Illinois General Assembly - Full Text of HB5530
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Full Text of HB5530  102nd General Assembly

HB5530 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5530

 

Introduced 1/31/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4-1  from Ch. 38, par. 1005-4-1
730 ILCS 5/5-5-3

    Amends the Unified Code of Corrections. In provisions that specify offenses for which a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed, provides exceptions for certain offenses in cases in which the offender is under 26 years of age at the time of the offense. Provides that, at a sentencing hearing, the court shall consider the developmental appropriateness of the sentence and apply greater weight to factors of youthfulness such as the diminished culpability of youth and young adults as compared to adults and capacity for growth and maturity.


LRB102 24533 RLC 33767 b

 

 

A BILL FOR

 

HB5530LRB102 24533 RLC 33767 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-4-1 and 5-5-3 as follows:
 
6    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
7    Sec. 5-4-1. Sentencing hearing.
8    (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence.
11However, prior to the imposition of sentence on an individual
12being sentenced for an offense based upon a charge for a
13violation of Section 11-501 of the Illinois Vehicle Code or a
14similar provision of a local ordinance, the individual must
15undergo a professional evaluation to determine if an alcohol
16or other drug abuse problem exists and the extent of such a
17problem. Programs conducting these evaluations shall be
18licensed by the Department of Human Services. However, if the
19individual is not a resident of Illinois, the court may, in its
20discretion, accept an evaluation from a program in the state
21of such individual's residence. The court shall make a
22specific finding about whether the defendant is eligible for
23participation in a Department impact incarceration program as

 

 

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1provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
2explanation as to why a sentence to impact incarceration is
3not an appropriate sentence. The court may in its sentencing
4order recommend a defendant for placement in a Department of
5Corrections substance abuse treatment program as provided in
6paragraph (a) of subsection (1) of Section 3-2-2 conditioned
7upon the defendant being accepted in a program by the
8Department of Corrections. At the hearing the court shall:
9        (1) consider the evidence, if any, received upon the
10    trial;
11        (2) consider any presentence reports;
12        (3) consider the financial impact of incarceration
13    based on the financial impact statement filed with the
14    clerk of the court by the Department of Corrections;
15        (4) consider evidence and information offered by the
16    parties in aggravation and mitigation;
17        (4.5) consider substance abuse treatment, eligibility
18    screening, and an assessment, if any, of the defendant by
19    an agent designated by the State of Illinois to provide
20    assessment services for the Illinois courts;
21        (5) hear arguments as to sentencing alternatives;
22        (6) afford the defendant the opportunity to make a
23    statement in his own behalf;
24        (7) afford the victim of a violent crime or a
25    violation of Section 11-501 of the Illinois Vehicle Code,
26    or a similar provision of a local ordinance, the

 

 

HB5530- 3 -LRB102 24533 RLC 33767 b

1    opportunity to present an oral or written statement, as
2    guaranteed by Article I, Section 8.1 of the Illinois
3    Constitution and provided in Section 6 of the Rights of
4    Crime Victims and Witnesses Act. The court shall allow a
5    victim to make an oral statement if the victim is present
6    in the courtroom and requests to make an oral or written
7    statement. An oral or written statement includes the
8    victim or a representative of the victim reading the
9    written statement. The court may allow persons impacted by
10    the crime who are not victims under subsection (a) of
11    Section 3 of the Rights of Crime Victims and Witnesses Act
12    to present an oral or written statement. A victim and any
13    person making an oral statement shall not be put under
14    oath or subject to cross-examination. All statements
15    offered under this paragraph (7) shall become part of the
16    record of the court. In this paragraph (7), "victim of a
17    violent crime" means a person who is a victim of a violent
18    crime for which the defendant has been convicted after a
19    bench or jury trial or a person who is the victim of a
20    violent crime with which the defendant was charged and the
21    defendant has been convicted under a plea agreement of a
22    crime that is not a violent crime as defined in subsection
23    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
24        (7.5) afford a qualified person affected by: (i) a
25    violation of Section 405, 405.1, 405.2, or 407 of the
26    Illinois Controlled Substances Act or a violation of

