Illinois General Assembly - Full Text of HB0353
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Full Text of HB0353  99th General Assembly

HB0353 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0353

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Creates 2 separate offenses of unlawful use or possession of weapons by felons and unlawful use or possession of weapons by persons in the custody of the Department of Corrections facilities. Establishes penalties. Changes the penalties for aggravated unlawful use of a weapon. Provides that a sentence of county impact incarceration is not authorized for aggravated unlawful use of a weapon or for unlawful possession of a firearm by a street gang member. Provides that unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person shall (rather than may) be sentenced to 4 (rather than 3) years and no more than 10 years. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for certain unlawful use or possession of weapons by felons violations shall receive no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment; and that a prisoner serving a sentence for unlawful possession of a firearm by a street gang member; certain violations of unlawful use or possession of weapons by felons; or a Class 2 or greater felony for aggravated unlawful use of a weapon shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Permits the issuance of sentence credits, at the Department of Corrections discretion, for persons convicted of unlawful use or possession of weapons by felons under certain circumstances. Amends various other Acts to make conforming changes.


LRB099 06157 RLC 27269 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0353LRB099 06157 RLC 27269 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 Health Care Worker Background Check Act is
5amended by changing Section 25 as follows:
 
6    (225 ILCS 46/25)
7    Sec. 25. Persons ineligible to be hired by health care
8employers and long-term care facilities.
9    (a) In the discretion of the Director of Public Health, as
10soon after January 1, 1996, January 1, 1997, January 1, 2006,
11or October 1, 2007, as applicable, and as is reasonably
12practical, no health care employer shall knowingly hire,
13employ, or retain any individual in a position with duties
14involving direct care for clients, patients, or residents, and
15no long-term care facility shall knowingly hire, employ, or
16retain any individual in a position with duties that involve or
17may involve contact with residents or access to the living
18quarters or the financial, medical, or personal records of
19residents, who has been convicted of committing or attempting
20to commit one or more of the following offenses: those defined
21in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
229-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
2310-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,

 

 

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111-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
212-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
312-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
412-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
512-33, 12C-5, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1,
618-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
724-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of
8Section 11-14.4, or in subsection (a) of Section 12-3 or
9subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
10of 1961 or the Criminal Code of 2012; those provided in Section
114 of the Wrongs to Children Act; those provided in Section 53
12of the Criminal Jurisprudence Act; those defined in Section 5,
135.1, 5.2, 7, or 9 of the Cannabis Control Act; those defined in
14the Methamphetamine Control and Community Protection Act; or
15those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or
16407.1 of the Illinois Controlled Substances Act, unless the
17applicant or employee obtains a waiver pursuant to Section 40.
18    (a-1) In the discretion of the Director of Public Health,
19as soon after January 1, 2004 or October 1, 2007, as
20applicable, and as is reasonably practical, no health care
21employer shall knowingly hire any individual in a position with
22duties involving direct care for clients, patients, or
23residents, and no long-term care facility shall knowingly hire
24any individual in a position with duties that involve or may
25involve contact with residents or access to the living quarters
26or the financial, medical, or personal records of residents,

 

 

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1who has (i) been convicted of committing or attempting to
2commit one or more of the offenses defined in Section 12-3.3,
312-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
417-44, 18-5, 20-1.2, 24-1.1, 24-1.1-5, 24-1.2-5, 24-1.6,
524-3.2, or 24-3.3, or subsection (b) of Section 17-32,
6subsection (b) of Section 18-1, or subsection (b) of Section
720-1, of the Criminal Code of 1961 or the Criminal Code of
82012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
9and Debit Card Act; or Section 11-9.1A of the Criminal Code of
101961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
11to Children Act; or (ii) violated Section 50-50 of the Nurse
12Practice Act, unless the applicant or employee obtains a waiver
13pursuant to Section 40 of this Act.
14    A health care employer is not required to retain an
15individual in a position with duties involving direct care for
16clients, patients, or residents, and no long-term care facility
17is required to retain an individual in a position with duties
18that involve or may involve contact with residents or access to
19the living quarters or the financial, medical, or personal
20records of residents, who has been convicted of committing or
21attempting to commit one or more of the offenses enumerated in
22this subsection.
23    (b) A health care employer shall not hire, employ, or
24retain any individual in a position with duties involving
25direct care of clients, patients, or residents, and no
26long-term care facility shall knowingly hire, employ, or retain

 

 

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1any individual in a position with duties that involve or may
2involve contact with residents or access to the living quarters
3or the financial, medical, or personal records of residents, if
4the health care employer becomes aware that the individual has
5been convicted in another state of committing or attempting to
6commit an offense that has the same or similar elements as an
7offense listed in subsection (a) or (a-1), as verified by court
8records, records from a state agency, or an FBI criminal
9history record check, unless the applicant or employee obtains
10a waiver pursuant to Section 40 of this Act. This shall not be
11construed to mean that a health care employer has an obligation
12to conduct a criminal history records check in other states in
13which an employee has resided.
14(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
15930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11;
1696-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff.
171-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
18eff. 1-25-13.)
 
19    Section 10. The Illinois Vehicle Code is amended by
20changing Sections 6-106.1 and 6-508 as follows:
 
21    (625 ILCS 5/6-106.1)
22    Sec. 6-106.1. School bus driver permit.
23    (a) The Secretary of State shall issue a school bus driver
24permit to those applicants who have met all the requirements of

 

 

HB0353- 5 -LRB099 06157 RLC 27269 b

1the application and screening process under this Section to
2insure the welfare and safety of children who are transported
3on school buses throughout the State of Illinois. Applicants
4shall obtain the proper application required by the Secretary
5of State from their prospective or current employer and submit
6the completed application to the prospective or current
7employer along with the necessary fingerprint submission as
8required by the Department of State Police to conduct
9fingerprint based criminal background checks on current and
10future information available in the state system and current
11information available through the Federal Bureau of
12Investigation's system. Applicants who have completed the
13fingerprinting requirements shall not be subjected to the
14fingerprinting process when applying for subsequent permits or
15submitting proof of successful completion of the annual
16refresher course. Individuals who on the effective date of this
17Act possess a valid school bus driver permit that has been
18previously issued by the appropriate Regional School
19Superintendent are not subject to the fingerprinting
20provisions of this Section as long as the permit remains valid
21and does not lapse. The applicant shall be required to pay all
22related application and fingerprinting fees as established by
23rule including, but not limited to, the amounts established by
24the Department of State Police and the Federal Bureau of
25Investigation to process fingerprint based criminal background
26investigations. All fees paid for fingerprint processing

 

 

HB0353- 6 -LRB099 06157 RLC 27269 b

1services under this Section shall be deposited into the State
2Police Services Fund for the cost incurred in processing the
3fingerprint based criminal background investigations. All
4other fees paid under this Section shall be deposited into the
5Road Fund for the purpose of defraying the costs of the
6Secretary of State in administering this Section. All
7applicants must:
8        1. be 21 years of age or older;
9        2. possess a valid and properly classified driver's
10    license issued by the Secretary of State;
11        3. possess a valid driver's license, which has not been
12    revoked, suspended, or canceled for 3 years immediately
13    prior to the date of application, or have not had his or
14    her commercial motor vehicle driving privileges
15    disqualified within the 3 years immediately prior to the
16    date of application;
17        4. successfully pass a written test, administered by
18    the Secretary of State, on school bus operation, school bus
19    safety, and special traffic laws relating to school buses
20    and submit to a review of the applicant's driving habits by
21    the Secretary of State at the time the written test is
22    given;
23        5. demonstrate ability to exercise reasonable care in
24    the operation of school buses in accordance with rules
25    promulgated by the Secretary of State;
26        6. demonstrate physical fitness to operate school

 

 

HB0353- 7 -LRB099 06157 RLC 27269 b

1    buses by submitting the results of a medical examination,
2    including tests for drug use for each applicant not subject
3    to such testing pursuant to federal law, conducted by a
4    licensed physician, an advanced practice nurse who has a
5    written collaborative agreement with a collaborating
6    physician which authorizes him or her to perform medical
7    examinations, or a physician assistant who has been
8    delegated the performance of medical examinations by his or
9    her supervising physician within 90 days of the date of
10    application according to standards promulgated by the
11    Secretary of State;
12        7. affirm under penalties of perjury that he or she has
13    not made a false statement or knowingly concealed a
14    material fact in any application for permit;
15        8. have completed an initial classroom course,
16    including first aid procedures, in school bus driver safety
17    as promulgated by the Secretary of State; and after
18    satisfactory completion of said initial course an annual
19    refresher course; such courses and the agency or
20    organization conducting such courses shall be approved by
21    the Secretary of State; failure to complete the annual
22    refresher course, shall result in cancellation of the
23    permit until such course is completed;
24        9. not have been under an order of court supervision
25    for or convicted of 2 or more serious traffic offenses, as
26    defined by rule, within one year prior to the date of

 

 

HB0353- 8 -LRB099 06157 RLC 27269 b

1    application that may endanger the life or safety of any of
2    the driver's passengers within the duration of the permit
3    period;
4        10. not have been under an order of court supervision
5    for or convicted of reckless driving, aggravated reckless
6    driving, driving while under the influence of alcohol,
7    other drug or drugs, intoxicating compound or compounds or
8    any combination thereof, or reckless homicide resulting
9    from the operation of a motor vehicle within 3 years of the
10    date of application;
11        11. not have been convicted of committing or attempting
12    to commit any one or more of the following offenses: (i)
13    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
14    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
15    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
16    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
17    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
18    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
19    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
20    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
21    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
22    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
23    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
24    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
25    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
26    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,

 

 

HB0353- 9 -LRB099 06157 RLC 27269 b

1    20-1.3, 20-2, 24-1, 24-1.1, 24-1.1-5, 24-1.2, 24-1.2-5,
2    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9,
3    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
4    Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1),
5    (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section
6    12-3.05, and in subsection (a) and subsection (b), clause
7    (1), of Section 12-4, and in subsection (A), clauses (a)
8    and (b), of Section 24-3, and those offenses contained in
9    Article 29D of the Criminal Code of 1961 or the Criminal
10    Code of 2012; (ii) those offenses defined in the Cannabis
11    Control Act except those offenses defined in subsections
12    (a) and (b) of Section 4, and subsection (a) of Section 5
13    of the Cannabis Control Act; (iii) those offenses defined
14    in the Illinois Controlled Substances Act; (iv) those
15    offenses defined in the Methamphetamine Control and
16    Community Protection Act; (v) any offense committed or
17    attempted in any other state or against the laws of the
18    United States, which if committed or attempted in this
19    State would be punishable as one or more of the foregoing
20    offenses; (vi) the offenses defined in Section 4.1 and 5.1
21    of the Wrongs to Children Act or Section 11-9.1A of the
22    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
23    those offenses defined in Section 6-16 of the Liquor
24    Control Act of 1934; and (viii) those offenses defined in
25    the Methamphetamine Precursor Control Act;
26        12. not have been repeatedly involved as a driver in

 

 

HB0353- 10 -LRB099 06157 RLC 27269 b

1    motor vehicle collisions or been repeatedly convicted of
2    offenses against laws and ordinances regulating the
3    movement of traffic, to a degree which indicates lack of
4    ability to exercise ordinary and reasonable care in the
5    safe operation of a motor vehicle or disrespect for the
6    traffic laws and the safety of other persons upon the
7    highway;
8        13. not have, through the unlawful operation of a motor
9    vehicle, caused an accident resulting in the death of any
10    person;
11        14. not have, within the last 5 years, been adjudged to
12    be afflicted with or suffering from any mental disability
13    or disease; and
14        15. consent, in writing, to the release of results of
15    reasonable suspicion drug and alcohol testing under
16    Section 6-106.1c of this Code by the employer of the
17    applicant to the Secretary of State.
18    (b) A school bus driver permit shall be valid for a period
19specified by the Secretary of State as set forth by rule. It
20shall be renewable upon compliance with subsection (a) of this
21Section.
22    (c) A school bus driver permit shall contain the holder's
23driver's license number, legal name, residence address, zip
24code, and date of birth, a brief description of the holder and
25a space for signature. The Secretary of State may require a
26suitable photograph of the holder.

 

 

HB0353- 11 -LRB099 06157 RLC 27269 b

1    (d) The employer shall be responsible for conducting a
2pre-employment interview with prospective school bus driver
3candidates, distributing school bus driver applications and
4medical forms to be completed by the applicant, and submitting
5the applicant's fingerprint cards to the Department of State
6Police that are required for the criminal background
7investigations. The employer shall certify in writing to the
8Secretary of State that all pre-employment conditions have been
9successfully completed including the successful completion of
10an Illinois specific criminal background investigation through
11the Department of State Police and the submission of necessary
12fingerprints to the Federal Bureau of Investigation for
13criminal history information available through the Federal
14Bureau of Investigation system. The applicant shall present the
15certification to the Secretary of State at the time of
16submitting the school bus driver permit application.
17    (e) Permits shall initially be provisional upon receiving
18certification from the employer that all pre-employment
19conditions have been successfully completed, and upon
20successful completion of all training and examination
21requirements for the classification of the vehicle to be
22operated, the Secretary of State shall provisionally issue a
23School Bus Driver Permit. The permit shall remain in a
24provisional status pending the completion of the Federal Bureau
25of Investigation's criminal background investigation based
26upon fingerprinting specimens submitted to the Federal Bureau

 

 

HB0353- 12 -LRB099 06157 RLC 27269 b

1of Investigation by the Department of State Police. The Federal
2Bureau of Investigation shall report the findings directly to
3the Secretary of State. The Secretary of State shall remove the
4bus driver permit from provisional status upon the applicant's
5successful completion of the Federal Bureau of Investigation's
6criminal background investigation.
7    (f) A school bus driver permit holder shall notify the
8employer and the Secretary of State if he or she is issued an
9order of court supervision for or convicted in another state of
10an offense that would make him or her ineligible for a permit
11under subsection (a) of this Section. The written notification
12shall be made within 5 days of the entry of the order of court
13supervision or conviction. Failure of the permit holder to
14provide the notification is punishable as a petty offense for a
15first violation and a Class B misdemeanor for a second or
16subsequent violation.
17    (g) Cancellation; suspension; notice and procedure.
18        (1) The Secretary of State shall cancel a school bus
19    driver permit of an applicant whose criminal background
20    investigation discloses that he or she is not in compliance
21    with the provisions of subsection (a) of this Section.
22        (2) The Secretary of State shall cancel a school bus
23    driver permit when he or she receives notice that the
24    permit holder fails to comply with any provision of this
25    Section or any rule promulgated for the administration of
26    this Section.

