Illinois General Assembly - Full Text of SB4154
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Full Text of SB4154  102nd General Assembly

SB4154 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4154

 

Introduced 2/9/2022, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3  from Ch. 38, par. 24-3
730 ILCS 5/5-5-3

    Amends the Criminal Code of 2012. Provides that a person who sells or gives any firearm to any person who has been convicted of a felony under the laws of Illinois or any other jurisdiction is guilty of a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 10 years and not more than 30 years (rather than a Class 3 felony). 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 the offense.


LRB102 26221 RLC 36044 b

 

 

A BILL FOR

 

SB4154LRB102 26221 RLC 36044 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 24-3 as follows:
 
6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7    Sec. 24-3. Unlawful sale or delivery of firearms.
8    (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11        (a) Sells or gives any firearm of a size which may be
12    concealed upon the person to any person under 18 years of
13    age.
14        (b) Sells or gives any firearm to a person under 21
15    years of age who has been convicted of a misdemeanor other
16    than a traffic offense or adjudged delinquent.
17        (c) Sells or gives any firearm to any narcotic addict.
18        (d) Sells or gives any firearm to any person who has
19    been convicted of a felony under the laws of this or any
20    other jurisdiction.
21        (e) Sells or gives any firearm to any person who has
22    been a patient in a mental institution within the past 5
23    years. In this subsection (e):

 

 

SB4154- 2 -LRB102 26221 RLC 36044 b

1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used
4        primarily for the care or treatment of persons with
5        mental illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm, incidental to a sale,
15    without withholding delivery of the firearm for at least
16    72 hours after application for its purchase has been made,
17    or delivers a stun gun or taser, incidental to a sale,
18    without withholding delivery of the stun gun or taser for
19    at least 24 hours after application for its purchase has
20    been made. However, this paragraph (g) does not apply to:
21    (1) the sale of a firearm to a law enforcement officer if
22    the seller of the firearm knows that the person to whom he
23    or she is selling the firearm is a law enforcement officer
24    or the sale of a firearm to a person who desires to
25    purchase a firearm for use in promoting the public
26    interest incident to his or her employment as a bank

 

 

SB4154- 3 -LRB102 26221 RLC 36044 b

1    guard, armed truck guard, or other similar employment; (2)
2    a mail order sale of a firearm from a federally licensed
3    firearms dealer to a nonresident of Illinois under which
4    the firearm is mailed to a federally licensed firearms
5    dealer outside the boundaries of Illinois; (3) (blank);
6    (4) the sale of a firearm to a dealer licensed as a federal
7    firearms dealer under Section 923 of the federal Gun
8    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
9    sale of any rifle, shotgun, or other long gun to a resident
10    registered competitor or attendee or non-resident
11    registered competitor or attendee by any dealer licensed
12    as a federal firearms dealer under Section 923 of the
13    federal Gun Control Act of 1968 at competitive shooting
14    events held at the World Shooting Complex sanctioned by a
15    national governing body. For purposes of transfers or
16    sales under subparagraph (5) of this paragraph (g), the
17    Department of Natural Resources shall give notice to the
18    Illinois State Police at least 30 calendar days prior to
19    any competitive shooting events at the World Shooting
20    Complex sanctioned by a national governing body. The
21    notification shall be made on a form prescribed by the
22    Illinois State Police. The sanctioning body shall provide
23    a list of all registered competitors and attendees at
24    least 24 hours before the events to the Illinois State
25    Police. Any changes to the list of registered competitors
26    and attendees shall be forwarded to the Illinois State

 

 

SB4154- 4 -LRB102 26221 RLC 36044 b

1    Police as soon as practicable. The Illinois State Police
2    must destroy the list of registered competitors and
3    attendees no later than 30 days after the date of the
4    event. Nothing in this paragraph (g) relieves a federally
5    licensed firearm dealer from the requirements of
6    conducting a NICS background check through the Illinois
7    Point of Contact under 18 U.S.C. 922(t). For purposes of
8    this paragraph (g), "application" means when the buyer and
9    seller reach an agreement to purchase a firearm. For
10    purposes of this paragraph (g), "national governing body"
11    means a group of persons who adopt rules and formulate
12    policy on behalf of a national firearm sporting
13    organization.
14        (h) While holding any license as a dealer, importer,
15    manufacturer or pawnbroker under the federal Gun Control
16    Act of 1968, manufactures, sells or delivers to any
17    unlicensed person a handgun having a barrel, slide, frame
18    or receiver which is a die casting of zinc alloy or any
19    other nonhomogeneous metal which will melt or deform at a
20    temperature of less than 800 degrees Fahrenheit. For
21    purposes of this paragraph, (1) "firearm" is defined as in
22    the Firearm Owners Identification Card Act; and (2)
23    "handgun" is defined as a firearm designed to be held and
24    fired by the use of a single hand, and includes a
25    combination of parts from which such a firearm can be
26    assembled.

