103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2091

 

Introduced 2/9/2023, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-7.1  from Ch. 38, par. 12-7.1
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3
730 ILCS 5/5-5-3

    Amends the Criminal Code of 2012. Provides that a hate crime is a Class X felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime, at the time of the offense, was under 18 years of age. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for such offense. Provides that such offender shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Effective January 1, 2024.


LRB103 29011 RLC 55397 b

 

 

A BILL FOR

 

SB2091LRB103 29011 RLC 55397 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 Criminal Code of 2012 is amended by
5changing Section 12-7.1 as follows:
 
6    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
7    Sec. 12-7.1. Hate crime.
8    (a) A person commits hate crime when, by reason of the
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability,
11citizenship, immigration status, or national origin of another
12individual or group of individuals, regardless of the
13existence of any other motivating factor or factors, he or she
14commits assault, battery, aggravated assault, intimidation,
15stalking, cyberstalking, misdemeanor theft, criminal trespass
16to residence, misdemeanor criminal damage to property,
17criminal trespass to vehicle, criminal trespass to real
18property, mob action, disorderly conduct, transmission of
19obscene messages, harassment by telephone, or harassment
20through electronic communications as these crimes are defined
21in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
2221-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs
23(a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs

 

 

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1(a)(2) and (a)(5) of Section 26.5-3 of this Code,
2respectively.
3    (b) Except as provided in subsection (b-5) or (b-6), hate
4crime is a Class 4 felony for a first offense and a Class 2
5felony for a second or subsequent offense.
6    (b-5) Hate crime is a Class 3 felony for a first offense
7and a Class 2 felony for a second or subsequent offense if
8committed:
9        (1) in, or upon the exterior or grounds of, a church,
10    synagogue, mosque, or other building, structure, or place
11    identified or associated with a particular religion or
12    used for religious worship or other religious purpose;
13        (2) in a cemetery, mortuary, or other facility used
14    for the purpose of burial or memorializing the dead;
15        (3) in a school or other educational facility,
16    including an administrative facility or public or private
17    dormitory facility of or associated with the school or
18    other educational facility;
19        (4) in a public park or an ethnic or religious
20    community center;
21        (5) on the real property comprising any location
22    specified in clauses (1) through (4) of this subsection
23    (b-5); or
24        (6) on a public way within 1,000 feet of the real
25    property comprising any location specified in clauses (1)
26    through (4) of this subsection (b-5).

 

 

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1    (b-6) Hate crime is a Class X felony if committed by a
2person 18 years of age or older while armed with a firearm or
3if the victim of the hate crime, at the time of the offense,
4was under 18 years of age.
5    (b-10) Upon imposition of any sentence, the trial court
6shall also either order restitution paid to the victim or
7impose a fine in an amount to be determined by the court based
8on the severity of the crime and the injury or damages suffered
9by the victim. In addition, any order of probation or
10conditional discharge entered following a conviction or an
11adjudication of delinquency shall include a condition that the
12offender perform public or community service of no less than
13200 hours if that service is established in the county where
14the offender was convicted of hate crime. In addition, any
15order of probation or conditional discharge entered following
16a conviction or an adjudication of delinquency shall include a
17condition that the offender enroll in an educational program
18discouraging hate crimes involving the protected class
19identified in subsection (a) that gave rise to the offense the
20offender committed. The educational program must be attended
21by the offender in-person and may be administered, as
22determined by the court, by a university, college, community
23college, non-profit organization, the Illinois Holocaust and
24Genocide Commission, or any other organization that provides
25educational programs discouraging hate crimes, except that
26programs administered online or that can otherwise be attended

 

 

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1remotely are prohibited. The court may also impose any other
2condition of probation or conditional discharge under this
3Section. If the court sentences the offender to imprisonment
4or periodic imprisonment for a violation of this Section, as a
5condition of the offender's mandatory supervised release, the
6court shall require that the offender perform public or
7community service of no less than 200 hours and enroll in an
8educational program discouraging hate crimes involving the
9protected class identified in subsection (a) that gave rise to
10the offense the offender committed.
11    (c) Independent of any criminal prosecution or the result
12of a criminal prosecution, any person suffering injury to his
13or her person, damage to his or her property, intimidation as
14defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
1512-6 of this Code, stalking as defined in Section 12-7.3 of
16this Code, cyberstalking as defined in Section 12-7.5 of this
17Code, disorderly conduct as defined in paragraph (a)(1),
18(a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
19transmission of obscene messages as defined in Section 26.5-1
20of this Code, harassment by telephone as defined in Section
2126.5-2 of this Code, or harassment through electronic
22communications as defined in paragraphs (a)(2) and (a)(5) of
23Section 26.5-3 of this Code as a result of a hate crime may
24bring a civil action for damages, injunction or other
25appropriate relief. The court may award actual damages,
26including damages for emotional distress, as well as punitive

 

 

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1damages. The court may impose a civil penalty up to $25,000 for
2each violation of this subsection (c). A judgment in favor of a
3person who brings a civil action under this subsection (c)
4shall include attorney's fees and costs. After consulting with
5the local State's Attorney, the Attorney General may bring a
6civil action in the name of the People of the State for an
7injunction or other equitable relief under this subsection
8(c). In addition, the Attorney General may request and the
9court may impose a civil penalty up to $25,000 for each
10violation under this subsection (c). The parents or legal
11guardians, other than guardians appointed pursuant to the
12Juvenile Court Act or the Juvenile Court Act of 1987, of an
13unemancipated minor shall be liable for the amount of any
14judgment for all damages rendered against such minor under
15this subsection (c) in any amount not exceeding the amount
16provided under Section 5 of the Parental Responsibility Law.
17    (d) "Sexual orientation" has the meaning ascribed to it in
18paragraph (O-1) of Section 1-103 of the Illinois Human Rights
19Act.
20(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22;
21102-813, eff. 5-13-22.)
 
22    Section 10. The Unified Code of Corrections is amended by
23changing Sections 3-6-3 and 5-5-3 as follows:
 
24    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)

 

 

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1    Sec. 3-6-3. Rules and regulations for sentence credit.
2    (a)(1) The Department of Corrections shall prescribe rules
3and regulations for awarding and revoking sentence credit for
4persons committed to the Department of Corrections and the
5Department of Juvenile Justice shall prescribe rules and
6regulations for awarding and revoking sentence credit for
7persons committed to the Department of Juvenile Justice under
8Section 5-8-6 of the Unified Code of Corrections, which shall
9be subject to review by the Prisoner Review Board.
10    (1.5) As otherwise provided by law, sentence credit may be
11awarded for the following:
12        (A) successful completion of programming while in
13    custody of the Department of Corrections or the Department
14    of Juvenile Justice or while in custody prior to
15    sentencing;
16        (B) compliance with the rules and regulations of the
17    Department; or
18        (C) service to the institution, service to a
19    community, or service to the State.
20    (2) Except as provided in paragraph (4.7) of this
21subsection (a), the rules and regulations on sentence credit
22shall provide, with respect to offenses listed in clause (i),
23(ii), or (iii) of this paragraph (2) committed on or after June
2419, 1998 or with respect to the offense listed in clause (iv)
25of this paragraph (2) committed on or after June 23, 2005 (the
26effective date of Public Act 94-71) or with respect to offense

 

 