 

 

HB0353- 13 -LRB099 06157 RLC 27269 b

1        (3) The Secretary of State shall cancel a school bus
2    driver permit if the permit holder's restricted commercial
3    or commercial driving privileges are withdrawn or
4    otherwise invalidated.
5        (4) The Secretary of State may not issue a school bus
6    driver permit for a period of 3 years to an applicant who
7    fails to obtain a negative result on a drug test as
8    required in item 6 of subsection (a) of this Section or
9    under federal law.
10        (5) The Secretary of State shall forthwith suspend a
11    school bus driver permit for a period of 3 years upon
12    receiving notice that the holder has failed to obtain a
13    negative result on a drug test as required in item 6 of
14    subsection (a) of this Section or under federal law.
15        (6) The Secretary of State shall suspend a school bus
16    driver permit for a period of 3 years upon receiving notice
17    from the employer that the holder failed to perform the
18    inspection procedure set forth in subsection (a) or (b) of
19    Section 12-816 of this Code.
20        (7) The Secretary of State shall suspend a school bus
21    driver permit for a period of 3 years upon receiving notice
22    from the employer that the holder refused to submit to an
23    alcohol or drug test as required by Section 6-106.1c or has
24    submitted to a test required by that Section which
25    disclosed an alcohol concentration of more than 0.00 or
26    disclosed a positive result on a National Institute on Drug

 

 

HB0353- 14 -LRB099 06157 RLC 27269 b

1    Abuse five-drug panel, utilizing federal standards set
2    forth in 49 CFR 40.87.
3    The Secretary of State shall notify the State
4Superintendent of Education and the permit holder's
5prospective or current employer that the applicant has (1) has
6failed a criminal background investigation or (2) is no longer
7eligible for a school bus driver permit; and of the related
8cancellation of the applicant's provisional school bus driver
9permit. The cancellation shall remain in effect pending the
10outcome of a hearing pursuant to Section 2-118 of this Code.
11The scope of the hearing shall be limited to the issuance
12criteria contained in subsection (a) of this Section. A
13petition requesting a hearing shall be submitted to the
14Secretary of State and shall contain the reason the individual
15feels he or she is entitled to a school bus driver permit. The
16permit holder's employer shall notify in writing to the
17Secretary of State that the employer has certified the removal
18of the offending school bus driver from service prior to the
19start of that school bus driver's next workshift. An employing
20school board that fails to remove the offending school bus
21driver from service is subject to the penalties defined in
22Section 3-14.23 of the School Code. A school bus contractor who
23violates a provision of this Section is subject to the
24penalties defined in Section 6-106.11.
25    All valid school bus driver permits issued under this
26Section prior to January 1, 1995, shall remain effective until

 

 

HB0353- 15 -LRB099 06157 RLC 27269 b

1their expiration date unless otherwise invalidated.
2    (h) When a school bus driver permit holder who is a service
3member is called to active duty, the employer of the permit
4holder shall notify the Secretary of State, within 30 days of
5notification from the permit holder, that the permit holder has
6been called to active duty. Upon notification pursuant to this
7subsection, (i) the Secretary of State shall characterize the
8permit as inactive until a permit holder renews the permit as
9provided in subsection (i) of this Section, and (ii) if a
10permit holder fails to comply with the requirements of this
11Section while called to active duty, the Secretary of State
12shall not characterize the permit as invalid.
13    (i) A school bus driver permit holder who is a service
14member returning from active duty must, within 90 days, renew a
15permit characterized as inactive pursuant to subsection (h) of
16this Section by complying with the renewal requirements of
17subsection (b) of this Section.
18    (j) For purposes of subsections (h) and (i) of this
19Section:
20    "Active duty" means active duty pursuant to an executive
21order of the President of the United States, an act of the
22Congress of the United States, or an order of the Governor.
23    "Service member" means a member of the Armed Services or
24reserve forces of the United States or a member of the Illinois
25National Guard.
26(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;

 

 

HB0353- 16 -LRB099 06157 RLC 27269 b

196-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
27-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
3Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
497-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
51-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
6eff. 1-25-13.)
 
7    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
8    (Text of Section after amendment by P.A. 98-176)
9    Sec. 6-508. Commercial Driver's License (CDL) -
10qualification standards.
11    (a) Testing.
12        (1) General. No person shall be issued an original or
13    renewal CDL unless that person is domiciled in this State
14    or is applying for a non-domiciled CDL under Sections 6-509
15    and 6-510 of this Code. The Secretary shall cause to be
16    administered such tests as the Secretary deems necessary to
17    meet the requirements of 49 C.F.R. Part 383, subparts F, G,
18    H, and J.
19        (1.5) Effective July 1, 2014, no person shall be issued
20    an original CDL or an upgraded CDL that requires a skills
21    test unless that person has held a CLP, for a minimum of 14
22    calendar days, for the classification of vehicle and
23    endorsement, if any, for which the person is seeking a CDL.
24        (2) Third party testing. The Secretary of State may
25    authorize a "third party tester", pursuant to 49 C.F.R.

 

 

HB0353- 17 -LRB099 06157 RLC 27269 b

1    383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
2    skills test or tests specified by the Federal Motor Carrier
3    Safety Administration pursuant to the Commercial Motor
4    Vehicle Safety Act of 1986 and any appropriate federal
5    rule.
6    (b) Waiver of Skills Test. The Secretary of State may waive
7the skills test specified in this Section for a driver
8applicant for a commercial driver license who meets the
9requirements of 49 C.F.R. 383.77. The Secretary of State shall
10waive the skills tests specified in this Section for a driver
11applicant who has military commercial motor vehicle
12experience, subject to the requirements of 49 C.F.R. 383.77.
13    (b-1) No person shall be issued a CDL unless the person
14certifies to the Secretary one of the following types of
15driving operations in which he or she will be engaged:
16        (1) non-excepted interstate;
17        (2) non-excepted intrastate;
18        (3) excepted interstate; or
19        (4) excepted intrastate.
20    (b-2) (Blank).
21    (c) Limitations on issuance of a CDL. A CDL shall not be
22issued to a person while the person is subject to a
23disqualification from driving a commercial motor vehicle, or
24unless otherwise permitted by this Code, while the person's
25driver's license is suspended, revoked or cancelled in any
26state, or any territory or province of Canada; nor may a CLP or

 

 

HB0353- 18 -LRB099 06157 RLC 27269 b

1CDL be issued to a person who has a CLP or CDL issued by any
2other state, or foreign jurisdiction, nor may a CDL be issued
3to a person who has an Illinois CLP unless the person first
4surrenders all of these licenses or permits. However, a person
5may hold an Illinois CLP and an Illinois CDL providing the CLP
6is necessary to train or practice for an endorsement or vehicle
7classification not present on the current CDL. No CDL shall be
8issued to or renewed for a person who does not meet the
9requirement of 49 CFR 391.41(b)(11). The requirement may be met
10with the aid of a hearing aid.
11    (c-1) The Secretary may issue a CDL with a school bus
12driver endorsement to allow a person to drive the type of bus
13described in subsection (d-5) of Section 6-104 of this Code.
14The CDL with a school bus driver endorsement may be issued only
15to a person meeting the following requirements:
16        (1) the person has submitted his or her fingerprints to
17    the Department of State Police in the form and manner
18    prescribed by the Department of State Police. These
19    fingerprints shall be checked against the fingerprint
20    records now and hereafter filed in the Department of State
21    Police and Federal Bureau of Investigation criminal
22    history records databases;
23        (2) the person has passed a written test, administered
24    by the Secretary of State, on charter bus operation,
25    charter bus safety, and certain special traffic laws
26    relating to school buses determined by the Secretary of

 

 

HB0353- 19 -LRB099 06157 RLC 27269 b

1    State to be relevant to charter buses, and submitted to a
2    review of the driver applicant's driving habits by the
3    Secretary of State at the time the written test is given;
4        (3) the person has demonstrated physical fitness to
5    operate school buses by submitting the results of a medical
6    examination, including tests for drug use; and
7        (4) the person has not been convicted of committing or
8    attempting to commit any one or more of the following
9    offenses: (i) those offenses defined in Sections 8-1.2,
10    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
11    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
12    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
13    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
14    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
15    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
16    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
17    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
18    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
19    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
20    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
21    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
22    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
23    20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
24    24-1.1-5, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1,
25    24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and
26    33D-1, and in subsection (b) of Section 8-1, and in

 

 

HB0353- 20 -LRB099 06157 RLC 27269 b

1    subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),
2    (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in
3    subsection (a) and subsection (b), clause (1), of Section
4    12-4, and in subsection (A), clauses (a) and (b), of
5    Section 24-3, and those offenses contained in Article 29D
6    of the Criminal Code of 1961 or the Criminal Code of 2012;
7    (ii) those offenses defined in the Cannabis Control Act
8    except those offenses defined in subsections (a) and (b) of
9    Section 4, and subsection (a) of Section 5 of the Cannabis
10    Control Act; (iii) those offenses defined in the Illinois
11    Controlled Substances Act; (iv) those offenses defined in
12    the Methamphetamine Control and Community Protection Act;
13    (v) any offense committed or attempted in any other state
14    or against the laws of the United States, which if
15    committed or attempted in this State would be punishable as
16    one or more of the foregoing offenses; (vi) the offenses
17    defined in Sections 4.1 and 5.1 of the Wrongs to Children
18    Act or Section 11-9.1A of the Criminal Code of 1961 or the
19    Criminal Code of 2012; (vii) those offenses defined in
20    Section 6-16 of the Liquor Control Act of 1934; and (viii)
21    those offenses defined in the Methamphetamine Precursor
22    Control Act.
23    The Department of State Police shall charge a fee for
24conducting the criminal history records check, which shall be
25deposited into the State Police Services Fund and may not
26exceed the actual cost of the records check.

 

 

HB0353- 21 -LRB099 06157 RLC 27269 b

1    (c-2) The Secretary shall issue a CDL with a school bus
2endorsement to allow a person to drive a school bus as defined
3in this Section. The CDL shall be issued according to the
4requirements outlined in 49 C.F.R. 383. A person may not
5operate a school bus as defined in this Section without a
6school bus endorsement. The Secretary of State may adopt rules
7consistent with Federal guidelines to implement this
8subsection (c-2).
9    (d) (Blank).
10(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
1197-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
121-1-14; 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for
13effective date of changes made by 98-176); 98-756, eff.
147-16-14.)
 
15    Section 15. The Clerks of Courts Act is amended by changing
16Section 27.6 as follows:
 
17    (705 ILCS 105/27.6)
18    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1996-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
2098-658, and 98-1013)
21    Sec. 27.6. (a) All fees, fines, costs, additional
22penalties, bail balances assessed or forfeited, and any other
23amount paid by a person to the circuit clerk equalling an
24amount of $55 or more, except the fine imposed by Section

 

 

HB0353- 22 -LRB099 06157 RLC 27269 b

15-9-1.15 of the Unified Code of Corrections, the additional fee
2required by subsections (b) and (c), restitution under Section
35-5-6 of the Unified Code of Corrections, contributions to a
4local anti-crime program ordered pursuant to Section
55-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
6Corrections, reimbursement for the costs of an emergency
7response as provided under Section 11-501 of the Illinois
8Vehicle Code, any fees collected for attending a traffic safety
9program under paragraph (c) of Supreme Court Rule 529, any fee
10collected on behalf of a State's Attorney under Section 4-2002
11of the Counties Code or a sheriff under Section 4-5001 of the
12Counties Code, or any cost imposed under Section 124A-5 of the
13Code of Criminal Procedure of 1963, for convictions, orders of
14supervision, or any other disposition for a violation of
15Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
16similar provision of a local ordinance, and any violation of
17the Child Passenger Protection Act, or a similar provision of a
18local ordinance, and except as otherwise provided in this
19Section shall be disbursed within 60 days after receipt by the
20circuit clerk as follows: 44.5% shall be disbursed to the
21entity authorized by law to receive the fine imposed in the
22case; 16.825% shall be disbursed to the State Treasurer; and
2338.675% shall be disbursed to the county's general corporate
24fund. Of the 16.825% disbursed to the State Treasurer, 2/17
25shall be deposited by the State Treasurer into the Violent
26Crime Victims Assistance Fund, 5.052/17 shall be deposited into

 

 

HB0353- 23 -LRB099 06157 RLC 27269 b

1the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
2be deposited into the Drivers Education Fund, and 6.948/17
3shall be deposited into the Trauma Center Fund. Of the 6.948/17
4deposited into the Trauma Center Fund from the 16.825%
5disbursed to the State Treasurer, 50% shall be disbursed to the
6Department of Public Health and 50% shall be disbursed to the
7Department of Healthcare and Family Services. For fiscal year
81993, amounts deposited into the Violent Crime Victims
9Assistance Fund, the Traffic and Criminal Conviction Surcharge
10Fund, or the Drivers Education Fund shall not exceed 110% of
11the amounts deposited into those funds in fiscal year 1991. Any
12amount that exceeds the 110% limit shall be distributed as
13follows: 50% shall be disbursed to the county's general
14corporate fund and 50% shall be disbursed to the entity
15authorized by law to receive the fine imposed in the case. Not
16later than March 1 of each year the circuit clerk shall submit
17a report of the amount of funds remitted to the State Treasurer
18under this Section during the preceding year based upon
19independent verification of fines and fees. All counties shall
20be subject to this Section, except that counties with a
21population under 2,000,000 may, by ordinance, elect not to be
22subject to this Section. For offenses subject to this Section,
23judges shall impose one total sum of money payable for
24violations. The circuit clerk may add on no additional amounts
25except for amounts that are required by Sections 27.3a and
2627.3c of this Act, unless those amounts are specifically waived