 

 

SB4154- 5 -LRB102 26221 RLC 36044 b

1        (i) Sells or gives a firearm of any size to any person
2    under 18 years of age who does not possess a valid Firearm
3    Owner's Identification Card.
4        (j) Sells or gives a firearm while engaged in the
5    business of selling firearms at wholesale or retail
6    without being licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923). In this paragraph (j):
9        A person "engaged in the business" means a person who
10    devotes time, attention, and labor to engaging in the
11    activity as a regular course of trade or business with the
12    principal objective of livelihood and profit, but does not
13    include a person who makes occasional repairs of firearms
14    or who occasionally fits special barrels, stocks, or
15    trigger mechanisms to firearms.
16        "With the principal objective of livelihood and
17    profit" means that the intent underlying the sale or
18    disposition of firearms is predominantly one of obtaining
19    livelihood and pecuniary gain, as opposed to other
20    intents, such as improving or liquidating a personal
21    firearms collection; however, proof of profit shall not be
22    required as to a person who engages in the regular and
23    repetitive purchase and disposition of firearms for
24    criminal purposes or terrorism.
25        (k) Sells or transfers ownership of a firearm to a
26    person who does not display to the seller or transferor of

 

 

SB4154- 6 -LRB102 26221 RLC 36044 b

1    the firearm either: (1) a currently valid Firearm Owner's
2    Identification Card that has previously been issued in the
3    transferee's name by the Illinois State Police under the
4    provisions of the Firearm Owners Identification Card Act;
5    or (2) a currently valid license to carry a concealed
6    firearm that has previously been issued in the
7    transferee's name by the Illinois State Police under the
8    Firearm Concealed Carry Act. This paragraph (k) does not
9    apply to the transfer of a firearm to a person who is
10    exempt from the requirement of possessing a Firearm
11    Owner's Identification Card under Section 2 of the Firearm
12    Owners Identification Card Act. For the purposes of this
13    Section, a currently valid Firearm Owner's Identification
14    Card or license to carry a concealed firearm means receipt
15    of an approval number issued in accordance with subsection
16    (a-10) of Section subsection 3 or Section 3.1 of the
17    Firearm Owners Identification Card Act.
18            (1) In addition to the other requirements of this
19        paragraph (k), all persons who are not federally
20        licensed firearms dealers must also have complied with
21        subsection (a-10) of Section 3 of the Firearm Owners
22        Identification Card Act by determining the validity of
23        a purchaser's Firearm Owner's Identification Card.
24            (2) All sellers or transferors who have complied
25        with the requirements of subparagraph (1) of this
26        paragraph (k) shall not be liable for damages in any

 

 

SB4154- 7 -LRB102 26221 RLC 36044 b

1        civil action arising from the use or misuse by the
2        transferee of the firearm transferred, except for
3        willful or wanton misconduct on the part of the seller
4        or transferor.
5        (l) Not being entitled to the possession of a firearm,
6    delivers the firearm, knowing it to have been stolen or
7    converted. It may be inferred that a person who possesses
8    a firearm with knowledge that its serial number has been
9    removed or altered has knowledge that the firearm is
10    stolen or converted.
11    (B) Paragraph (h) of subsection (A) does not include
12firearms sold within 6 months after enactment of Public Act
1378-355 (approved August 21, 1973, effective October 1, 1973),
14nor is any firearm legally owned or possessed by any citizen or
15purchased by any citizen within 6 months after the enactment
16of Public Act 78-355 subject to confiscation or seizure under
17the provisions of that Public Act. Nothing in Public Act
1878-355 shall be construed to prohibit the gift or trade of any
19firearm if that firearm was legally held or acquired within 6
20months after the enactment of that Public Act.
21    (C) Sentence.
22        (1) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (c), (e), (f), (g),
24    or (h) of subsection (A) commits a Class 4 felony.
25        (2) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (b) or (i) of

 

 

