Full Text of HB4109 102nd General Assembly
HB4109 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4109 Introduced 9/3/2021, by Rep. Kambium Buckner, Kelly M. Cassidy and Robyn Gabel SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 | 720 ILCS 5/9-3.3 | from Ch. 38, par. 9-3.3 | 720 ILCS 5/12-3.3 | | 730 ILCS 5/5-4.5-20 | | 730 ILCS 5/5-4.5-25 | | 730 ILCS 5/5-4.5-30 | | 730 ILCS 5/5-4.5-35 | | 730 ILCS 5/5-4.5-40 | | 730 ILCS 5/5-4.5-45 | | 730 ILCS 5/5-4.5-95 | | 730 ILCS 5/5-4.5-120 new | | 730 ILCS 5/5-5-3 | | 730 ILCS 5/5-5-3.2 | | 730 ILCS 5/5-5-4 | from Ch. 38, par. 1005-5-4 | 730 ILCS 5/5-8-2 | from Ch. 38, par. 1005-8-2 |
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Amends the Unified Code of Corrections. Prohibits extended term sentences of incarceration and removes references to extended term sentencing. Provides that a person currently serving a sentence of incarceration for one or more felonies who was sentenced to an extended term may petition the court to be resentenced. Provides that a person who is resentenced shall be given credit for time served. Amends the Illinois Vehicle Code and the Criminal Code of 2012 to make conforming changes.
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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 Illinois Vehicle Code is amended by | 5 | | changing Section 6-303 as follows:
| 6 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 7 | | Sec. 6-303. Driving while driver's license, permit, or | 8 | | privilege to
operate a motor vehicle is suspended or revoked.
| 9 | | (a) Except as otherwise provided in subsection (a-5) or | 10 | | (a-7), any person who drives or is in actual physical control | 11 | | of a motor
vehicle on any highway of this State at a time when | 12 | | such person's driver's
license, permit, or privilege to do so | 13 | | or the privilege to obtain a driver's
license or permit is | 14 | | revoked or suspended as provided by this Code or the law
of | 15 | | another state, except as may be specifically allowed by a | 16 | | judicial driving
permit issued prior to January 1, 2009, | 17 | | monitoring device driving permit, family financial | 18 | | responsibility driving permit, probationary
license to drive, | 19 | | or a restricted driving permit issued pursuant to this Code
or | 20 | | under the law of another state, shall be guilty of a Class A | 21 | | misdemeanor.
| 22 | | (a-3) A second or subsequent violation of subsection (a) | 23 | | of this Section is a Class 4 felony if committed by a person |
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| 1 | | whose driving or operation of a motor vehicle is the proximate | 2 | | cause of a motor vehicle accident that causes personal injury | 3 | | or death to another. For purposes of this subsection, a | 4 | | personal injury includes any Type A injury as indicated on the | 5 | | traffic accident report completed by a law enforcement officer | 6 | | that requires immediate professional attention in either a | 7 | | doctor's office or a medical facility. A Type A injury | 8 | | includes severe bleeding wounds, distorted extremities, and | 9 | | injuries that require the injured party to be carried from the | 10 | | scene. | 11 | | (a-5) Any person who violates this Section as provided in | 12 | | subsection (a) while his or her driver's license, permit, or | 13 | | privilege is revoked because of a violation of Section 9-3 of | 14 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 15 | | relating to the offense of reckless homicide, or a violation | 16 | | of subparagraph (F) of paragraph (1) of subsection (d) of | 17 | | Section 11-501 of this Code, relating to the offense of | 18 | | aggravated driving under the influence of alcohol, other drug | 19 | | or drugs, or intoxicating compound or compounds, or any | 20 | | combination thereof when the violation was a proximate cause | 21 | | of a death, or a similar provision of a law of another state, | 22 | | is guilty of a Class 4 felony. The person shall be required to | 23 | | undergo a professional evaluation, as provided in Section | 24 | | 11-501 of this Code, to determine if an alcohol, drug, or | 25 | | intoxicating compound problem exists and the extent of the | 26 | | problem, and to undergo the imposition of treatment as |
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| 1 | | appropriate.
| 2 | | (a-7) Any person who violates this Section as provided in | 3 | | subsection (a) while his or her driver's license or privilege | 4 | | to drive is suspended under Section 6-306.5 or 7-702 of this | 5 | | Code shall receive a Uniform Traffic Citation from the law | 6 | | enforcement officer. A person who receives 3 or more Uniform | 7 | | Traffic Citations under this subsection (a-7) without paying | 8 | | any fees associated with the citations shall be guilty of a | 9 | | Class A misdemeanor. | 10 | | (a-10) A person's driver's license, permit, or privilege | 11 | | to obtain a driver's license or permit may be subject to | 12 | | multiple revocations, multiple suspensions, or any combination | 13 | | of both simultaneously. No revocation or suspension shall | 14 | | serve to negate, invalidate, cancel, postpone, or in any way | 15 | | lessen the effect of any other revocation or suspension | 16 | | entered prior or subsequent to any other revocation or | 17 | | suspension. | 18 | | (b) (Blank). | 19 | | (b-1) Except for a person under subsection (a-7) of this | 20 | | Section, upon receiving a report of the conviction of any | 21 | | violation indicating a person was operating a motor vehicle | 22 | | during the time when the person's driver's license, permit, or | 23 | | privilege was suspended by the Secretary of State or the | 24 | | driver's licensing administrator of another state, except as | 25 | | specifically allowed by a probationary license, judicial | 26 | | driving permit, restricted driving permit, or monitoring |
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| 1 | | device driving permit, the Secretary shall extend the | 2 | | suspension for the same period of time as the originally | 3 | | imposed suspension unless the suspension has already expired, | 4 | | in which case the Secretary shall be authorized to suspend the | 5 | | person's driving privileges for the same period of time as the | 6 | | originally imposed suspension. | 7 | | (b-2) Except as provided in subsection (b-6) or (a-7), | 8 | | upon receiving a report of the conviction of any violation | 9 | | indicating a person was operating a motor vehicle when the | 10 | | person's driver's license, permit, or privilege was revoked by | 11 | | the Secretary of State or the driver's license administrator | 12 | | of any other state, except as specifically allowed by a | 13 | | restricted driving permit issued pursuant to this Code or the | 14 | | law of another state, the Secretary shall not issue a driver's | 15 | | license for an additional period of one year from the date of | 16 | | such conviction indicating such person was operating a vehicle | 17 | | during such period of revocation. | 18 | | (b-3) (Blank).
