Full Text of HB2578 103rd General Assembly
HB2578 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2578 Introduced 2/15/2023, by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 |
720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
730 ILCS 5/5-4.5-95 | | 730 ILCS 5/5-5-3 | |
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Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or
persons in the custody of the
Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he
or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 24-1.1 and 24-3 as follows:
| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 7 | | Sec. 24-1.1. Unlawful use or possession of weapons by | 8 | | felons or
persons in the custody of the
Department of | 9 | | Corrections facilities. | 10 | | (a) It is unlawful
for a person to knowingly possess on or | 11 | | about his person or on his land or
in his own abode or fixed | 12 | | place of business any weapon prohibited under
Section 24-1 of | 13 | | this Act or any firearm or any firearm ammunition if the
person | 14 | | has been convicted of a felony under the laws of this State or | 15 | | any
other jurisdiction. This Section shall not apply if the | 16 | | person has been
granted relief by the Director of the Illinois | 17 | | State Police
under Section 10 of the Firearm Owners | 18 | | Identification
Card Act.
| 19 | | (b) It is unlawful for any person confined in a penal | 20 | | institution,
which is a facility of the Illinois Department of | 21 | | Corrections, to possess
any weapon prohibited under Section | 22 | | 24-1 of this Code or any firearm or
firearm ammunition, | 23 | | regardless of the intent with which he possesses it.
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| 1 | | (c) It shall be an affirmative defense to a violation of | 2 | | subsection (b), that such possession was specifically | 3 | | authorized by rule,
regulation, or directive of the Illinois | 4 | | Department of Corrections or order
issued pursuant thereto.
| 5 | | (d) The defense of necessity is not available to a person | 6 | | who is charged
with a violation of subsection (b) of this | 7 | | Section.
| 8 | | (e) Sentence. Violation of this Section by a person not | 9 | | confined
in a penal institution shall be a Class 1 3 felony
for | 10 | | which the person shall be sentenced to no less than 4 2 years | 11 | | and no
more than 15 10 years. A second or subsequent violation | 12 | | of this Section shall be a Class X 2 felony for which the | 13 | | person shall be sentenced to a term of imprisonment of not less | 14 | | than 6 3 years and not more than 30 14 years, except as | 15 | | provided for in Section 5-4.5-110 of the Unified Code of | 16 | | Corrections. Violation of this Section by a person not | 17 | | confined in a
penal institution who has been convicted of a | 18 | | forcible felony, a felony
violation of Article 24 of this Code | 19 | | or of the Firearm Owners Identification
Card Act, stalking or | 20 | | aggravated stalking, or a Class 2 or greater felony
under the | 21 | | Illinois Controlled Substances Act, the Cannabis Control Act, | 22 | | or the Methamphetamine Control and Community Protection Act is | 23 | | a
Class X 2 felony for which the person
shall be sentenced to | 24 | | not less than 6 3 years and not more than 30 14 years , except | 25 | | as provided for in Section 5-4.5-110 of the Unified Code of | 26 | | Corrections .
Violation of this Section by a person who is on |
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| 1 | | parole or mandatory supervised
release is a Class X 2 felony | 2 | | for which the person shall be sentenced to not less than 6 3 | 3 | | years and not more than 30 14
years , except as provided for in | 4 | | Section 5-4.5-110 of the Unified Code of Corrections . | 5 | | Violation of this Section by a person not confined in a penal
| 6 | | institution is a Class X felony when the firearm possessed is a | 7 | | machine gun for which the person shall be sentenced to no less | 8 | | than 10 years and no more than 60 years .
Any person who | 9 | | violates this Section while confined in a penal
institution, | 10 | | which is a facility of the Illinois Department of
Corrections, | 11 | | is guilty of a Class 1
felony, if he possesses any weapon | 12 | | prohibited under Section 24-1 of this
Code regardless of the | 13 | | intent with which he possesses it, a Class X
felony if he | 14 | | possesses any firearm, firearm ammunition or explosive, and a
| 15 | | Class X felony for which the offender shall be sentenced to not | 16 | | less than 12
years and not more than 50 years when the firearm | 17 | | possessed is a machine
gun. A violation of this Section while | 18 | | wearing or in possession of body armor as defined in Section | 19 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 20 | | of not less than 10 years and not more than 60 40 years.
The | 21 | | possession of each firearm or firearm ammunition in violation | 22 | | of this Section constitutes a single and separate violation.
| 23 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 24 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 25 | | Sec. 24-3. Unlawful sale or delivery of firearms.
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| 1 | | (A) A person commits the offense of unlawful sale or | 2 | | delivery of firearms when he
or she knowingly does any of the | 3 | | following:
| 4 | | (a) Sells or gives any firearm of a size which may be | 5 | | concealed upon the
person to any person under 18 years of | 6 | | age.
| 7 | | (b) Sells or gives any firearm to a person under 21 | 8 | | years of age who has
been convicted of a misdemeanor other | 9 | | than a traffic offense or adjudged
delinquent.
| 10 | | (c) Sells or gives any firearm to any narcotic addict.
| 11 | | (d) Sells or gives any firearm to any person who has | 12 | | been convicted of a
felony under the laws of this or any | 13 | | other jurisdiction.
| 14 | | (e) Sells or gives any firearm to any person who has | 15 | | been a patient in a
mental institution within the past 5 | 16 | | years. In this subsection (e): | 17 | | "Mental institution" means any hospital, | 18 | | institution, clinic, evaluation facility, mental | 19 | | health center, or part thereof, which is used | 20 | | primarily for the care or treatment of persons with | 21 | | mental illness. | 22 | | "Patient in a mental institution" means the person | 23 | | was admitted, either voluntarily or involuntarily, to | 24 | | a mental institution for mental health treatment, | 25 | | unless the treatment was voluntary and solely for an | 26 | | alcohol abuse disorder and no other secondary |
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| 1 | | substance abuse disorder or mental illness.
| 2 | | (f) Sells or gives any firearms to any person who is a | 3 | | person with an intellectual disability.
| 4 | | (g) Delivers any firearm, incidental to a sale, | 5 | | without withholding delivery of the firearm
for at least | 6 | | 72 hours after application for its purchase has been made, | 7 | | or
delivers a stun gun or taser, incidental to a sale,
| 8 | | without withholding delivery of the stun gun or taser for
| 9 | | at least 24 hours after application for its purchase has | 10 | | been made.