SB4154- 8 -LRB102 26221 RLC 36044 b

1    subsection (A) commits a Class 3 felony.
2        (3) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (a) of subsection
4    (A) commits a Class 2 felony.
5        (4) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (a), (b), or (i) of
7    subsection (A) in any school, on the real property
8    comprising a school, within 1,000 feet of the real
9    property comprising a school, at a school related
10    activity, or on or within 1,000 feet of any conveyance
11    owned, leased, or contracted by a school or school
12    district to transport students to or from school or a
13    school related activity, regardless of the time of day or
14    time of year at which the offense was committed, commits a
15    Class 1 felony. Any person convicted of a second or
16    subsequent violation of unlawful sale or delivery of
17    firearms in violation of paragraph (a), (b), or (i) of
18    subsection (A) in any school, on the real property
19    comprising a school, within 1,000 feet of the real
20    property comprising a school, at a school related
21    activity, or on or within 1,000 feet of any conveyance
22    owned, leased, or contracted by a school or school
23    district to transport students to or from school or a
24    school related activity, regardless of the time of day or
25    time of year at which the offense was committed, commits a
26    Class 1 felony for which the sentence shall be a term of

 

 

SB4154- 9 -LRB102 26221 RLC 36044 b

1    imprisonment of no less than 5 years and no more than 15
2    years.
3        (5) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (a) or (i) of
5    subsection (A) in residential property owned, operated, or
6    managed by a public housing agency or leased by a public
7    housing agency as part of a scattered site or mixed-income
8    development, in a public park, in a courthouse, on
9    residential property owned, operated, or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development,
12    on the real property comprising any public park, on the
13    real property comprising any courthouse, or on any public
14    way within 1,000 feet of the real property comprising any
15    public park, courthouse, or residential property owned,
16    operated, or managed by a public housing agency or leased
17    by a public housing agency as part of a scattered site or
18    mixed-income development commits a Class 2 felony.
19        (6) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (j) of subsection
21    (A) commits a Class A misdemeanor. A second or subsequent
22    violation is a Class 4 felony.
23        (7) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (k) of subsection
25    (A) commits a Class 4 felony, except that a violation of
26    subparagraph (1) of paragraph (k) of subsection (A) shall

 

 

SB4154- 10 -LRB102 26221 RLC 36044 b

1    not be punishable as a crime or petty offense. A third or
2    subsequent conviction for a violation of paragraph (k) of
3    subsection (A) is a Class 1 felony.
4        (8) A person 18 years of age or older convicted of
5    unlawful sale or delivery of firearms in violation of
6    paragraph (a) or (i) of subsection (A), when the firearm
7    that was sold or given to another person under 18 years of
8    age was used in the commission of or attempt to commit a
9    forcible felony, shall be fined or imprisoned, or both,
10    not to exceed the maximum provided for the most serious
11    forcible felony so committed or attempted by the person
12    under 18 years of age who was sold or given the firearm.
13        (9) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (d) of subsection
15    (A) commits a Class X felony for which he or she shall be
16    sentenced to a term of imprisonment of not less than 10
17    years and not more than 30 years 3 felony.
18        (10) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (l) of subsection
20    (A) commits a Class 2 felony if the delivery is of one
21    firearm. Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (l) of subsection
23    (A) commits a Class 1 felony if the delivery is of not less
24    than 2 and not more than 5 firearms at the same time or
25    within a one-year one year period. Any person convicted of
26    unlawful sale or delivery of firearms in violation of

 

 

SB4154- 11 -LRB102 26221 RLC 36044 b

1    paragraph (l) of subsection (A) commits a Class X felony
2    for which he or she shall be sentenced to a term of
3    imprisonment of not less than 6 years and not more than 30
4    years if the delivery is of not less than 6 and not more
5    than 10 firearms at the same time or within a 2-year 2 year
6    period. Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (l) of subsection
8    (A) commits a Class X felony for which he or she shall be
9    sentenced to a term of imprisonment of not less than 6
10    years and not more than 40 years if the delivery is of not
11    less than 11 and not more than 20 firearms at the same time
12    or within a 3-year 3 year period. Any person convicted of
13    unlawful sale or delivery of firearms in violation of
14    paragraph (l) of subsection (A) commits a Class X felony
15    for which he or she shall be sentenced to a term of
16    imprisonment of not less than 6 years and not more than 50
17    years if the delivery is of not less than 21 and not more
18    than 30 firearms at the same time or within a 4-year 4 year
19    period. Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (l) of subsection
21    (A) commits a Class X felony for which he or she shall be
22    sentenced to a term of imprisonment of not less than 6
23    years and not more than 60 years if the delivery is of 31
24    or more firearms at the same time or within a 5-year 5 year
25    period.
26    (D) For purposes of this Section:

 

 

SB4154- 12 -LRB102 26221 RLC 36044 b

1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or
6in part by a school or school district.
7    (E) A prosecution for a violation of paragraph (k) of
8subsection (A) of this Section may be commenced within 6 years
9after the commission of the offense. A prosecution for a
10violation of this Section other than paragraph (g) of
11subsection (A) of this Section may be commenced within 5 years
12after the commission of the offense defined in the particular
13paragraph.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15revised 10-12-21.)
 