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1listed in clause (vi) committed on or after June 1, 2008 (the
2effective date of Public Act 95-625) or with respect to the
3offense of being an armed habitual criminal committed on or
4after August 2, 2005 (the effective date of Public Act 94-398)
5or with respect to the offenses listed in clause (v) of this
6paragraph (2) committed on or after August 13, 2007 (the
7effective date of Public Act 95-134) or with respect to the
8offense of aggravated domestic battery committed on or after
9July 23, 2010 (the effective date of Public Act 96-1224) or
10with respect to the offense of attempt to commit terrorism
11committed on or after January 1, 2013 (the effective date of
12Public Act 97-990) or with respect to the offenses listed in
13clause (viii) committed on or after the effective date of this
14amendatory Act of the 103rd General Assembly, the following:
15        (i) that a prisoner who is serving a term of
16    imprisonment for first degree murder or for the offense of
17    terrorism shall receive no sentence credit and shall serve
18    the entire sentence imposed by the court;
19        (ii) that a prisoner serving a sentence for attempt to
20    commit terrorism, attempt to commit first degree murder,
21    solicitation of murder, solicitation of murder for hire,
22    intentional homicide of an unborn child, predatory
23    criminal sexual assault of a child, aggravated criminal
24    sexual assault, criminal sexual assault, aggravated
25    kidnapping, aggravated battery with a firearm as described
26    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

 

 

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1    or (e)(4) of Section 12-3.05, heinous battery as described
2    in Section 12-4.1 or subdivision (a)(2) of Section
3    12-3.05, being an armed habitual criminal, aggravated
4    battery of a senior citizen as described in Section 12-4.6
5    or subdivision (a)(4) of Section 12-3.05, or aggravated
6    battery of a child as described in Section 12-4.3 or
7    subdivision (b)(1) of Section 12-3.05 shall receive no
8    more than 4.5 days of sentence credit for each month of his
9    or her sentence of imprisonment;
10        (iii) that a prisoner serving a sentence for home
11    invasion, armed robbery, aggravated vehicular hijacking,
12    aggravated discharge of a firearm, or armed violence with
13    a category I weapon or category II weapon, when the court
14    has made and entered a finding, pursuant to subsection
15    (c-1) of Section 5-4-1 of this Code, that the conduct
16    leading to conviction for the enumerated offense resulted
17    in great bodily harm to a victim, shall receive no more
18    than 4.5 days of sentence credit for each month of his or
19    her sentence of imprisonment;
20        (iv) that a prisoner serving a sentence for aggravated
21    discharge of a firearm, whether or not the conduct leading
22    to conviction for the offense resulted in great bodily
23    harm to the victim, shall receive no more than 4.5 days of
24    sentence credit for each month of his or her sentence of
25    imprisonment;
26        (v) that a person serving a sentence for gunrunning,

 

 

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1    narcotics racketeering, controlled substance trafficking,
2    methamphetamine trafficking, drug-induced homicide,
3    aggravated methamphetamine-related child endangerment,
4    money laundering pursuant to clause (c) (4) or (5) of
5    Section 29B-1 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, or a Class X felony conviction for delivery
7    of a controlled substance, possession of a controlled
8    substance with intent to manufacture or deliver,
9    calculated criminal drug conspiracy, criminal drug
10    conspiracy, street gang criminal drug conspiracy,
11    participation in methamphetamine manufacturing,
12    aggravated participation in methamphetamine
13    manufacturing, delivery of methamphetamine, possession
14    with intent to deliver methamphetamine, aggravated
15    delivery of methamphetamine, aggravated possession with
16    intent to deliver methamphetamine, methamphetamine
17    conspiracy when the substance containing the controlled
18    substance or methamphetamine is 100 grams or more shall
19    receive no more than 7.5 days sentence credit for each
20    month of his or her sentence of imprisonment;
21        (vi) that a prisoner serving a sentence for a second
22    or subsequent offense of luring a minor shall receive no
23    more than 4.5 days of sentence credit for each month of his
24    or her sentence of imprisonment; and
25        (vii) that a prisoner serving a sentence for
26    aggravated domestic battery shall receive no more than 4.5

 

 

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1    days of sentence credit for each month of his or her
2    sentence of imprisonment ; and .
3        (viii) that a prisoner serving a sentence for a hate
4    crime if committed by the prisoner when the prisoner was
5    at least 18 years of age while armed with a firearm or if
6    the victim of the hate crime, at the time of the offense,
7    was under 18 years of age, shall receive no more than 4.5
8    days of sentence credit for each month of his or her
9    sentence of imprisonment.
10    (2.1) For all offenses, other than those enumerated in
11subdivision (a)(2)(i), (ii), or (iii) committed on or after
12June 19, 1998 or subdivision (a)(2)(iv) committed on or after
13June 23, 2005 (the effective date of Public Act 94-71) or
14subdivision (a)(2)(v) committed on or after August 13, 2007
15(the effective date of Public Act 95-134) or subdivision
16(a)(2)(vi) committed on or after June 1, 2008 (the effective
17date of Public Act 95-625) or subdivision (a)(2)(vii)
18committed on or after July 23, 2010 (the effective date of
19Public Act 96-1224), and other than the offense of aggravated
20driving under the influence of alcohol, other drug or drugs,
21or intoxicating compound or compounds, or any combination
22thereof as defined in subparagraph (F) of paragraph (1) of
23subsection (d) of Section 11-501 of the Illinois Vehicle Code,
24and other than the offense of aggravated driving under the
25influence of alcohol, other drug or drugs, or intoxicating
26compound or compounds, or any combination thereof as defined

 

 

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1in subparagraph (C) of paragraph (1) of subsection (d) of
2Section 11-501 of the Illinois Vehicle Code committed on or
3after January 1, 2011 (the effective date of Public Act
496-1230)and other than the offense enumerated in subdivision
5(a)(2)(viii) committed on or after the effective date of this
6amendatory Act of the 103rd General Assembly, the rules and
7regulations shall provide that a prisoner who is serving a
8term of imprisonment shall receive one day of sentence credit
9for each day of his or her sentence of imprisonment or
10recommitment under Section 3-3-9. Each day of sentence credit
11shall reduce by one day the prisoner's period of imprisonment
12or recommitment under Section 3-3-9.
13    (2.2) A prisoner serving a term of natural life
14imprisonment or a prisoner who has been sentenced to death
15shall receive no sentence credit.
16    (2.3) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide that a prisoner who is serving a sentence for
19aggravated driving under the influence of alcohol, other drug
20or drugs, or intoxicating compound or compounds, or any
21combination thereof as defined in subparagraph (F) of
22paragraph (1) of subsection (d) of Section 11-501 of the
23Illinois Vehicle Code, shall receive no more than 4.5 days of
24sentence credit for each month of his or her sentence of
25imprisonment.
26    (2.4) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations on sentence credit
2shall provide with respect to the offenses of aggravated
3battery with a machine gun or a firearm equipped with any
4device or attachment designed or used for silencing the report
5of a firearm or aggravated discharge of a machine gun or a
6firearm equipped with any device or attachment designed or
7used for silencing the report of a firearm, committed on or
8after July 15, 1999 (the effective date of Public Act 91-121),
9that a prisoner serving a sentence for any of these offenses
10shall receive no more than 4.5 days of sentence credit for each
11month of his or her sentence of imprisonment.
12    (2.5) Except as provided in paragraph (4.7) of this
13subsection (a), the rules and regulations on sentence credit
14shall provide that a prisoner who is serving a sentence for
15aggravated arson committed on or after July 27, 2001 (the
16effective date of Public Act 92-176) shall receive no more
17than 4.5 days of sentence credit for each month of his or her
18sentence of imprisonment.
19    (2.6) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations on sentence credit
21shall provide that a prisoner who is serving a sentence for
22aggravated driving under the influence of alcohol, other drug
23or drugs, or intoxicating compound or compounds or any
24combination thereof as defined in subparagraph (C) of
25paragraph (1) of subsection (d) of Section 11-501 of the
26Illinois Vehicle Code committed on or after January 1, 2011