 

 

HB5530- 4 -LRB102 24533 RLC 33767 b

1    Section 55 or Section 65 of the Methamphetamine Control
2    and Community Protection Act; or (ii) a Class 4 felony
3    violation of Section 11-14, 11-14.3 except as described in
4    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
5    11-18.1, or 11-19 of the Criminal Code of 1961 or the
6    Criminal Code of 2012, committed by the defendant the
7    opportunity to make a statement concerning the impact on
8    the qualified person and to offer evidence in aggravation
9    or mitigation; provided that the statement and evidence
10    offered in aggravation or mitigation shall first be
11    prepared in writing in conjunction with the State's
12    Attorney before it may be presented orally at the hearing.
13    Sworn testimony offered by the qualified person is subject
14    to the defendant's right to cross-examine. All statements
15    and evidence offered under this paragraph (7.5) shall
16    become part of the record of the court. In this paragraph
17    (7.5), "qualified person" means any person who: (i) lived
18    or worked within the territorial jurisdiction where the
19    offense took place when the offense took place; or (ii) is
20    familiar with various public places within the territorial
21    jurisdiction where the offense took place when the offense
22    took place. "Qualified person" includes any peace officer
23    or any member of any duly organized State, county, or
24    municipal peace officer unit assigned to the territorial
25    jurisdiction where the offense took place when the offense
26    took place;

 

 

HB5530- 5 -LRB102 24533 RLC 33767 b

1        (8) in cases of reckless homicide afford the victim's
2    spouse, guardians, parents or other immediate family
3    members an opportunity to make oral statements;
4        (9) in cases involving a felony sex offense as defined
5    under the Sex Offender Management Board Act, consider the
6    results of the sex offender evaluation conducted pursuant
7    to Section 5-3-2 of this Act; and
8        (10) make a finding of whether a motor vehicle was
9    used in the commission of the offense for which the
10    defendant is being sentenced; and .
11        (11) consider the developmental appropriateness of the
12    sentence and apply greater weight to factors of
13    youthfulness such as the diminished culpability of youth
14    and young adults as compared to adults and capacity for
15    growth and maturity.
16    (b) All sentences shall be imposed by the judge based upon
17his independent assessment of the elements specified above and
18any agreement as to sentence reached by the parties. The judge
19who presided at the trial or the judge who accepted the plea of
20guilty shall impose the sentence unless he is no longer
21sitting as a judge in that court. Where the judge does not
22impose sentence at the same time on all defendants who are
23convicted as a result of being involved in the same offense,
24the defendant or the State's Attorney may advise the
25sentencing court of the disposition of any other defendants
26who have been sentenced.

 

 

HB5530- 6 -LRB102 24533 RLC 33767 b

1    (b-1) In imposing a sentence of imprisonment or periodic
2imprisonment for a Class 3 or Class 4 felony for which a
3sentence of probation or conditional discharge is an available
4sentence, if the defendant has no prior sentence of probation
5or conditional discharge and no prior conviction for a violent
6crime, the defendant shall not be sentenced to imprisonment
7before review and consideration of a presentence report and
8determination and explanation of why the particular evidence,
9information, factor in aggravation, factual finding, or other
10reasons support a sentencing determination that one or more of
11the factors under subsection (a) of Section 5-6-1 of this Code
12apply and that probation or conditional discharge is not an
13appropriate sentence.
14    (c) In imposing a sentence for a violent crime or for an
15offense of operating or being in physical control of a vehicle
16while under the influence of alcohol, any other drug or any
17combination thereof, or a similar provision of a local
18ordinance, when such offense resulted in the personal injury
19to someone other than the defendant, the trial judge shall
20specify on the record the particular evidence, information,
21factors in mitigation and aggravation or other reasons that
22led to his sentencing determination. The full verbatim record
23of the sentencing hearing shall be filed with the clerk of the
24court and shall be a public record.
25    (c-1) In imposing a sentence for the offense of aggravated
26kidnapping for ransom, home invasion, armed robbery,