16    Section 10. The Unified Code of Corrections is amended by
17changing Section 5-5-3 as follows:
 
18    (730 ILCS 5/5-5-3)
19    Sec. 5-5-3. Disposition.
20    (a) (Blank).
21    (b) (Blank).
22    (c) (1) (Blank).
23    (2) A period of probation, a term of periodic imprisonment
24or conditional discharge shall not be imposed for the

 

 

SB4154- 13 -LRB102 26221 RLC 36044 b

1following offenses. The court shall sentence the offender to
2not less than the minimum term of imprisonment set forth in
3this Code for the following offenses, and may order a fine or
4restitution or both in conjunction with such term of
5imprisonment:
6        (A) First degree murder where the death penalty is not
7    imposed.
8        (B) Attempted first degree murder.
9        (C) A Class X felony.
10        (D) A violation of Section 401.1 or 407 of the
11    Illinois Controlled Substances Act, or a violation of
12    subdivision (c)(1.5) of Section 401 of that Act which
13    relates to more than 5 grams of a substance containing
14    fentanyl or an analog thereof.
15        (D-5) A violation of subdivision (c)(1) of Section 401
16    of the Illinois Controlled Substances Act which relates to
17    3 or more grams of a substance containing heroin or an
18    analog thereof.
19        (E) (Blank).
20        (F) A Class 1 or greater felony if the offender had
21    been convicted of a Class 1 or greater felony, including
22    any state or federal conviction for an offense that
23    contained, at the time it was committed, the same elements
24    as an offense now (the date of the offense committed after
25    the prior Class 1 or greater felony) classified as a Class
26    1 or greater felony, within 10 years of the date on which

 

 

SB4154- 14 -LRB102 26221 RLC 36044 b

1    the offender committed the offense for which he or she is
2    being sentenced, except as otherwise provided in Section
3    40-10 of the Substance Use Disorder Act.
4        (F-3) A Class 2 or greater felony sex offense or
5    felony firearm offense if the offender had been convicted
6    of a Class 2 or greater felony, including any state or
7    federal conviction for an offense that contained, at the
8    time it was committed, the same elements as an offense now
9    (the date of the offense committed after the prior Class 2
10    or greater felony) classified as a Class 2 or greater
11    felony, within 10 years of the date on which the offender
12    committed the offense for which he or she is being
13    sentenced, except as otherwise provided in Section 40-10
14    of the Substance Use Disorder Act.
15        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
16    or paragraph (d) of subsection (A) of Section 24-3 of the
17    Criminal Code of 1961 or the Criminal Code of 2012 for
18    which imprisonment is prescribed in those Sections.
19        (G) Residential burglary, except as otherwise provided
20    in Section 40-10 of the Substance Use Disorder Act.
21        (H) Criminal sexual assault.
22        (I) Aggravated battery of a senior citizen as
23    described in Section 12-4.6 or subdivision (a)(4) of
24    Section 12-3.05 of the Criminal Code of 1961 or the
25    Criminal Code of 2012.
26        (J) A forcible felony if the offense was related to

 

 

SB4154- 15 -LRB102 26221 RLC 36044 b

1    the activities of an organized gang.
2        Before July 1, 1994, for the purposes of this
3    paragraph, "organized gang" means an association of 5 or
4    more persons, with an established hierarchy, that
5    encourages members of the association to perpetrate crimes
6    or provides support to the members of the association who
7    do commit crimes.
8        Beginning July 1, 1994, for the purposes of this
9    paragraph, "organized gang" has the meaning ascribed to it
10    in Section 10 of the Illinois Streetgang Terrorism Omnibus
11    Prevention Act.
12        (K) Vehicular hijacking.
13        (L) A second or subsequent conviction for the offense
14    of hate crime when the underlying offense upon which the
15    hate crime is based is felony aggravated assault or felony
16    mob action.
17        (M) A second or subsequent conviction for the offense
18    of institutional vandalism if the damage to the property
19    exceeds $300.
20        (N) A Class 3 felony violation of paragraph (1) of
21    subsection (a) of Section 2 of the Firearm Owners
22    Identification Card Act.
23        (O) A violation of Section 12-6.1 or 12-6.5 of the
24    Criminal Code of 1961 or the Criminal Code of 2012.
25        (P) A violation of paragraph (1), (2), (3), (4), (5),
26    or (7) of subsection (a) of Section 11-20.1 of the