 

 

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1(the effective date of Public Act 96-1230) shall receive no
2more than 4.5 days of sentence credit for each month of his or
3her sentence of imprisonment.
4    (3) In addition to the sentence credits earned under
5paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
6subsection (a), the rules and regulations shall also provide
7that the Director of Corrections or the Director of Juvenile
8Justice may award up to 180 days of earned sentence credit for
9prisoners serving a sentence of incarceration of less than 5
10years, and up to 365 days of earned sentence credit for
11prisoners serving a sentence of 5 years or longer. The
12Director may grant this credit for good conduct in specific
13instances as either Director deems proper for eligible persons
14in the custody of each Director's respective Department. The
15good conduct may include, but is not limited to, compliance
16with the rules and regulations of the Department, service to
17the Department, service to a community, or service to the
18State.
19    Eligible inmates for an award of earned sentence credit
20under this paragraph (3) may be selected to receive the credit
21at either Director's or his or her designee's sole discretion.
22Eligibility for the additional earned sentence credit under
23this paragraph (3) may be based on, but is not limited to,
24participation in programming offered by the Department as
25appropriate for the prisoner based on the results of any
26available risk/needs assessment or other relevant assessments

 

 

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1or evaluations administered by the Department using a
2validated instrument, the circumstances of the crime,
3demonstrated commitment to rehabilitation by a prisoner with a
4history of conviction for a forcible felony enumerated in
5Section 2-8 of the Criminal Code of 2012, the inmate's
6behavior and improvements in disciplinary history while
7incarcerated, and the inmate's commitment to rehabilitation,
8including participation in programming offered by the
9Department.
10    The Director of Corrections or the Director of Juvenile
11Justice shall not award sentence credit under this paragraph
12(3) to an inmate unless the inmate has served a minimum of 60
13days of the sentence; except nothing in this paragraph shall
14be construed to permit either Director to extend an inmate's
15sentence beyond that which was imposed by the court. Prior to
16awarding credit under this paragraph (3), each Director shall
17make a written determination that the inmate:
18        (A) is eligible for the earned sentence credit;
19        (B) has served a minimum of 60 days, or as close to 60
20    days as the sentence will allow;
21        (B-1) has received a risk/needs assessment or other
22    relevant evaluation or assessment administered by the
23    Department using a validated instrument; and
24        (C) has met the eligibility criteria established by
25    rule for earned sentence credit.
26    The Director of Corrections or the Director of Juvenile

 

 

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1Justice shall determine the form and content of the written
2determination required in this subsection.
3    (3.5) The Department shall provide annual written reports
4to the Governor and the General Assembly on the award of earned
5sentence credit no later than February 1 of each year. The
6Department must publish both reports on its website within 48
7hours of transmitting the reports to the Governor and the
8General Assembly. The reports must include:
9        (A) the number of inmates awarded earned sentence
10    credit;
11        (B) the average amount of earned sentence credit
12    awarded;
13        (C) the holding offenses of inmates awarded earned
14    sentence credit; and
15        (D) the number of earned sentence credit revocations.
16    (4)(A) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations shall also provide
18that any prisoner who is engaged full-time in substance abuse
19programs, correctional industry assignments, educational
20programs, work-release programs or activities in accordance
21with Article 13 of Chapter III of this Code, behavior
22modification programs, life skills courses, or re-entry
23planning provided by the Department under this paragraph (4)
24and satisfactorily completes the assigned program as
25determined by the standards of the Department, shall receive
26one day of sentence credit for each day in which that prisoner

 

 

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1is engaged in the activities described in this paragraph. The
2rules and regulations shall also provide that sentence credit
3may be provided to an inmate who was held in pre-trial
4detention prior to his or her current commitment to the
5Department of Corrections and successfully completed a
6full-time, 60-day or longer substance abuse program,
7educational program, behavior modification program, life
8skills course, or re-entry planning provided by the county
9department of corrections or county jail. Calculation of this
10county program credit shall be done at sentencing as provided
11in Section 5-4.5-100 of this Code and shall be included in the
12sentencing order. The rules and regulations shall also provide
13that sentence credit may be provided to an inmate who is in
14compliance with programming requirements in an adult
15transition center.
16    (B) The Department shall award sentence credit under this
17paragraph (4) accumulated prior to January 1, 2020 (the
18effective date of Public Act 101-440) in an amount specified
19in subparagraph (C) of this paragraph (4) to an inmate serving
20a sentence for an offense committed prior to June 19, 1998, if
21the Department determines that the inmate is entitled to this
22sentence credit, based upon:
23        (i) documentation provided by the Department that the
24    inmate engaged in any full-time substance abuse programs,
25    correctional industry assignments, educational programs,
26    behavior modification programs, life skills courses, or

 

 

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1    re-entry planning provided by the Department under this
2    paragraph (4) and satisfactorily completed the assigned
3    program as determined by the standards of the Department
4    during the inmate's current term of incarceration; or
5        (ii) the inmate's own testimony in the form of an
6    affidavit or documentation, or a third party's
7    documentation or testimony in the form of an affidavit
8    that the inmate likely engaged in any full-time substance
9    abuse programs, correctional industry assignments,
10    educational programs, behavior modification programs, life
11    skills courses, or re-entry planning provided by the
12    Department under paragraph (4) and satisfactorily
13    completed the assigned program as determined by the
14    standards of the Department during the inmate's current
15    term of incarceration.
16    (C) If the inmate can provide documentation that he or she
17is entitled to sentence credit under subparagraph (B) in
18excess of 45 days of participation in those programs, the
19inmate shall receive 90 days of sentence credit. If the inmate
20cannot provide documentation of more than 45 days of
21participation in those programs, the inmate shall receive 45
22days of sentence credit. In the event of a disagreement
23between the Department and the inmate as to the amount of
24credit accumulated under subparagraph (B), if the Department
25provides documented proof of a lesser amount of days of
26participation in those programs, that proof shall control. If

 

 

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1the Department provides no documentary proof, the inmate's
2proof as set forth in clause (ii) of subparagraph (B) shall
3control as to the amount of sentence credit provided.
4    (D) If the inmate has been convicted of a sex offense as
5defined in Section 2 of the Sex Offender Registration Act,
6sentencing credits under subparagraph (B) of this paragraph
7(4) shall be awarded by the Department only if the conditions
8set forth in paragraph (4.6) of subsection (a) are satisfied.
9No inmate serving a term of natural life imprisonment shall
10receive sentence credit under subparagraph (B) of this
11paragraph (4).
12    Educational, vocational, substance abuse, behavior
13modification programs, life skills courses, re-entry planning,
14and correctional industry programs under which sentence credit
15may be earned under this paragraph (4) and paragraph (4.1) of
16this subsection (a) shall be evaluated by the Department on
17the basis of documented standards. The Department shall report
18the results of these evaluations to the Governor and the
19General Assembly by September 30th of each year. The reports
20shall include data relating to the recidivism rate among
21program participants.
22    Availability of these programs shall be subject to the
23limits of fiscal resources appropriated by the General
24Assembly for these purposes. Eligible inmates who are denied
25immediate admission shall be placed on a waiting list under
26criteria established by the Department. The rules and

 

 