| 19 | | (b-4) When the Secretary of State receives a report of a | 20 | | conviction of any violation indicating a person was operating | 21 | | a motor vehicle that was not equipped with an ignition | 22 | | interlock device during a time when the person was prohibited | 23 | | from operating a motor vehicle not equipped with such a | 24 | | device, the Secretary shall not issue a driver's license to | 25 | | that person for an additional period of one year from the date | 26 | | of the conviction.
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| 1 | | (b-5) Any person convicted of violating this Section shall | 2 | | serve a minimum
term of imprisonment of 30 consecutive days or | 3 | | 300
hours of community service
when the person's driving | 4 | | privilege was revoked or suspended as a result of a violation | 5 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012,
relating to the offense of reckless homicide, or | 7 | | a violation of subparagraph (F) of paragraph (1) of subsection | 8 | | (d) of Section 11-501 of this Code, relating to the offense of | 9 | | aggravated driving under the influence of alcohol, other drug | 10 | | or drugs, or intoxicating compound or compounds, or any | 11 | | combination thereof when the violation was a proximate cause | 12 | | of a death, or a similar provision of a law of another state.
| 13 | | The court may give credit toward the fulfillment of community | 14 | | service hours for participation in activities and treatment as | 15 | | determined by court services. | 16 | | (b-6) Upon receiving a report of a first conviction of | 17 | | operating a motor vehicle while the person's driver's license, | 18 | | permit, or privilege was revoked where the revocation was for | 19 | | a violation of Section 9-3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 relating to the offense of reckless | 21 | | homicide, or a violation of subparagraph (F) of paragraph (1) | 22 | | of subsection (d) of Section 11-501 of this Code, relating to | 23 | | the offense of aggravated driving under the influence of | 24 | | alcohol, other drug or drugs, or intoxicating compound or | 25 | | compounds, or any combination thereof when the violation was a | 26 | | proximate cause of a death, or a similar out-of-state offense, |
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| 1 | | the Secretary shall not issue a driver's license for an | 2 | | additional period of 3 years from the date of such conviction. | 3 | | (c) Except as provided in subsections (c-3) and (c-4), any | 4 | | person convicted of violating this Section shall serve a | 5 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 6 | | of community service
when the person's driving privilege was | 7 | | revoked or suspended as a result of:
| 8 | | (1) a violation of Section 11-501 of this Code or a | 9 | | similar provision
of a local ordinance relating to the | 10 | | offense of operating or being in physical
control of a | 11 | | vehicle while under the influence of alcohol, any other | 12 | | drug
or any combination thereof; or
| 13 | | (2) a violation of paragraph (b) of Section 11-401 of | 14 | | this Code or a
similar provision of a local ordinance | 15 | | relating to the offense of leaving the
scene of a motor | 16 | | vehicle accident involving personal injury or death; or
| 17 | | (3)
a statutory summary suspension or revocation under | 18 | | Section 11-501.1 of this
Code.
| 19 | | Such sentence of imprisonment or community service shall | 20 | | not be subject
to suspension in order to reduce such sentence.
| 21 | | (c-1) Except as provided in subsections (a-7), (c-5), and | 22 | | (d), any person convicted of a
second violation of this | 23 | | Section shall be ordered by the court to serve a
minimum
of 100 | 24 | | hours of community service. The court may give credit toward | 25 | | the fulfillment of community service hours for participation | 26 | | in activities and treatment as determined by court services.
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| 1 | | (c-2) In addition to other penalties imposed under this | 2 | | Section, the
court may impose on any person convicted a fourth | 3 | | time of violating this
Section any of
the following:
| 4 | | (1) Seizure of the license plates of the person's | 5 | | vehicle.
| 6 | | (2) Immobilization of the person's vehicle for a | 7 | | period of time
to be determined by the court.
| 8 | | (c-3) Any person convicted of a violation of this Section | 9 | | during a period of summary suspension imposed pursuant to | 10 | | Section 11-501.1 when the person was eligible for a monitoring | 11 | | device driving permit shall be guilty of a Class 4 felony and | 12 | | shall serve a minimum term of imprisonment of 30 days. | 13 | | (c-4) Any person who has been issued a monitoring device | 14 | | driving permit or a restricted driving permit which requires | 15 | | the person to operate only motor vehicles equipped with an | 16 | | ignition interlock device and who is convicted of a violation | 17 | | of this Section as a result of operating or being in actual | 18 | | physical control of a motor vehicle not equipped with an | 19 | | ignition interlock device at the time of the offense shall be | 20 | | guilty of a Class 4 felony and shall serve a minimum term of | 21 | | imprisonment of 30 days.