 

 

SB4154- 16 -LRB102 26221 RLC 36044 b

1    Criminal Code of 1961 or the Criminal Code of 2012.
2        (P-5) A violation of paragraph (6) of subsection (a)
3    of Section 11-20.1 of the Criminal Code of 1961 or the
4    Criminal Code of 2012 if the victim is a household or
5    family member of the defendant.
6        (Q) A violation of subsection (b) or (b-5) of Section
7    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (R) A violation of Section 24-3A of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (S) (Blank).
12        (T) (Blank).
13        (U) A second or subsequent violation of Section 6-303
14    of the Illinois Vehicle Code committed while his or her
15    driver's license, permit, or privilege was revoked because
16    of a violation of Section 9-3 of the Criminal Code of 1961
17    or the Criminal Code of 2012, relating to the offense of
18    reckless homicide, or a similar provision of a law of
19    another state.
20        (V) A violation of paragraph (4) of subsection (c) of
21    Section 11-20.1B or paragraph (4) of subsection (c) of
22    Section 11-20.3 of the Criminal Code of 1961, or paragraph
23    (6) of subsection (a) of Section 11-20.1 of the Criminal
24    Code of 2012 when the victim is under 13 years of age and
25    the defendant has previously been convicted under the laws
26    of this State or any other state of the offense of child

 

 

SB4154- 17 -LRB102 26221 RLC 36044 b

1    pornography, aggravated child pornography, aggravated
2    criminal sexual abuse, aggravated criminal sexual assault,
3    predatory criminal sexual assault of a child, or any of
4    the offenses formerly known as rape, deviate sexual
5    assault, indecent liberties with a child, or aggravated
6    indecent liberties with a child where the victim was under
7    the age of 18 years or an offense that is substantially
8    equivalent to those offenses.
9        (W) A violation of Section 24-3.5 of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (X) A violation of subsection (a) of Section 31-1a of
12    the Criminal Code of 1961 or the Criminal Code of 2012.
13        (Y) A conviction for unlawful possession of a firearm
14    by a street gang member when the firearm was loaded or
15    contained firearm ammunition.
16        (Z) A Class 1 felony committed while he or she was
17    serving a term of probation or conditional discharge for a
18    felony.
19        (AA) Theft of property exceeding $500,000 and not
20    exceeding $1,000,000 in value.
21        (BB) Laundering of criminally derived property of a
22    value exceeding $500,000.
23        (CC) Knowingly selling, offering for sale, holding for
24    sale, or using 2,000 or more counterfeit items or
25    counterfeit items having a retail value in the aggregate
26    of $500,000 or more.

 

 

SB4154- 18 -LRB102 26221 RLC 36044 b

1        (DD) A conviction for aggravated assault under
2    paragraph (6) of subsection (c) of Section 12-2 of the
3    Criminal Code of 1961 or the Criminal Code of 2012 if the
4    firearm is aimed toward the person against whom the
5    firearm is being used.
6        (EE) A conviction for a violation of paragraph (2) of
7    subsection (a) of Section 24-3B of the Criminal Code of
8    2012.
9    (3) (Blank).
10    (4) A minimum term of imprisonment of not less than 10
11consecutive days or 30 days of community service shall be
12imposed for a violation of paragraph (c) of Section 6-303 of
13the Illinois Vehicle Code.
14    (4.1) (Blank).
15    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
16this subsection (c), a minimum of 100 hours of community
17service shall be imposed for a second violation of Section
186-303 of the Illinois Vehicle Code.
19    (4.3) A minimum term of imprisonment of 30 days or 300
20hours of community service, as determined by the court, shall
21be imposed for a second violation of subsection (c) of Section
226-303 of the Illinois Vehicle Code.
23    (4.4) Except as provided in paragraphs (4.5), (4.6), and
24(4.9) of this subsection (c), a minimum term of imprisonment
25of 30 days or 300 hours of community service, as determined by
26the court, shall be imposed for a third or subsequent

 

 