 

 

HB0353- 24 -LRB099 06157 RLC 27269 b

1by the judge. With respect to money collected by the circuit
2clerk as a result of forfeiture of bail, ex parte judgment or
3guilty plea pursuant to Supreme Court Rule 529, the circuit
4clerk shall first deduct and pay amounts required by Sections
527.3a and 27.3c of this Act. This Section is a denial and
6limitation of home rule powers and functions under subsection
7(h) of Section 6 of Article VII of the Illinois Constitution.
8    (b) In addition to any other fines and court costs assessed
9by the courts, any person convicted or receiving an order of
10supervision for driving under the influence of alcohol or drugs
11shall pay an additional fee of $100 to the clerk of the circuit
12court. This amount, less 2 1/2% that shall be used to defray
13administrative costs incurred by the clerk, shall be remitted
14by the clerk to the Treasurer within 60 days after receipt for
15deposit into the Trauma Center Fund. This additional fee of
16$100 shall not be considered a part of the fine for purposes of
17any reduction in the fine for time served either before or
18after sentencing. Not later than March 1 of each year the
19Circuit Clerk shall submit a report of the amount of funds
20remitted to the State Treasurer under this subsection during
21the preceding calendar year.
22    (b-1) In addition to any other fines and court costs
23assessed by the courts, any person convicted or receiving an
24order of supervision for driving under the influence of alcohol
25or drugs shall pay an additional fee of $5 to the clerk of the
26circuit court. This amount, less 2 1/2% that shall be used to

 

 

HB0353- 25 -LRB099 06157 RLC 27269 b

1defray administrative costs incurred by the clerk, shall be
2remitted by the clerk to the Treasurer within 60 days after
3receipt for deposit into the Spinal Cord Injury Paralysis Cure
4Research Trust Fund. This additional fee of $5 shall not be
5considered a part of the fine for purposes of any reduction in
6the fine for time served either before or after sentencing. Not
7later than March 1 of each year the Circuit Clerk shall submit
8a report of the amount of funds remitted to the State Treasurer
9under this subsection during the preceding calendar year.
10    (c) In addition to any other fines and court costs assessed
11by the courts, any person convicted for a violation of Sections
1224-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
131961 or the Criminal Code of 2012 or a person sentenced for a
14violation of the Cannabis Control Act, the Illinois Controlled
15Substances Act, or the Methamphetamine Control and Community
16Protection Act shall pay an additional fee of $100 to the clerk
17of the circuit court. This amount, less 2 1/2% that shall be
18used to defray administrative costs incurred by the clerk,
19shall be remitted by the clerk to the Treasurer within 60 days
20after receipt for deposit into the Trauma Center Fund. This
21additional fee of $100 shall not be considered a part of the
22fine for purposes of any reduction in the fine for time served
23either before or after sentencing. Not later than March 1 of
24each year the Circuit Clerk shall submit a report of the amount
25of funds remitted to the State Treasurer under this subsection
26during the preceding calendar year.

 

 

HB0353- 26 -LRB099 06157 RLC 27269 b

1    (c-1) In addition to any other fines and court costs
2assessed by the courts, any person sentenced for a violation of
3the Cannabis Control Act, the Illinois Controlled Substances
4Act, or the Methamphetamine Control and Community Protection
5Act shall pay an additional fee of $5 to the clerk of the
6circuit court. This amount, less 2 1/2% that shall be used to
7defray administrative costs incurred by the clerk, shall be
8remitted by the clerk to the Treasurer within 60 days after
9receipt for deposit into the Spinal Cord Injury Paralysis Cure
10Research Trust Fund. This additional fee of $5 shall not be
11considered a part of the fine for purposes of any reduction in
12the fine for time served either before or after sentencing. Not
13later than March 1 of each year the Circuit Clerk shall submit
14a report of the amount of funds remitted to the State Treasurer
15under this subsection during the preceding calendar year.
16    (d) The following amounts must be remitted to the State
17Treasurer for deposit into the Illinois Animal Abuse Fund:
18        (1) 50% of the amounts collected for felony offenses
19    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
20    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
21    Animals Act and Section 26-5 or 48-1 of the Criminal Code
22    of 1961 or the Criminal Code of 2012;
23        (2) 20% of the amounts collected for Class A and Class
24    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
25    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
26    for Animals Act and Section 26-5 or 48-1 of the Criminal

 

 

HB0353- 27 -LRB099 06157 RLC 27269 b

1    Code of 1961 or the Criminal Code of 2012; and
2        (3) 50% of the amounts collected for Class C
3    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
4    for Animals Act and Section 26-5 or 48-1 of the Criminal
5    Code of 1961 or the Criminal Code of 2012.
6    (e) Any person who receives a disposition of court
7supervision for a violation of the Illinois Vehicle Code or a
8similar provision of a local ordinance shall, in addition to
9any other fines, fees, and court costs, pay an additional fee
10of $29, to be disbursed as provided in Section 16-104c of the
11Illinois Vehicle Code. In addition to the fee of $29, the
12person shall also pay a fee of $6, if not waived by the court.
13If this $6 fee is collected, $5.50 of the fee shall be
14deposited into the Circuit Court Clerk Operation and
15Administrative Fund created by the Clerk of the Circuit Court
16and 50 cents of the fee shall be deposited into the Prisoner
17Review Board Vehicle and Equipment Fund in the State treasury.
18    (f) This Section does not apply to the additional child
19pornography fines assessed and collected under Section
205-9-1.14 of the Unified Code of Corrections.
21    (g) (Blank).
22    (h) (Blank).
23    (i) Of the amounts collected as fines under subsection (b)
24of Section 3-712 of the Illinois Vehicle Code, 99% shall be
25deposited into the Illinois Military Family Relief Fund and 1%
26shall be deposited into the Circuit Court Clerk Operation and

 

 

HB0353- 28 -LRB099 06157 RLC 27269 b

1Administrative Fund created by the Clerk of the Circuit Court
2to be used to offset the costs incurred by the Circuit Court
3Clerk in performing the additional duties required to collect
4and disburse funds to entities of State and local government as
5provided by law.
6    (j) Any person convicted of, pleading guilty to, or placed
7on supervision for a serious traffic violation, as defined in
8Section 1-187.001 of the Illinois Vehicle Code, a violation of
9Section 11-501 of the Illinois Vehicle Code, or a violation of
10a similar provision of a local ordinance shall pay an
11additional fee of $35, to be disbursed as provided in Section
1216-104d of that Code.
13    This subsection (j) becomes inoperative on January 1, 2020.
14    (k) For any conviction or disposition of court supervision
15for a violation of Section 11-1429 of the Illinois Vehicle
16Code, the circuit clerk shall distribute the fines paid by the
17person as specified by subsection (h) of Section 11-1429 of the
18Illinois Vehicle Code.
19    (l) Any person who receives a disposition of court
20supervision for a violation of Section 11-501 of the Illinois
21Vehicle Code or a similar provision of a local ordinance shall,
22in addition to any other fines, fees, and court costs, pay an
23additional fee of $50, which shall be collected by the circuit
24clerk and then remitted to the State Treasurer for deposit into
25the Roadside Memorial Fund, a special fund in the State
26treasury. However, the court may waive the fee if full

 

 

HB0353- 29 -LRB099 06157 RLC 27269 b

1restitution is complied with. Subject to appropriation, all
2moneys in the Roadside Memorial Fund shall be used by the
3Department of Transportation to pay fees imposed under
4subsection (f) of Section 20 of the Roadside Memorial Act. The
5fee shall be remitted by the circuit clerk within one month
6after receipt to the State Treasurer for deposit into the
7Roadside Memorial Fund.
8    (m) Of the amounts collected as fines under subsection (c)
9of Section 411.4 of the Illinois Controlled Substances Act or
10subsection (c) of Section 90 of the Methamphetamine Control and
11Community Protection Act, 99% shall be deposited to the law
12enforcement agency or fund specified and 1% shall be deposited
13into the Circuit Court Clerk Operation and Administrative Fund
14to be used to offset the costs incurred by the Circuit Court
15Clerk in performing the additional duties required to collect
16and disburse funds to entities of State and local government as
17provided by law.
18    (n) In addition to any other fines and court costs assessed
19by the courts, any person who is convicted of or pleads guilty
20to a violation of the Criminal Code of 1961 or the Criminal
21Code of 2012, or a similar provision of a local ordinance, or
22who is convicted of, pleads guilty to, or receives a
23disposition of court supervision for a violation of the
24Illinois Vehicle Code, or a similar provision of a local
25ordinance, shall pay an additional fee of $15 to the clerk of
26the circuit court. This additional fee of $15 shall not be

 

 

HB0353- 30 -LRB099 06157 RLC 27269 b

1considered a part of the fine for purposes of any reduction in
2the fine for time served either before or after sentencing.
3This amount, less 2.5% that shall be used to defray
4administrative costs incurred by the clerk, shall be remitted
5by the clerk to the State Treasurer within 60 days after
6receipt for deposit into the State Police Merit Board Public
7Safety Fund.
8    (o) The amounts collected as fines under Sections 10-9,
911-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
10be collected by the circuit clerk and distributed as provided
11under Section 5-9-1.21 of the Unified Code of Corrections in
12lieu of any disbursement under subsection (a) of this Section.
13(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
1497-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
156-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 
16    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
1796-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1898-658, and 98-1013)
19    Sec. 27.6. (a) All fees, fines, costs, additional
20penalties, bail balances assessed or forfeited, and any other
21amount paid by a person to the circuit clerk equalling an
22amount of $55 or more, except the fine imposed by Section
235-9-1.15 of the Unified Code of Corrections, the additional fee
24required by subsections (b) and (c), restitution under Section
255-5-6 of the Unified Code of Corrections, contributions to a

 

 

HB0353- 31 -LRB099 06157 RLC 27269 b

1local anti-crime program ordered pursuant to Section
25-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
3Corrections, reimbursement for the costs of an emergency
4response as provided under Section 11-501 of the Illinois
5Vehicle Code, any fees collected for attending a traffic safety
6program under paragraph (c) of Supreme Court Rule 529, any fee
7collected on behalf of a State's Attorney under Section 4-2002
8of the Counties Code or a sheriff under Section 4-5001 of the
9Counties Code, or any cost imposed under Section 124A-5 of the
10Code of Criminal Procedure of 1963, for convictions, orders of
11supervision, or any other disposition for a violation of
12Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
13similar provision of a local ordinance, and any violation of
14the Child Passenger Protection Act, or a similar provision of a
15local ordinance, and except as otherwise provided in this
16Section shall be disbursed within 60 days after receipt by the
17circuit clerk as follows: 44.5% shall be disbursed to the
18entity authorized by law to receive the fine imposed in the
19case; 16.825% shall be disbursed to the State Treasurer; and
2038.675% shall be disbursed to the county's general corporate
21fund. Of the 16.825% disbursed to the State Treasurer, 2/17
22shall be deposited by the State Treasurer into the Violent
23Crime Victims Assistance Fund, 5.052/17 shall be deposited into
24the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
25be deposited into the Drivers Education Fund, and 6.948/17
26shall be deposited into the Trauma Center Fund. Of the 6.948/17

 

 

HB0353- 32 -LRB099 06157 RLC 27269 b

1deposited into the Trauma Center Fund from the 16.825%
2disbursed to the State Treasurer, 50% shall be disbursed to the
3Department of Public Health and 50% shall be disbursed to the
4Department of Healthcare and Family Services. For fiscal year
51993, amounts deposited into the Violent Crime Victims
6Assistance Fund, the Traffic and Criminal Conviction Surcharge
7Fund, or the Drivers Education Fund shall not exceed 110% of
8the amounts deposited into those funds in fiscal year 1991. Any
9amount that exceeds the 110% limit shall be distributed as
10follows: 50% shall be disbursed to the county's general
11corporate fund and 50% shall be disbursed to the entity
12authorized by law to receive the fine imposed in the case. Not
13later than March 1 of each year the circuit clerk shall submit
14a report of the amount of funds remitted to the State Treasurer
15under this Section during the preceding year based upon
16independent verification of fines and fees. All counties shall
17be subject to this Section, except that counties with a
18population under 2,000,000 may, by ordinance, elect not to be
19subject to this Section. For offenses subject to this Section,
20judges shall impose one total sum of money payable for
21violations. The circuit clerk may add on no additional amounts
22except for amounts that are required by Sections 27.3a and
2327.3c of this Act, Section 16-104c of the Illinois Vehicle
24Code, and subsection (a) of Section 5-1101 of the Counties
25Code, unless those amounts are specifically waived by the
26judge. With respect to money collected by the circuit clerk as

 

 

HB0353- 33 -LRB099 06157 RLC 27269 b

1a result of forfeiture of bail, ex parte judgment or guilty
2plea pursuant to Supreme Court Rule 529, the circuit clerk
3shall first deduct and pay amounts required by Sections 27.3a
4and 27.3c of this Act. Unless a court ordered payment schedule
5is implemented or fee requirements are waived pursuant to court
6order, the clerk of the court may add to any unpaid fees and
7costs a delinquency amount equal to 5% of the unpaid fees that
8remain unpaid after 30 days, 10% of the unpaid fees that remain
9unpaid after 60 days, and 15% of the unpaid fees that remain
10unpaid after 90 days. Notice to those parties may be made by
11signage posting or publication. The additional delinquency
12amounts collected under this Section shall be deposited in the
13Circuit Court Clerk Operation and Administrative Fund to be
14used to defray administrative costs incurred by the circuit
15clerk in performing the duties required to collect and disburse
16funds. This Section is a denial and limitation of home rule
17powers and functions under subsection (h) of Section 6 of
18Article VII of the Illinois Constitution.
19    (b) In addition to any other fines and court costs assessed
20by the courts, any person convicted or receiving an order of
21supervision for driving under the influence of alcohol or drugs
22shall pay an additional fee of $100 to the clerk of the circuit
23court. This amount, less 2 1/2% that shall be used to defray
24administrative costs incurred by the clerk, shall be remitted
25by the clerk to the Treasurer within 60 days after receipt for
26deposit into the Trauma Center Fund. This additional fee of