| 22 | | (c-5) Any person convicted of a second violation of this
| 23 | | Section is guilty of a Class 2 felony, is not eligible for | 24 | | probation or conditional discharge, and shall serve a | 25 | | mandatory term of
imprisonment, if: | 26 | | (1) the current violation occurred when the person's |
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| 1 | | driver's license was suspended or revoked for a violation | 2 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 3 | | Code of 2012, relating
to the offense of reckless | 4 | | homicide, or a violation of subparagraph (F) of paragraph | 5 | | (1) of subsection (d) of Section 11-501 of this Code, | 6 | | relating to the offense of aggravated driving under the | 7 | | influence of alcohol, other drug or drugs, or intoxicating | 8 | | compound or compounds, or any combination thereof when the | 9 | | violation was a proximate cause of a death, or a similar | 10 | | out-of-state offense; and | 11 | | (2) the prior conviction under this Section occurred | 12 | | while the person's driver's license was suspended or | 13 | | revoked for a violation of Section 9-3 of the Criminal | 14 | | Code of 1961 or the Criminal Code of 2012 relating to the | 15 | | offense of reckless homicide, or a violation of | 16 | | subparagraph (F) of paragraph (1) of subsection (d) of | 17 | | Section 11-501 of this Code, relating to the offense of | 18 | | aggravated driving under the influence of alcohol, other | 19 | | drug or drugs, or intoxicating compound or compounds, or | 20 | | any combination thereof when the violation was a proximate | 21 | | cause of a death, or a similar out-of-state offense, or | 22 | | was suspended or revoked for a violation of Section 11-401 | 23 | | or 11-501 of this Code, a similar out-of-state offense, a | 24 | | similar provision of a local ordinance, or a statutory | 25 | | summary suspension or revocation under Section 11-501.1 of | 26 | | this Code.
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| 1 | | (d) Any person convicted of a second violation of this
| 2 | | Section shall be guilty of a Class 4 felony and shall serve a | 3 | | minimum term of
imprisonment of 30 days or 300 hours of | 4 | | community service, as determined by the
court, if: | 5 | | (1) the current violation occurred when the person's | 6 | | driver's license was suspended or revoked for a violation | 7 | | of Section 11-401 or 11-501 of this Code,
a similar | 8 | | out-of-state offense, a similar provision of a local
| 9 | | ordinance, or a
statutory summary suspension or revocation | 10 | | under Section 11-501.1 of this Code; and | 11 | | (2) the prior conviction under this Section occurred | 12 | | while the person's driver's license was suspended or | 13 | | revoked for a violation of Section 11-401 or 11-501 of | 14 | | this Code, a similar out-of-state offense, a similar | 15 | | provision of a local ordinance, or a statutory summary | 16 | | suspension or revocation under Section 11-501.1 of this | 17 | | Code, or for a violation of Section 9-3 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012, relating to the | 19 | | offense of reckless homicide, or a violation of | 20 | | subparagraph (F) of paragraph (1) of subsection (d) of | 21 | | Section 11-501 of this Code, relating to the offense of | 22 | | aggravated driving under the influence of alcohol, other | 23 | | drug or drugs, or intoxicating compound or compounds, or | 24 | | any combination thereof when the violation was a proximate | 25 | | cause of a death, or a similar out-of-state offense.
| 26 | | The court may give credit toward the fulfillment of |
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| 1 | | community service hours for participation in activities and | 2 | | treatment as determined by court services. | 3 | | (d-1) Except as provided in subsections (a-7), (d-2), | 4 | | (d-2.5), and (d-3), any
person convicted of
a third or | 5 | | subsequent violation of this Section shall serve a minimum | 6 | | term of
imprisonment of 30 days or 300 hours of community | 7 | | service, as determined by the
court. The court may give credit | 8 | | toward the fulfillment of community service hours for | 9 | | participation in activities and treatment as determined by | 10 | | court services.
| 11 | | (d-2) Any person convicted of a third violation of this
| 12 | | Section is guilty of a Class 4 felony and must serve a minimum | 13 | | term of
imprisonment of 30 days, if: | 14 | | (1) the current violation occurred when the person's | 15 | | driver's license was suspended or revoked for a violation | 16 | | of Section 11-401 or 11-501 of this Code,
or a similar | 17 | | out-of-state offense, or a similar provision of a local
| 18 | | ordinance, or a
statutory summary suspension or revocation | 19 | | under Section 11-501.1 of this Code; and | 20 | | (2) the prior convictions under this Section occurred | 21 | | while the person's driver's license was suspended or | 22 | | revoked for a violation of Section 11-401 or 11-501 of | 23 | | this Code, a similar out-of-state offense, a similar | 24 | | provision of a local ordinance, or a statutory summary | 25 | | suspension or revocation under Section 11-501.1 of this | 26 | | Code, or for a violation of Section 9-3 of the Criminal |
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| 1 | | Code of 1961 or the Criminal Code of 2012, relating to the | 2 | | offense of reckless homicide, or a violation of | 3 | | subparagraph (F) of paragraph (1) of subsection (d) of | 4 | | Section 11-501 of this Code, relating to the offense of | 5 | | aggravated driving under the influence of alcohol, other | 6 | | drug or drugs, or intoxicating compound or compounds, or | 7 | | any combination thereof when the violation was a proximate | 8 | | cause of a death, or a similar out-of-state offense.
| 9 | | (d-2.5) Any person convicted of a third violation of this
| 10 | | Section is guilty of a Class 1 felony, is not eligible for | 11 | | probation or conditional discharge, and must serve a mandatory | 12 | | term of
imprisonment, if: | 13 | | (1) the current violation occurred while the person's | 14 | | driver's license was suspended or revoked for a violation | 15 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, relating to the offense of reckless | 17 | | homicide, or a violation of subparagraph (F) of paragraph | 18 | | (1) of subsection (d) of Section 11-501 of this Code, | 19 | | relating to the offense of aggravated driving under the | 20 | | influence of alcohol, other drug or drugs, or intoxicating | 21 | | compound or compounds, or any combination thereof when the | 22 | | violation was a proximate cause of a death, or a similar | 23 | | out-of-state offense.