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1violation of Section 6-303 of the Illinois Vehicle Code. The
2court may give credit toward the fulfillment of community
3service hours for participation in activities and treatment as
4determined by court services.
5    (4.5) A minimum term of imprisonment of 30 days shall be
6imposed for a third violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8    (4.6) Except as provided in paragraph (4.10) of this
9subsection (c), a minimum term of imprisonment of 180 days
10shall be imposed for a fourth or subsequent violation of
11subsection (c) of Section 6-303 of the Illinois Vehicle Code.
12    (4.7) A minimum term of imprisonment of not less than 30
13consecutive days, or 300 hours of community service, shall be
14imposed for a violation of subsection (a-5) of Section 6-303
15of the Illinois Vehicle Code, as provided in subsection (b-5)
16of that Section.
17    (4.8) A mandatory prison sentence shall be imposed for a
18second violation of subsection (a-5) of Section 6-303 of the
19Illinois Vehicle Code, as provided in subsection (c-5) of that
20Section. The person's driving privileges shall be revoked for
21a period of not less than 5 years from the date of his or her
22release from prison.
23    (4.9) A mandatory prison sentence of not less than 4 and
24not more than 15 years shall be imposed for a third violation
25of subsection (a-5) of Section 6-303 of the Illinois Vehicle
26Code, as provided in subsection (d-2.5) of that Section. The

 

 

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1person's driving privileges shall be revoked for the remainder
2of his or her life.
3    (4.10) A mandatory prison sentence for a Class 1 felony
4shall be imposed, and the person shall be eligible for an
5extended term sentence, for a fourth or subsequent violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-3.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10    (5) The court may sentence a corporation or unincorporated
11association convicted of any offense to:
12        (A) a period of conditional discharge;
13        (B) a fine;
14        (C) make restitution to the victim under Section 5-5-6
15    of this Code.
16    (5.1) In addition to any other penalties imposed, and
17except as provided in paragraph (5.2) or (5.3), a person
18convicted of violating subsection (c) of Section 11-907 of the
19Illinois Vehicle Code shall have his or her driver's license,
20permit, or privileges suspended for at least 90 days but not
21more than one year, if the violation resulted in damage to the
22property of another person.
23    (5.2) In addition to any other penalties imposed, and
24except as provided in paragraph (5.3), a person convicted of
25violating subsection (c) of Section 11-907 of the Illinois
26Vehicle Code shall have his or her driver's license, permit,

 

 

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1or privileges suspended for at least 180 days but not more than
22 years, if the violation resulted in injury to another
3person.
4    (5.3) In addition to any other penalties imposed, a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for 2 years, if the violation
8resulted in the death of another person.
9    (5.4) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code shall have his or her driver's license, permit, or
12privileges suspended for 3 months and until he or she has paid
13a reinstatement fee of $100.
14    (5.5) In addition to any other penalties imposed, a person
15convicted of violating Section 3-707 of the Illinois Vehicle
16Code during a period in which his or her driver's license,
17permit, or privileges were suspended for a previous violation
18of that Section shall have his or her driver's license,
19permit, or privileges suspended for an additional 6 months
20after the expiration of the original 3-month suspension and
21until he or she has paid a reinstatement fee of $100.
22    (6) (Blank).
23    (7) (Blank).
24    (8) (Blank).
25    (9) A defendant convicted of a second or subsequent
26offense of ritualized abuse of a child may be sentenced to a

 

 

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1term of natural life imprisonment.
2    (10) (Blank).
3    (11) The court shall impose a minimum fine of $1,000 for a
4first offense and $2,000 for a second or subsequent offense
5upon a person convicted of or placed on supervision for
6battery when the individual harmed was a sports official or
7coach at any level of competition and the act causing harm to
8the sports official or coach occurred within an athletic
9facility or within the immediate vicinity of the athletic
10facility at which the sports official or coach was an active
11participant of the athletic contest held at the athletic
12facility. For the purposes of this paragraph (11), "sports
13official" means a person at an athletic contest who enforces
14the rules of the contest, such as an umpire or referee;
15"athletic facility" means an indoor or outdoor playing field
16or recreational area where sports activities are conducted;
17and "coach" means a person recognized as a coach by the
18sanctioning authority that conducted the sporting event.
19    (12) A person may not receive a disposition of court
20supervision for a violation of Section 5-16 of the Boat
21Registration and Safety Act if that person has previously
22received a disposition of court supervision for a violation of
23that Section.
24    (13) A person convicted of or placed on court supervision
25for an assault or aggravated assault when the victim and the
26offender are family or household members as defined in Section

 

 