 

 

HB5530- 7 -LRB102 24533 RLC 33767 b

1aggravated vehicular hijacking, aggravated discharge of a
2firearm, or armed violence with a category I weapon or
3category II weapon, the trial judge shall make a finding as to
4whether the conduct leading to conviction for the offense
5resulted in great bodily harm to a victim, and shall enter that
6finding and the basis for that finding in the record.
7    (c-1.5) Notwithstanding any other provision of law to the
8contrary, in imposing a sentence for an offense that requires
9a mandatory minimum sentence of imprisonment, the court may
10instead sentence the offender to probation, conditional
11discharge, or a lesser term of imprisonment it deems
12appropriate if: (1) the offense involves the use or possession
13of drugs, retail theft, or driving on a revoked license due to
14unpaid financial obligations; (2) the court finds that the
15defendant does not pose a risk to public safety; and (3) the
16interest of justice requires imposing a term of probation,
17conditional discharge, or a lesser term of imprisonment. The
18court must state on the record its reasons for imposing
19probation, conditional discharge, or a lesser term of
20imprisonment.
21    (c-2) If the defendant is sentenced to prison, other than
22when a sentence of natural life imprisonment or a sentence of
23death is imposed, at the time the sentence is imposed the judge
24shall state on the record in open court the approximate period
25of time the defendant will serve in custody according to the
26then current statutory rules and regulations for sentence

 

 

HB5530- 8 -LRB102 24533 RLC 33767 b

1credit found in Section 3-6-3 and other related provisions of
2this Code. This statement is intended solely to inform the
3public, has no legal effect on the defendant's actual release,
4and may not be relied on by the defendant on appeal.
5    The judge's statement, to be given after pronouncing the
6sentence, other than when the sentence is imposed for one of
7the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
8shall include the following:
9    "The purpose of this statement is to inform the public of
10the actual period of time this defendant is likely to spend in
11prison as a result of this sentence. The actual period of
12prison time served is determined by the statutes of Illinois
13as applied to this sentence by the Illinois Department of
14Corrections and the Illinois Prisoner Review Board. In this
15case, assuming the defendant receives all of his or her
16sentence credit, the period of estimated actual custody is ...
17years and ... months, less up to 180 days additional earned
18sentence credit. If the defendant, because of his or her own
19misconduct or failure to comply with the institutional
20regulations, does not receive those credits, the actual time
21served in prison will be longer. The defendant may also
22receive an additional one-half day sentence credit for each
23day of participation in vocational, industry, substance abuse,
24and educational programs as provided for by Illinois statute."
25    When the sentence is imposed for one of the offenses
26enumerated in paragraph (a)(2) of Section 3-6-3, other than

 

 

HB5530- 9 -LRB102 24533 RLC 33767 b

1first degree murder, and the offense was committed on or after
2June 19, 1998, and when the sentence is imposed for reckless
3homicide as defined in subsection (e) of Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012 if the
5offense was committed on or after January 1, 1999, and when the
6sentence is imposed for aggravated driving under the influence
7of alcohol, other drug or drugs, or intoxicating compound or
8compounds, or any combination thereof as defined in
9subparagraph (F) of paragraph (1) of subsection (d) of Section
1011-501 of the Illinois Vehicle Code, and when the sentence is
11imposed for aggravated arson if the offense was committed on
12or after July 27, 2001 (the effective date of Public Act
1392-176), and when the sentence is imposed for aggravated
14driving under the influence of alcohol, other drug or drugs,
15or intoxicating compound or compounds, or any combination
16thereof as defined in subparagraph (C) of paragraph (1) of
17subsection (d) of Section 11-501 of the Illinois Vehicle Code
18committed on or after January 1, 2011 (the effective date of
19Public Act 96-1230), the judge's statement, to be given after
20pronouncing the sentence, shall include the following:
21    "The purpose of this statement is to inform the public of
22the actual period of time this defendant is likely to spend in
23prison as a result of this sentence. The actual period of
24prison time served is determined by the statutes of Illinois
25as applied to this sentence by the Illinois Department of
26Corrections and the Illinois Prisoner Review Board. In this