The person's driving privileges | 24 | | shall be revoked for the remainder of the person's life; | 25 | | and | 26 | | (2) the prior convictions under this Section occurred |
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| 1 | | while the person's driver's license was suspended or | 2 | | revoked for a violation of Section 9-3 of the Criminal | 3 | | Code of 1961 or the Criminal Code of 2012, relating to the | 4 | | offense of reckless homicide, or a violation of | 5 | | subparagraph (F) of paragraph (1) of subsection (d) of | 6 | | Section 11-501 of this Code, relating to the offense of | 7 | | aggravated driving under the influence of alcohol, other | 8 | | drug or drugs, or intoxicating compound or compounds, or | 9 | | any combination thereof when the violation was a proximate | 10 | | cause of a death, or a similar out-of-state offense, or | 11 | | was suspended or revoked for a violation of Section 11-401 | 12 | | or 11-501 of this Code, a similar out-of-state offense, a | 13 | | similar provision of a local ordinance, or a statutory | 14 | | summary suspension or revocation under Section 11-501.1 of | 15 | | this Code. | 16 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 17 | | seventh, eighth, or ninth violation of this
Section is guilty | 18 | | of a Class 4 felony and must serve a minimum term of
| 19 | | imprisonment of 180 days, if: | 20 | | (1) the current violation occurred when the person's | 21 | | driver's license was suspended or revoked for a
violation | 22 | | of Section 11-401 or 11-501 of this Code, a similar | 23 | | out-of-state
offense, a similar provision of a local | 24 | | ordinance, or a statutory
summary suspension or revocation | 25 | | under Section 11-501.1 of this Code; and | 26 | | (2) the prior convictions under this Section occurred |
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| 1 | | while the person's driver's license was suspended or | 2 | | revoked for a violation of Section 11-401 or 11-501 of | 3 | | this Code, a similar out-of-state offense, a similar | 4 | | provision of a local ordinance, or a statutory summary | 5 | | suspension or revocation under Section 11-501.1 of this | 6 | | Code, or for a violation of Section 9-3 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012, relating to the | 8 | | offense of reckless homicide, or a violation of | 9 | | subparagraph (F) of paragraph (1) of subsection (d) of | 10 | | Section 11-501 of this Code, relating to the offense of | 11 | | aggravated driving under the influence of alcohol, other | 12 | | drug or drugs, or intoxicating compound or compounds, or | 13 | | any combination thereof when the violation was a proximate | 14 | | cause of a death, or a similar out-of-state offense.
| 15 | | (d-3.5) Any person convicted of a fourth or subsequent | 16 | | violation of this
Section is guilty of a Class 1 felony, is not | 17 | | eligible for probation or conditional discharge, and must | 18 | | serve a mandatory term of
imprisonment, and is eligible for an | 19 | | extended term, if: | 20 | | (1) the current violation occurred when the person's | 21 | | driver's license was suspended or revoked for a
violation | 22 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012, relating to the offense of reckless | 24 | | homicide, or a violation of subparagraph (F) of paragraph | 25 | | (1) of subsection (d) of Section 11-501 of this Code, | 26 | | relating to the offense of aggravated driving under the |
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| 1 | | influence of alcohol, other drug or drugs, or intoxicating | 2 | | compound or compounds, or any combination thereof when the | 3 | | violation was a proximate cause of a death, or a similar | 4 | | out-of-state offense; and | 5 | | (2) the prior convictions under this Section occurred | 6 | | while the person's driver's license was suspended or | 7 | | revoked for a violation of Section 9-3 of the Criminal | 8 | | Code of 1961 or the Criminal Code of 2012, relating to the | 9 | | offense of reckless homicide, or a violation of | 10 | | subparagraph (F) of paragraph (1) of subsection (d) of | 11 | | Section 11-501 of this Code, relating to the offense of | 12 | | aggravated driving under the influence of alcohol, other | 13 | | drug or drugs, or intoxicating compound or compounds, or | 14 | | any combination thereof when the violation was a proximate | 15 | | cause of a death, or a similar out-of-state offense, or | 16 | | was suspended or revoked for a violation of Section 11-401 | 17 | | or 11-501 of this Code, a similar out-of-state offense, a | 18 | | similar provision of a local ordinance, or a statutory | 19 | | summary suspension or revocation under Section 11-501.1 of | 20 | | this Code.
| 21 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 22 | | thirteenth, or fourteenth violation of this Section is guilty | 23 | | of a Class 3 felony, and is not eligible for probation or | 24 | | conditional discharge, if: | 25 | | (1) the current violation occurred when the person's | 26 | | driver's license was suspended or revoked for a violation |
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| 1 | | of Section 11-401 or 11-501 of this Code, or a similar | 2 | | out-of-state offense, or a similar provision of a local | 3 | | ordinance, or a statutory summary suspension or revocation | 4 | | under Section 11-501.1 of this Code; and | 5 | | (2) the prior convictions under this Section occurred | 6 | | while the person's driver's license was suspended or | 7 | | revoked for a violation of Section 11-401 or 11-501 of | 8 | | this Code, a similar out-of-state offense, a similar | 9 | | provision of a local ordinance, or a statutory suspension | 10 | | or revocation under Section 11-501.1 of this Code, or for | 11 | | a violation of Section 9-3 of the Criminal Code of 1961 or | 12 | | the Criminal Code of 2012, relating to the offense of | 13 | | reckless homicide, or a violation of subparagraph (F) of | 14 | | paragraph (1) of subsection (d) of Section 11-501 of this | 15 | | Code, relating to the offense of aggravated driving under | 16 | | the influence of alcohol, other drug or drugs, or | 17 | | intoxicating compound or compounds, or any combination | 18 | | thereof when the violation was a proximate cause of a | 19 | | death, or a similar out-of-state offense. | 20 | | (d-5) Any person convicted of a fifteenth or subsequent | 21 | | violation of this Section is guilty of a Class 2 felony, and is | 22 | | not eligible for probation or conditional discharge, if: | 23 | | (1) the current violation occurred when the person's | 24 | | driver's license was suspended or revoked for a violation | 25 | | of Section 11-401 or 11-501 of this Code, or a similar | 26 | | out-of-state offense, or a similar provision of a local |
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| 1 | | ordinance, or a statutory summary suspension or revocation | 2 | | under Section 11-501.1 of this Code; and | 3 | | (2) the prior convictions under this Section occurred | 4 | | while the person's driver's license was suspended or | 5 | | revoked for a violation of Section 11-401 or 11-501 of | 6 | | this Code, a similar out-of-state offense, a similar | 7 | | provision of a local ordinance, or a statutory summary | 8 | | suspension or revocation under Section 11-501.1 of this | 9 | | Code, or for a violation of Section 9-3 of the Criminal | 10 | | Code of 1961 or the Criminal Code of 2012, relating to the | 11 | | offense of reckless homicide, or a violation of | 12 | | subparagraph (F) of paragraph (1) of subsection (d) of | 13 | | Section 11-501 of this Code, relating to the offense of | 14 | | aggravated driving under the influence of alcohol, other | 15 | | drug or drugs, or intoxicating compound or compounds, or | 16 | | any combination thereof when the violation was a proximate | 17 | | cause of a death, or a similar out-of-state offense.