However,
this paragraph (g) does not apply to: | 11 | | (1) the sale of a firearm
to a law enforcement officer if | 12 | | the seller of the firearm knows that the person to whom he | 13 | | or she is selling the firearm is a law enforcement officer | 14 | | or the sale of a firearm to a person who desires to | 15 | | purchase a firearm for
use in promoting the public | 16 | | interest incident to his or her employment as a
bank | 17 | | guard, armed truck guard, or other similar employment; (2) | 18 | | a mail
order sale of a firearm from a federally licensed | 19 | | firearms dealer to a nonresident of Illinois under which | 20 | | the firearm
is mailed to a federally licensed firearms | 21 | | dealer outside the boundaries of Illinois; (3) (blank); | 22 | | (4) the sale of a
firearm to a dealer licensed as a federal | 23 | | firearms dealer under Section 923
of the federal Gun | 24 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | 25 | | sale of any rifle, shotgun, or other long gun to a resident | 26 | | registered competitor or attendee or non-resident |
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| 1 | | registered competitor or attendee by any dealer licensed | 2 | | as a federal firearms dealer under Section 923 of the | 3 | | federal Gun Control Act of 1968 at competitive shooting | 4 | | events held at the World Shooting Complex sanctioned by a | 5 | | national governing body. For purposes of transfers or | 6 | | sales under subparagraph (5) of this paragraph (g), the | 7 | | Department of Natural Resources shall give notice to the | 8 | | Illinois State Police at least 30 calendar days prior to | 9 | | any competitive shooting events at the World Shooting | 10 | | Complex sanctioned by a national governing body. The | 11 | | notification shall be made on a form prescribed by the | 12 | | Illinois State Police. The sanctioning body shall provide | 13 | | a list of all registered competitors and attendees at | 14 | | least 24 hours before the events to the Illinois State | 15 | | Police. Any changes to the list of registered competitors | 16 | | and attendees shall be forwarded to the Illinois State | 17 | | Police as soon as practicable. The Illinois State Police | 18 | | must destroy the list of registered competitors and | 19 | | attendees no later than 30 days after the date of the | 20 | | event. Nothing in this paragraph (g) relieves a federally | 21 | | licensed firearm dealer from the requirements of | 22 | | conducting a NICS background check through the Illinois | 23 | | Point of Contact under 18 U.S.C. 922(t). For purposes of | 24 | | this paragraph (g), "application" means when the buyer and | 25 | | seller reach an agreement to purchase a firearm.
For | 26 | | purposes of this paragraph (g), "national governing body" |
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| 1 | | means a group of persons who adopt rules and formulate | 2 | | policy on behalf of a national firearm sporting | 3 | | organization.
| 4 | | (h) While holding any license
as a dealer,
importer, | 5 | | manufacturer or pawnbroker
under the federal Gun Control | 6 | | Act of 1968,
manufactures, sells or delivers to any | 7 | | unlicensed person a handgun having
a barrel, slide, frame | 8 | | or receiver which is a die casting of zinc alloy or
any | 9 | | other nonhomogeneous metal which will melt or deform at a | 10 | | temperature
of less than 800 degrees Fahrenheit. For | 11 | | purposes of this paragraph, (1)
"firearm" is defined as in | 12 | | the Firearm Owners Identification Card Act; and (2)
| 13 | | "handgun" is defined as a firearm designed to be held
and | 14 | | fired by the use of a single hand, and includes a | 15 | | combination of parts from
which such a firearm can be | 16 | | assembled.
| 17 | | (i) Sells or gives a firearm of any size to any person | 18 | | under 18 years of
age who does not possess a valid Firearm | 19 | | Owner's Identification Card.
| 20 | | (j) Sells or gives a firearm while engaged in the | 21 | | business of selling
firearms at wholesale or retail | 22 | | without being licensed as a federal firearms
dealer under | 23 | | Section 923 of the federal Gun Control Act of 1968 (18 | 24 | | U.S.C.
923). In this paragraph (j):
| 25 | | A person "engaged in the business" means a person who | 26 | | devotes time,
attention, and
labor to
engaging in the |
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| 1 | | activity as a regular course of trade or business with the
| 2 | | principal objective of livelihood and profit, but does not | 3 | | include a person who
makes occasional repairs of firearms | 4 | | or who occasionally fits special barrels,
stocks, or | 5 | | trigger mechanisms to firearms.
| 6 | | "With the principal objective of livelihood and | 7 | | profit" means that the
intent
underlying the sale or | 8 | | disposition of firearms is predominantly one of
obtaining | 9 | | livelihood and pecuniary gain, as opposed to other | 10 | | intents, such as
improving or liquidating a personal | 11 | | firearms collection; however, proof of
profit shall not be | 12 | | required as to a person who engages in the regular and
| 13 | | repetitive purchase and disposition of firearms for | 14 | | criminal purposes or
terrorism.
| 15 | | (k) Sells or transfers ownership of a firearm to a | 16 | | person who does not display to the seller or transferor of | 17 | | the firearm either: (1) a currently valid Firearm Owner's | 18 | | Identification Card that has previously been issued in the | 19 | | transferee's name by the Illinois State Police under the | 20 | | provisions of the Firearm Owners Identification Card Act; | 21 | | or (2) a currently valid license to carry a concealed | 22 | | firearm that has previously been issued in the | 23 | | transferee's name by the
Illinois State Police under the | 24 | | Firearm Concealed Carry Act. This paragraph (k) does not | 25 | | apply to the transfer of a firearm to a person who is | 26 | | exempt from the requirement of possessing a Firearm |
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| 1 | | Owner's Identification Card under Section 2 of the Firearm | 2 | | Owners Identification Card Act. For the purposes of this | 3 | | Section, a currently valid Firearm Owner's Identification | 4 | | Card or license to carry a concealed firearm means receipt | 5 | | of an approval number issued in accordance with subsection | 6 | | (a-10) of Section 3 or Section 3.1 of the Firearm Owners | 7 | | Identification Card Act. | 8 | | (1) In addition to the other requirements of this | 9 | | paragraph (k), all persons who are not federally | 10 | | licensed firearms dealers must also have complied with | 11 | | subsection (a-10) of Section 3 of the Firearm Owners | 12 | | Identification Card Act by determining the validity of | 13 | | a purchaser's Firearm Owner's Identification Card. | 14 | | (2) All sellers or transferors who have complied | 15 | | with the requirements of subparagraph (1) of this | 16 | | paragraph (k) shall not be liable for damages in any | 17 | | civil action arising from the use or misuse by the | 18 | | transferee of the firearm transferred, except for | 19 | | willful or wanton misconduct on the part of the seller | 20 | | or transferor. | 21 | | (l) Not
being entitled to the possession of a firearm, | 22 | | delivers the
firearm, knowing it to have been stolen or | 23 | | converted. It may be inferred that
a person who possesses | 24 | | a firearm with knowledge that its serial number has
been | 25 | | removed or altered has knowledge that the firearm is | 26 | | stolen or converted. |
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| 1 | | (m) Sells or gives a firearm to a person who has been | 2 | | convicted of a felony or who is a streetgang member. | 3 | | (n)
Sells or gives a firearm that has been purchased | 4 | | or acquired out of state to a person who has been convicted | 5 | | of a felony or who is a streetgang member. | 6 | | (B) Paragraph (h) of subsection (A) does not include | 7 | | firearms sold within 6
months after enactment of Public
Act | 8 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 9 | | nor is any
firearm legally owned or
possessed by any citizen or | 10 | | purchased by any citizen within 6 months after the
enactment | 11 | | of Public Act 78-355 subject
to confiscation or seizure under | 12 | | the provisions of that Public Act. Nothing in
Public Act | 13 | | 78-355 shall be construed to prohibit the gift or trade of
any | 14 | | firearm if that firearm was legally held or acquired within 6 | 15 | | months after
the enactment of that Public Act.