 

 

HB5530- 10 -LRB102 24533 RLC 33767 b

1case, the defendant is entitled to no more than 4 1/2 days of
2sentence credit for each month of his or her sentence of
3imprisonment. Therefore, this defendant will serve at least
485% of his or her sentence. Assuming the defendant receives 4
51/2 days credit for each month of his or her sentence, the
6period of estimated actual custody is ... years and ...
7months. If the defendant, because of his or her own misconduct
8or failure to comply with the institutional regulations
9receives lesser credit, the actual time served in prison will
10be longer."
11    When a sentence of imprisonment is imposed for first
12degree murder and the offense was committed on or after June
1319, 1998, the judge's statement, to be given after pronouncing
14the sentence, shall include the following:
15    "The purpose of this statement is to inform the public of
16the actual period of time this defendant is likely to spend in
17prison as a result of this sentence. The actual period of
18prison time served is determined by the statutes of Illinois
19as applied to this sentence by the Illinois Department of
20Corrections and the Illinois Prisoner Review Board. In this
21case, the defendant is not entitled to sentence credit.
22Therefore, this defendant will serve 100% of his or her
23sentence."
24    When the sentencing order recommends placement in a
25substance abuse program for any offense that results in
26incarceration in a Department of Corrections facility and the

 

 

HB5530- 11 -LRB102 24533 RLC 33767 b

1crime was committed on or after September 1, 2003 (the
2effective date of Public Act 93-354), the judge's statement,
3in addition to any other judge's statement required under this
4Section, to be given after pronouncing the sentence, shall
5include the following:
6    "The purpose of this statement is to inform the public of
7the actual period of time this defendant is likely to spend in
8prison as a result of this sentence. The actual period of
9prison time served is determined by the statutes of Illinois
10as applied to this sentence by the Illinois Department of
11Corrections and the Illinois Prisoner Review Board. In this
12case, the defendant shall receive no earned sentence credit
13under clause (3) of subsection (a) of Section 3-6-3 until he or
14she participates in and completes a substance abuse treatment
15program or receives a waiver from the Director of Corrections
16pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
17    (c-4) Before the sentencing hearing and as part of the
18presentence investigation under Section 5-3-1, the court shall
19inquire of the defendant whether the defendant is currently
20serving in or is a veteran of the Armed Forces of the United
21States. If the defendant is currently serving in the Armed
22Forces of the United States or is a veteran of the Armed Forces
23of the United States and has been diagnosed as having a mental
24illness by a qualified psychiatrist or clinical psychologist
25or physician, the court may:
26        (1) order that the officer preparing the presentence

 

 

HB5530- 12 -LRB102 24533 RLC 33767 b

1    report consult with the United States Department of
2    Veterans Affairs, Illinois Department of Veterans'
3    Affairs, or another agency or person with suitable
4    knowledge or experience for the purpose of providing the
5    court with information regarding treatment options
6    available to the defendant, including federal, State, and
7    local programming; and
8        (2) consider the treatment recommendations of any
9    diagnosing or treating mental health professionals
10    together with the treatment options available to the
11    defendant in imposing sentence.
12    For the purposes of this subsection (c-4), "qualified
13psychiatrist" means a reputable physician licensed in Illinois
14to practice medicine in all its branches, who has specialized
15in the diagnosis and treatment of mental and nervous disorders
16for a period of not less than 5 years.
17    (c-6) In imposing a sentence, the trial judge shall
18specify, on the record, the particular evidence and other
19reasons which led to his or her determination that a motor
20vehicle was used in the commission of the offense.
21    (c-7) In imposing a sentence for a Class 3 or 4 felony,
22other than a violent crime as defined in Section 3 of the
23Rights of Crime Victims and Witnesses Act, the court shall
24determine and indicate in the sentencing order whether the
25defendant has 4 or more or fewer than 4 months remaining on his
26or her sentence accounting for time served.