| 18 | | (e) Any person in violation of this Section who is also in | 19 | | violation of
Section 7-601 of this Code relating to mandatory | 20 | | insurance requirements, in
addition to other penalties imposed | 21 | | under this Section, shall have his or her
motor vehicle | 22 | | immediately impounded by the arresting law enforcement | 23 | | officer.
The motor vehicle may be released to any licensed | 24 | | driver upon a showing of
proof of insurance for the vehicle | 25 | | that was impounded and the notarized written
consent for the | 26 | | release by the vehicle owner.
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| 1 | | (f) For any prosecution under this Section, a certified | 2 | | copy of the
driving abstract of the defendant shall be | 3 | | admitted as proof of any prior
conviction.
| 4 | | (g) The motor vehicle used in a violation of this Section | 5 | | is subject
to seizure and forfeiture as provided in Sections | 6 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 7 | | driving privilege was revoked
or suspended as a result of: | 8 | | (1) a violation of Section 11-501 of this Code, a | 9 | | similar provision
of a local ordinance, or a similar | 10 | | provision of a law of another state; | 11 | | (2) a violation of paragraph (b) of Section 11-401 of | 12 | | this Code, a
similar provision of a local ordinance, or a | 13 | | similar provision of a law of another state; | 14 | | (3) a statutory summary suspension or revocation under | 15 | | Section 11-501.1 of this
Code or a similar provision of a | 16 | | law of another state; or | 17 | | (4) a violation of Section 9-3 of the Criminal Code of | 18 | | 1961 or the Criminal Code of 2012 relating to the offense | 19 | | of reckless homicide, or a violation of subparagraph (F) | 20 | | of paragraph (1) of subsection (d) of Section 11-501 of | 21 | | this Code, relating to the offense of aggravated driving | 22 | | under the influence of alcohol, other drug or drugs, or | 23 | | intoxicating compound or compounds, or any combination | 24 | | thereof when the violation was a proximate cause of a | 25 | | death, or a similar provision of a law of another state.
| 26 | | (Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18; |
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| 1 | | 100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
| 2 | | Section 10. The Criminal Code of 2012 is amended by | 3 | | changing Sections 9-3.3 and 12-3.3 as follows:
| 4 | | (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
| 5 | | Sec. 9-3.3. Drug-induced homicide.
| 6 | | (a) A person commits drug-induced homicide when he or she | 7 | | violates Section
401 of
the Illinois Controlled Substances Act | 8 | | or Section 55 of the Methamphetamine Control and Community | 9 | | Protection Act by unlawfully delivering a controlled
substance | 10 | | to another, and any person's death is caused by the injection,
| 11 | | inhalation, absorption, or ingestion of any amount of that | 12 | | controlled substance.
| 13 | | (a-5) A person commits drug-induced homicide when he or | 14 | | she violates the law of another jurisdiction, which if the | 15 | | violation had been committed in this State could be charged | 16 | | under Section 401 of the Illinois Controlled Substances Act or | 17 | | Section 55 of the Methamphetamine Control and Community | 18 | | Protection Act, by unlawfully delivering a controlled | 19 | | substance to another, and any person's death is caused in this | 20 | | State by the injection, inhalation, absorption, or ingestion | 21 | | of any amount of that controlled substance. | 22 | | (b) Sentence. Drug-induced homicide is a Class X felony, | 23 | | except:
| 24 | | (1) A person who commits drug-induced homicide by |
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| 1 | | violating subsection (a)
or subsection (c) of Section 401 | 2 | | of the Illinois Controlled Substances Act or Section 55 of | 3 | | the Methamphetamine Control and Community Protection Act
| 4 | | commits a Class X felony for which the
defendant shall in | 5 | | addition to a sentence authorized by law, be sentenced
to | 6 | | a term of imprisonment of not less than 15 years and not | 7 | | more than 30
years or an extended term of not less than 30 | 8 | | years and not more than 60 years .
| 9 | | (2) A person who commits drug-induced homicide by | 10 | | violating the law of another jurisdiction, which if the | 11 | | violation had been committed in this State could be | 12 | | charged under subsection (a) or subsection (c) of Section | 13 | | 401 of the Illinois Controlled Substances Act or Section | 14 | | 55 of the Methamphetamine Control and Community Protection | 15 | | Act, commits a Class X felony for which the defendant | 16 | | shall, in addition to a sentence authorized by law, be | 17 | | sentenced to a term of imprisonment of not less than 15 | 18 | | years and not more than 30 years or an extended term of not | 19 | | less than 30 years and not more than 60 years . | 20 | | (Source: P.A. 100-404, eff. 1-1-18 .)
| 21 | | (720 ILCS 5/12-3.3)
| 22 | | Sec. 12-3.3. Aggravated domestic battery.
| 23 | | (a) A person who, in committing a domestic battery,
| 24 | | knowingly causes great bodily harm, or permanent disability or | 25 | | disfigurement
commits aggravated domestic battery.