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1regulations shall provide that a prisoner who has been placed
2on a waiting list but is transferred for non-disciplinary
3reasons before beginning a program shall receive priority
4placement on the waitlist for appropriate programs at the new
5facility. The inability of any inmate to become engaged in any
6such programs by reason of insufficient program resources or
7for any other reason established under the rules and
8regulations of the Department shall not be deemed a cause of
9action under which the Department or any employee or agent of
10the Department shall be liable for damages to the inmate. The
11rules and regulations shall provide that a prisoner who begins
12an educational, vocational, substance abuse, work-release
13programs or activities in accordance with Article 13 of
14Chapter III of this Code, behavior modification program, life
15skills course, re-entry planning, or correctional industry
16programs but is unable to complete the program due to illness,
17disability, transfer, lockdown, or another reason outside of
18the prisoner's control shall receive prorated sentence credits
19for the days in which the prisoner did participate.
20    (4.1) Except as provided in paragraph (4.7) of this
21subsection (a), the rules and regulations shall also provide
22that an additional 90 days of sentence credit shall be awarded
23to any prisoner who passes high school equivalency testing
24while the prisoner is committed to the Department of
25Corrections. The sentence credit awarded under this paragraph
26(4.1) shall be in addition to, and shall not affect, the award

 

 

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1of sentence credit under any other paragraph of this Section,
2but shall also be pursuant to the guidelines and restrictions
3set forth in paragraph (4) of subsection (a) of this Section.
4The sentence credit provided for in this paragraph shall be
5available only to those prisoners who have not previously
6earned a high school diploma or a State of Illinois High School
7Diploma. If, after an award of the high school equivalency
8testing sentence credit has been made, the Department
9determines that the prisoner was not eligible, then the award
10shall be revoked. The Department may also award 90 days of
11sentence credit to any committed person who passed high school
12equivalency testing while he or she was held in pre-trial
13detention prior to the current commitment to the Department of
14Corrections. Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations shall provide that
16an additional 120 days of sentence credit shall be awarded to
17any prisoner who obtains an associate degree while the
18prisoner is committed to the Department of Corrections,
19regardless of the date that the associate degree was obtained,
20including if prior to July 1, 2021 (the effective date of
21Public Act 101-652). The sentence credit awarded under this
22paragraph (4.1) shall be in addition to, and shall not affect,
23the award of sentence credit under any other paragraph of this
24Section, but shall also be under the guidelines and
25restrictions set forth in paragraph (4) of subsection (a) of
26this Section. The sentence credit provided for in this

 

 

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1paragraph (4.1) shall be available only to those prisoners who
2have not previously earned an associate degree prior to the
3current commitment to the Department of Corrections. If, after
4an award of the associate degree sentence credit has been made
5and the Department determines that the prisoner was not
6eligible, then the award shall be revoked. The Department may
7also award 120 days of sentence credit to any committed person
8who earned an associate degree while he or she was held in
9pre-trial detention prior to the current commitment to the
10Department of Corrections.
11    Except as provided in paragraph (4.7) of this subsection
12(a), the rules and regulations shall provide that an
13additional 180 days of sentence credit shall be awarded to any
14prisoner who obtains a bachelor's degree while the prisoner is
15committed to the Department of Corrections. The sentence
16credit awarded under this paragraph (4.1) shall be in addition
17to, and shall not affect, the award of sentence credit under
18any other paragraph of this Section, but shall also be under
19the guidelines and restrictions set forth in paragraph (4) of
20this subsection (a). The sentence credit provided for in this
21paragraph shall be available only to those prisoners who have
22not earned a bachelor's degree prior to the current commitment
23to the Department of Corrections. If, after an award of the
24bachelor's degree sentence credit has been made, the
25Department determines that the prisoner was not eligible, then
26the award shall be revoked. The Department may also award 180

 

 

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1days of sentence credit to any committed person who earned a
2bachelor's degree while he or she was held in pre-trial
3detention prior to the current commitment to the Department of
4Corrections.
5    Except as provided in paragraph (4.7) of this subsection
6(a), the rules and regulations shall provide that an
7additional 180 days of sentence credit shall be awarded to any
8prisoner who obtains a master's or professional degree while
9the prisoner is committed to the Department of Corrections.
10The sentence credit awarded under this paragraph (4.1) shall
11be in addition to, and shall not affect, the award of sentence
12credit under any other paragraph of this Section, but shall
13also be under the guidelines and restrictions set forth in
14paragraph (4) of this subsection (a). The sentence credit
15provided for in this paragraph shall be available only to
16those prisoners who have not previously earned a master's or
17professional degree prior to the current commitment to the
18Department of Corrections. If, after an award of the master's
19or professional degree sentence credit has been made, the
20Department determines that the prisoner was not eligible, then
21the award shall be revoked. The Department may also award 180
22days of sentence credit to any committed person who earned a
23master's or professional degree while he or she was held in
24pre-trial detention prior to the current commitment to the
25Department of Corrections.
26    (4.2) The rules and regulations shall also provide that

 

 

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1any prisoner engaged in self-improvement programs, volunteer
2work, or work assignments that are not otherwise eligible
3activities under paragraph (4), shall receive up to 0.5 days
4of sentence credit for each day in which the prisoner is
5engaged in activities described in this paragraph.
6    (4.5) The rules and regulations on sentence credit shall
7also provide that when the court's sentencing order recommends
8a prisoner for substance abuse treatment and the crime was
9committed on or after September 1, 2003 (the effective date of
10Public Act 93-354), the prisoner shall receive no sentence
11credit awarded under clause (3) of this subsection (a) unless
12he or she participates in and completes a substance abuse
13treatment program. The Director of Corrections may waive the
14requirement to participate in or complete a substance abuse
15treatment program in specific instances if the prisoner is not
16a good candidate for a substance abuse treatment program for
17medical, programming, or operational reasons. Availability of
18substance abuse treatment shall be subject to the limits of
19fiscal resources appropriated by the General Assembly for
20these purposes. If treatment is not available and the
21requirement to participate and complete the treatment has not
22been waived by the Director, the prisoner shall be placed on a
23waiting list under criteria established by the Department. The
24Director may allow a prisoner placed on a waiting list to
25participate in and complete a substance abuse education class
26or attend substance abuse self-help meetings in lieu of a

 

 

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1substance abuse treatment program. A prisoner on a waiting
2list who is not placed in a substance abuse program prior to
3release may be eligible for a waiver and receive sentence
4credit under clause (3) of this subsection (a) at the
5discretion of the Director.
6    (4.6) The rules and regulations on sentence credit shall
7also provide that a prisoner who has been convicted of a sex
8offense as defined in Section 2 of the Sex Offender
9Registration Act shall receive no sentence credit unless he or
10she either has successfully completed or is participating in
11sex offender treatment as defined by the Sex Offender
12Management Board. However, prisoners who are waiting to
13receive treatment, but who are unable to do so due solely to
14the lack of resources on the part of the Department, may, at
15either Director's sole discretion, be awarded sentence credit
16at a rate as the Director shall determine.
17    (4.7) On or after January 1, 2018 (the effective date of
18Public Act 100-3), sentence credit under paragraph (3), (4),
19or (4.1) of this subsection (a) may be awarded to a prisoner
20who is serving a sentence for an offense described in
21paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
22on or after January 1, 2018 (the effective date of Public Act
23100-3); provided, the award of the credits under this
24paragraph (4.7) shall not reduce the sentence of the prisoner
25to less than the following amounts:
26        (i) 85% of his or her sentence if the prisoner is

 

 