 

 

HB5530- 13 -LRB102 24533 RLC 33767 b

1    (d) When the defendant is committed to the Department of
2Corrections, the State's Attorney shall and counsel for the
3defendant may file a statement with the clerk of the court to
4be transmitted to the department, agency or institution to
5which the defendant is committed to furnish such department,
6agency or institution with the facts and circumstances of the
7offense for which the person was committed together with all
8other factual information accessible to them in regard to the
9person prior to his commitment relative to his habits,
10associates, disposition and reputation and any other facts and
11circumstances which may aid such department, agency or
12institution during its custody of such person. The clerk shall
13within 10 days after receiving any such statements transmit a
14copy to such department, agency or institution and a copy to
15the other party, provided, however, that this shall not be
16cause for delay in conveying the person to the department,
17agency or institution to which he has been committed.
18    (e) The clerk of the court shall transmit to the
19department, agency or institution, if any, to which the
20defendant is committed, the following:
21        (1) the sentence imposed;
22        (2) any statement by the court of the basis for
23    imposing the sentence;
24        (3) any presentence reports;
25        (3.5) any sex offender evaluations;
26        (3.6) any substance abuse treatment eligibility

 

 

HB5530- 14 -LRB102 24533 RLC 33767 b

1    screening and assessment of the defendant by an agent
2    designated by the State of Illinois to provide assessment
3    services for the Illinois courts;
4        (4) the number of days, if any, which the defendant
5    has been in custody and for which he is entitled to credit
6    against the sentence, which information shall be provided
7    to the clerk by the sheriff;
8        (4.1) any finding of great bodily harm made by the
9    court with respect to an offense enumerated in subsection
10    (c-1);
11        (5) all statements filed under subsection (d) of this
12    Section;
13        (6) any medical or mental health records or summaries
14    of the defendant;
15        (7) the municipality where the arrest of the offender
16    or the commission of the offense has occurred, where such
17    municipality has a population of more than 25,000 persons;
18        (8) all statements made and evidence offered under
19    paragraph (7) of subsection (a) of this Section; and
20        (9) all additional matters which the court directs the
21    clerk to transmit.
22    (f) In cases in which the court finds that a motor vehicle
23was used in the commission of the offense for which the
24defendant is being sentenced, the clerk of the court shall,
25within 5 days thereafter, forward a report of such conviction
26to the Secretary of State.

 

 

HB5530- 15 -LRB102 24533 RLC 33767 b

1(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
2101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281,
3eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21;
4revised 11-22-21.)
 
5    (730 ILCS 5/5-5-3)
6    Sec. 5-5-3. Disposition.
7    (a) (Blank).
8    (b) (Blank).
9    (c) (1) (Blank).
10    (2) A period of probation, a term of periodic imprisonment
11or conditional discharge shall not be imposed for the
12following offenses. The court shall sentence the offender to
13not less than the minimum term of imprisonment set forth in
14this Code for the following offenses, and may order a fine or
15restitution or both in conjunction with such term of
16imprisonment:
17        (A) First degree murder where the death penalty is not
18    imposed.
19        (B) Attempted first degree murder.
20        (C) A Class X felony.
21        (D) Except in cases in which the offender is under 26
22    years of age at the time of the offense, a A violation of
23    Section 401.1 or 407 of the Illinois Controlled Substances
24    Act, or a violation of subdivision (c)(1.5) of Section 401
25    of that Act which relates to more than 5 grams of a

 

 

HB5530- 16 -LRB102 24533 RLC 33767 b

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

 

 

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

 

 

HB5530- 18 -LRB102 24533 RLC 33767 b

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

 

 

HB5530- 19 -LRB102 24533 RLC 33767 b

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

 

 