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| 1 | | (a-5) A person who, in committing a domestic battery, | 2 | | strangles another individual commits aggravated domestic | 3 | | battery. For the purposes of this subsection (a-5), "strangle" | 4 | | means intentionally impeding the normal breathing or | 5 | | circulation of the blood of an individual by applying pressure | 6 | | on the throat or neck of that individual or by blocking the | 7 | | nose or mouth of that individual. | 8 | | (b) Sentence. Aggravated domestic battery is a Class 2 | 9 | | felony. Any order
of probation or conditional discharge | 10 | | entered following a conviction for an
offense under this | 11 | | Section must include, in addition to any other condition of
| 12 | | probation or conditional discharge, a condition that the | 13 | | offender serve a
mandatory term of imprisonment of not less | 14 | | than 60 consecutive days. A person
convicted of a second or | 15 | | subsequent violation of this Section must be
sentenced to a | 16 | | mandatory term of imprisonment of not less than 3 years and not
| 17 | | more than 7 years or an extended term of imprisonment of not | 18 | | less than 7 years
and not more than 14 years .
| 19 | | (c) Upon conviction of aggravated domestic battery, the | 20 | | court shall advise the defendant orally or in writing, | 21 | | substantially as follows: "An individual convicted of | 22 | | aggravated domestic battery may be subject to federal criminal | 23 | | penalties for possessing, transporting, shipping, or receiving | 24 | | any firearm or ammunition in violation of the federal Gun | 25 | | Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation | 26 | | shall be made in the court file that the admonition was given. |
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| 1 | | (Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; | 2 | | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
| 3 | | Section 15. The Unified Code of Corrections is amended by | 4 | | changing Sections 5-4.5-20, 5-4.5-25, 5-4.5-30, 5-4.5-35, | 5 | | 5-4.5-40, 5-4.5-45, 5-4.5-95, 5-5-3, 5-5-3.2, 5-5-4, and 5-8-2 | 6 | | and by adding Section 5-4.5-120 as follows: | 7 | | (730 ILCS 5/5-4.5-20) | 8 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 9 | | degree murder: | 10 | | (a) TERM. The defendant shall be sentenced to imprisonment | 11 | | or, if appropriate, death under Section 9-1 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 13 | | Imprisonment shall be for a determinate term, subject to | 14 | | Section 5-4.5-115 of this Code, of (1) not less than 20 years | 15 | | and not more than 60 years; (2) (blank); not less than 60 years | 16 | | and not more than 100 years when an extended term is imposed | 17 | | under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | 18 | | provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 19 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 20 | | shall not be imposed.
| 21 | | (c) IMPACT INCARCERATION. The impact incarceration program | 22 | | or the county impact incarceration program is not an | 23 | | authorized disposition.
| 24 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of |
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| 1 | | probation or conditional discharge shall not be imposed.
| 2 | | (e) FINE. Fines may be imposed as provided in Section | 3 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 4 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 5 | | concerning restitution.
| 6 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 7 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 8 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 9 | | (h) DRUG COURT. Drug court is not an authorized | 10 | | disposition.
| 11 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 12 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 13 | | detention prior to judgment.
| 14 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 15 | | for rules and regulations for sentence credit.
| 16 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | 17 | | monitoring and home detention are not authorized dispositions, | 18 | | except in limited circumstances as provided in Section 5-8A-3 | 19 | | (730 ILCS 5/5-8A-3).
| 20 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 21 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 22 | | mandatory supervised release term shall be 3 years upon | 23 | | release from imprisonment.
| 24 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 25 | | 101-288, eff. 1-1-20 .) |
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| 1 | | (730 ILCS 5/5-4.5-25) | 2 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 3 | | felony: | 4 | | (a) TERM. The sentence of imprisonment shall be a | 5 | | determinate sentence, subject to Section 5-4.5-115 of this | 6 | | Code, of not less than 6 years and not more than 30 years. The | 7 | | sentence of imprisonment for an extended term Class X felony, | 8 | | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | 9 | | Section 5-4.5-115 of this Code, shall be not less than 30 years | 10 | | and not more than 60 years.
| 11 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 12 | | shall not be imposed.
| 13 | | (c) IMPACT INCARCERATION. The impact incarceration program | 14 | | or the county impact incarceration program is not an | 15 | | authorized disposition.
| 16 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 17 | | probation or conditional discharge shall not be imposed.
| 18 | | (e) FINE. Fines may be imposed as provided in Section | 19 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 20 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 21 | | concerning restitution.
| 22 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 23 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 24 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 25 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 26 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
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| 1 | | program.
| 2 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 3 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 4 | | detention prior to judgment.
| 5 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 6 | | for rules and regulations for sentence credit.
| 7 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 8 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 9 | | electronic monitoring and home detention.
| 10 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 11 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 12 | | 5/5-8-1), the parole or mandatory supervised release term | 13 | | shall be 3 years upon release from imprisonment.
| 14 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 15 | | 101-288, eff. 1-1-20 .) | 16 | | (730 ILCS 5/5-4.5-30) | 17 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | 18 | | felony: | 19 | | (a) TERM. The sentence of imprisonment, other than for | 20 | | second degree murder, shall be a determinate sentence of not | 21 | | less than 4 years and not more than 15 years, subject to | 22 | | Section 5-4.5-115 of this Code. The sentence of imprisonment | 23 | | for second degree murder shall be a determinate sentence of | 24 | | not less than 4 years and not more than 20 years, subject to | 25 | | Section 5-4.5-115 of this Code. The sentence of imprisonment |
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| 1 | | for an extended term Class 1 felony, as provided in Section | 2 | | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this | 3 | | Code, shall be a term not less than 15 years and not more than | 4 | | 30 years.