| 16 | | (C) Sentence.
| 17 | | (1) Any person convicted of unlawful sale or delivery | 18 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 19 | | or (h) of subsection (A) commits a Class
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felony.
| 20 | | (2) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (b) or (i) of | 22 | | subsection (A) commits a Class 3 felony.
| 23 | | (3) Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of
paragraph (a) of subsection | 25 | | (A) commits a Class 2 felony.
| 26 | | (4) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of
paragraph (a), (b), or (i) of | 2 | | subsection (A) in any school, on the real
property | 3 | | comprising a school, within 1,000 feet of the real | 4 | | property comprising
a school, at a school related | 5 | | activity, or on or within 1,000 feet of any
conveyance | 6 | | owned, leased, or contracted by a school or school | 7 | | district to
transport students to or from school or a | 8 | | school related activity,
regardless of the time of day or | 9 | | time of year at which the offense
was committed, commits a | 10 | | Class 1 felony. Any person convicted of a second
or | 11 | | subsequent violation of unlawful sale or delivery of | 12 | | firearms in violation of paragraph
(a), (b), or (i) of | 13 | | subsection (A) in any school, on the real property
| 14 | | comprising a school, within 1,000 feet of the real | 15 | | property comprising a
school, at a school related | 16 | | activity, or on or within 1,000 feet of any
conveyance | 17 | | owned, leased, or contracted by a school or school | 18 | | district to
transport students to or from school or a | 19 | | school related activity,
regardless of the time of day or | 20 | | time of year at which the offense
was committed, commits a | 21 | | Class 1 felony for which the sentence shall be a
term of | 22 | | imprisonment of no less than 5 years and no more than 15 | 23 | | years.
| 24 | | (5) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of
paragraph (a) or (i) of | 26 | | subsection (A) in residential property owned,
operated, or |
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| 1 | | managed by a public housing agency or leased by a public | 2 | | housing
agency as part of a scattered site or mixed-income | 3 | | development, in a public
park, in a
courthouse, on | 4 | | residential property owned, operated, or managed by a | 5 | | public
housing agency or leased by a public housing agency | 6 | | as part of a scattered site
or mixed-income development, | 7 | | on the real property comprising any public park,
on the | 8 | | real
property comprising any courthouse, or on any public | 9 | | way within 1,000 feet
of the real property comprising any | 10 | | public park, courthouse, or residential
property owned, | 11 | | operated, or managed by a public housing agency or leased | 12 | | by a
public housing agency as part of a scattered site or | 13 | | mixed-income development
commits a
Class 2 felony.
| 14 | | (6) Any person convicted of unlawful sale or delivery | 15 | | of firearms in violation of
paragraph (j) of subsection | 16 | | (A) commits a Class A misdemeanor. A second or
subsequent | 17 | | violation is a Class 4 felony. | 18 | | (7) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of paragraph (k) of subsection | 20 | | (A) commits a Class 4 felony, except that a violation of | 21 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 22 | | not be punishable as a crime or petty offense. A third or | 23 | | subsequent conviction for a violation of paragraph (k) of | 24 | | subsection (A) is a Class 1 felony.
| 25 | | (8) A person 18 years of age or older convicted of | 26 | | unlawful sale or delivery of firearms in violation of |
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| 1 | | paragraph (a) or (i) of subsection (A), when the firearm | 2 | | that was sold or given to another person under 18 years of | 3 | | age was used in the commission of or attempt to commit a | 4 | | forcible felony, shall be fined or imprisoned, or both, | 5 | | not to exceed the maximum provided for the most serious | 6 | | forcible felony so committed or attempted by the person | 7 | | under 18 years of age who was sold or given the firearm. | 8 | | (9) Any person convicted of unlawful sale or delivery | 9 | | of firearms in violation of
paragraph (d) of subsection | 10 | | (A) commits a Class 3 felony. | 11 | | (10) Any person convicted of unlawful sale or delivery | 12 | | of firearms in violation of paragraph (l) of subsection | 13 | | (A) commits a Class 2 felony if the delivery is of one | 14 | | firearm. Any person convicted of unlawful sale or delivery | 15 | | of firearms in violation of paragraph (l) of subsection | 16 | | (A) commits a Class 1 felony if the delivery is of not less | 17 | | than 2 and not more than 5 firearms at the
same time or | 18 | | within a one-year period. Any person convicted of unlawful | 19 | | sale or delivery of firearms in violation of paragraph (l) | 20 | | of subsection (A) commits a Class X felony for which he or | 21 | | she shall be sentenced
to a term of imprisonment of not | 22 | | less than 6 years and not more than 30
years if the | 23 | | delivery is of not less than 6 and not more than 10 | 24 | | firearms at the
same time or within a 2-year period. Any | 25 | | person convicted of unlawful sale or delivery of firearms | 26 | | in violation of paragraph (l) of subsection (A) commits a |
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| 1 | | Class X felony for which he or she shall be sentenced
to a | 2 | | term of imprisonment of not less than 6 years and not more | 3 | | than 40
years if the delivery is of not less than 11 and | 4 | | not more than 20 firearms at the
same time or within a | 5 | | 3-year period. Any person convicted of unlawful sale or | 6 | | delivery of firearms in violation of paragraph (l) of | 7 | | subsection (A) commits a Class X felony for which he or she | 8 | | shall be sentenced
to a term of imprisonment of not less | 9 | | than 6 years and not more than 50
years if the delivery is | 10 | | of not less than 21 and not more than 30 firearms at the
| 11 | | same time or within a 4-year period. Any person convicted | 12 | | of unlawful sale or delivery of firearms in violation of | 13 | | paragraph (l) of subsection (A) commits a Class X felony | 14 | | for which he or she shall be sentenced
to a term of | 15 | | imprisonment of not less than 6 years and not more than 60
| 16 | | years if the delivery is of 31 or more firearms at the
same | 17 | | time or within a 5-year period. | 18 | | (11) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of
paragraph (m) or (n) of | 20 | | subsection (A) commits a Class 1 felony. | 21 | | (D) For purposes of this Section:
| 22 | | "School" means a public or private elementary or secondary | 23 | | school,
community college, college, or university.
| 24 | | "School related activity" means any sporting, social, | 25 | | academic, or
other activity for which students' attendance or | 26 | | participation is sponsored,
organized, or funded in whole or |
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| 1 | | in part by a school or school district.