 

 

HB0353- 34 -LRB099 06157 RLC 27269 b

1$100 shall not be considered a part of the fine for purposes of
2any reduction in the fine for time served either before or
3after sentencing. Not later than March 1 of each year the
4Circuit Clerk shall submit a report of the amount of funds
5remitted to the State Treasurer under this subsection during
6the preceding calendar year.
7    (b-1) In addition to any other fines and court costs
8assessed by the courts, any person convicted or receiving an
9order of supervision for driving under the influence of alcohol
10or drugs shall pay an additional fee of $5 to the clerk of the
11circuit court. This amount, less 2 1/2% that shall be used to
12defray administrative costs incurred by the clerk, shall be
13remitted by the clerk to the Treasurer within 60 days after
14receipt for deposit into the Spinal Cord Injury Paralysis Cure
15Research Trust Fund. This additional fee of $5 shall not be
16considered a part of the fine for purposes of any reduction in
17the fine for time served either before or after sentencing. Not
18later than March 1 of each year the Circuit Clerk shall submit
19a report of the amount of funds remitted to the State Treasurer
20under this subsection during the preceding calendar year.
21    (c) In addition to any other fines and court costs assessed
22by the courts, any person convicted for a violation of Sections
2324-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
241961 or the Criminal Code of 2012 or a person sentenced for a
25violation of the Cannabis Control Act, the Illinois Controlled
26Substances Act, or the Methamphetamine Control and Community

 

 

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1Protection Act shall pay an additional fee of $100 to the clerk
2of the circuit court. This amount, less 2 1/2% that shall be
3used to defray administrative costs incurred by the clerk,
4shall be remitted by the clerk to the Treasurer within 60 days
5after receipt for deposit into the Trauma Center Fund. This
6additional fee of $100 shall not be considered a part of the
7fine for purposes of any reduction in the fine for time served
8either before or after sentencing. Not later than March 1 of
9each year the Circuit Clerk shall submit a report of the amount
10of funds remitted to the State Treasurer under this subsection
11during the preceding calendar year.
12    (c-1) In addition to any other fines and court costs
13assessed by the courts, any person sentenced for a violation of
14the Cannabis Control Act, the Illinois Controlled Substances
15Act, or the Methamphetamine Control and Community Protection
16Act shall pay an additional fee of $5 to the clerk of the
17circuit court. This amount, less 2 1/2% that shall be used to
18defray administrative costs incurred by the clerk, shall be
19remitted by the clerk to the Treasurer within 60 days after
20receipt for deposit into the Spinal Cord Injury Paralysis Cure
21Research Trust Fund. This additional fee of $5 shall not be
22considered a part of the fine for purposes of any reduction in
23the fine for time served either before or after sentencing. Not
24later than March 1 of each year the Circuit Clerk shall submit
25a report of the amount of funds remitted to the State Treasurer
26under this subsection during the preceding calendar year.

 

 

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1    (d) The following amounts must be remitted to the State
2Treasurer for deposit into the Illinois Animal Abuse Fund:
3        (1) 50% of the amounts collected for felony offenses
4    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
6    Animals Act and Section 26-5 or 48-1 of the Criminal Code
7    of 1961 or the Criminal Code of 2012;
8        (2) 20% of the amounts collected for Class A and Class
9    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
10    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
11    for Animals Act and Section 26-5 or 48-1 of the Criminal
12    Code of 1961 or the Criminal Code of 2012; and
13        (3) 50% of the amounts collected for Class C
14    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
15    for Animals Act and Section 26-5 or 48-1 of the Criminal
16    Code of 1961 or the Criminal Code of 2012.
17    (e) Any person who receives a disposition of court
18supervision for a violation of the Illinois Vehicle Code or a
19similar provision of a local ordinance shall, in addition to
20any other fines, fees, and court costs, pay an additional fee
21of $29, to be disbursed as provided in Section 16-104c of the
22Illinois Vehicle Code. In addition to the fee of $29, the
23person shall also pay a fee of $6, if not waived by the court.
24If this $6 fee is collected, $5.50 of the fee shall be
25deposited into the Circuit Court Clerk Operation and
26Administrative Fund created by the Clerk of the Circuit Court

 

 

HB0353- 37 -LRB099 06157 RLC 27269 b

1and 50 cents of the fee shall be deposited into the Prisoner
2Review Board Vehicle and Equipment Fund in the State treasury.
3    (f) This Section does not apply to the additional child
4pornography fines assessed and collected under Section
55-9-1.14 of the Unified Code of Corrections.
6    (g) Any person convicted of or pleading guilty to a serious
7traffic violation, as defined in Section 1-187.001 of the
8Illinois Vehicle Code, shall pay an additional fee of $35, to
9be disbursed as provided in Section 16-104d of that Code. This
10subsection (g) becomes inoperative on January 1, 2020.
11    (h) In all counties having a population of 3,000,000 or
12more inhabitants,
13        (1) A person who is found guilty of or pleads guilty to
14    violating subsection (a) of Section 11-501 of the Illinois
15    Vehicle Code, including any person placed on court
16    supervision for violating subsection (a), shall be fined
17    $750 as provided for by subsection (f) of Section 11-501.01
18    of the Illinois Vehicle Code, payable to the circuit clerk,
19    who shall distribute the money pursuant to subsection (f)
20    of Section 11-501.01 of the Illinois Vehicle Code.
21        (2) When a crime laboratory DUI analysis fee of $150,
22    provided for by Section 5-9-1.9 of the Unified Code of
23    Corrections is assessed, it shall be disbursed by the
24    circuit clerk as provided by subsection (f) of Section
25    5-9-1.9 of the Unified Code of Corrections.
26        (3) When a fine for a violation of Section 11-605.1 of

 

 

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1    the Illinois Vehicle Code is $250 or greater, the person
2    who violated that Section shall be charged an additional
3    $125 as provided for by subsection (e) of Section 11-605.1
4    of the Illinois Vehicle Code, which shall be disbursed by
5    the circuit clerk to a State or county Transportation
6    Safety Highway Hire-back Fund as provided by subsection (e)
7    of Section 11-605.1 of the Illinois Vehicle Code.
8        (4) When a fine for a violation of subsection (a) of
9    Section 11-605 of the Illinois Vehicle Code is $150 or
10    greater, the additional $50 which is charged as provided
11    for by subsection (f) of Section 11-605 of the Illinois
12    Vehicle Code shall be disbursed by the circuit clerk to a
13    school district or districts for school safety purposes as
14    provided by subsection (f) of Section 11-605.
15        (5) When a fine for a violation of subsection (a) of
16    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
17    greater, the additional $50 which is charged as provided
18    for by subsection (c) of Section 11-1002.5 of the Illinois
19    Vehicle Code shall be disbursed by the circuit clerk to a
20    school district or districts for school safety purposes as
21    provided by subsection (c) of Section 11-1002.5 of the
22    Illinois Vehicle Code.
23        (6) When a mandatory drug court fee of up to $5 is
24    assessed as provided in subsection (f) of Section 5-1101 of
25    the Counties Code, it shall be disbursed by the circuit
26    clerk as provided in subsection (f) of Section 5-1101 of

 

 

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1    the Counties Code.
2        (7) When a mandatory teen court, peer jury, youth
3    court, or other youth diversion program fee is assessed as
4    provided in subsection (e) of Section 5-1101 of the
5    Counties Code, it shall be disbursed by the circuit clerk
6    as provided in subsection (e) of Section 5-1101 of the
7    Counties Code.
8        (8) When a Children's Advocacy Center fee is assessed
9    pursuant to subsection (f-5) of Section 5-1101 of the
10    Counties Code, it shall be disbursed by the circuit clerk
11    as provided in subsection (f-5) of Section 5-1101 of the
12    Counties Code.
13        (9) When a victim impact panel fee is assessed pursuant
14    to subsection (b) of Section 11-501.01 of the Vehicle Code,
15    it shall be disbursed by the circuit clerk to the victim
16    impact panel to be attended by the defendant.
17        (10) When a new fee collected in traffic cases is
18    enacted after the effective date of this subsection (h), it
19    shall be excluded from the percentage disbursement
20    provisions of this Section unless otherwise indicated by
21    law.
22    (i) Of the amounts collected as fines under subsection (b)
23of Section 3-712 of the Illinois Vehicle Code, 99% shall be
24deposited into the Illinois Military Family Relief Fund and 1%
25shall be deposited into the Circuit Court Clerk Operation and
26Administrative Fund created by the Clerk of the Circuit Court

 

 

HB0353- 40 -LRB099 06157 RLC 27269 b

1to be used to offset the costs incurred by the Circuit Court
2Clerk in performing the additional duties required to collect
3and disburse funds to entities of State and local government as
4provided by law.
5    (j) (Blank).
6    (k) For any conviction or disposition of court supervision
7for a violation of Section 11-1429 of the Illinois Vehicle
8Code, the circuit clerk shall distribute the fines paid by the
9person as specified by subsection (h) of Section 11-1429 of the
10Illinois Vehicle Code.
11    (l) Any person who receives a disposition of court
12supervision for a violation of Section 11-501 of the Illinois
13Vehicle Code or a similar provision of a local ordinance shall,
14in addition to any other fines, fees, and court costs, pay an
15additional fee of $50, which shall be collected by the circuit
16clerk and then remitted to the State Treasurer for deposit into
17the Roadside Memorial Fund, a special fund in the State
18treasury. However, the court may waive the fee if full
19restitution is complied with. Subject to appropriation, all
20moneys in the Roadside Memorial Fund shall be used by the
21Department of Transportation to pay fees imposed under
22subsection (f) of Section 20 of the Roadside Memorial Act. The
23fee shall be remitted by the circuit clerk within one month
24after receipt to the State Treasurer for deposit into the
25Roadside Memorial Fund.
26    (m) Of the amounts collected as fines under subsection (c)

 

 

HB0353- 41 -LRB099 06157 RLC 27269 b

1of Section 411.4 of the Illinois Controlled Substances Act or
2subsection (c) of Section 90 of the Methamphetamine Control and
3Community Protection Act, 99% shall be deposited to the law
4enforcement agency or fund specified and 1% shall be deposited
5into the Circuit Court Clerk Operation and Administrative Fund
6to be used to offset the costs incurred by the Circuit Court
7Clerk in performing the additional duties required to collect
8and disburse funds to entities of State and local government as
9provided by law.
10    (n) In addition to any other fines and court costs assessed
11by the courts, any person who is convicted of or pleads guilty
12to a violation of the Criminal Code of 1961 or the Criminal
13Code of 2012, or a similar provision of a local ordinance, or
14who is convicted of, pleads guilty to, or receives a
15disposition of court supervision for a violation of the
16Illinois Vehicle Code, or a similar provision of a local
17ordinance, shall pay an additional fee of $15 to the clerk of
18the circuit court. This additional fee of $15 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing.
21This amount, less 2.5% that shall be used to defray
22administrative costs incurred by the clerk, shall be remitted
23by the clerk to the State Treasurer within 60 days after
24receipt for deposit into the State Police Merit Board Public
25Safety Fund.
26    (o) The amounts collected as fines under Sections 10-9,

 

 

HB0353- 42 -LRB099 06157 RLC 27269 b

111-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
2be collected by the circuit clerk and distributed as provided
3under Section 5-9-1.21 of the Unified Code of Corrections in
4lieu of any disbursement under subsection (a) of this Section.
5(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
697-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
76-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 
8    Section 20. The Criminal Code of 2012 is amended by
9changing Sections 24-1.1, 24-1.6, and 24-1.8 and by adding
10Section 24-1.1-5 as follows:
 
11    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
12    Sec. 24-1.1. Unlawful use or possession of weapons by
13felons Use or Possession of Weapons by Felons or Persons in the
14Custody of the Department of Corrections Facilities.
15    (a) It is unlawful for a person to knowingly possess on or
16about his person or on his land or in his own abode or fixed
17place of business any weapon prohibited under Section 24-1 of
18this Act or any firearm or any firearm ammunition if the person
19has been convicted of a felony under the laws of this State or
20any other jurisdiction. This Section shall not apply if the
21person has been granted relief by the Director of the
22Department of State Police under Section 10 of the Firearm
23Owners Identification Card Act.
24    (b) (Blank). It is unlawful for any person confined in a

 

 

HB0353- 43 -LRB099 06157 RLC 27269 b

1penal institution, which is a facility of the Illinois
2Department of Corrections, to possess any weapon prohibited
3under Section 24-1 of this Code or any firearm or firearm
4ammunition, regardless of the intent with which he possesses
5it.
6    (c) (Blank). It shall be an affirmative defense to a
7violation of subsection (b), that such possession was
8specifically authorized by rule, regulation, or directive of
9the Illinois Department of Corrections or order issued pursuant
10thereto.
11    (d) (Blank). The defense of necessity is not available to a
12person who is charged with a violation of subsection (b) of
13this Section.
14    (e) Sentence.
15        (1) Violation of this Section is by a person not
16    confined in a penal institution shall be a Class 3 felony
17    for which the person shall be sentenced to no less than 3 2
18    years and no more than 10 years and any second or
19    subsequent violation shall be a Class 2 felony for which
20    the person shall be sentenced to a term of imprisonment of
21    not less than 3 years and not more than 14 years.
22        (2) Violation of this Section is a Class 2 felony for
23    which the person shall be sentenced to not less than 3
24    years and not more than 14 years if the conviction was
25    entered less than 10 years prior to the commission of the
26    instant offense, excluding any time the defendant was in