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1        (X) A violation of subsection (a) of Section 31-1a of
2    the Criminal Code of 1961 or the Criminal Code of 2012.
3        (Y) A conviction for unlawful possession of a firearm
4    by a street gang member when the firearm was loaded or
5    contained firearm ammunition.
6        (Z) Except in cases in which the offender is under 26
7    years of age at the time of the offense, a A Class 1 felony
8    committed while he or she was serving a term of probation
9    or conditional discharge for a felony.
10        (AA) Theft of property exceeding $500,000 and not
11    exceeding $1,000,000 in value.
12        (BB) Laundering of criminally derived property of a
13    value exceeding $500,000.
14        (CC) Knowingly selling, offering for sale, holding for
15    sale, or using 2,000 or more counterfeit items or
16    counterfeit items having a retail value in the aggregate
17    of $500,000 or more.
18        (DD) A conviction for aggravated assault under
19    paragraph (6) of subsection (c) of Section 12-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 if the
21    firearm is aimed toward the person against whom the
22    firearm is being used.
23        (EE) A conviction for a violation of paragraph (2) of
24    subsection (a) of Section 24-3B of the Criminal Code of
25    2012.
26    (3) (Blank).

 

 

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1    (4) A minimum term of imprisonment of not less than 10
2consecutive days or 30 days of community service shall be
3imposed for a violation of paragraph (c) of Section 6-303 of
4the Illinois Vehicle Code.
5    (4.1) (Blank).
6    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
7this subsection (c), a minimum of 100 hours of community
8service shall be imposed for a second violation of Section
96-303 of the Illinois Vehicle Code.
10    (4.3) A minimum term of imprisonment of 30 days or 300
11hours of community service, as determined by the court, shall
12be imposed for a second violation of subsection (c) of Section
136-303 of the Illinois Vehicle Code.
14    (4.4) Except as provided in paragraphs (4.5), (4.6), and
15(4.9) of this subsection (c), a minimum term of imprisonment
16of 30 days or 300 hours of community service, as determined by
17the court, shall be imposed for a third or subsequent
18violation of Section 6-303 of the Illinois Vehicle Code. The
19court may give credit toward the fulfillment of community
20service hours for participation in activities and treatment as
21determined by court services.
22    (4.5) A minimum term of imprisonment of 30 days shall be
23imposed for a third violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25    (4.6) Except as provided in paragraph (4.10) of this
26subsection (c), a minimum term of imprisonment of 180 days

 

 

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

 

 

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

 

 

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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,
10permit, or privileges suspended for an additional 6 months
11after the expiration of the original 3-month suspension and
12until he or she 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
17offense of ritualized abuse of a child may be sentenced to a
18term of natural 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
23battery when the individual harmed was a sports official or
24coach at any level of competition and the act causing harm to
25the sports official or coach occurred within an athletic
26facility or within the immediate vicinity of the athletic

 

 

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1facility at which the sports official or coach was an active
2participant of the athletic contest held at the athletic
3facility. For the purposes of this paragraph (11), "sports
4official" means a person at an athletic contest who enforces
5the rules of the contest, such as an umpire or referee;
6"athletic facility" means an indoor or outdoor playing field
7or recreational area where sports activities are conducted;
8and "coach" means a person recognized as a coach by the
9sanctioning authority that conducted 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 this

 

 

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

 

 

HB5530- 27 -LRB102 24533 RLC 33767 b

1        2 years; or
2            (B) the defendant is willing to participate in a
3        court approved plan, including, but not limited to,
4        the defendant's:
5                (i) removal from the household;
6                (ii) restricted contact with the victim;
7                (iii) continued financial support of the
8            family;
9                (iv) restitution for harm done to the victim;
10            and
11                (v) compliance with any other measures that
12            the court may deem appropriate; and
13        (2) the court orders the defendant to pay for the
14    victim's counseling services, to the extent that the court
15    finds, after considering the defendant's income and
16    assets, that the defendant is financially capable of
17    paying for such services, if the victim was under 18 years
18    of age at the time the offense was committed and requires
19    counseling as a result of the offense.
20    Probation may be revoked or modified pursuant to Section
215-6-4; except where the court determines at the hearing that
22the defendant violated a condition of his or her probation
23restricting contact with the victim or other family members or
24commits another offense with the victim or other family
25members, the court shall revoke the defendant's probation and
26impose a term of imprisonment.