| 2 | | (E) A prosecution for a violation of paragraph (k) of | 3 | | subsection (A) of this Section may be commenced within 6 years | 4 | | after the commission of the offense. A prosecution for a | 5 | | violation of this Section other than paragraph (g) of | 6 | | subsection (A) of this Section may be commenced within 5 years | 7 | | after the commission of the offense defined in the particular | 8 | | paragraph.
| 9 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 10 | | 102-813, eff. 5-13-22.)
| 11 | | Section 10. The Unified Code of Corrections is amended by | 12 | | changing Sections 5-4.5-95 and 5-5-3 as follows: | 13 | | (730 ILCS 5/5-4.5-95) | 14 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 15 | | (a) HABITUAL CRIMINALS. | 16 | | (1) Every person who has been twice convicted in any | 17 | | state or federal court of an offense that contains the | 18 | | same elements as an offense now (the date of the offense | 19 | | committed after the 2 prior convictions) classified in | 20 | | Illinois as a Class X felony, criminal sexual assault, | 21 | | aggravated kidnapping, or first degree murder, and who is | 22 | | thereafter convicted of a Class X felony, criminal sexual | 23 | | assault, or first degree murder, committed after the 2 | 24 | | prior convictions, shall be adjudged an habitual criminal. |
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| 1 | | (2) The 2 prior convictions need not have been for the | 2 | | same offense. | 3 | | (3) Any convictions that result from or are connected | 4 | | with the same transaction, or result from offenses | 5 | | committed at the same time, shall be counted for the | 6 | | purposes of this Section as one conviction. | 7 | | (4) This Section does not apply unless each of the | 8 | | following requirements are satisfied: | 9 | | (A) The third offense was committed after July 3, | 10 | | 1980. | 11 | | (B) The third offense was committed within 20 | 12 | | years of the date that judgment was entered on the | 13 | | first conviction; provided, however, that time spent | 14 | | in custody shall not be counted. | 15 | | (C) The third offense was committed after | 16 | | conviction on the second offense. | 17 | | (D) The second offense was committed after | 18 | | conviction on the first offense. | 19 | | (E) (Blank). The first offense was committed when | 20 | | the person was 21 years of age or older. | 21 | | (5) Anyone who , having attained the age of 18 at the | 22 | | time of the third offense, is adjudged an habitual | 23 | | criminal shall be sentenced to a term of natural life | 24 | | imprisonment. | 25 | | (6) A prior conviction shall not be alleged in the | 26 | | indictment, and no evidence or other disclosure of that |
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| 1 | | conviction shall be presented to the court or the jury | 2 | | during the trial of an offense set forth in this Section | 3 | | unless otherwise permitted by the issues properly raised | 4 | | in that trial. After a plea or verdict or finding of guilty | 5 | | and before sentence is imposed, the prosecutor may file | 6 | | with the court a verified written statement signed by the | 7 | | State's Attorney concerning any former conviction of an | 8 | | offense set forth in this Section rendered against the | 9 | | defendant. The court shall then cause the defendant to be | 10 | | brought before it; shall inform the defendant of the | 11 | | allegations of the statement so filed, and of his or her | 12 | | right to a hearing before the court on the issue of that | 13 | | former conviction and of his or her right to counsel at | 14 | | that hearing; and unless the defendant admits such | 15 | | conviction, shall hear and determine the issue, and shall | 16 | | make a written finding thereon. If a sentence has | 17 | | previously been imposed, the court may vacate that | 18 | | sentence and impose a new sentence in accordance with this | 19 | | Section. | 20 | | (7) A duly authenticated copy of the record of any | 21 | | alleged former conviction of an offense set forth in this | 22 | | Section shall be prima facie evidence of that former | 23 | | conviction; and a duly authenticated copy of the record of | 24 | | the defendant's final release or discharge from probation | 25 | | granted, or from sentence and parole supervision (if any) | 26 | | imposed pursuant to that former conviction, shall be prima |
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| 1 | | facie evidence of that release or discharge. | 2 | | (8) Any claim that a previous conviction offered by | 3 | | the prosecution is not a former conviction of an offense | 4 | | set forth in this Section because of the existence of any | 5 | | exceptions described in this Section, is waived unless | 6 | | duly raised at the hearing on that conviction, or unless | 7 | | the prosecution's proof shows the existence of the | 8 | | exceptions described in this Section. | 9 | | (9) If the person so convicted shows to the | 10 | | satisfaction of the court before whom that conviction was | 11 | | had that he or she was released from imprisonment, upon | 12 | | either of the sentences upon a pardon granted for the | 13 | | reason that he or she was innocent, that conviction and | 14 | | sentence shall not be considered under this Section.
| 15 | | (b) When a defendant, over the age of 21 years, is | 16 | | convicted of a Class 1 or Class 2 forcible felony , except for | 17 | | an offense listed in subsection (d) of this Section, after | 18 | | having twice been convicted in any state or federal court of an | 19 | | offense that contains the same elements as an offense now (the | 20 | | date the Class 1 or Class 2 forcible felony was committed) | 21 | | classified in Illinois as a Class 2 or greater Class forcible | 22 | | felony , except for an offense listed in subsection (d) of this | 23 | | Section, and those charges are separately brought and tried | 24 | | and arise out of different series of acts, that defendant | 25 | | shall be sentenced as a Class X offender. This subsection does | 26 | | not apply unless: |
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| 1 | | (1) the first forcible felony was committed after | 2 | | February 1, 1978 (the effective date of Public Act | 3 | | 80-1099); | 4 | | (2) the second forcible felony was committed after | 5 | | conviction on the first; | 6 | | (3) the third forcible felony was committed after | 7 | | conviction on the second; and | 8 | | (4) (blank). the first offense was committed when the | 9 | | person was 21 years of age or older. | 10 | | (c) (Blank). | 11 | | (d) Subsection (b) of this Section does not apply to Class | 12 | | 1 or Class 2 felony convictions for a violation of Section 16-1 | 13 | | of the Criminal Code of 2012. | 14 | | A person sentenced as a Class X offender under this | 15 | | subsection (b) is not eligible to apply for treatment as a | 16 | | condition of probation as provided by Section 40-10 of the | 17 | | Substance Use Disorder Act (20 ILCS 301/40-10).
| 18 | | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; | 19 | | 101-652, eff. 7-1-21 .)
| 20 | | (730 ILCS 5/5-5-3)
| 21 | | Sec. 5-5-3. Disposition.
| 22 | | (a) (Blank).
| 23 | | (b) (Blank).
| 24 | | (c) (1) (Blank).
| 25 | | (2) A period of probation, a term of periodic imprisonment |
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| 1 | | or
conditional discharge shall not be imposed for the | 2 | | following offenses.