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1    required to serve 85% of his or her sentence; or
2        (ii) 60% of his or her sentence if the prisoner is
3    required to serve 75% of his or her sentence, except if the
4    prisoner is serving a sentence for gunrunning his or her
5    sentence shall not be reduced to less than 75%.
6        (iii) 100% of his or her sentence if the prisoner is
7    required to serve 100% of his or her sentence.
8    (5) Whenever the Department is to release any inmate
9earlier than it otherwise would because of a grant of earned
10sentence credit under paragraph (3) of subsection (a) of this
11Section given at any time during the term, the Department
12shall give reasonable notice of the impending release not less
13than 14 days prior to the date of the release to the State's
14Attorney of the county where the prosecution of the inmate
15took place, and if applicable, the State's Attorney of the
16county into which the inmate will be released. The Department
17must also make identification information and a recent photo
18of the inmate being released accessible on the Internet by
19means of a hyperlink labeled "Community Notification of Inmate
20Early Release" on the Department's World Wide Web homepage.
21The identification information shall include the inmate's:
22name, any known alias, date of birth, physical
23characteristics, commitment offense, and county where
24conviction was imposed. The identification information shall
25be placed on the website within 3 days of the inmate's release
26and the information may not be removed until either:

 

 

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1completion of the first year of mandatory supervised release
2or return of the inmate to custody of the Department.
3    (b) Whenever a person is or has been committed under
4several convictions, with separate sentences, the sentences
5shall be construed under Section 5-8-4 in granting and
6forfeiting of sentence credit.
7    (c) (1) The Department shall prescribe rules and
8regulations for revoking sentence credit, including revoking
9sentence credit awarded under paragraph (3) of subsection (a)
10of this Section. The Department shall prescribe rules and
11regulations establishing and requiring the use of a sanctions
12matrix for revoking sentence credit. The Department shall
13prescribe rules and regulations for suspending or reducing the
14rate of accumulation of sentence credit for specific rule
15violations, during imprisonment. These rules and regulations
16shall provide that no inmate may be penalized more than one
17year of sentence credit for any one infraction.
18    (2) When the Department seeks to revoke, suspend, or
19reduce the rate of accumulation of any sentence credits for an
20alleged infraction of its rules, it shall bring charges
21therefor against the prisoner sought to be so deprived of
22sentence credits before the Prisoner Review Board as provided
23in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
24amount of credit at issue exceeds 30 days, whether from one
25infraction or cumulatively from multiple infractions arising
26out of a single event, or when, during any 12-month period, the

 

 

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1cumulative amount of credit revoked exceeds 30 days except
2where the infraction is committed or discovered within 60 days
3of scheduled release. In those cases, the Department of
4Corrections may revoke up to 30 days of sentence credit. The
5Board may subsequently approve the revocation of additional
6sentence credit, if the Department seeks to revoke sentence
7credit in excess of 30 days. However, the Board shall not be
8empowered to review the Department's decision with respect to
9the loss of 30 days of sentence credit within any calendar year
10for any prisoner or to increase any penalty beyond the length
11requested by the Department.
12    (3) The Director of Corrections or the Director of
13Juvenile Justice, in appropriate cases, may restore sentence
14credits which have been revoked, suspended, or reduced. The
15Department shall prescribe rules and regulations governing the
16restoration of sentence credits. These rules and regulations
17shall provide for the automatic restoration of sentence
18credits following a period in which the prisoner maintains a
19record without a disciplinary violation.
20    Nothing contained in this Section shall prohibit the
21Prisoner Review Board from ordering, pursuant to Section
223-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23sentence imposed by the court that was not served due to the
24accumulation of sentence credit.
25    (d) If a lawsuit is filed by a prisoner in an Illinois or
26federal court against the State, the Department of

 

 

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1Corrections, or the Prisoner Review Board, or against any of
2their officers or employees, and the court makes a specific
3finding that a pleading, motion, or other paper filed by the
4prisoner is frivolous, the Department of Corrections shall
5conduct a hearing to revoke up to 180 days of sentence credit
6by bringing charges against the prisoner sought to be deprived
7of the sentence credits before the Prisoner Review Board as
8provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
9If the prisoner has not accumulated 180 days of sentence
10credit at the time of the finding, then the Prisoner Review
11Board may revoke all sentence credit accumulated by the
12prisoner.
13    For purposes of this subsection (d):
14        (1) "Frivolous" means that a pleading, motion, or
15    other filing which purports to be a legal document filed
16    by a prisoner in his or her lawsuit meets any or all of the
17    following criteria:
18            (A) it lacks an arguable basis either in law or in
19        fact;
20            (B) it is being presented for any improper
21        purpose, such as to harass or to cause unnecessary
22        delay or needless increase in the cost of litigation;
23            (C) the claims, defenses, and other legal
24        contentions therein are not warranted by existing law
25        or by a nonfrivolous argument for the extension,
26        modification, or reversal of existing law or the

 

 

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1        establishment of new law;
2            (D) the allegations and other factual contentions
3        do not have evidentiary support or, if specifically so
4        identified, are not likely to have evidentiary support
5        after a reasonable opportunity for further
6        investigation or discovery; or
7            (E) the denials of factual contentions are not
8        warranted on the evidence, or if specifically so
9        identified, are not reasonably based on a lack of
10        information or belief.
11        (2) "Lawsuit" means a motion pursuant to Section 116-3
12    of the Code of Criminal Procedure of 1963, a habeas corpus
13    action under Article X of the Code of Civil Procedure or
14    under federal law (28 U.S.C. 2254), a petition for claim
15    under the Court of Claims Act, an action under the federal
16    Civil Rights Act (42 U.S.C. 1983), or a second or
17    subsequent petition for post-conviction relief under
18    Article 122 of the Code of Criminal Procedure of 1963
19    whether filed with or without leave of court or a second or
20    subsequent petition for relief from judgment under Section
21    2-1401 of the Code of Civil Procedure.
22    (e) Nothing in Public Act 90-592 or 90-593 affects the
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any inmate who
25has been convicted of a violation of an order of protection
26under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

 

 

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1the Criminal Code of 2012, earlier than it otherwise would
2because of a grant of sentence credit, the Department, as a
3condition of release, shall require that the person, upon
4release, be placed under electronic surveillance as provided
5in Section 5-8A-7 of this Code.
6(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
7102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
85-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
 
9    (730 ILCS 5/5-5-3)
10    Sec. 5-5-3. Disposition.
11    (a) (Blank).
12    (b) (Blank).
13    (c) (1) (Blank).
14    (2) A period of probation, a term of periodic imprisonment
15or conditional discharge shall not be imposed for the
16following offenses. The court shall sentence the offender to
17not less than the minimum term of imprisonment set forth in
18this Code for the following offenses, and may order a fine or
19restitution or both in conjunction with such term of
20imprisonment:
21        (A) First degree murder where the death penalty is not
22    imposed.
23        (B) Attempted first degree murder.
24        (C) A Class X felony.
25        (D) A violation of Section 401.1 or 407 of the

 

 

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1    Illinois Controlled Substances Act, or a violation of
2    subdivision (c)(1.5) of Section 401 of that Act which
3    relates to more than 5 grams of a substance containing
4    fentanyl or an analog thereof.
5        (D-5) A violation of subdivision (c)(1) of Section 401
6    of the Illinois Controlled Substances Act which relates to
7    3 or more grams of a substance containing heroin or an
8    analog thereof.
9        (E) (Blank).
10        (F) A Class 1 or greater felony if the offender had
11    been convicted of a Class 1 or greater felony, including
12    any state or federal conviction for an offense that
13    contained, at the time it was committed, the same elements
14    as an offense now (the date of the offense committed after
15    the prior Class 1 or greater felony) classified as a Class
16    1 or greater felony, within 10 years of the date on which
17    the offender committed the offense for which he or she is
18    being sentenced, except as otherwise provided in Section
19    40-10 of the Substance Use Disorder Act.
20        (F-3) A Class 2 or greater felony sex offense or
21    felony firearm offense if the offender had been convicted
22    of a Class 2 or greater felony, including any state or
23    federal conviction for an offense that contained, at the
24    time it was committed, the same elements as an offense now
25    (the date of the offense committed after the prior Class 2
26    or greater felony) classified as a Class 2 or greater