 

 

HB5530- 28 -LRB102 24533 RLC 33767 b

1    For the purposes of this Section, "family member" and
2"victim" shall have the meanings ascribed to them in Section
311-0.1 of the Criminal Code of 2012.
4    (f) (Blank).
5    (g) Whenever a defendant is convicted of an offense under
6Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
711-14.3, 11-14.4 except for an offense that involves keeping a
8place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1012-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
11Criminal Code of 2012, the defendant shall undergo medical
12testing to determine whether the defendant has any sexually
13transmissible disease, including a test for infection with
14human immunodeficiency virus (HIV) or any other identified
15causative agent of acquired immunodeficiency syndrome (AIDS).
16Any such medical test shall be performed only by appropriately
17licensed medical practitioners and may include an analysis of
18any bodily fluids as well as an examination of the defendant's
19person. Except as otherwise provided by law, the results of
20such test shall be kept strictly confidential by all medical
21personnel involved in the testing and must be personally
22delivered in a sealed envelope to the judge of the court in
23which the conviction was entered for the judge's inspection in
24camera. Acting in accordance with the best interests of the
25victim and the public, the judge shall have the discretion to
26determine to whom, if anyone, the results of the testing may be

 

 

HB5530- 29 -LRB102 24533 RLC 33767 b

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

 

 

HB5530- 30 -LRB102 24533 RLC 33767 b

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

 

 

HB5530- 31 -LRB102 24533 RLC 33767 b

1disbursed by the circuit clerk as provided under the Criminal
2and Traffic Assessment Act.
3    (j) In cases when prosecution for any violation of Section
411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
9Code of 2012, any violation of the Illinois Controlled
10Substances Act, any violation of the Cannabis Control Act, or
11any violation of the Methamphetamine Control and Community
12Protection Act results in conviction, a disposition of court
13supervision, or an order of probation granted under Section 10
14of the Cannabis Control Act, Section 410 of the Illinois
15Controlled Substances Act, or Section 70 of the
16Methamphetamine Control and Community Protection Act of a
17defendant, the court shall determine whether the defendant is
18employed by a facility or center as defined under the Child
19Care Act of 1969, a public or private elementary or secondary
20school, or otherwise works with children under 18 years of age
21on a daily basis. When a defendant is so employed, the court
22shall order the Clerk of the Court to send a copy of the
23judgment of conviction or order of supervision or probation to
24the defendant's employer by certified mail. If the employer of
25the defendant is a school, the Clerk of the Court shall direct
26the mailing of a copy of the judgment of conviction or order of

 

 

HB5530- 32 -LRB102 24533 RLC 33767 b

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

 

 

HB5530- 33 -LRB102 24533 RLC 33767 b

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

 

 

HB5530- 34 -LRB102 24533 RLC 33767 b

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

 

 

HB5530- 35 -LRB102 24533 RLC 33767 b

1available under Section 5-5-3 at the time of initial
2sentencing. In addition, the defendant shall not be eligible
3for additional earned sentence credit as provided under
4Section 3-6-3.
5    (m) A person convicted of criminal defacement of property
6under Section 21-1.3 of the Criminal Code of 1961 or the
7Criminal Code of 2012, in which the property damage exceeds
8$300 and the property damaged is a school building, shall be
9ordered to perform community service that may include cleanup,
10removal, or painting over the defacement.
11    (n) The court may sentence a person convicted of a
12violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
13subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
14of 1961 or the Criminal Code of 2012 (i) to an impact
15incarceration program if the person is otherwise eligible for
16that program under Section 5-8-1.1, (ii) to community service,
17or (iii) if the person has a substance use disorder, as defined
18in the Substance Use Disorder Act, to a treatment program
19licensed under that Act.
20    (o) Whenever a person is convicted of a sex offense as
21defined in Section 2 of the Sex Offender Registration Act, the
22defendant's driver's license or permit shall be subject to
23renewal on an annual basis in accordance with the provisions
24of license renewal established by the Secretary of State.
25(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
26102-531, eff. 1-1-22; revised 10-12-21.)