The court shall sentence the offender to | 3 | | not less than the minimum term
of imprisonment set forth in | 4 | | this Code for the following offenses, and
may order a fine or | 5 | | restitution or both in conjunction with such term of
| 6 | | imprisonment:
| 7 | | (A) First degree murder where the death penalty is not | 8 | | imposed.
| 9 | | (B) Attempted first degree murder.
| 10 | | (C) A Class X felony.
| 11 | | (D) A violation of Section 401.1 or 407 of the
| 12 | | Illinois Controlled Substances Act, or a violation of | 13 | | subdivision (c)(1.5) of
Section 401 of that Act which | 14 | | relates to more than 5 grams of a substance
containing | 15 | | fentanyl or an analog thereof.
| 16 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 17 | | of the Illinois Controlled Substances Act which relates to | 18 | | 3 or more grams of a substance
containing heroin or an | 19 | | analog thereof. | 20 | | (E) (Blank).
| 21 | | (F) A Class 1 or greater felony if the offender had | 22 | | been convicted
of a Class 1 or greater felony, including | 23 | | any state or federal conviction for an offense that | 24 | | contained, at the time it was committed, the same elements | 25 | | as an offense now (the date of the offense committed after | 26 | | the prior Class 1 or greater felony) classified as a Class |
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| 1 | | 1 or greater felony, within 10 years of the date on which | 2 | | the
offender
committed the offense for which he or she is | 3 | | being sentenced, except as
otherwise provided in Section | 4 | | 40-10 of the Substance Use Disorder Act.
| 5 | | (F-3) A Class 2 or greater felony sex offense or | 6 | | felony firearm offense if the offender had been convicted | 7 | | of a Class 2 or greater felony, including any state or | 8 | | federal conviction for an offense that contained, at the | 9 | | time it was committed, the same elements as an offense now | 10 | | (the date of the offense committed after the prior Class 2 | 11 | | or greater felony) classified as a Class 2 or greater | 12 | | felony, within 10 years of the date on which the offender | 13 | | committed the offense for which he or she is being | 14 | | sentenced, except as otherwise provided in Section 40-10 | 15 | | of the Substance Use Disorder Act. | 16 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | 17 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 18 | | for which imprisonment is prescribed in those Sections. | 19 | | (G) Residential burglary, except as otherwise provided | 20 | | in Section 40-10
of the Substance Use Disorder Act.
| 21 | | (H) Criminal sexual assault.
| 22 | | (I) Aggravated battery of a senior citizen as | 23 | | described in Section 12-4.6 or subdivision (a)(4) of | 24 | | Section 12-3.05 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012.
| 26 | | (J) A forcible felony if the offense was related to |
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| 1 | | the activities of an
organized gang.
| 2 | | Before July 1, 1994, for the purposes of this | 3 | | paragraph, "organized
gang" means an association of 5 or | 4 | | more persons, with an established hierarchy,
that | 5 | | encourages members of the association to perpetrate crimes | 6 | | or provides
support to the members of the association who | 7 | | do commit crimes.
| 8 | | Beginning July 1, 1994, for the purposes of this | 9 | | paragraph,
"organized gang" has the meaning ascribed to it | 10 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 11 | | Prevention Act.
| 12 | | (K) Vehicular hijacking.
| 13 | | (L) A second or subsequent conviction for the offense | 14 | | of hate crime
when the underlying offense upon which the | 15 | | hate crime is based is felony
aggravated
assault or felony | 16 | | mob action.
| 17 | | (M) A second or subsequent conviction for the offense | 18 | | of institutional
vandalism if the damage to the property | 19 | | exceeds $300.
| 20 | | (N) A Class 3 felony violation of paragraph (1) of | 21 | | subsection (a) of
Section 2 of the Firearm Owners | 22 | | Identification Card Act.
| 23 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 25 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 26 | | or (7) of
subsection (a)
of Section 11-20.1 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 2 | | (P-5) A violation of paragraph (6) of subsection (a) | 3 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
| 4 | | Criminal Code of 2012 if the victim is a household or
| 5 | | family member of the defendant. | 6 | | (Q) A violation of subsection (b) or (b-5) of Section | 7 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 8 | | Code of
1961 or the Criminal Code of 2012.
| 9 | | (R) A violation of Section 24-3A of the Criminal Code | 10 | | of
1961 or the Criminal Code of 2012.
| 11 | | (S) (Blank).
| 12 | | (T) (Blank).
| 13 | | (U) A second or subsequent violation of Section 6-303 | 14 | | of the Illinois Vehicle Code committed while his or her | 15 | | driver's license, permit, or privilege was revoked because | 16 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 17 | | or the Criminal Code of 2012, relating to the offense of | 18 | | reckless homicide, or a similar provision of a law of | 19 | | another state.
| 20 | | (V)
A violation of paragraph (4) of subsection (c) of | 21 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 22 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 23 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 24 | | Code of 2012 when the victim is under 13 years of age and | 25 | | the defendant has previously been convicted under the laws | 26 | | of this State or any other state of the offense of child |
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| 1 | | pornography, aggravated child pornography, aggravated | 2 | | criminal sexual abuse, aggravated criminal sexual assault, | 3 | | predatory criminal sexual assault of a child, or any of | 4 | | the offenses formerly known as rape, deviate sexual | 5 | | assault, indecent liberties with a child, or aggravated | 6 | | indecent liberties with a child where the victim was under | 7 | | the age of 18 years or an offense that is substantially | 8 | | equivalent to those offenses. | 9 | | (W) A violation of Section 24-3.5 of the Criminal Code | 10 | | of 1961 or the Criminal Code of 2012.
| 11 | | (X) A violation of subsection (a) of Section 31-1a of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 13 | | (Y) A conviction for unlawful possession of a firearm | 14 | | by a street gang member when the firearm was loaded or | 15 | | contained firearm ammunition. | 16 | | (Z) A Class 1 felony committed while he or she was | 17 | | serving a term of probation or conditional discharge for a | 18 | | felony. | 19 | | (AA) Theft of property exceeding $500,000 and not | 20 | | exceeding $1,000,000 in value. | 21 | | (BB) Laundering of criminally derived property of a | 22 | | value exceeding
$500,000. | 23 | | (CC) Knowingly selling, offering for sale, holding for | 24 | | sale, or using 2,000 or more counterfeit items or | 25 | | counterfeit items having a retail value in the aggregate | 26 | | of $500,000 or more. |
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| 1 | | (DD) A conviction for aggravated assault under | 2 | | paragraph (6) of subsection (c) of Section 12-2 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 4 | | firearm is aimed toward the person against whom the | 5 | | firearm is being used. | 6 | | (EE) A conviction for a violation of paragraph (2) of | 7 | | subsection (a) of Section 24-3B of the Criminal Code of | 8 | | 2012. | 9 | | (FF) A second or subsequent conviction for a violation | 10 | | of paragraph (m) or (n) of subsection (A) of Section 24-3 | 11 | | of the Criminal Code of 2012. | 12 | | (3) (Blank).
| 13 | | (4) A minimum term of imprisonment of not less than 10
| 14 | | consecutive days or 30 days of community service shall be | 15 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 16 | | the Illinois Vehicle Code.
| 17 | | (4.1) (Blank).