 

 

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1    felony, within 10 years of the date on which the offender
2    committed the offense for which he or she is being
3    sentenced, except as otherwise provided in Section 40-10
4    of the Substance Use Disorder Act.
5        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
6    of the Criminal Code of 1961 or the Criminal Code of 2012
7    for which imprisonment is prescribed in those Sections.
8        (G) Residential burglary, except as otherwise provided
9    in Section 40-10 of the Substance Use Disorder Act.
10        (H) Criminal sexual assault.
11        (I) Aggravated battery of a senior citizen as
12    described in Section 12-4.6 or subdivision (a)(4) of
13    Section 12-3.05 of the Criminal Code of 1961 or the
14    Criminal Code of 2012.
15        (J) A forcible felony if the offense was related to
16    the activities of an organized gang.
17        Before July 1, 1994, for the purposes of this
18    paragraph, "organized gang" means an association of 5 or
19    more persons, with an established hierarchy, that
20    encourages members of the association to perpetrate crimes
21    or provides support to the members of the association who
22    do commit crimes.
23        Beginning July 1, 1994, for the purposes of this
24    paragraph, "organized gang" has the meaning ascribed to it
25    in Section 10 of the Illinois Streetgang Terrorism Omnibus
26    Prevention Act.

 

 

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1        (K) Vehicular hijacking.
2        (L) A second or subsequent conviction for the offense
3    of hate crime when the underlying offense upon which the
4    hate crime is based is felony aggravated assault or felony
5    mob action.
6        (M) A second or subsequent conviction for the offense
7    of institutional vandalism if the damage to the property
8    exceeds $300.
9        (N) A Class 3 felony violation of paragraph (1) of
10    subsection (a) of Section 2 of the Firearm Owners
11    Identification Card Act.
12        (O) A violation of Section 12-6.1 or 12-6.5 of the
13    Criminal Code of 1961 or the Criminal Code of 2012.
14        (P) A violation of paragraph (1), (2), (3), (4), (5),
15    or (7) of subsection (a) of Section 11-20.1 of the
16    Criminal Code of 1961 or the Criminal Code of 2012.
17        (P-5) A violation of paragraph (6) of subsection (a)
18    of Section 11-20.1 of the Criminal Code of 1961 or the
19    Criminal Code of 2012 if the victim is a household or
20    family member of the defendant.
21        (Q) A violation of subsection (b) or (b-5) of Section
22    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
23    Code of 1961 or the Criminal Code of 2012.
24        (R) A violation of Section 24-3A of the Criminal Code
25    of 1961 or the Criminal Code of 2012.
26        (S) (Blank).

 

 

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1        (T) (Blank).
2        (U) A second or subsequent violation of Section 6-303
3    of the Illinois Vehicle Code committed while his or her
4    driver's license, permit, or privilege was revoked because
5    of a violation of Section 9-3 of the Criminal Code of 1961
6    or the Criminal Code of 2012, relating to the offense of
7    reckless homicide, or a similar provision of a law of
8    another state.
9        (V) A violation of paragraph (4) of subsection (c) of
10    Section 11-20.1B or paragraph (4) of subsection (c) of
11    Section 11-20.3 of the Criminal Code of 1961, or paragraph
12    (6) of subsection (a) of Section 11-20.1 of the Criminal
13    Code of 2012 when the victim is under 13 years of age and
14    the defendant has previously been convicted under the laws
15    of this State or any other state of the offense of child
16    pornography, aggravated child pornography, aggravated
17    criminal sexual abuse, aggravated criminal sexual assault,
18    predatory criminal sexual assault of a child, or any of
19    the offenses formerly known as rape, deviate sexual
20    assault, indecent liberties with a child, or aggravated
21    indecent liberties with a child where the victim was under
22    the age of 18 years or an offense that is substantially
23    equivalent to those offenses.
24        (W) A violation of Section 24-3.5 of the Criminal Code
25    of 1961 or the Criminal Code of 2012.
26        (X) A violation of subsection (a) of Section 31-1a of

 

 

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1    the Criminal Code of 1961 or the Criminal Code of 2012.
2        (Y) A conviction for unlawful possession of a firearm
3    by a street gang member when the firearm was loaded or
4    contained firearm ammunition.
5        (Z) A Class 1 felony committed while he or she was
6    serving a term of probation or conditional discharge for a
7    felony.
8        (AA) Theft of property exceeding $500,000 and not
9    exceeding $1,000,000 in value.
10        (BB) Laundering of criminally derived property of a
11    value exceeding $500,000.
12        (CC) Knowingly selling, offering for sale, holding for
13    sale, or using 2,000 or more counterfeit items or
14    counterfeit items having a retail value in the aggregate
15    of $500,000 or more.
16        (DD) A conviction for aggravated assault under
17    paragraph (6) of subsection (c) of Section 12-2 of the
18    Criminal Code of 1961 or the Criminal Code of 2012 if the
19    firearm is aimed toward the person against whom the
20    firearm is being used.
21        (EE) A conviction for a violation of paragraph (2) of
22    subsection (a) of Section 24-3B of the Criminal Code of
23    2012.
24        (FF) A conviction for a violation of Section 12-7.1 of
25    the Criminal Code of 2012 if committed by a person 18 years
26    of age or older while armed with a firearm or if the victim

 

 

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1    of the hate crime, at the time of the offense, was under 18
2    years of age.
3    (3) (Blank).
4    (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8    (4.1) (Blank).
9    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13    (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17    (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment
19of 30 days or 300 hours of community service, as determined by
20the court, shall be imposed for a third or subsequent
21violation of Section 6-303 of the Illinois Vehicle Code. The
22court may give credit toward the fulfillment of community
23service hours for participation in activities and treatment as
24determined by court services.
25    (4.5) A minimum term of imprisonment of 30 days shall be
26imposed for a third violation of subsection (c) of Section

 

 

SB2091- 37 -LRB103 29011 RLC 55397 b

16-303 of the Illinois Vehicle Code.
2    (4.6) Except as provided in paragraph (4.10) of this
3subsection (c), a minimum term of imprisonment of 180 days
4shall be imposed for a fourth or subsequent violation of
5subsection (c) of Section 6-303 of the Illinois Vehicle Code.
6    (4.7) A minimum term of imprisonment of not less than 30
7consecutive days, or 300 hours of community service, shall be
8imposed for a violation of subsection (a-5) of Section 6-303
9of the Illinois Vehicle Code, as provided in subsection (b-5)
10of that Section.
11    (4.8) A mandatory prison sentence shall be imposed for a
12second violation of subsection (a-5) of Section 6-303 of the
13Illinois Vehicle Code, as provided in subsection (c-5) of that
14Section. The person's driving privileges shall be revoked for
15a period of not less than 5 years from the date of his or her
16release from prison.
17    (4.9) A mandatory prison sentence of not less than 4 and
18not more than 15 years shall be imposed for a third violation
19of subsection (a-5) of Section 6-303 of the Illinois Vehicle
20Code, as provided in subsection (d-2.5) of that Section. The
21person's driving privileges shall be revoked for the remainder
22of his or her life.
23    (4.10) A mandatory prison sentence for a Class 1 felony
24shall be imposed, and the person shall be eligible for an
25extended term sentence, for a fourth or subsequent violation
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