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1103 of the Illinois Domestic Violence Act of 1986 or convicted
2of domestic battery or aggravated domestic battery may be
3required to attend a Partner Abuse Intervention Program under
4protocols set forth by the Illinois Department of Human
5Services under such terms and conditions imposed by the court.
6The costs of such classes shall be paid by the offender.
7    (d) In any case in which a sentence originally imposed is
8vacated, the case shall be remanded to the trial court. The
9trial court shall hold a hearing under Section 5-4-1 of this
10Code which may include evidence of the defendant's life, moral
11character and occupation during the time since the original
12sentence was passed. The trial court shall then impose
13sentence upon the defendant. The trial court may impose any
14sentence which could have been imposed at the original trial
15subject to Section 5-5-4 of this Code. If a sentence is vacated
16on appeal or on collateral attack due to the failure of the
17trier of fact at trial to determine beyond a reasonable doubt
18the existence of a fact (other than a prior conviction)
19necessary to increase the punishment for the offense beyond
20the statutory maximum otherwise applicable, either the
21defendant may be re-sentenced to a term within the range
22otherwise provided or, if the State files notice of its
23intention to again seek the extended sentence, the defendant
24shall be afforded a new trial.
25    (e) In cases where prosecution for aggravated criminal
26sexual abuse under Section 11-1.60 or 12-16 of the Criminal

 

 

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1Code of 1961 or the Criminal Code of 2012 results in conviction
2of a defendant who was a family member of the victim at the
3time of the commission of the offense, the court shall
4consider the safety and welfare of the victim and may impose a
5sentence of probation only where:
6        (1) the court finds (A) or (B) or both are
7    appropriate:
8            (A) the defendant is willing to undergo a court
9        approved counseling program for a minimum duration of
10        2 years; or
11            (B) the defendant is willing to participate in a
12        court approved plan, including, but not limited to,
13        the defendant's:
14                (i) removal from the household;
15                (ii) restricted contact with the victim;
16                (iii) continued financial support of the
17            family;
18                (iv) restitution for harm done to the victim;
19            and
20                (v) compliance with any other measures that
21            the court may deem appropriate; and
22        (2) the court orders the defendant to pay for the
23    victim's counseling services, to the extent that the court
24    finds, after considering the defendant's income and
25    assets, that the defendant is financially capable of
26    paying for such services, if the victim was under 18 years

 

 

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1    of age at the time the offense was committed and requires
2    counseling as a result of the offense.
3    Probation may be revoked or modified pursuant to Section
45-6-4; except where the court determines at the hearing that
5the defendant violated a condition of his or her probation
6restricting contact with the victim or other family members or
7commits another offense with the victim or other family
8members, the court shall revoke the defendant's probation and
9impose a term of imprisonment.
10    For the purposes of this Section, "family member" and
11"victim" shall have the meanings ascribed to them in Section
1211-0.1 of the Criminal Code of 2012.
13    (f) (Blank).
14    (g) Whenever a defendant is convicted of an offense under
15Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1611-14.3, 11-14.4 except for an offense that involves keeping a
17place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1912-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
20Criminal Code of 2012, the defendant shall undergo medical
21testing to determine whether the defendant has any sexually
22transmissible disease, including a test for infection with
23human immunodeficiency virus (HIV) or any other identified
24causative agent of acquired immunodeficiency syndrome (AIDS).
25Any such medical test shall be performed only by appropriately
26licensed medical practitioners and may include an analysis of

 

 

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

 

 

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1warden or his or her designee in a sealed envelope to the judge
2of the court in which the inmate must appear for the judge's
3inspection in camera if requested by the judge. Acting in
4accordance with the best interests of those in the courtroom,
5the judge shall have the discretion to determine what if any
6precautions need to be taken to prevent transmission of the
7disease in the courtroom.
8    (h) Whenever a defendant is convicted of an offense under
9Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
10defendant shall undergo medical testing to determine whether
11the defendant has been exposed to human immunodeficiency virus
12(HIV) or any other identified causative agent of acquired
13immunodeficiency syndrome (AIDS). Except as otherwise provided
14by law, the results of such test shall be kept strictly
15confidential by all medical personnel involved in the testing
16and must be personally delivered in a sealed envelope to the
17judge of the court in which the conviction was entered for the
18judge's inspection in camera. Acting in accordance with the
19best interests of the public, the judge shall have the
20discretion to determine to whom, if anyone, the results of the
21testing may be revealed. The court shall notify the defendant
22of a positive test showing an infection with the human
23immunodeficiency virus (HIV). The court shall provide
24information on the availability of HIV testing and counseling
25at Department of Public Health facilities to all parties to
26whom the results of the testing are revealed and shall direct

 

 