 

 

HB0353- 44 -LRB099 06157 RLC 27269 b

1    custody, on probation, conditional discharge, or mandatory
2    supervised release.
3        (3) Violation of this Section by a person not confined
4    in a penal institution who has been convicted of a second
5    or subsequent offense under this Section, a forcible
6    felony, a felony violation of Article 24 of this Code or of
7    the Firearm Owners Identification Card Act, stalking or
8    aggravated stalking, or a Class 2 or greater felony under
9    the Illinois Controlled Substances Act, the Cannabis
10    Control Act, or the Methamphetamine Control and Community
11    Protection Act is a Class 2 felony for which the person
12    shall be sentenced to not less than 4 3 years and not more
13    than 14 years.
14        (4) Violation of this Section by a person who is on
15    parole or mandatory supervised release is a Class 2 felony
16    for which the person shall be sentenced to not less than 4
17    3 years and not more than 14 years.
18        (5) Violation of this Section by a person not confined
19    in a penal institution is a Class X felony when the firearm
20    possessed is a machine gun. Any person who violates this
21    Section while confined in a penal institution, which is a
22    facility of the Illinois Department of Corrections, is
23    guilty of a Class 1 felony, if he possesses any weapon
24    prohibited under Section 24-1 of this Code regardless of
25    the intent with which he possesses it, a Class X felony if
26    he possesses any firearm, firearm ammunition or explosive,

 

 

HB0353- 45 -LRB099 06157 RLC 27269 b

1    and a Class X felony for which the offender shall be
2    sentenced to not less than 12 years and not more than 50
3    years when the firearm possessed is a machine gun.
4        (6) A violation of this Section while wearing or in
5    possession of body armor as defined in Section 33F-1 is a
6    Class X felony punishable by a term of imprisonment of not
7    less than 10 years and not more than 40 years.
8        (7) A sentence of county impact incarceration under
9    Section 5-8-1.2 of the Unified Code of Corrections is not
10    authorized for a violation of this Section.
11        (8) The possession of each firearm or firearm
12    ammunition in violation of this Section constitutes a
13    single and separate violation.
14(Source: P.A. 97-237, eff. 1-1-12.)
 
15    (720 ILCS 5/24-1.1-5 new)
16    Sec. 24-1.1-5. Unlawful use or possession of weapons by
17persons in the custody of the Department of Corrections
18facilities.
19    (a) It is unlawful for any person confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, to possess any weapon prohibited under Section
2224-1 of this Code or any firearm or firearm ammunition,
23regardless of the intent with which he or she possesses it.
24    (b) It is an affirmative defense to a violation of this
25Section that the possession was specifically authorized by

 

 

HB0353- 46 -LRB099 06157 RLC 27269 b

1rule, regulation, or directive of the Illinois Department of
2Corrections or order issued under that rule, regulation, or
3directive.
4    (c) The defense of necessity is not available to a person
5who is charged with a violation of this Section.
6    (d) Sentence.
7    (1) Any person who violates this Section is guilty of a
8Class 1 felony, if he or she possesses any weapon prohibited
9under Section 24-1 of this Code, a Class X felony if he or she
10possesses any firearm, firearm ammunition, or explosive, and a
11Class X felony for which the offender shall be sentenced to not
12less than 12 years and not more than 50 years when the firearm
13possessed is a machine gun.
14    (2) A violation of this Section while wearing or in
15possession of body armor as defined in Section 33F-1 is a Class
16X felony punishable by a term of imprisonment of not less than
1710 years and not more than 40 years.
18    (3) The possession of each firearm or firearm ammunition in
19violation of this Section constitutes a single and separate
20violation.
21    (4) A sentence of county impact incarceration under Section
225-8-1.2 of the Unified Code of Corrections is not authorized
23for a violation of this Section.
 
24    (720 ILCS 5/24-1.6)
25    Sec. 24-1.6. Aggravated unlawful use of a weapon.

 

 

HB0353- 47 -LRB099 06157 RLC 27269 b

1    (a) A person commits the offense of aggravated unlawful use
2of a weapon when he or she knowingly:
3        (1) Carries on or about his or her person or in any
4    vehicle or concealed on or about his or her person except
5    when on his or her land or in his or her abode, legal
6    dwelling, or fixed place of business, or on the land or in
7    the legal dwelling of another person as an invitee with
8    that person's permission, any pistol, revolver, stun gun or
9    taser or other firearm; or
10        (2) Carries or possesses on or about his or her person,
11    upon any public street, alley, or other public lands within
12    the corporate limits of a city, village or incorporated
13    town, except when an invitee thereon or therein, for the
14    purpose of the display of such weapon or the lawful
15    commerce in weapons, or except when on his or her own land
16    or in his or her own abode, legal dwelling, or fixed place
17    of business, or on the land or in the legal dwelling of
18    another person as an invitee with that person's permission,
19    any pistol, revolver, stun gun or taser or other firearm;
20    and
21        (3) One of the following factors is present:
22            (A) the firearm, other than a pistol, revolver, or
23        handgun, possessed was uncased, loaded, and
24        immediately accessible at the time of the offense; or
25            (A-5) the pistol, revolver, or handgun possessed
26        was uncased, loaded, and immediately accessible at the

 

 

HB0353- 48 -LRB099 06157 RLC 27269 b

1        time of the offense and the person possessing the
2        pistol, revolver, or handgun has not been issued a
3        currently valid license under the Firearm Concealed
4        Carry Act; or
5            (B) the firearm, other than a pistol, revolver, or
6        handgun, possessed was uncased, unloaded, and the
7        ammunition for the weapon was immediately accessible
8        at the time of the offense; or
9            (B-5) the pistol, revolver, or handgun possessed
10        was uncased, unloaded, and the ammunition for the
11        weapon was immediately accessible at the time of the
12        offense and the person possessing the pistol,
13        revolver, or handgun has not been issued a currently
14        valid license under the Firearm Concealed Carry Act; or
15            (C) the person possessing the firearm has not been
16        issued a currently valid Firearm Owner's
17        Identification Card; or
18            (D) the person possessing the weapon was
19        previously adjudicated a delinquent minor under the
20        Juvenile Court Act of 1987 for an act that if committed
21        by an adult would be a felony; or
22            (E) the person possessing the weapon was engaged in
23        a misdemeanor violation of the Cannabis Control Act, in
24        a misdemeanor violation of the Illinois Controlled
25        Substances Act, or in a misdemeanor violation of the
26        Methamphetamine Control and Community Protection Act;

 

 

HB0353- 49 -LRB099 06157 RLC 27269 b

1        or
2            (F) (blank); or
3            (G) the person possessing the weapon had a order of
4        protection issued against him or her within the
5        previous 2 years; or
6            (H) the person possessing the weapon was engaged in
7        the commission or attempted commission of a
8        misdemeanor involving the use or threat of violence
9        against the person or property of another; or
10            (I) the person possessing the weapon was under 21
11        years of age and in possession of a handgun, unless the
12        person under 21 is engaged in lawful activities under
13        the Wildlife Code or described in subsection
14        24-2(b)(1), (b)(3), or 24-2(f).
15    (a-5) "Handgun" as used in this Section has the meaning
16given to it in Section 5 of the Firearm Concealed Carry Act.
17    (b) "Stun gun or taser" as used in this Section has the
18same definition given to it in Section 24-1 of this Code.
19    (c) This Section does not apply to or affect the
20transportation or possession of weapons that:
21        (i) are broken down in a non-functioning state; or
22        (ii) are not immediately accessible; or
23        (iii) are unloaded and enclosed in a case, firearm
24    carrying box, shipping box, or other container by a person
25    who has been issued a currently valid Firearm Owner's
26    Identification Card.

 

 

HB0353- 50 -LRB099 06157 RLC 27269 b

1    (d) Sentence.
2         (1) Aggravated unlawful use of a weapon is a Class 4
3    felony; a second or subsequent offense is a Class 2 felony
4    for which the person shall be sentenced to a term of
5    imprisonment of not less than 4 3 years and not more than
6    10 7 years.
7        (2) Except as otherwise provided in paragraphs (3) and
8    (4) of this subsection (d), a first offense of aggravated
9    unlawful use of a weapon committed with a firearm by a
10    person 18 years of age or older where the factors listed in
11    both items (A) and (C) or both items (A-5) and (C) of
12    paragraph (3) of subsection (a) are present is a Class 4
13    felony, for which the person shall be sentenced to a term
14    of imprisonment of not less than one year and not more than
15    3 years.
16        (3) Aggravated unlawful use of a weapon by a person who
17    has been previously convicted of a felony offense is a
18    Class 3 felony for which the person shall be sentenced to a
19    term of not less than 3 years and not more than 10 years,
20    unless the conviction was entered less than 10 years prior
21    to the commission of the instant offense, excluding any
22    time the defendant was in custody, on probation,
23    conditional discharge, or supervised release, in which
24    case it is a Class 2 felony for which the person shall be
25    sentenced to a term of not less than 4 years and not more
26    than 10 years. in this State or another jurisdiction is a

 

 

HB0353- 51 -LRB099 06157 RLC 27269 b

1    Class 2 felony for which the person shall be sentenced to a
2    term of imprisonment of not less than 3 years and not more
3    than 7 years.
4        (4) Aggravated unlawful use of a weapon while wearing
5    or in possession of body armor as defined in Section 33F-1
6    by a person who has not been issued a valid Firearms
7    Owner's Identification Card in accordance with Section 5 of
8    the Firearm Owners Identification Card Act is a Class X
9    felony.
10        (5) A sentence of county impact incarceration under
11    Section 5-8-1.2 of the Unified Code of Corrections is not
12    authorized for a violation of this Section.
13    (e) The possession of each firearm in violation of this
14Section constitutes a single and separate violation.
15(Source: P.A. 98-63, eff. 7-9-13.)
 
16    (720 ILCS 5/24-1.8)
17    Sec. 24-1.8. Unlawful possession of a firearm by a street
18gang member.
19    (a) A person commits unlawful possession of a firearm by a
20street gang member when he or she knowingly:
21        (1) possesses, carries, or conceals on or about his or
22    her person a firearm and firearm ammunition while on any
23    street, road, alley, gangway, sidewalk, or any other lands,
24    except when inside his or her own abode or inside his or
25    her fixed place of business, and has not been issued a

 

 

HB0353- 52 -LRB099 06157 RLC 27269 b

1    currently valid Firearm Owner's Identification Card and is
2    a member of a street gang; or
3        (2) possesses or carries in any vehicle a firearm and
4    firearm ammunition which are both immediately accessible
5    at the time of the offense while on any street, road,
6    alley, or any other lands, except when inside his or her
7    own abode or garage, and has not been issued a currently
8    valid Firearm Owner's Identification Card and is a member
9    of a street gang.
10    (b) Unlawful possession of a firearm by a street gang
11member is a Class 2 felony for which the person, if sentenced
12to a term of imprisonment, shall be sentenced to no less than 4
133 years and no more than 10 years. A period of probation, a
14term of periodic imprisonment or conditional discharge shall
15not be imposed for the offense of unlawful possession of a
16firearm by a street gang member when the firearm was loaded or
17contained firearm ammunition and the court shall sentence the
18offender to not less than the minimum term of imprisonment
19authorized for the Class 2 felony. A sentence of county impact
20incarceration under Section 5-8-1.2 of the Unified Code of
21Corrections is not authorized for a violation of this Section.
22    (c) For purposes of this Section:
23        "Street gang" or "gang" has the meaning ascribed to it
24    in Section 10 of the Illinois Streetgang Terrorism Omnibus
25    Prevention Act.
26        "Street gang member" or "gang member" has the meaning

 

 

HB0353- 53 -LRB099 06157 RLC 27269 b

1    ascribed to it in Section 10 of the Illinois Streetgang
2    Terrorism Omnibus Prevention Act.
3(Source: P.A. 96-829, eff. 12-3-09.)
 