| 5 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 6 | | imprisonment shall be for a definite term of from 3 to 4 years, | 7 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 8 | | ILCS 5/5-5-3 or 5/5-7-1).
| 9 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 10 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 11 | | the impact incarceration program or the county impact | 12 | | incarceration program.
| 13 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 14 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 15 | | period of probation or conditional discharge shall not exceed | 16 | | 4 years. The court shall specify the conditions of probation | 17 | | or conditional discharge as set forth in Section 5-6-3 (730 | 18 | | ILCS 5/5-6-3). In no case shall an offender be eligible for a | 19 | | disposition of probation or conditional discharge for a Class | 20 | | 1 felony committed while he or she was serving a term of | 21 | | probation or conditional discharge for a felony.
| 22 | | (e) FINE. Fines may be imposed as provided in Section | 23 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 24 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 25 | | concerning restitution.
| 26 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
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| 1 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 2 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 3 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 4 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 5 | | program.
| 6 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 7 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 8 | | detention prior to judgment.
| 9 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 10 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 11 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 12 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 13 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 14 | | electronic monitoring and home detention.
| 15 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 16 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 17 | | 5/5-8-1), the parole or mandatory supervised release term | 18 | | shall be 2 years upon release from imprisonment.
| 19 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 20 | | 101-288, eff. 1-1-20 .) | 21 | | (730 ILCS 5/5-4.5-35) | 22 | | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | 23 | | felony: | 24 | | (a) TERM. The sentence of imprisonment shall be a | 25 | | determinate sentence of not less than 3 years and not more than |
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| 1 | | 7 years. The sentence of imprisonment for an extended term | 2 | | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | 3 | | 5/5-8-2), shall be a term not less than 7 years and not more | 4 | | than 14 years.
| 5 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 6 | | imprisonment shall be for a definite term of from 18 to 30 | 7 | | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | 8 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
| 9 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 10 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 11 | | the impact incarceration program or the county impact | 12 | | incarceration program.
| 13 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 14 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 15 | | period of probation or conditional discharge shall not exceed | 16 | | 4 years. The court shall specify the conditions of probation | 17 | | or conditional discharge as set forth in Section 5-6-3 (730 | 18 | | ILCS 5/5-6-3).
| 19 | | (e) FINE. Fines may be imposed as provided in Section | 20 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 21 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 22 | | concerning restitution.
| 23 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 24 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 25 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 26 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
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| 1 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 2 | | program.
| 3 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 4 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 5 | | detention prior to judgment.
| 6 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 7 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 8 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 9 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 10 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 11 | | electronic monitoring and home detention.
| 12 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 13 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 14 | | 5/5-8-1), the parole or mandatory supervised release term | 15 | | shall be 2 years upon release from imprisonment.
| 16 | | (Source: P.A. 100-431, eff. 8-25-17.) | 17 | | (730 ILCS 5/5-4.5-40) | 18 | | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | 19 | | felony: | 20 | | (a) TERM. The sentence of imprisonment shall be a | 21 | | determinate sentence of not less than 2 years and not more than | 22 | | 5 years. The sentence of imprisonment for an extended term | 23 | | Class 3 felony, as provided in Section 5-8-2 (730 ILCS | 24 | | 5/5-8-2), shall be a term not less than 5 years and not more | 25 | | than 10 years.
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| 1 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 2 | | imprisonment shall be for a definite term of up to 18 months, | 3 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 4 | | ILCS 5/5-5-3 or 5/5-7-1).
| 5 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 6 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 7 | | the impact incarceration program or the county impact | 8 | | incarceration program.
| 9 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 10 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 11 | | period of probation or conditional discharge shall not exceed | 12 | | 30 months. The court shall specify the conditions of probation | 13 | | or conditional discharge as set forth in Section 5-6-3 (730 | 14 | | ILCS 5/5-6-3).
| 15 | | (e) FINE. Fines may be imposed as provided in Section | 16 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 17 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 18 | | concerning restitution.
| 19 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 20 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 21 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 22 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 23 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 24 | | program.
| 25 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 26 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
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| 1 | | detention prior to judgment.
| 2 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 3 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 4 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 5 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 6 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 7 | | electronic monitoring and home detention.
| 8 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 9 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 10 | | 5/5-8-1), the parole or mandatory supervised release term | 11 | | shall be one year upon release from imprisonment.
| 12 | | (Source: P.A. 100-431, eff. 8-25-17.) | 13 | | (730 ILCS 5/5-4.5-45) | 14 | | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | 15 | | felony: | 16 | | (a) TERM. The sentence of imprisonment shall be a | 17 | | determinate sentence of not less than one year and not more | 18 | | than 3 years. The sentence of imprisonment for an extended | 19 | | term Class 4 felony, as provided in Section 5-8-2 (730 ILCS | 20 | | 5/5-8-2), shall be a term not less than 3 years and not more | 21 | | than 6 years.
| 22 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 23 | | imprisonment shall be for a definite term of up to 18 months, | 24 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 25 | | ILCS 5/5-5-3 or 5/5-7-1).
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| 1 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 2 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 3 | | the impact incarceration program or the county impact | 4 | | incarceration program.
| 5 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 6 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 7 | | period of probation or conditional discharge shall not exceed | 8 | | 30 months. The court shall specify the conditions of probation | 9 | | or conditional discharge as set forth in Section 5-6-3 (730 | 10 | | ILCS 5/5-6-3).
| 11 | | (e) FINE. Fines may be imposed as provided in Section | 12 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 13 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 14 | | concerning restitution.
| 15 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 16 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 17 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 18 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 19 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 20 | | program.
| 21 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 22 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 23 | | detention prior to judgment.
| 24 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 25 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 26 | | (730 ILCS 130/) for rules and regulations for sentence credit.
