-4.5-85)
15    Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE.
16    (a) FELONY. The particular classification of each felony is
17specified in the law defining the felony. Any unclassified
18offense that is declared by law to be a felony or that provides
19a sentence to a term of imprisonment for one year or more is a
20Class 4 felony.
21    (b) MISDEMEANOR. The particular classification of each
22misdemeanor is specified in the law or ordinance defining the
23misdemeanor.
24        (1) Any offense not so classified that provides a
25    sentence to a term of imprisonment of less than one year

 

 

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1    but in excess of 6 months is a Class A misdemeanor.
2        (2) Any offense not so classified that provides a
3    sentence to a term of imprisonment of 6 months or less but
4    in excess of 30 days is a Class B misdemeanor.
5        (3) Any offense not so classified that provides a
6    sentence to a term of imprisonment of 30 days or less is a
7    Class C misdemeanor.
8    (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense
9that does not provide for a sentence of imprisonment is a petty
10offense or a business offense.
11(Source: P.A. 95-1052, eff. 7-1-09.)
 
12    (730 ILCS 5/5-4.5-95)
13    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
14    (a) HABITUAL CRIMINALS.
15        (1) Every person who has been twice convicted in any
16    state or federal court of an offense that contains the same
17    elements as an offense now (the date of the offense
18    committed after the 2 prior convictions) classified in
19    Illinois as a Class X felony, criminal sexual assault,
20    aggravated kidnapping, or first degree murder, and who is
21    thereafter convicted of a Class X felony, criminal sexual
22    assault, or first degree murder, committed after the 2
23    prior convictions, shall be adjudged an habitual criminal.
24        (2) The 2 prior convictions need not have been for the
25    same offense.

 

 

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1        (3) Any convictions that result from or are connected
2    with the same transaction, or result from offenses
3    committed at the same time, shall be counted for the
4    purposes of this Section as one conviction.
5        (4) This Section does not apply unless each of the
6    following requirements are satisfied:
7            (A) The third offense was committed after July 3,
8        1980.
9            (B) The third offense was committed within 20 years
10        of the date that judgment was entered on the first
11        conviction; provided, however, that time spent in
12        custody shall not be counted.
13            (C) The third offense was committed after
14        conviction on the second offense.
15            (D) The second offense was committed after
16        conviction on the first offense.
17        (5) Anyone who, having attained the age of 18 at the
18    time of the third offense, is adjudged an habitual criminal
19    shall be sentenced to a term of natural life imprisonment.
20        (6) A prior conviction shall not be alleged in the
21    indictment, and no evidence or other disclosure of that
22    conviction shall be presented to the court or the jury
23    during the trial of an offense set forth in this Section
24    unless otherwise permitted by the issues properly raised in
25    that trial. After a plea or verdict or finding of guilty
26    and before sentence is imposed, the prosecutor may file

 

 

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1    with the court a verified written statement signed by the
2    State's Attorney concerning any former conviction of an
3    offense set forth in this Section rendered against the
4    defendant. The court shall then cause the defendant to be
5    brought before it; shall inform the defendant of the
6    allegations of the statement so filed, and of his or her
7    right to a hearing before the court on the issue of that
8    former conviction and of his or her right to counsel at
9    that hearing; and unless the defendant admits such
10    conviction, shall hear and determine the issue, and shall
11    make a written finding thereon. If a sentence has
12    previously been imposed, the court may vacate that sentence
13    and impose a new sentence in accordance with this Section.
14        (7) A duly authenticated copy of the record of any
15    alleged former conviction of an offense set forth in this
16    Section shall be prima facie evidence of that former
17    conviction; and a duly authenticated copy of the record of
18    the defendant's final release or discharge from probation
19    granted, or from sentence and parole supervision (if any)
20    imposed pursuant to that former conviction, shall be prima
21    facie evidence of that release or discharge.
22        (8) Any claim that a previous conviction offered by the
23    prosecution is not a former conviction of an offense set
24    forth in this Section because of the existence of any
25    exceptions described in this Section, is waived unless duly
26    raised at the hearing on that conviction, or unless the

 

 

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1    prosecution's proof shows the existence of the exceptions
2    described in this Section.
3        (9) If the person so convicted shows to the
4    satisfaction of the court before whom that conviction was
5    had that he or she was released from imprisonment, upon
6    either of the sentences upon a pardon granted for the
7    reason that he or she was innocent, that conviction and
8    sentence shall not be considered under this Section.
9    (b) (Blank). When a defendant, over the age of 21 years, is
10convicted of a Class 1 or Class 2 felony, except for an offense
11listed in subsection (c) of this Section, after having twice
12been convicted in any state or federal court of an offense that
13contains the same elements as an offense now (the date the
14Class 1 or Class 2 felony was committed) classified in Illinois
15as a Class 2 or greater Class felony, except for an offense
16listed in subsection (c) of this Section, and those charges are
17separately brought and tried and arise out of different series
18of acts, that defendant shall be sentenced as a Class X
19offender. This subsection does not apply unless:
20        (1) the first felony was committed after February 1,
21    1978 (the effective date of Public Act 80-1099);
22        (2) the second felony was committed after conviction on
23    the first; and
24        (3) the third felony was committed after conviction on
25    the second.
26    (c) (Blank). Subsection (b) of this Section does not apply

 

 

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1to Class 1 or Class 2 felony convictions for a violation of
2Section 16-1 of the Criminal Code of 2012.
3    A person sentenced as a Class X offender under this
4subsection (b) is not eligible to apply for treatment as a
5condition of probation as provided by Section 40-10 of the
6Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
7301/40-10).
8(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18.)
 
9    Section 999. Effective date. This Act takes effect upon
10becoming law.