| 18 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 19 | | this subsection (c), a
minimum of
100 hours of community | 20 | | service shall be imposed for a second violation of
Section | 21 | | 6-303
of the Illinois Vehicle Code.
| 22 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 23 | | hours of community
service, as determined by the court, shall
| 24 | | be imposed for a second violation of subsection (c) of Section | 25 | | 6-303 of the
Illinois Vehicle Code.
| 26 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
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| 1 | | (4.9) of this
subsection (c), a
minimum term of imprisonment | 2 | | of 30 days or 300 hours of community service, as
determined by | 3 | | the court, shall
be imposed
for a third or subsequent | 4 | | violation of Section 6-303 of the Illinois Vehicle
Code. The | 5 | | court may give credit toward the fulfillment of community | 6 | | service hours for participation in activities and treatment as | 7 | | determined by court services.
| 8 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 9 | | imposed for a third violation of subsection (c) of
Section | 10 | | 6-303 of the Illinois Vehicle Code.
| 11 | | (4.6) Except as provided in paragraph (4.10) of this | 12 | | subsection (c), a minimum term of imprisonment of 180 days | 13 | | shall be imposed for a
fourth or subsequent violation of | 14 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 15 | | (4.7) A minimum term of imprisonment of not less than 30 | 16 | | consecutive days, or 300 hours of community service, shall be | 17 | | imposed for a violation of subsection (a-5) of Section 6-303 | 18 | | of the Illinois Vehicle Code, as provided in subsection (b-5) | 19 | | of that Section.
| 20 | | (4.8) A mandatory prison sentence shall be imposed for a | 21 | | second violation of subsection (a-5) of Section 6-303 of the | 22 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 23 | | Section. The person's driving privileges shall be revoked for | 24 | | a period of not less than 5 years from the date of his or her | 25 | | release from prison.
| 26 | | (4.9) A mandatory prison sentence of not less than 4 and |
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| 1 | | not more than 15 years shall be imposed for a third violation | 2 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 3 | | Code, as provided in subsection (d-2.5) of that Section. The | 4 | | person's driving privileges shall be revoked for the remainder | 5 | | of his or her life.
| 6 | | (4.10) A mandatory prison sentence for a Class 1 felony | 7 | | shall be imposed, and the person shall be eligible for an | 8 | | extended term sentence, for a fourth or subsequent violation | 9 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 10 | | Code, as provided in subsection (d-3.5) of that Section. The | 11 | | person's driving privileges shall be revoked for the remainder | 12 | | of his or her life.
| 13 | | (5) The court may sentence a corporation or unincorporated
| 14 | | association convicted of any offense to:
| 15 | | (A) a period of conditional discharge;
| 16 | | (B) a fine;
| 17 | | (C) make restitution to the victim under Section 5-5-6 | 18 | | of this Code.
| 19 | | (5.1) In addition to any other penalties imposed, and | 20 | | except as provided in paragraph (5.2) or (5.3), a person
| 21 | | convicted of violating subsection (c) of Section 11-907 of the | 22 | | Illinois
Vehicle Code shall have his or her driver's license, | 23 | | permit, or privileges
suspended for at least 90 days but not | 24 | | more than one year, if the violation
resulted in damage to the | 25 | | property of another person.
| 26 | | (5.2) In addition to any other penalties imposed, and |
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| 1 | | except as provided in paragraph (5.3), a person convicted
of | 2 | | violating subsection (c) of Section 11-907 of the Illinois | 3 | | Vehicle Code
shall have his or her driver's license, permit, | 4 | | or privileges suspended for at
least 180 days but not more than | 5 | | 2 years, if the violation resulted in injury
to
another | 6 | | person.
| 7 | | (5.3) In addition to any other penalties imposed, a person | 8 | | convicted of violating subsection (c) of Section
11-907 of the | 9 | | Illinois Vehicle Code shall have his or her driver's license,
| 10 | | permit, or privileges suspended for 2 years, if the violation | 11 | | resulted in the
death of another person.
| 12 | | (5.4) In addition to any other penalties imposed, a person | 13 | | convicted of violating Section 3-707 of the Illinois Vehicle | 14 | | Code shall have his or her driver's license, permit, or | 15 | | privileges suspended for 3 months and until he or she has paid | 16 | | a reinstatement fee of $100. | 17 | | (5.5) In addition to any other penalties imposed, a person | 18 | | convicted of violating Section 3-707 of the Illinois Vehicle | 19 | | Code during a period in which his or her driver's license, | 20 | | permit, or privileges were suspended for a previous violation | 21 | | of that Section shall have his or her driver's license, | 22 | | permit, or privileges suspended for an additional 6 months | 23 | | after the expiration of the original 3-month suspension and | 24 | | until he or she has paid a reinstatement fee of $100.
| 25 | | (6) (Blank).
| 26 | | (7) (Blank).
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| 1 | | (8) (Blank).
| 2 | | (9) A defendant convicted of a second or subsequent | 3 | | offense of ritualized
abuse of a child may be sentenced to a | 4 | | term of natural life imprisonment.
| 5 | | (10) (Blank).
| 6 | | (11) The court shall impose a minimum fine of $1,000 for a | 7 | | first offense
and $2,000 for a second or subsequent offense | 8 | | upon a person convicted of or
placed on supervision for | 9 | | battery when the individual harmed was a sports
official or | 10 | | coach at any level of competition and the act causing harm to | 11 | | the
sports
official or coach occurred within an athletic | 12 | | facility or within the immediate vicinity
of the athletic | 13 | | facility at which the sports official or coach was an active
| 14 | | participant
of the athletic contest held at the athletic | 15 | | facility. For the purposes of
this paragraph (11), "sports | 16 | | official" means a person at an athletic contest
who enforces | 17 | | the rules of the contest, such as an umpire or referee; | 18 | | "athletic facility" means an indoor or outdoor playing field | 19 | | or recreational area where sports activities are conducted;
| 20 | | and "coach" means a person recognized as a coach by the | 21 | | sanctioning
authority that conducted the sporting event. | 22 | | (12) A person may not receive a disposition of court | 23 | | supervision for a
violation of Section 5-16 of the Boat | 24 | | Registration and Safety Act if that
person has previously | 25 | | received a disposition of court supervision for a
violation of | 26 | | that Section.