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1Code, as provided in subsection (d-3.5) of that Section. The
2person's driving privileges shall be revoked for the remainder
3of his or her life.
4    (5) The court may sentence a corporation or unincorporated
5association convicted of any offense to:
6        (A) a period of conditional discharge;
7        (B) a fine;
8        (C) make restitution to the victim under Section 5-5-6
9    of this Code.
10    (5.1) In addition to any other penalties imposed, and
11except as provided in paragraph (5.2) or (5.3), a person
12convicted of violating subsection (c) of Section 11-907 of the
13Illinois Vehicle Code shall have his or her driver's license,
14permit, or privileges suspended for at least 90 days but not
15more than one year, if the violation resulted in damage to the
16property of another person.
17    (5.2) In addition to any other penalties imposed, and
18except as provided in paragraph (5.3), a person convicted of
19violating subsection (c) of Section 11-907 of the Illinois
20Vehicle Code shall have his or her driver's license, permit,
21or privileges suspended for at least 180 days but not more than
222 years, if the violation resulted in injury to another
23person.
24    (5.3) In addition to any other penalties imposed, a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

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1permit, or privileges suspended for 2 years, if the violation
2resulted in the death of another person.
3    (5.4) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code shall have his or her driver's license, permit, or
6privileges suspended for 3 months and until he or she has paid
7a reinstatement fee of $100.
8    (5.5) In addition to any other penalties imposed, a person
9convicted of violating Section 3-707 of the Illinois Vehicle
10Code during a period in which his or her driver's license,
11permit, or privileges were suspended for a previous violation
12of that Section shall have his or her driver's license,
13permit, or privileges suspended for an additional 6 months
14after the expiration of the original 3-month suspension and
15until he or she has paid a reinstatement fee of $100.
16    (6) (Blank).
17    (7) (Blank).
18    (8) (Blank).
19    (9) A defendant convicted of a second or subsequent
20offense of ritualized abuse of a child may be sentenced to a
21term of natural life imprisonment.
22    (10) (Blank).
23    (11) The court shall impose a minimum fine of $1,000 for a
24first offense and $2,000 for a second or subsequent offense
25upon a person convicted of or placed on supervision for
26battery when the individual harmed was a sports official or

 

 

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1coach at any level of competition and the act causing harm to
2the sports official or coach occurred within an athletic
3facility or within the immediate vicinity of the athletic
4facility at which the sports official or coach was an active
5participant of the athletic contest held at the athletic
6facility. For the purposes of this paragraph (11), "sports
7official" means a person at an athletic contest who enforces
8the rules of the contest, such as an umpire or referee;
9"athletic facility" means an indoor or outdoor playing field
10or recreational area where sports activities are conducted;
11and "coach" means a person recognized as a coach by the
12sanctioning authority that conducted the sporting event.
13    (12) A person may not receive a disposition of court
14supervision for a violation of Section 5-16 of the Boat
15Registration and Safety Act if that person has previously
16received a disposition of court supervision for a violation of
17that Section.
18    (13) A person convicted of or placed on court supervision
19for an assault or aggravated assault when the victim and the
20offender are family or household members as defined in Section
21103 of the Illinois Domestic Violence Act of 1986 or convicted
22of domestic battery or aggravated domestic battery may be
23required to attend a Partner Abuse Intervention Program under
24protocols set forth by the Illinois Department of Human
25Services under such terms and conditions imposed by the court.
26The costs of such classes shall be paid by the offender.

 

 

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1    (d) In any case in which a sentence originally imposed is
2vacated, the case shall be remanded to the trial court. The
3trial court shall hold a hearing under Section 5-4-1 of this
4Code which may include evidence of the defendant's life, moral
5character and occupation during the time since the original
6sentence was passed. The trial court shall then impose
7sentence upon the defendant. The trial court may impose any
8sentence which could have been imposed at the original trial
9subject to Section 5-5-4 of this Code. If a sentence is vacated
10on appeal or on collateral attack due to the failure of the
11trier of fact at trial to determine beyond a reasonable doubt
12the existence of a fact (other than a prior conviction)
13necessary to increase the punishment for the offense beyond
14the statutory maximum otherwise applicable, either the
15defendant may be re-sentenced to a term within the range
16otherwise provided or, if the State files notice of its
17intention to again seek the extended sentence, the defendant
18shall be afforded a new trial.
19    (e) In cases where prosecution for aggravated criminal
20sexual abuse under Section 11-1.60 or 12-16 of the Criminal
21Code of 1961 or the Criminal Code of 2012 results in conviction
22of a defendant who was a family member of the victim at the
23time of the commission of the offense, the court shall
24consider the safety and welfare of the victim and may impose a
25sentence of probation only where:
26        (1) the court finds (A) or (B) or both are

 

 

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1    appropriate:
2            (A) the defendant is willing to undergo a court
3        approved counseling program for a minimum duration of
4        2 years; or
5            (B) the defendant is willing to participate in a
6        court approved plan, including, but not limited to,
7        the defendant's:
8                (i) removal from the household;
9                (ii) restricted contact with the victim;
10                (iii) continued financial support of the
11            family;
12                (iv) restitution for harm done to the victim;
13            and
14                (v) compliance with any other measures that
15            the court may deem appropriate; and
16        (2) the court orders the defendant to pay for the
17    victim's counseling services, to the extent that the court
18    finds, after considering the defendant's income and
19    assets, that the defendant is financially capable of
20    paying for such services, if the victim was under 18 years
21    of age at the time the offense was committed and requires
22    counseling as a result of the offense.
23    Probation may be revoked or modified pursuant to Section
245-6-4; except where the court determines at the hearing that
25the defendant violated a condition of his or her probation
26restricting contact with the victim or other family members or

 

 

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1commits another offense with the victim or other family
2members, the court shall revoke the defendant's probation and
3impose a term of imprisonment.
4    For the purposes of this Section, "family member" and
5"victim" shall have the meanings ascribed to them in Section
611-0.1 of the Criminal Code of 2012.
7    (f) (Blank).
8    (g) Whenever a defendant is convicted of an offense under
9Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1011-14.3, 11-14.4 except for an offense that involves keeping a
11place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the defendant shall undergo medical
15testing to determine whether the defendant has any sexually
16transmissible disease, including a test for infection with
17human immunodeficiency virus (HIV) or any other identified
18causative agent of acquired immunodeficiency syndrome (AIDS).
19Any such medical test shall be performed only by appropriately
20licensed medical practitioners and may include an analysis of
21any bodily fluids as well as an examination of the defendant's
22person. Except as otherwise provided by law, the results of
23such test shall be kept strictly confidential by all medical
24personnel involved in the testing and must be personally
25delivered in a sealed envelope to the judge of the court in
26which the conviction was entered for the judge's inspection in

 

 

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1camera. Acting in accordance with the best interests of the
2victim and the public, the judge shall have the discretion to
3determine to whom, if anyone, the results of the testing may be
4revealed. The court shall notify the defendant of the test
5results. The court shall also notify the victim if requested
6by the victim, and if the victim is under the age of 15 and if
7requested by the victim's parents or legal guardian, the court
8shall notify the victim's parents or legal guardian of the
9test results. The court shall provide information on the
10availability of HIV testing and counseling at Department of
11Public Health facilities to all parties to whom the results of
12the testing are revealed and shall direct the State's Attorney
13to provide the information to the victim when possible. The
14court shall order that the cost of any such test shall be paid
15by the county and may be taxed as costs against the convicted
16defendant.
17    (g-5) When an inmate is tested for an airborne
18communicable disease, as determined by the Illinois Department
19of Public Health, including, but not limited to, tuberculosis,
20the results of the test shall be personally delivered by the
21warden or his or her designee in a sealed envelope to the judge
22of the court in which the inmate must appear for the judge's
23inspection in camera if requested by the judge. Acting in
24accordance with the best interests of those in the courtroom,
25the judge shall have the discretion to determine what if any
26precautions need to be taken to prevent transmission of the