4    Section 25. The Unified Code of Corrections is amended by
5changing Sections 3-6-3, 5-5-3, and 5-9-1.10 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
8        (a) (1) The Department of Corrections shall prescribe
9    rules and regulations for awarding and revoking sentence
10    credit for persons committed to the Department which shall
11    be subject to review by the Prisoner Review Board.
12        (1.5) As otherwise provided by law, sentence credit may
13    be awarded for the following:
14            (A) successful completion of programming while in
15        custody of the Department or while in custody prior to
16        sentencing;
17            (B) compliance with the rules and regulations of
18        the Department; or
19            (C) service to the institution, service to a
20        community, or service to the State.
21        (2) The rules and regulations on sentence credit shall
22    provide, with respect to offenses listed in clause (i),
23    (ii), or (iii) of this paragraph (2) committed on or after
24    June 19, 1998 or with respect to the offense listed in

 

 

HB0353- 54 -LRB099 06157 RLC 27269 b

1    clause (iv) of this paragraph (2) committed on or after
2    June 23, 2005 (the effective date of Public Act 94-71) or
3    with respect to offense listed in clause (vi) committed on
4    or after June 1, 2008 (the effective date of Public Act
5    95-625) or with respect to the offense of being an armed
6    habitual criminal committed on or after August 2, 2005 (the
7    effective date of Public Act 94-398) or with respect to the
8    offenses listed in clause (v) of this paragraph (2)
9    committed on or after August 13, 2007 (the effective date
10    of Public Act 95-134) or with respect to the offense of
11    aggravated domestic battery committed on or after July 23,
12    2010 (the effective date of Public Act 96-1224) or with
13    respect to the offense of attempt to commit terrorism
14    committed on or after January 1, 2013 (the effective date
15    of Public Act 97-990), or with respect to the offenses
16    listed in clauses (viii) or (ix) of this paragraph (2)
17    committed on or after the effective date of this amendatory
18    Act of the 99th General Assembly, the following:
19            (i) that a prisoner who is serving a term of
20        imprisonment for first degree murder or for the offense
21        of terrorism shall receive no sentence credit and shall
22        serve the entire sentence imposed by the court;
23            (ii) that a prisoner serving a sentence for attempt
24        to commit terrorism, attempt to commit first degree
25        murder, solicitation of murder, solicitation of murder
26        for hire, intentional homicide of an unborn child,

 

 

HB0353- 55 -LRB099 06157 RLC 27269 b

1        predatory criminal sexual assault of a child,
2        aggravated criminal sexual assault, criminal sexual
3        assault, aggravated kidnapping, aggravated battery
4        with a firearm as described in Section 12-4.2 or
5        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
6        Section 12-3.05, heinous battery as described in
7        Section 12-4.1 or subdivision (a)(2) of Section
8        12-3.05, being an armed habitual criminal, aggravated
9        battery of a senior citizen as described in Section
10        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
11        aggravated battery of a child as described in Section
12        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
13        receive no more than 4.5 days of sentence credit for
14        each month of his or her sentence of imprisonment;
15            (iii) that a prisoner serving a sentence for home
16        invasion, armed robbery, aggravated vehicular
17        hijacking, aggravated discharge of a firearm, or armed
18        violence with a category I weapon or category II
19        weapon, when the court has made and entered a finding,
20        pursuant to subsection (c-1) of Section 5-4-1 of this
21        Code, that the conduct leading to conviction for the
22        enumerated offense resulted in great bodily harm to a
23        victim, shall receive no more than 4.5 days of sentence
24        credit for each month of his or her sentence of
25        imprisonment;
26            (iv) that a prisoner serving a sentence for

 

 

HB0353- 56 -LRB099 06157 RLC 27269 b

1        aggravated discharge of a firearm, whether or not the
2        conduct leading to conviction for the offense resulted
3        in great bodily harm to the victim, shall receive no
4        more than 4.5 days of sentence credit for each month of
5        his or her sentence of imprisonment;
6            (v) that a person serving a sentence for
7        gunrunning, narcotics racketeering, controlled
8        substance trafficking, methamphetamine trafficking,
9        drug-induced homicide, aggravated
10        methamphetamine-related child endangerment, money
11        laundering pursuant to clause (c) (4) or (5) of Section
12        29B-1 of the Criminal Code of 1961 or the Criminal Code
13        of 2012, or a Class X felony conviction for delivery of
14        a controlled substance, possession of a controlled
15        substance with intent to manufacture or deliver,
16        calculated criminal drug conspiracy, criminal drug
17        conspiracy, street gang criminal drug conspiracy,
18        participation in methamphetamine manufacturing,
19        aggravated participation in methamphetamine
20        manufacturing, delivery of methamphetamine, possession
21        with intent to deliver methamphetamine, aggravated
22        delivery of methamphetamine, aggravated possession
23        with intent to deliver methamphetamine,
24        methamphetamine conspiracy when the substance
25        containing the controlled substance or methamphetamine
26        is 100 grams or more shall receive no more than 7.5

 

 

HB0353- 57 -LRB099 06157 RLC 27269 b

1        days sentence credit for each month of his or her
2        sentence of imprisonment;
3            (vi) that a prisoner serving a sentence for a
4        second or subsequent offense of luring a minor shall
5        receive no more than 4.5 days of sentence credit for
6        each month of his or her sentence of imprisonment; and
7            (vii) that a prisoner serving a sentence for
8        aggravated domestic battery shall receive no more than
9        4.5 days of sentence credit for each month of his or
10        her sentence of imprisonment;
11            (viii) that a prisoner serving a sentence for a
12        violation under paragraph (1) or (2) of subsection (e)
13        of Section 24-1.1 of the Criminal Code of 2012 shall
14        receive no more than 7.5 days of sentence credit for
15        each month of his or her sentence of imprisonment; and
16            (ix) that a prisoner serving a sentence for a
17        violation under Section 24-1.8; paragraph (3), (4),
18        (5), or (6) of subsection (e) of Section 24-1.1; or a
19        Class 2 or greater felony under Section 24-1.6 of the
20        Criminal Code of 2012 shall receive no more than 4.5
21        days of sentence credit for each month of his or her
22        sentence of imprisonment.
23        (2.05) Notwithstanding clause (viii) of paragraph (2)
24    of this subsection (a), if a person is convicted of a
25    violation of paragraph (1) of subsection (e) of Section
26    24-1.1 of the Criminal Code of 2012, at the person's

 

 

HB0353- 58 -LRB099 06157 RLC 27269 b

1    sentencing hearing, after considering all of the evidence
2    in aggravation and mitigation, the court may enter an order
3    to the Department permitting the issuance of sentence
4    credits at the Department's discretion under this
5    paragraph (2.05) if the person proves each of the following
6    by a preponderance of the evidence:
7            (A) more than 10 years have elapsed since the later
8        of the completion of sentence for the prior felony,
9        discharge from incarceration for the prior felony,
10        discharge from mandatory supervised release for the
11        prior felony, or discharge from parole for the prior
12        felony;
13            (B) the person does not have a prior felony
14        conviction which qualifies as a forcible felony as
15        defined in Section 2-8 of the Criminal Code of 2012, a
16        felony violation of Article 24 of the Criminal Code of
17        1961 or the Criminal Code of 2012 or the Firearm Owners
18        Identification Card Act, stalking or aggravated
19        stalking, or a Class 2 or greater felony under the
20        Illinois Controlled Substances Act, the Cannabis
21        Control Act, or the Methamphetamine Control and
22        Community Protection Act;
23            (C) permitting sentence credits would serve the
24        goals of the individual's rehabilitation and reentry
25        into society; and
26            (D) permitting sentence credits is in the

 

 

HB0353- 59 -LRB099 06157 RLC 27269 b

1        interests of the protection of the public.
2        (2.1) For all offenses, other than those enumerated in
3    subdivision (a)(2)(i), (ii), or (iii) committed on or after
4    June 19, 1998 or subdivision (a)(2)(iv) committed on or
5    after June 23, 2005 (the effective date of Public Act
6    94-71) or subdivision (a)(2)(v) committed on or after
7    August 13, 2007 (the effective date of Public Act 95-134)
8    or subdivision (a)(2)(vi) committed on or after June 1,
9    2008 (the effective date of Public Act 95-625) or
10    subdivision (a)(2)(vii) committed on or after July 23, 2010
11    (the effective date of Public Act 96-1224), and other than
12    the offense of aggravated driving under the influence of
13    alcohol, other drug or drugs, or intoxicating compound or
14    compounds, or any combination thereof as defined in
15    subparagraph (F) of paragraph (1) of subsection (d) of
16    Section 11-501 of the Illinois Vehicle Code, and other than
17    the offense of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof as defined in
20    subparagraph (C) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code committed on or
22    after January 1, 2011 (the effective date of Public Act
23    96-1230), the rules and regulations shall provide that a
24    prisoner who is serving a term of imprisonment shall
25    receive one day of sentence credit for each day of his or
26    her sentence of imprisonment or recommitment under Section

 

 

HB0353- 60 -LRB099 06157 RLC 27269 b

1    3-3-9. Each day of sentence credit shall reduce by one day
2    the prisoner's period of imprisonment or recommitment
3    under Section 3-3-9.
4        (2.2) A prisoner serving a term of natural life
5    imprisonment or a prisoner who has been sentenced to death
6    shall receive no sentence credit.
7        (2.3) The rules and regulations on sentence credit
8    shall provide that a prisoner who is serving a sentence for
9    aggravated driving under the influence of alcohol, other
10    drug or drugs, or intoxicating compound or compounds, or
11    any combination thereof as defined in subparagraph (F) of
12    paragraph (1) of subsection (d) of Section 11-501 of the
13    Illinois Vehicle Code, shall receive no more than 4.5 days
14    of sentence credit for each month of his or her sentence of
15    imprisonment.
16        (2.4) The rules and regulations on sentence credit
17    shall provide with respect to the offenses of aggravated
18    battery with a machine gun or a firearm equipped with any
19    device or attachment designed or used for silencing the
20    report of a firearm or aggravated discharge of a machine
21    gun or a firearm equipped with any device or attachment
22    designed or used for silencing the report of a firearm,
23    committed on or after July 15, 1999 (the effective date of
24    Public Act 91-121), that a prisoner serving a sentence for
25    any of these offenses shall receive no more than 4.5 days
26    of sentence credit for each month of his or her sentence of

 

 

HB0353- 61 -LRB099 06157 RLC 27269 b

1    imprisonment.
2        (2.5) The rules and regulations on sentence credit
3    shall provide that a prisoner who is serving a sentence for
4    aggravated arson committed on or after July 27, 2001 (the
5    effective date of Public Act 92-176) shall receive no more
6    than 4.5 days of sentence credit for each month of his or
7    her sentence of imprisonment.
8        (2.6) The rules and regulations on sentence credit
9    shall provide that a prisoner who is serving a sentence for
10    aggravated driving under the influence of alcohol, other
11    drug or drugs, or intoxicating compound or compounds or any
12    combination thereof as defined in subparagraph (C) of
13    paragraph (1) of subsection (d) of Section 11-501 of the
14    Illinois Vehicle Code committed on or after January 1, 2011
15    (the effective date of Public Act 96-1230) shall receive no
16    more than 4.5 days of sentence credit for each month of his
17    or her sentence of imprisonment.
18        (3) The rules and regulations shall also provide that
19    the Director may award up to 180 days additional sentence
20    credit for good conduct in specific instances as the
21    Director deems proper. The good conduct may include, but is
22    not limited to, compliance with the rules and regulations
23    of the Department, service to the Department, service to a
24    community, or service to the State. However, the Director
25    shall not award more than 90 days of sentence credit for
26    good conduct to any prisoner who is serving a sentence for

 

 

HB0353- 62 -LRB099 06157 RLC 27269 b

1    conviction of first degree murder, reckless homicide while
2    under the influence of alcohol or any other drug, or
3    aggravated driving under the influence of alcohol, other
4    drug or drugs, or intoxicating compound or compounds, or
5    any combination thereof as defined in subparagraph (F) of
6    paragraph (1) of subsection (d) of Section 11-501 of the
7    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
8    predatory criminal sexual assault of a child, aggravated
9    criminal sexual assault, criminal sexual assault, deviate
10    sexual assault, aggravated criminal sexual abuse,
11    aggravated indecent liberties with a child, indecent
12    liberties with a child, child pornography, heinous battery
13    as described in Section 12-4.1 or subdivision (a)(2) of
14    Section 12-3.05, aggravated battery of a spouse,
15    aggravated battery of a spouse with a firearm, stalking,
16    aggravated stalking, aggravated battery of a child as
17    described in Section 12-4.3 or subdivision (b)(1) of
18    Section 12-3.05, endangering the life or health of a child,
19    or cruelty to a child. Notwithstanding the foregoing,
20    sentence credit for good conduct shall not be awarded on a
21    sentence of imprisonment imposed for conviction of: (i) one
22    of the offenses enumerated in subdivision (a)(2)(i), (ii),
23    or (iii) when the offense is committed on or after June 19,
24    1998 or subdivision (a)(2)(iv) when the offense is
25    committed on or after June 23, 2005 (the effective date of
26    Public Act 94-71) or subdivision (a)(2)(v) when the offense

 

 

HB0353- 63 -LRB099 06157 RLC 27269 b

1    is committed on or after August 13, 2007 (the effective
2    date of Public Act 95-134) or subdivision (a)(2)(vi) when
3    the offense is committed on or after June 1, 2008 (the
4    effective date of Public Act 95-625) or subdivision
5    (a)(2)(vii) when the offense is committed on or after July
6    23, 2010 (the effective date of Public Act 96-1224), (ii)
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds, or
9    any combination thereof as defined in subparagraph (F) of
10    paragraph (1) of subsection (d) of Section 11-501 of the
11    Illinois Vehicle Code, (iii) one of the offenses enumerated
12    in subdivision (a)(2.4) when the offense is committed on or
13    after July 15, 1999 (the effective date of Public Act
14    91-121), (iv) aggravated arson when the offense is
15    committed on or after July 27, 2001 (the effective date of
16    Public Act 92-176), (v) offenses that may subject the
17    offender to commitment under the Sexually Violent Persons
18    Commitment Act, or (vi) aggravated driving under the
19    influence of alcohol, other drug or drugs, or intoxicating
20    compound or compounds or any combination thereof as defined
21    in subparagraph (C) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code committed on or
23    after January 1, 2011 (the effective date of Public Act
24    96-1230).
25    Eligible inmates for an award of sentence credit under this
26paragraph (3) may be selected to receive the credit at the

 

 

HB0353- 64 -LRB099 06157 RLC 27269 b

1Director's or his or her designee's sole discretion.
2Consideration may be based on, but not limited to, any
3available risk assessment analysis on the inmate, any history
4of conviction for violent crimes as defined by the Rights of
5Crime Victims and Witnesses Act, facts and circumstances of the
6inmate's holding offense or offenses, and the potential for
7rehabilitation.
8    The Director shall not award sentence credit under this
9paragraph (3) to an inmate unless the inmate has served a
10minimum of 60 days of the sentence; except nothing in this
11paragraph shall be construed to permit the Director to extend
12an inmate's sentence beyond that which was imposed by the
13court. Prior to awarding credit under this paragraph (3), the
14Director shall make a written determination that the inmate:
15            (A) is eligible for the sentence credit;
16            (B) has served a minimum of 60 days, or as close to
17        60 days as the sentence will allow; and
18            (C) has met the eligibility criteria established
19        by rule.
20        The Director shall determine the form and content of
21    the written determination required in this subsection.
22        (3.5) The Department shall provide annual written
23    reports to the Governor and the General Assembly on the
24    award of sentence credit for good conduct, with the first
25    report due January 1, 2014. The Department must publish
26    both reports on its website within 48 hours of transmitting

 

 