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| 1 | | (13) A person convicted of or placed on court supervision | 2 | | for an assault or aggravated assault when the victim and the | 3 | | offender are family or household members as defined in Section | 4 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 5 | | of domestic battery or aggravated domestic battery may be | 6 | | required to attend a Partner Abuse Intervention Program under | 7 | | protocols set forth by the Illinois Department of Human | 8 | | Services under such terms and conditions imposed by the court. | 9 | | The costs of such classes shall be paid by the offender.
| 10 | | (d) In any case in which a sentence originally imposed is | 11 | | vacated,
the case shall be remanded to the trial court. The | 12 | | trial court shall
hold a hearing under Section 5-4-1 of this | 13 | | Code
which may include evidence of the defendant's life, moral | 14 | | character and
occupation during the time since the original | 15 | | sentence was passed. The
trial court shall then impose | 16 | | sentence upon the defendant. The trial
court may impose any | 17 | | sentence which could have been imposed at the
original trial | 18 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated | 19 | | on appeal or on collateral attack due to the
failure of the | 20 | | trier of fact at trial to determine beyond a reasonable doubt
| 21 | | the
existence of a fact (other than a prior conviction) | 22 | | necessary to increase the
punishment for the offense beyond | 23 | | the statutory maximum otherwise applicable,
either the | 24 | | defendant may be re-sentenced to a term within the range | 25 | | otherwise
provided or, if the State files notice of its | 26 | | intention to again seek the
extended sentence, the defendant |
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| 1 | | shall be afforded a new trial.
| 2 | | (e) In cases where prosecution for
aggravated criminal | 3 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 4 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 5 | | of a defendant
who was a family member of the victim at the | 6 | | time of the commission of the
offense, the court shall | 7 | | consider the safety and welfare of the victim and
may impose a | 8 | | sentence of probation only where:
| 9 | | (1) the court finds (A) or (B) or both are | 10 | | appropriate:
| 11 | | (A) the defendant is willing to undergo a court | 12 | | approved counseling
program for a minimum duration of | 13 | | 2 years; or
| 14 | | (B) the defendant is willing to participate in a | 15 | | court approved plan,
including, but not limited to, | 16 | | the defendant's:
| 17 | | (i) removal from the household;
| 18 | | (ii) restricted contact with the victim;
| 19 | | (iii) continued financial support of the | 20 | | family;
| 21 | | (iv) restitution for harm done to the victim; | 22 | | and
| 23 | | (v) compliance with any other measures that | 24 | | the court may
deem appropriate; and
| 25 | | (2) the court orders the defendant to pay for the | 26 | | victim's counseling
services, to the extent that the court |
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| 1 | | finds, after considering the
defendant's income and | 2 | | assets, that the defendant is financially capable of
| 3 | | paying for such services, if the victim was under 18 years | 4 | | of age at the
time the offense was committed and requires | 5 | | counseling as a result of the
offense.
| 6 | | Probation may be revoked or modified pursuant to Section | 7 | | 5-6-4; except
where the court determines at the hearing that | 8 | | the defendant violated a
condition of his or her probation | 9 | | restricting contact with the victim or
other family members or | 10 | | commits another offense with the victim or other
family | 11 | | members, the court shall revoke the defendant's probation and
| 12 | | impose a term of imprisonment.
| 13 | | For the purposes of this Section, "family member" and | 14 | | "victim" shall have
the meanings ascribed to them in Section | 15 | | 11-0.1 of the Criminal Code of
2012.
| 16 | | (f) (Blank).
| 17 | | (g) Whenever a defendant is convicted of an offense under | 18 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 19 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 20 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 21 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 22 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012,
the defendant shall undergo medical | 24 | | testing to
determine whether the defendant has any sexually | 25 | | transmissible disease,
including a test for infection with | 26 | | human immunodeficiency virus (HIV) or
any other identified |
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| 1 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 2 | | Any such medical test shall be performed only by appropriately
| 3 | | licensed medical practitioners and may include an analysis of | 4 | | any bodily
fluids as well as an examination of the defendant's | 5 | | person.
Except as otherwise provided by law, the results of | 6 | | such test shall be kept
strictly confidential by all medical | 7 | | personnel involved in the testing and must
be personally | 8 | | delivered in a sealed envelope to the judge of the court in | 9 | | which
the conviction was entered for the judge's inspection in | 10 | | camera. Acting in
accordance with the best interests of the | 11 | | victim and the public, the judge
shall have the discretion to | 12 | | determine to whom, if anyone, the results of the
testing may be | 13 | | revealed. The court shall notify the defendant
of the test | 14 | | results. The court shall
also notify the victim if requested | 15 | | by the victim, and if the victim is under
the age of 15 and if | 16 | | requested by the victim's parents or legal guardian, the
court | 17 | | shall notify the victim's parents or legal guardian of the | 18 | | test
results.
The court shall provide information on the | 19 | | availability of HIV testing
and counseling at Department of | 20 | | Public Health facilities to all parties to
whom the results of | 21 | | the testing are revealed and shall direct the State's
Attorney | 22 | | to provide the information to the victim when possible.
The | 23 | | court shall order that the cost of any such test
shall be paid | 24 | | by the county and may be taxed as costs against the convicted
| 25 | | defendant.
| 26 | | (g-5) When an inmate is tested for an airborne |
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| 1 | | communicable disease, as
determined by the Illinois Department | 2 | | of Public Health, including, but not
limited to, tuberculosis, | 3 | | the results of the test shall be
personally delivered by the | 4 | | warden or his or her designee in a sealed envelope
to the judge | 5 | | of the court in which the inmate must appear for the judge's
| 6 | | inspection in camera if requested by the judge. Acting in | 7 | | accordance with the
best interests of those in the courtroom, | 8 | | the judge shall have the discretion
to determine what if any | 9 | | precautions need to be taken to prevent transmission
of the | 10 | | disease in the courtroom.
| 11 | | (h) Whenever a defendant is convicted of an offense under | 12 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 13 | | defendant shall undergo
medical testing to determine whether | 14 | | the defendant has been exposed to human
immunodeficiency virus | 15 | | (HIV) or any other identified causative agent of
acquired | 16 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 17 | | by
law, the results of such test shall be kept strictly | 18 | | confidential by all
medical personnel involved in the testing | 19 | | and must be personally delivered in a
sealed envelope to the | 20 | | judge of the court in which the conviction was entered
for the | 21 | | judge's inspection in camera. Acting in accordance with the | 22 | | best
interests of the public, the judge shall have the | 23 | | discretion to determine to
whom, if anyone, the results of the | 24 | | testing may be revealed. The court shall
notify the defendant | 25 | | of a positive test showing an infection with the human
| 26 | | immunodeficiency virus (HIV). The court shall provide |
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| 1 | | information on the
availability of HIV testing and counseling | 2 | | at Department of Public Health
facilities to all parties to | 3 | | whom the results of the testing are revealed and
shall direct | 4 | | the State's Attorney to provide the information to the victim | 5 | | when
possible. The court shall order that the cost of any
such | 6 | | test shall be paid by the county and may be taxed as costs | 7 | | against the
convicted defendant.
| 8 | | (i) All fines and penalties imposed under this Section for | 9 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 10 | | Vehicle Code, or a similar
provision of a local ordinance, and | 11 | | any violation
of the Child Passenger Protection Act, or a | 12 | | similar provision of a local
ordinance, shall be collected and | 13 | | disbursed by the circuit
clerk as provided under the Criminal | 14 | | and Traffic Assessment Act.
| 15 | | (j) In cases when prosecution for any violation of Section | 16 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 17 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 18 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 19 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 20 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 21 | | Code of 2012, any violation of the Illinois Controlled | 22 | | Substances Act,
any violation of the Cannabis Control Act, or | 23 | | any violation of the Methamphetamine Control and Community | 24 | | Protection Act results in conviction, a
disposition of court | 25 | | supervision, or an order of probation granted under
Section 10 | 26 | | of the Cannabis Control Act, Section 410 of the Illinois
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| 1 | | Controlled Substances Act, or Section 70 of the | 2 | | Methamphetamine Control and Community Protection Act of a | 3 | | defendant, the court shall determine whether the
defendant is | 4 | | employed by a facility or center as defined under the Child | 5 | | Care
Act of 1969, a public or private elementary or secondary | 6 | | school, or otherwise
works with children under 18 years of age | 7 | | on a daily basis. When a defendant
is so employed, the court | 8 | | shall order the Clerk of the Court to send a copy of
the | 9 | | judgment of conviction or order of supervision or probation to | 10 | | the
defendant's employer by certified mail.
