101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4085

 

Introduced 1/16/2020, by Rep. Andrew S. Chesney

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-50

    Amends the Unified Code of Corrections. Provides that an offender, who at the time of the commission of the offense, was a member of the General Assembly and who is convicted of a felony that was committed in his or her official capacity as a member of the General Assembly shall be sentenced to pay a minimum fine of $100,000.


LRB101 15327 RLC 64515 b

 

 

A BILL FOR

 

HB4085LRB101 15327 RLC 64515 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4.5-50 as follows:
 
6    (730 ILCS 5/5-4.5-50)
7    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
8as otherwise provided, for all felonies:
9    (a) NO SUPERVISION. The court, upon a plea of guilty or a
10stipulation by the defendant of the facts supporting the charge
11or a finding of guilt, may not defer further proceedings and
12the imposition of a sentence and may not enter an order for
13supervision of the defendant.
14    (b) FELONY FINES. Unless otherwise specified by law, the
15minimum fine is $75. An offender may be sentenced to pay a fine
16not to exceed, for each offense, $25,000 or the amount
17specified in the offense, whichever is greater, or if the
18offender is a corporation, $50,000 or the amount specified in
19the offense, whichever is greater. A fine may be imposed in
20addition to a sentence of conditional discharge, probation,
21periodic imprisonment, or imprisonment. See Article 9 of
22Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
23additional amounts and determination of amounts and payment. If

 

 

HB4085- 2 -LRB101 15327 RLC 64515 b

1the court finds that the fine would impose an undue burden on
2the victim, the court may reduce or waive the fine. An
3offender, who at the time of the commission of the offense, was
4a member of the General Assembly and who is convicted of a
5felony that was committed in his or her official capacity as a
6member of the General Assembly shall be sentenced to pay a
7minimum fine of $100,000.
8    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
9each felony conviction shall set forth his or her reasons for
10imposing the particular sentence entered in the case, as
11provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
12include any mitigating or aggravating factors specified in this
13Code, or the lack of any such factors, as well as any other
14mitigating or aggravating factors that the judge sets forth on
15the record that are consistent with the purposes and principles
16of sentencing set out in this Code.
17    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
18sentence may be made, or the court may reduce a sentence
19without motion, within 30 days after the sentence is imposed. A
20defendant's challenge to the correctness of a sentence or to
21any aspect of the sentencing hearing shall be made by a written
22motion filed with the circuit court clerk within 30 days
23following the imposition of sentence. A motion not filed within
24that 30-day period is not timely. The court may not increase a
25sentence once it is imposed. A notice of motion must be filed
26with the motion. The notice of motion shall set the motion on

 

 

HB4085- 3 -LRB101 15327 RLC 64515 b

1the court's calendar on a date certain within a reasonable time
2after the date of filing.
3    If a motion filed pursuant to this subsection is timely
4filed, the proponent of the motion shall exercise due diligence
5in seeking a determination on the motion and the court shall
6thereafter decide the motion within a reasonable time.
7    If a motion filed pursuant to this subsection is timely
8filed, then for purposes of perfecting an appeal, a final
9judgment is not considered to have been entered until the
10motion to reduce the sentence has been decided by order entered
11by the trial court.
12    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
13OTHER-STATE SENTENCE. A defendant who has a previous and
14unexpired sentence of imprisonment imposed by another state or
15by any district court of the United States and who, after
16sentence for a crime in Illinois, must return to serve the
17unexpired prior sentence may have his or her sentence by the
18Illinois court ordered to be concurrent with the prior
19other-state or federal sentence. The court may order that any
20time served on the unexpired portion of the other-state or
21federal sentence, prior to his or her return to Illinois, shall
22be credited on his or her Illinois sentence. The appropriate
23official of the other state or the United States shall be
24furnished with a copy of the order imposing sentence, which
25shall provide that, when the offender is released from
26other-state or federal confinement, whether by parole or by

 

 

HB4085- 4 -LRB101 15327 RLC 64515 b

1termination of sentence, the offender shall be transferred by
2the Sheriff of the committing Illinois county to the Illinois
3Department of Corrections. The court shall cause the Department
4of Corrections to be notified of the sentence at the time of
5commitment and to be provided with copies of all records
6regarding the sentence.
7    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
8defendant who has a previous and unexpired sentence of
9imprisonment imposed by an Illinois circuit court for a crime
10in this State and who is subsequently sentenced to a term of
11imprisonment by another state or by any district court of the
12United States and who has served a term of imprisonment imposed
13by the other state or district court of the United States, and
14must return to serve the unexpired prior sentence imposed by
15the Illinois circuit court, may apply to the Illinois circuit
16court that imposed sentence to have his or her sentence
17reduced.
18    The circuit court may order that any time served on the
19sentence imposed by the other state or district court of the
20United States be credited on his or her Illinois sentence. The
21application for reduction of a sentence under this subsection
22shall be made within 30 days after the defendant has completed
23the sentence imposed by the other state or district court of
24the United States.
25    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
26sentence or disposition that requires the defendant to be

 

 

HB4085- 5 -LRB101 15327 RLC 64515 b

1implanted or injected with or to use any form of birth control.
2(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)