HB0353- 65 -LRB099 06157 RLC 27269 b

1    the reports to the Governor and the General Assembly. The
2    reports must include:
3            (A) the number of inmates awarded sentence credit
4        for good conduct;
5            (B) the average amount of sentence credit for good
6        conduct awarded;
7            (C) the holding offenses of inmates awarded
8        sentence credit for good conduct; and
9            (D) the number of sentence credit for good conduct
10        revocations.
11        (4) The rules and regulations shall also provide that
12    the sentence credit accumulated and retained under
13    paragraph (2.1) of subsection (a) of this Section by any
14    inmate during specific periods of time in which such inmate
15    is engaged full-time in substance abuse programs,
16    correctional industry assignments, educational programs,
17    behavior modification programs, life skills courses, or
18    re-entry planning provided by the Department under this
19    paragraph (4) and satisfactorily completes the assigned
20    program as determined by the standards of the Department,
21    shall be multiplied by a factor of 1.25 for program
22    participation before August 11, 1993 and 1.50 for program
23    participation on or after that date. The rules and
24    regulations shall also provide that sentence credit,
25    subject to the same offense limits and multiplier provided
26    in this paragraph, may be provided to an inmate who was

 

 

HB0353- 66 -LRB099 06157 RLC 27269 b

1    held in pre-trial detention prior to his or her current
2    commitment to the Department of Corrections and
3    successfully completed a full-time, 60-day or longer
4    substance abuse program, educational program, behavior
5    modification program, life skills course, or re-entry
6    planning provided by the county department of corrections
7    or county jail. Calculation of this county program credit
8    shall be done at sentencing as provided in Section
9    5-4.5-100 of this Code and shall be included in the
10    sentencing order. However, no inmate shall be eligible for
11    the additional sentence credit under this paragraph (4) or
12    (4.1) of this subsection (a) while assigned to a boot camp
13    or electronic detention, or if convicted of an offense
14    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
15    Section that is committed on or after June 19, 1998 or
16    subdivision (a)(2)(iv) of this Section that is committed on
17    or after June 23, 2005 (the effective date of Public Act
18    94-71) or subdivision (a)(2)(v) of this Section that is
19    committed on or after August 13, 2007 (the effective date
20    of Public Act 95-134) or subdivision (a)(2)(vi) when the
21    offense is committed on or after June 1, 2008 (the
22    effective date of Public Act 95-625) or subdivision
23    (a)(2)(vii) when the offense is committed on or after July
24    23, 2010 (the effective date of Public Act 96-1224), or if
25    convicted of aggravated driving under the influence of
26    alcohol, other drug or drugs, or intoxicating compound or

 

 

HB0353- 67 -LRB099 06157 RLC 27269 b

1    compounds or any combination thereof as defined in
2    subparagraph (F) of paragraph (1) of subsection (d) of
3    Section 11-501 of the Illinois Vehicle Code, or if
4    convicted of aggravated driving under the influence of
5    alcohol, other drug or drugs, or intoxicating compound or
6    compounds or any combination thereof as defined in
7    subparagraph (C) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code committed on or
9    after January 1, 2011 (the effective date of Public Act
10    96-1230), or if convicted of an offense enumerated in
11    paragraph (a)(2.4) of this Section that is committed on or
12    after July 15, 1999 (the effective date of Public Act
13    91-121), or first degree murder, a Class X felony, criminal
14    sexual assault, felony criminal sexual abuse, aggravated
15    criminal sexual abuse, aggravated battery with a firearm as
16    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
17    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
18    successor offenses with the same or substantially the same
19    elements, or any inchoate offenses relating to the
20    foregoing offenses. No inmate shall be eligible for the
21    additional good conduct credit under this paragraph (4) who
22    (i) has previously received increased good conduct credit
23    under this paragraph (4) and has subsequently been
24    convicted of a felony, or (ii) has previously served more
25    than one prior sentence of imprisonment for a felony in an
26    adult correctional facility.

 

 

HB0353- 68 -LRB099 06157 RLC 27269 b

1        Educational, vocational, substance abuse, behavior
2    modification programs, life skills courses, re-entry
3    planning, and correctional industry programs under which
4    sentence credit may be increased under this paragraph (4)
5    and paragraph (4.1) of this subsection (a) shall be
6    evaluated by the Department on the basis of documented
7    standards. The Department shall report the results of these
8    evaluations to the Governor and the General Assembly by
9    September 30th of each year. The reports shall include data
10    relating to the recidivism rate among program
11    participants.
12        Availability of these programs shall be subject to the
13    limits of fiscal resources appropriated by the General
14    Assembly for these purposes. Eligible inmates who are
15    denied immediate admission shall be placed on a waiting
16    list under criteria established by the Department. The
17    inability of any inmate to become engaged in any such
18    programs by reason of insufficient program resources or for
19    any other reason established under the rules and
20    regulations of the Department shall not be deemed a cause
21    of action under which the Department or any employee or
22    agent of the Department shall be liable for damages to the
23    inmate.
24        (4.1) The rules and regulations shall also provide that
25    an additional 60 days of sentence credit shall be awarded
26    to any prisoner who passes high school equivalency testing

 

 

HB0353- 69 -LRB099 06157 RLC 27269 b

1    while the prisoner is committed to the Department of
2    Corrections. The sentence credit awarded under this
3    paragraph (4.1) shall be in addition to, and shall not
4    affect, the award of sentence credit under any other
5    paragraph of this Section, but shall also be pursuant to
6    the guidelines and restrictions set forth in paragraph (4)
7    of subsection (a) of this Section. The sentence credit
8    provided for in this paragraph shall be available only to
9    those prisoners who have not previously earned a high
10    school diploma or a high school equivalency certificate.
11    If, after an award of the high school equivalency testing
12    sentence credit has been made, the Department determines
13    that the prisoner was not eligible, then the award shall be
14    revoked. The Department may also award 60 days of sentence
15    credit to any committed person who passed high school
16    equivalency testing while he or she was held in pre-trial
17    detention prior to the current commitment to the Department
18    of Corrections.
19        (4.5) The rules and regulations on sentence credit
20    shall also provide that when the court's sentencing order
21    recommends a prisoner for substance abuse treatment and the
22    crime was committed on or after September 1, 2003 (the
23    effective date of Public Act 93-354), the prisoner shall
24    receive no sentence credit awarded under clause (3) of this
25    subsection (a) unless he or she participates in and
26    completes a substance abuse treatment program. The

 

 

HB0353- 70 -LRB099 06157 RLC 27269 b

1    Director may waive the requirement to participate in or
2    complete a substance abuse treatment program and award the
3    sentence credit in specific instances if the prisoner is
4    not a good candidate for a substance abuse treatment
5    program for medical, programming, or operational reasons.
6    Availability of substance abuse treatment shall be subject
7    to the limits of fiscal resources appropriated by the
8    General Assembly for these purposes. If treatment is not
9    available and the requirement to participate and complete
10    the treatment has not been waived by the Director, the
11    prisoner shall be placed on a waiting list under criteria
12    established by the Department. The Director may allow a
13    prisoner placed on a waiting list to participate in and
14    complete a substance abuse education class or attend
15    substance abuse self-help meetings in lieu of a substance
16    abuse treatment program. A prisoner on a waiting list who
17    is not placed in a substance abuse program prior to release
18    may be eligible for a waiver and receive sentence credit
19    under clause (3) of this subsection (a) at the discretion
20    of the Director.
21        (4.6) The rules and regulations on sentence credit
22    shall also provide that a prisoner who has been convicted
23    of a sex offense as defined in Section 2 of the Sex
24    Offender Registration Act shall receive no sentence credit
25    unless he or she either has successfully completed or is
26    participating in sex offender treatment as defined by the

 

 

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1    Sex Offender Management Board. However, prisoners who are
2    waiting to receive treatment, but who are unable to do so
3    due solely to the lack of resources on the part of the
4    Department, may, at the Director's sole discretion, be
5    awarded sentence credit at a rate as the Director shall
6    determine.
7        (5) Whenever the Department is to release any inmate
8    earlier than it otherwise would because of a grant of
9    sentence credit for good conduct under paragraph (3) of
10    subsection (a) of this Section given at any time during the
11    term, the Department shall give reasonable notice of the
12    impending release not less than 14 days prior to the date
13    of the release to the State's Attorney of the county where
14    the prosecution of the inmate took place, and if
15    applicable, the State's Attorney of the county into which
16    the inmate will be released. The Department must also make
17    identification information and a recent photo of the inmate
18    being released accessible on the Internet by means of a
19    hyperlink labeled "Community Notification of Inmate Early
20    Release" on the Department's World Wide Web homepage. The
21    identification information shall include the inmate's:
22    name, any known alias, date of birth, physical
23    characteristics, residence address, commitment offense and
24    county where conviction was imposed. The identification
25    information shall be placed on the website within 3 days of
26    the inmate's release and the information may not be removed

 

 

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1    until either: completion of the first year of mandatory
2    supervised release or return of the inmate to custody of
3    the Department.
4    (b) Whenever a person is or has been committed under
5several convictions, with separate sentences, the sentences
6shall be construed under Section 5-8-4 in granting and
7forfeiting of sentence credit.
8    (c) The Department shall prescribe rules and regulations
9for revoking sentence credit, including revoking sentence
10credit awarded for good conduct under paragraph (3) of
11subsection (a) of this Section. The Department shall prescribe
12rules and regulations for suspending or reducing the rate of
13accumulation of sentence credit for specific rule violations,
14during imprisonment. These rules and regulations shall provide
15that no inmate may be penalized more than one year of sentence
16credit for any one infraction.
17    When the Department seeks to revoke, suspend or reduce the
18rate of accumulation of any sentence credits for an alleged
19infraction of its rules, it shall bring charges therefor
20against the prisoner sought to be so deprived of sentence
21credits before the Prisoner Review Board as provided in
22subparagraph (a)(4) of Section 3-3-2 of this Code, if the
23amount of credit at issue exceeds 30 days or when during any 12
24month period, the cumulative amount of credit revoked exceeds
2530 days except where the infraction is committed or discovered
26within 60 days of scheduled release. In those cases, the

 

 

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1Department of Corrections may revoke up to 30 days of sentence
2credit. The Board may subsequently approve the revocation of
3additional sentence credit, if the Department seeks to revoke
4sentence credit in excess of 30 days. However, the Board shall
5not be empowered to review the Department's decision with
6respect to the loss of 30 days of sentence credit within any
7calendar year for any prisoner or to increase any penalty
8beyond the length requested by the Department.
9    The Director of the Department of Corrections, in
10appropriate cases, may restore up to 30 days of sentence
11credits which have been revoked, suspended or reduced. Any
12restoration of sentence credits in excess of 30 days shall be
13subject to review by the Prisoner Review Board. However, the
14Board may not restore sentence credit in excess of the amount
15requested by the Director.
16    Nothing contained in this Section shall prohibit the
17Prisoner Review Board from ordering, pursuant to Section
183-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
19sentence imposed by the court that was not served due to the
20accumulation of sentence credit.
21    (d) If a lawsuit is filed by a prisoner in an Illinois or
22federal court against the State, the Department of Corrections,
23or the Prisoner Review Board, or against any of their officers
24or employees, and the court makes a specific finding that a
25pleading, motion, or other paper filed by the prisoner is
26frivolous, the Department of Corrections shall conduct a

 

 

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

 

 

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1        investigation or discovery; or
2            (E) the denials of factual contentions are not
3        warranted on the evidence, or if specifically so
4        identified, are not reasonably based on a lack of
5        information or belief.
6        (2) "Lawsuit" means a motion pursuant to Section 116-3
7    of the Code of Criminal Procedure of 1963, a habeas corpus
8    action under Article X of the Code of Civil Procedure or
9    under federal law (28 U.S.C. 2254), a petition for claim
10    under the Court of Claims Act, an action under the federal
11    Civil Rights Act (42 U.S.C. 1983), or a second or
12    subsequent petition for post-conviction relief under
13    Article 122 of the Code of Criminal Procedure of 1963
14    whether filed with or without leave of court or a second or
15    subsequent petition for relief from judgment under Section
16    2-1401 of the Code of Civil Procedure.
17    (e) Nothing in Public Act 90-592 or 90-593 affects the
18validity of Public Act 89-404.
19    (f) Whenever the Department is to release any inmate who
20has been convicted of a violation of an order of protection
21under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
22the Criminal Code of 2012, earlier than it otherwise would
23because of a grant of sentence credit, the Department, as a
24condition of release, shall require that the person, upon
25release, be placed under electronic surveillance as provided in
26Section 5-8A-7 of this Code.

 

 

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1(Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12;
297-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
31-1-15.)
 
4    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
5    Sec. 5-5-3. Disposition.
6    (a) (Blank).
7    (b) (Blank).
8    (c) (1) (Blank).
9    (2) A period of probation, a term of periodic imprisonment
10or conditional discharge shall not be imposed for the following
11offenses. The court shall sentence the offender to not less
12than the minimum term of imprisonment set forth in this Code
13for the following offenses, and may order a fine or restitution
14or both in conjunction with such term of imprisonment:
15        (A) First degree murder where the death penalty is not
16    imposed.
17        (B) Attempted first degree murder.
18        (C) A Class X felony.
19        (D) A violation of Section 401.1 or 407 of the Illinois
20    Controlled Substances Act, or a violation of subdivision
21    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
22    to more than 5 grams of a substance containing cocaine,
23    fentanyl, or an analog thereof.
24        (D-5) A violation of subdivision (c)(1) of Section 401
25    of the Illinois Controlled Substances Act which relates to

 

 

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1    3 or more grams of a substance containing heroin or an
2    analog thereof.
3        (E) A violation of Section 5.1 or 9 of the Cannabis
4    Control Act.
5        (F) A Class 2 or greater felony if the offender had
6    been convicted of a Class 2 or greater felony, including
7    any state or federal conviction for an offense that
8    contained, at the time it was committed, the same elements
9    as an offense now (the date of the offense committed after
10    the prior Class 2 or greater felony) classified as a Class
11    2 or greater felony, within 10 years of the date on which
12    the offender committed the offense for which he or she is
13    being sentenced, except as otherwise provided in Section
14    40-10 of the Alcoholism and Other Drug Abuse and Dependency
15    Act.
16        (F-5) A violation of Section 24-1, 24-1.1, 24-1.1-5, or
17    24-1.6 of the Criminal Code of 1961 or the Criminal Code of
18    2012 for which imprisonment is prescribed in those
19    Sections.
20        (G) Residential burglary, except as otherwise provided
21    in Section 40-10 of the Alcoholism and Other Drug Abuse and
22    Dependency Act.
23        (H) Criminal sexual assault.
24        (I) Aggravated battery of a senior citizen as described
25    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
26    of the Criminal Code of 1961 or the Criminal Code of 2012.