If the employer of | 11 | | the defendant is a school, the Clerk of the Court shall
direct | 12 | | the mailing of a copy of the judgment of conviction or order of
| 13 | | supervision or probation to the appropriate regional | 14 | | superintendent of schools.
The regional superintendent of | 15 | | schools shall notify the State Board of
Education of any | 16 | | notification under this subsection.
| 17 | | (j-5) A defendant at least 17 years of age who is convicted | 18 | | of a felony and
who has not been previously convicted of a | 19 | | misdemeanor or felony and who is
sentenced to a term of | 20 | | imprisonment in the Illinois Department of Corrections
shall | 21 | | as a condition of his or her sentence be required by the court | 22 | | to attend
educational courses designed to prepare the | 23 | | defendant for a high school diploma
and to work toward a high | 24 | | school diploma or to work toward passing high school | 25 | | equivalency testing or to work toward
completing a vocational | 26 | | training program offered by the Department of
Corrections. If |
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| 1 | | a defendant fails to complete the educational training
| 2 | | required by his or her sentence during the term of | 3 | | incarceration, the Prisoner
Review Board shall, as a condition | 4 | | of mandatory supervised release, require the
defendant, at his | 5 | | or her own expense, to pursue a course of study toward a high
| 6 | | school diploma or passage of high school equivalency testing. | 7 | | The Prisoner Review Board shall
revoke the mandatory | 8 | | supervised release of a defendant who wilfully fails to
comply | 9 | | with this subsection (j-5) upon his or her release from | 10 | | confinement in a
penal institution while serving a mandatory | 11 | | supervised release term; however,
the inability of the | 12 | | defendant after making a good faith effort to obtain
financial | 13 | | aid or pay for the educational training shall not be deemed a | 14 | | wilful
failure to comply. The Prisoner Review Board shall | 15 | | recommit the defendant
whose mandatory supervised release term | 16 | | has been revoked under this subsection
(j-5) as provided in | 17 | | Section 3-3-9. This subsection (j-5) does not apply to a
| 18 | | defendant who has a high school diploma or has successfully | 19 | | passed high school equivalency testing. This subsection (j-5) | 20 | | does not apply to a defendant who is determined by
the court to | 21 | | be a person with a developmental disability or otherwise | 22 | | mentally incapable of
completing the educational or vocational | 23 | | program.
| 24 | | (k) (Blank).
| 25 | | (l) (A) Except as provided
in paragraph (C) of subsection | 26 | | (l), whenever a defendant,
who is not a citizen or national of |
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| 1 | | the United States, is convicted
of any felony or misdemeanor | 2 | | offense, the court after sentencing the defendant
may, upon | 3 | | motion of the State's Attorney, hold sentence in abeyance and | 4 | | remand
the defendant to the custody of the Attorney General of
| 5 | | the United States or his or her designated agent to be deported | 6 | | when:
| 7 | | (1) a final order of deportation has been issued | 8 | | against the defendant
pursuant to proceedings under the | 9 | | Immigration and Nationality Act, and
| 10 | | (2) the deportation of the defendant would not | 11 | | deprecate the seriousness
of the defendant's conduct and | 12 | | would not be inconsistent with the ends of
justice.
| 13 | | Otherwise, the defendant shall be sentenced as provided in | 14 | | this Chapter V.
| 15 | | (B) If the defendant has already been sentenced for a | 16 | | felony or
misdemeanor
offense, or has been placed on probation | 17 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 18 | | the Illinois Controlled Substances Act, or Section 70 of the | 19 | | Methamphetamine Control and Community Protection Act, the | 20 | | court
may, upon motion of the State's Attorney to suspend the
| 21 | | sentence imposed, commit the defendant to the custody of the | 22 | | Attorney General
of the United States or his or her designated | 23 | | agent when:
| 24 | | (1) a final order of deportation has been issued | 25 | | against the defendant
pursuant to proceedings under the | 26 | | Immigration and Nationality Act, and
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| 1 | | (2) the deportation of the defendant would not | 2 | | deprecate the seriousness
of the defendant's conduct and | 3 | | would not be inconsistent with the ends of
justice.
| 4 | | (C) This subsection (l) does not apply to offenders who | 5 | | are subject to the
provisions of paragraph (2) of subsection | 6 | | (a) of Section 3-6-3.
| 7 | | (D) Upon motion of the State's Attorney, if a defendant | 8 | | sentenced under
this Section returns to the jurisdiction of | 9 | | the United States, the defendant
shall be recommitted to the | 10 | | custody of the county from which he or she was
sentenced.
| 11 | | Thereafter, the defendant shall be brought before the | 12 | | sentencing court, which
may impose any sentence that was | 13 | | available under Section 5-5-3 at the time of
initial | 14 | | sentencing. In addition, the defendant shall not be eligible | 15 | | for
additional earned sentence credit as provided under
| 16 | | Section 3-6-3.
| 17 | | (m) A person convicted of criminal defacement of property | 18 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012, in which the property damage exceeds | 20 | | $300
and the property damaged is a school building, shall be | 21 | | ordered to perform
community service that may include cleanup, | 22 | | removal, or painting over the
defacement.
| 23 | | (n) The court may sentence a person convicted of a | 24 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 25 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 26 | | of 1961 or the Criminal Code of 2012 (i) to an impact
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| 1 | | incarceration program if the person is otherwise eligible for | 2 | | that program
under Section 5-8-1.1, (ii) to community service, | 3 | | or (iii) if the person has a substance use disorder, as defined
| 4 | | in the Substance Use Disorder Act, to a treatment program
| 5 | | licensed under that Act. | 6 | | (o) Whenever a person is convicted of a sex offense as | 7 | | defined in Section 2 of the Sex Offender Registration Act, the | 8 | | defendant's driver's license or permit shall be subject to | 9 | | renewal on an annual basis in accordance with the provisions | 10 | | of license renewal established by the Secretary of State.
| 11 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | 12 | | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 13 | | 5-27-22.)
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