 

 

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1disease in the courtroom.
2    (h) Whenever a defendant is convicted of an offense under
3Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4defendant shall undergo medical testing to determine whether
5the defendant has been exposed to human immunodeficiency virus
6(HIV) or any other identified causative agent of acquired
7immunodeficiency syndrome (AIDS). Except as otherwise provided
8by law, the results of such test shall be kept strictly
9confidential by all medical personnel involved in the testing
10and must be personally delivered in a sealed envelope to the
11judge of the court in which the conviction was entered for the
12judge's inspection in camera. Acting in accordance with the
13best interests of the public, the judge shall have the
14discretion to determine to whom, if anyone, the results of the
15testing may be revealed. The court shall notify the defendant
16of a positive test showing an infection with the human
17immunodeficiency virus (HIV). The court shall provide
18information on the availability of HIV testing and counseling
19at Department of Public Health facilities to all parties to
20whom the results of the testing are revealed and shall direct
21the State's Attorney to provide the information to the victim
22when possible. The court shall order that the cost of any such
23test shall be paid by the county and may be taxed as costs
24against the convicted defendant.
25    (i) All fines and penalties imposed under this Section for
26any violation of Chapters 3, 4, 6, and 11 of the Illinois

 

 

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1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under the Criminal
5and Traffic Assessment Act.
6    (j) In cases when prosecution for any violation of Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
12Code of 2012, any violation of the Illinois Controlled
13Substances Act, any violation of the Cannabis Control Act, or
14any violation of the Methamphetamine Control and Community
15Protection Act results in conviction, a disposition of court
16supervision, or an order of probation granted under Section 10
17of the Cannabis Control Act, Section 410 of the Illinois
18Controlled Substances Act, or Section 70 of the
19Methamphetamine Control and Community Protection Act of a
20defendant, the court shall determine whether the defendant is
21employed by a facility or center as defined under the Child
22Care Act of 1969, a public or private elementary or secondary
23school, or otherwise works with children under 18 years of age
24on a daily basis. When a defendant is so employed, the court
25shall order the Clerk of the Court to send a copy of the
26judgment of conviction or order of supervision or probation to

 

 

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1the defendant's employer by certified mail. If the employer of
2the defendant is a school, the Clerk of the Court shall direct
3the mailing of a copy of the judgment of conviction or order of
4supervision or probation to the appropriate regional
5superintendent of schools. The regional superintendent of
6schools shall notify the State Board of Education of any
7notification under this subsection.
8    (j-5) A defendant at least 17 years of age who is convicted
9of a felony and who has not been previously convicted of a
10misdemeanor or felony and who is sentenced to a term of
11imprisonment in the Illinois Department of Corrections shall
12as a condition of his or her sentence be required by the court
13to attend educational courses designed to prepare the
14defendant for a high school diploma and to work toward a high
15school diploma or to work toward passing high school
16equivalency testing or to work toward completing a vocational
17training program offered by the Department of Corrections. If
18a defendant fails to complete the educational training
19required by his or her sentence during the term of
20incarceration, the Prisoner Review Board shall, as a condition
21of mandatory supervised release, require the defendant, at his
22or her own expense, to pursue a course of study toward a high
23school diploma or passage of high school equivalency testing.
24The Prisoner Review Board shall revoke the mandatory
25supervised release of a defendant who wilfully fails to comply
26with this subsection (j-5) upon his or her release from

 

 

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1confinement in a penal institution while serving a mandatory
2supervised release term; however, the inability of the
3defendant after making a good faith effort to obtain financial
4aid or pay for the educational training shall not be deemed a
5wilful failure to comply. The Prisoner Review Board shall
6recommit the defendant whose mandatory supervised release term
7has been revoked under this subsection (j-5) as provided in
8Section 3-3-9. This subsection (j-5) does not apply to a
9defendant who has a high school diploma or has successfully
10passed high school equivalency testing. This subsection (j-5)
11does not apply to a defendant who is determined by the court to
12be a person with a developmental disability or otherwise
13mentally incapable of completing the educational or vocational
14program.
15    (k) (Blank).
16    (l) (A) Except as provided in paragraph (C) of subsection
17(l), whenever a defendant, who is not a citizen or national of
18the United States, is convicted of any felony or misdemeanor
19offense, the court after sentencing the defendant may, upon
20motion of the State's Attorney, hold sentence in abeyance and
21remand the defendant to the custody of the Attorney General of
22the United States or his or her designated agent to be deported
23when:
24        (1) a final order of deportation has been issued
25    against the defendant pursuant to proceedings under the
26    Immigration and Nationality Act, and

 

 

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1        (2) the deportation of the defendant would not
2    deprecate the seriousness of the defendant's conduct and
3    would not be inconsistent with the ends of justice.
4    Otherwise, the defendant shall be sentenced as provided in
5this Chapter V.
6    (B) If the defendant has already been sentenced for a
7felony or misdemeanor offense, or has been placed on probation
8under Section 10 of the Cannabis Control Act, Section 410 of
9the Illinois Controlled Substances Act, or Section 70 of the
10Methamphetamine Control and Community Protection Act, the
11court may, upon motion of the State's Attorney to suspend the
12sentence imposed, commit the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent when:
15        (1) a final order of deportation has been issued
16    against the defendant pursuant to proceedings under the
17    Immigration and Nationality Act, and
18        (2) the deportation of the defendant would not
19    deprecate the seriousness of the defendant's conduct and
20    would not be inconsistent with the ends of justice.
21    (C) This subsection (l) does not apply to offenders who
22are subject to the provisions of paragraph (2) of subsection
23(a) of Section 3-6-3.
24    (D) Upon motion of the State's Attorney, if a defendant
25sentenced under this Section returns to the jurisdiction of
26the United States, the defendant shall be recommitted to the

 

 

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1custody of the county from which he or she was sentenced.
2Thereafter, the defendant shall be brought before the
3sentencing court, which may impose any sentence that was
4available under Section 5-5-3 at the time of initial
5sentencing. In addition, the defendant shall not be eligible
6for additional earned sentence credit as provided under
7Section 3-6-3.
8    (m) A person convicted of criminal defacement of property
9under Section 21-1.3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, in which the property damage exceeds
11$300 and the property damaged is a school building, shall be
12ordered to perform community service that may include cleanup,
13removal, or painting over the defacement.
14    (n) The court may sentence a person convicted of a
15violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17of 1961 or the Criminal Code of 2012 (i) to an impact
18incarceration program if the person is otherwise eligible for
19that program under Section 5-8-1.1, (ii) to community service,
20or (iii) if the person has a substance use disorder, as defined
21in the Substance Use Disorder Act, to a treatment program
22licensed under that Act.
23    (o) Whenever a person is convicted of a sex offense as
24defined in Section 2 of the Sex Offender Registration Act, the
25defendant's driver's license or permit shall be subject to
26renewal on an annual basis in accordance with the provisions

 

 

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1of license renewal established by the Secretary of State.
2(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
3102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
45-27-22.)
 
5    Section 99. Effective date. This Act takes effect on
6January 1, 2024.