 

 

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

 

 

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

 

 

HB0353- 80 -LRB099 06157 RLC 27269 b

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

 

 

HB0353- 81 -LRB099 06157 RLC 27269 b

1    Criminal Code of 1961 or the Criminal Code of 2012 if the
2    firearm is aimed toward the person against whom the firearm
3    is being used.
4    (3) (Blank).
5    (4) A minimum term of imprisonment of not less than 10
6consecutive days or 30 days of community service shall be
7imposed for a violation of paragraph (c) of Section 6-303 of
8the Illinois Vehicle Code.
9    (4.1) (Blank).
10    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
11this subsection (c), a minimum of 100 hours of community
12service shall be imposed for a second violation of Section
136-303 of the Illinois Vehicle Code.
14    (4.3) A minimum term of imprisonment of 30 days or 300
15hours of community service, as determined by the court, shall
16be imposed for a second violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18    (4.4) Except as provided in paragraphs (4.5), (4.6), and
19(4.9) of this subsection (c), a minimum term of imprisonment of
2030 days or 300 hours of community service, as determined by the
21court, shall be imposed for a third or subsequent violation of
22Section 6-303 of the Illinois Vehicle Code.
23    (4.5) A minimum term of imprisonment of 30 days shall be
24imposed for a third violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26    (4.6) Except as provided in paragraph (4.10) of this

 

 

HB0353- 82 -LRB099 06157 RLC 27269 b

1subsection (c), a minimum term of imprisonment of 180 days
2shall be imposed for a fourth or subsequent violation of
3subsection (c) of Section 6-303 of the Illinois Vehicle Code.
4    (4.7) A minimum term of imprisonment of not less than 30
5consecutive days, or 300 hours of community service, shall be
6imposed for a violation of subsection (a-5) of Section 6-303 of
7the Illinois Vehicle Code, as provided in subsection (b-5) of
8that Section.
9    (4.8) A mandatory prison sentence shall be imposed for a
10second violation of subsection (a-5) of Section 6-303 of the
11Illinois Vehicle Code, as provided in subsection (c-5) of that
12Section. The person's driving privileges shall be revoked for a
13period of not less than 5 years from the date of his or her
14release from prison.
15    (4.9) A mandatory prison sentence of not less than 4 and
16not more than 15 years shall be imposed for a third violation
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle
18Code, as provided in subsection (d-2.5) of that Section. The
19person's driving privileges shall be revoked for the remainder
20of his or her life.
21    (4.10) A mandatory prison sentence for a Class 1 felony
22shall be imposed, and the person shall be eligible for an
23extended term sentence, for a fourth or subsequent violation of
24subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
25as provided in subsection (d-3.5) of that Section. The person's
26driving privileges shall be revoked for the remainder of his or

 

 

HB0353- 83 -LRB099 06157 RLC 27269 b

1her life.
2    (5) The court may sentence a corporation or unincorporated
3association convicted of any offense to:
4        (A) a period of conditional discharge;
5        (B) a fine;
6        (C) make restitution to the victim under Section 5-5-6
7    of this Code.
8    (5.1) In addition to any other penalties imposed, and
9except as provided in paragraph (5.2) or (5.3), a person
10convicted of violating subsection (c) of Section 11-907 of the
11Illinois Vehicle Code shall have his or her driver's license,
12permit, or privileges suspended for at least 90 days but not
13more than one year, if the violation resulted in damage to the
14property of another person.
15    (5.2) In addition to any other penalties imposed, and
16except as provided in paragraph (5.3), a person convicted of
17violating subsection (c) of Section 11-907 of the Illinois
18Vehicle Code shall have his or her driver's license, permit, or
19privileges suspended for at least 180 days but not more than 2
20years, if the violation resulted in injury to another person.
21    (5.3) In addition to any other penalties imposed, a person
22convicted of violating subsection (c) of Section 11-907 of the
23Illinois Vehicle Code shall have his or her driver's license,
24permit, or privileges suspended for 2 years, if the violation
25resulted in the death of another person.
26    (5.4) In addition to any other penalties imposed, a person

 

 

HB0353- 84 -LRB099 06157 RLC 27269 b

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

 

 

HB0353- 85 -LRB099 06157 RLC 27269 b

1the sports official or coach was an active participant of the
2athletic contest held at the athletic facility. For the
3purposes of this paragraph (11), "sports official" means a
4person at an athletic contest who enforces the rules of the
5contest, such as an umpire or referee; "athletic facility"
6means an indoor or outdoor playing field or recreational area
7where sports activities are conducted; and "coach" means a
8person recognized as a coach by the sanctioning authority that
9conducted the sporting event.
10    (12) A person may not receive a disposition of court
11supervision for a violation of Section 5-16 of the Boat
12Registration and Safety Act if that person has previously
13received a disposition of court supervision for a violation of
14that Section.
15    (13) A person convicted of or placed on court supervision
16for an assault or aggravated assault when the victim and the
17offender are family or household members as defined in Section
18103 of the Illinois Domestic Violence Act of 1986 or convicted
19of domestic battery or aggravated domestic battery may be
20required to attend a Partner Abuse Intervention Program under
21protocols set forth by the Illinois Department of Human
22Services under such terms and conditions imposed by the court.
23The costs of such classes shall be paid by the offender.
24    (d) In any case in which a sentence originally imposed is
25vacated, the case shall be remanded to the trial court. The
26trial court shall hold a hearing under Section 5-4-1 of the

 

 

HB0353- 86 -LRB099 06157 RLC 27269 b

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

 

 

HB0353- 87 -LRB099 06157 RLC 27269 b

1            (B) the defendant is willing to participate in a
2        court approved plan including but not limited to the
3        defendant's:
4                (i) removal from the household;
5                (ii) restricted contact with the victim;
6                (iii) continued financial support of the
7            family;
8                (iv) restitution for harm done to the victim;
9            and
10                (v) compliance with any other measures that
11            the court may deem appropriate; and
12        (2) the court orders the defendant to pay for the
13    victim's counseling services, to the extent that the court
14    finds, after considering the defendant's income and
15    assets, that the defendant is financially capable of paying
16    for such services, if the victim was under 18 years of age
17    at the time the offense was committed and requires
18    counseling as a result of the offense.
19    Probation may be revoked or modified pursuant to Section
205-6-4; except where the court determines at the hearing that
21the defendant violated a condition of his or her probation
22restricting contact with the victim or other family members or
23commits another offense with the victim or other family
24members, the court shall revoke the defendant's probation and
25impose a term of imprisonment.
26    For the purposes of this Section, "family member" and

 

 

HB0353- 88 -LRB099 06157 RLC 27269 b

1"victim" shall have the meanings ascribed to them in Section
211-0.1 of the Criminal Code of 2012.
3    (f) (Blank).
4    (g) Whenever a defendant is convicted of an offense under
5Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
611-14.3, 11-14.4 except for an offense that involves keeping a
7place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
912-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
10Criminal Code of 2012, the defendant shall undergo medical
11testing to determine whether the defendant has any sexually
12transmissible disease, including a test for infection with
13human immunodeficiency virus (HIV) or any other identified
14causative agent of acquired immunodeficiency syndrome (AIDS).
15Any such medical test shall be performed only by appropriately
16licensed medical practitioners and may include an analysis of
17any bodily fluids as well as an examination of the defendant's
18person. Except as otherwise provided by law, the results of
19such test shall be kept strictly confidential by all medical
20personnel involved in the testing and must be personally
21delivered in a sealed envelope to the judge of the court in
22which the conviction was entered for the judge's inspection in
23camera. Acting in accordance with the best interests of the
24victim and the public, the judge shall have the discretion to
25determine to whom, if anyone, the results of the testing may be
26revealed. The court shall notify the defendant of the test

 

 

HB0353- 89 -LRB099 06157 RLC 27269 b

1results. The court shall also notify the victim if requested by
2the victim, and if the victim is under the age of 15 and if
3requested by the victim's parents or legal guardian, the court
4shall notify the victim's parents or legal guardian of the test
5results. The court shall provide information on the
6availability of HIV testing and counseling at Department of
7Public Health facilities to all parties to whom the results of
8the testing are revealed and shall direct the State's Attorney
9to provide the information to the victim when possible. A
10State's Attorney may petition the court to obtain the results
11of any HIV test administered under this Section, and the court
12shall grant the disclosure if the State's Attorney shows it is
13relevant in order to prosecute a charge of criminal
14transmission of HIV under Section 12-5.01 or 12-16.2 of the
15Criminal Code of 1961 or the Criminal Code of 2012 against the
16defendant. The court shall order that the cost of any such test
17shall be paid by the county and may be taxed as costs against
18the convicted defendant.
19    (g-5) When an inmate is tested for an airborne communicable
20disease, as determined by the Illinois Department of Public
21Health including but not limited to tuberculosis, the results
22of the test shall be personally delivered by the warden or his
23or her designee in a sealed envelope to the judge of the court
24in which the inmate must appear for the judge's inspection in
25camera if requested by the judge. Acting in accordance with the
26best interests of those in the courtroom, the judge shall have

 

 

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

 

 

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1charge of criminal transmission of HIV under Section 12-5.01 or
212-16.2 of the Criminal Code of 1961 or the Criminal Code of
32012 against the defendant. The court shall order that the cost
4of any such test shall be paid by the county and may be taxed as
5costs against the convicted defendant.
6    (i) All fines and penalties imposed under this Section for
7any violation of Chapters 3, 4, 6, and 11 of the Illinois
8Vehicle Code, or a similar provision of a local ordinance, and
9any violation of the Child Passenger Protection Act, or a
10similar provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under Section 27.5
12of the Clerks of Courts Act.
13    (j) In cases when prosecution for any violation of Section
1411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
19Code of 2012, any violation of the Illinois Controlled
20Substances Act, any violation of the Cannabis Control Act, or
21any violation of the Methamphetamine Control and Community
22Protection Act results in conviction, a disposition of court
23supervision, or an order of probation granted under Section 10
24of the Cannabis Control Act, Section 410 of the Illinois
25Controlled Substances Act, or Section 70 of the Methamphetamine
26Control and Community Protection Act of a defendant, the court

 

 

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1shall determine whether the defendant is employed by a facility
2or center as defined under the Child Care Act of 1969, a public
3or private elementary or secondary school, or otherwise works
4with children under 18 years of age on a daily basis. When a
5defendant is so employed, the court shall order the Clerk of
6the Court to send a copy of the judgment of conviction or order
7of supervision or probation to the defendant's employer by
8certified mail. If the employer of the defendant is a school,
9the Clerk of the Court shall direct the mailing of a copy of
10the judgment of conviction or order of supervision or probation
11to the appropriate regional superintendent of schools. The
12regional superintendent of schools shall notify the State Board
13of Education of any notification 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 as
18a condition of his or her sentence be required by the court to
19attend educational courses designed to prepare the defendant
20for a high school diploma and to work toward a high school
21diploma or to work toward passing high school equivalency
22testing or to work toward completing a vocational training
23program offered by the Department of Corrections. If a
24defendant fails to complete the educational training required
25by his or her sentence during the term of incarceration, the
26Prisoner Review Board shall, as a condition of mandatory

 

 

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

 

 

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

 

 

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

 

 

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1substance or alcohol abuse program licensed under that Act.
2    (o) Whenever a person is convicted of a sex offense as
3defined in Section 2 of the Sex Offender Registration Act, the
4defendant's driver's license or permit shall be subject to
5renewal on an annual basis in accordance with the provisions of
6license renewal established by the Secretary of State.
7(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
897-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
91-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
10eff. 7-16-14.)
 
11    (730 ILCS 5/5-9-1.10)
12    Sec. 5-9-1.10. Additional fines. There shall be added to
13every penalty imposed in sentencing for a violation of Sections
1424-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
151961 or the Criminal Code of 2012 an additional fine of $100
16payable to the clerk, which shall be imposed upon the entry of
17a judgment of conviction. This additional fee, less 2 1/2% that
18shall be used to defray administrative costs incurred by the
19clerk, shall be remitted by the clerk to the Treasurer within
2060 days after receipt for deposit into the Trauma Center Fund.
21This additional fee of $100 shall not be considered a part of
22the fine for purposes of any reduction in the fine for time
23served either before or after sentencing. Not later than March
241 of each year the circuit clerk shall submit a report of the
25amount of funds remitted to the State Treasurer under this

 

 

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1Section during the preceding calendar year. All moneys
2collected by the circuit clerk and remitted to the State
3Treasurer under Section 27.6 of the Clerks of Courts Act shall
4be deposited into the Trauma Center Fund for distribution as
5provided under Section 3.225 of the Emergency Medical Services
6(EMS) Systems Act.
7(Source: P.A. 97-1150, eff. 1-25-13.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 46/25
4    625 ILCS 5/6-106.1
5    625 ILCS 5/6-508from Ch. 95 1/2, par. 6-508
6    705 ILCS 105/27.6
7    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
8    720 ILCS 5/24-1.1-5 new
9    720 ILCS 5/24-1.6
10    720 ILCS 5/24-1.8
11    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
12    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
13    730 ILCS 5/5-9-1.10