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1the State's Attorney to provide the information to the victim
2when possible. The court shall order that the cost of any such
3test shall be paid by the county and may be taxed as costs
4against the convicted defendant.
5    (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under the Criminal
11and Traffic Assessment Act.
12    (j) In cases when prosecution for any violation of Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18Code of 2012, any violation of the Illinois Controlled
19Substances Act, any violation of the Cannabis Control Act, or
20any violation of the Methamphetamine Control and Community
21Protection Act results in conviction, a disposition of court
22supervision, or an order of probation granted under Section 10
23of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, or Section 70 of the
25Methamphetamine Control and Community Protection Act of a
26defendant, the court shall determine whether the defendant is

 

 

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1employed by a facility or center as defined under the Child
2Care Act of 1969, a public or private elementary or secondary
3school, or otherwise works with children under 18 years of age
4on a daily basis. When a defendant is so employed, the court
5shall order the Clerk of the Court to send a copy of the
6judgment of conviction or order of supervision or probation to
7the defendant's employer by certified mail. If the employer of
8the defendant is a school, the Clerk of the Court shall direct
9the mailing of a copy of the judgment of conviction or order of
10supervision or probation to the appropriate regional
11superintendent of schools. The regional superintendent of
12schools shall notify the State Board of Education of any
13notification under this subsection.
14    (j-5) A defendant at least 17 years of age who is convicted
15of a felony and who has not been previously convicted of a
16misdemeanor or felony and who is sentenced to a term of
17imprisonment in the Illinois Department of Corrections shall
18as a condition of his or her sentence be required by the court
19to attend educational courses designed to prepare the
20defendant for a high school diploma and to work toward a high
21school diploma or to work toward passing high school
22equivalency testing or to work toward completing a vocational
23training program offered by the Department of Corrections. If
24a defendant fails to complete the educational training
25required by his or her sentence during the term of
26incarceration, the Prisoner Review Board shall, as a condition

 

 

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1of mandatory supervised release, require the defendant, at his
2or her own expense, to pursue a course of study toward a high
3school diploma or passage of high school equivalency testing.
4The Prisoner Review Board shall revoke the mandatory
5supervised release of a defendant who wilfully fails to comply
6with this subsection (j-5) upon his or her release from
7confinement in a penal institution while serving a mandatory
8supervised release term; however, the inability of the
9defendant after making a good faith effort to obtain financial
10aid or pay for the educational training shall not be deemed a
11wilful failure to comply. The Prisoner Review Board shall
12recommit the defendant whose mandatory supervised release term
13has been revoked under this subsection (j-5) as provided in
14Section 3-3-9. This subsection (j-5) does not apply to a
15defendant who has a high school diploma or has successfully
16passed high school equivalency testing. This subsection (j-5)
17does not apply to a defendant who is determined by the court to
18be a person with a developmental disability or otherwise
19mentally incapable of completing the educational or vocational
20program.
21    (k) (Blank).
22    (l) (A) Except as provided in paragraph (C) of subsection
23(l), whenever a defendant, who is an alien as defined by the
24Immigration and Nationality Act, is convicted of any felony or
25misdemeanor offense, the court after sentencing the defendant
26may, upon motion of the State's Attorney, hold sentence in

 

 

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

 

 

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1    (C) This subsection (l) does not apply to offenders who
2are subject to the provisions of paragraph (2) of subsection
3(a) of Section 3-6-3.
4    (D) Upon motion of the State's Attorney, if a defendant
5sentenced under this Section returns to the jurisdiction of
6the United States, the defendant shall be recommitted to the
7custody of the county from which he or she was sentenced.
8Thereafter, the defendant shall be brought before the
9sentencing court, which may impose any sentence that was
10available under Section 5-5-3 at the time of initial
11sentencing. In addition, the defendant shall not be eligible
12for additional earned sentence credit as provided under
13Section 3-6-3.
14    (m) A person convicted of criminal defacement of property
15under Section 21-1.3 of the Criminal Code of 1961 or the
16Criminal Code of 2012, in which the property damage exceeds
17$300 and the property damaged is a school building, shall be
18ordered to perform community service that may include cleanup,
19removal, or painting over the defacement.
20    (n) The court may sentence a person convicted of a
21violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
22subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
23of 1961 or the Criminal Code of 2012 (i) to an impact
24incarceration program if the person is otherwise eligible for
25that program under Section 5-8-1.1, (ii) to community service,
26or (iii) if the person has a substance use disorder, as defined

 

 

SB4154- 33 -LRB102 26221 RLC 36044 b

1in the Substance Use Disorder Act, to a treatment program
2licensed under that Act.
3    (o) Whenever a person is convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act, the
5defendant's driver's license or permit shall be subject to
6renewal on an annual basis in accordance with the provisions
7of license renewal established by the Secretary of State.
8(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
9102-531, eff. 1-1-22; revised 10-12-21.)