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| 1 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 2 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 3 | | electronic monitoring and home detention.
| 4 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 5 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 6 | | 5/5-8-1), the parole or mandatory supervised release term | 7 | | shall be one year upon release from imprisonment.
| 8 | | (Source: P.A. 100-431, eff. 8-25-17.) | 9 | | (730 ILCS 5/5-4.5-95) | 10 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 11 | | (a) HABITUAL CRIMINALS. | 12 | | (1) Every person who has been twice convicted in any | 13 | | state or federal court of an offense that contains the | 14 | | same elements as an offense now (the date of the offense | 15 | | committed after the 2 prior convictions) classified in | 16 | | Illinois as a Class X felony, criminal sexual assault, | 17 | | aggravated kidnapping, or first degree murder, and who is | 18 | | thereafter convicted of a Class X felony, criminal sexual | 19 | | assault, or first degree murder, committed after the 2 | 20 | | prior convictions, shall be adjudged an habitual criminal. | 21 | | (2) The 2 prior convictions need not have been for the | 22 | | same offense. | 23 | | (3) Any convictions that result from or are connected | 24 | | with the same transaction, or result from offenses | 25 | | committed at the same time, shall be counted for the |
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| 1 | | purposes of this Section as one conviction. | 2 | | (4) This Section does not apply unless each of the | 3 | | following requirements are satisfied: | 4 | | (A) The third offense was committed after July 3, | 5 | | 1980. | 6 | | (B) The third offense was committed within 20 | 7 | | years of the date that judgment was entered on the | 8 | | first conviction; provided, however, that time spent | 9 | | in custody shall not be counted. | 10 | | (C) The third offense was committed after | 11 | | conviction on the second offense. | 12 | | (D) The second offense was committed after | 13 | | conviction on the first offense. | 14 | | (E) The first offense was committed when the | 15 | | person was 21 years of age or older. | 16 | | (5) Anyone who is adjudged an habitual criminal shall | 17 | | be sentenced to a term of natural life imprisonment. | 18 | | (6) A prior conviction shall not be alleged in the | 19 | | indictment, and no evidence or other disclosure of that | 20 | | conviction shall be presented to the court or the jury | 21 | | during the trial of an offense set forth in this Section | 22 | | unless otherwise permitted by the issues properly raised | 23 | | in that trial. After a plea or verdict or finding of guilty | 24 | | and before sentence is imposed, the prosecutor may file | 25 | | with the court a verified written statement signed by the | 26 | | State's Attorney concerning any former conviction of an |
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| 1 | | offense set forth in this Section rendered against the | 2 | | defendant. The court shall then cause the defendant to be | 3 | | brought before it; shall inform the defendant of the | 4 | | allegations of the statement so filed, and of his or her | 5 | | right to a hearing before the court on the issue of that | 6 | | former conviction and of his or her right to counsel at | 7 | | that hearing; and unless the defendant admits such | 8 | | conviction, shall hear and determine the issue, and shall | 9 | | make a written finding thereon. If a sentence has | 10 | | previously been imposed, the court may vacate that | 11 | | sentence and impose a new sentence in accordance with this | 12 | | Section. | 13 | | (7) A duly authenticated copy of the record of any | 14 | | alleged former conviction of an offense set forth in this | 15 | | Section shall be prima facie evidence of that former | 16 | | conviction; and a duly authenticated copy of the record of | 17 | | the defendant's final release or discharge from probation | 18 | | granted, or from sentence and parole supervision (if any) | 19 | | imposed pursuant to that former conviction, shall be prima | 20 | | facie evidence of that release or discharge. | 21 | | (8) Any claim that a previous conviction offered by | 22 | | the prosecution is not a former conviction of an offense | 23 | | set forth in this Section because of the existence of any | 24 | | exceptions described in this Section, is waived unless | 25 | | duly raised at the hearing on that conviction, or unless | 26 | | the prosecution's proof shows the existence of the |
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| 1 | | exceptions described in this Section. | 2 | | (9) If the person so convicted shows to the | 3 | | satisfaction of the court before whom that conviction was | 4 | | had that he or she was released from imprisonment, upon | 5 | | either of the sentences upon a pardon granted for the | 6 | | reason that he or she was innocent, that conviction and | 7 | | sentence shall not be considered under this Section.
| 8 | | (b) (Blank). When a defendant, over the age of 21 years, is | 9 | | convicted of a Class 1 or Class 2 forcible felony after having | 10 | | twice been convicted in any state or federal court of an | 11 | | offense that contains the same elements as an offense now (the | 12 | | date the Class 1 or Class 2 forcible felony was committed) | 13 | | classified in Illinois as a Class 2 or greater Class forcible | 14 | | felony and those charges are separately brought and tried and | 15 | | arise out of different series of acts, that defendant shall be | 16 | | sentenced as a Class X offender. This subsection does not | 17 | | apply unless: | 18 | | (1) the first forcible felony was committed after | 19 | | February 1, 1978 (the effective date of Public Act | 20 | | 80-1099); | 21 | | (2) the second forcible felony was committed after | 22 | | conviction on the first; | 23 | | (3) the third forcible felony was committed after | 24 | | conviction on the second; and | 25 | | (4) the first offense was committed when the person | 26 | | was 21 years of age or older. |
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| 1 | | (c) (Blank). | 2 | | A person sentenced as a Class X offender under this | 3 | | subsection (b) is not eligible to apply for treatment as a | 4 | | condition of probation as provided by Section 40-10 of the | 5 | | Substance Use Disorder Act (20 ILCS 301/40-10).
| 6 | | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; | 7 | | 101-652, eff. 7-1-21.) | 8 | | (730 ILCS 5/5-4.5-120 new) | 9 | | Sec. 5-4.5-120. Application; resentencing. | 10 | | (a) Notwithstanding any provision of this Code to the | 11 | | contrary, the changes made by this amendatory Act of the 102nd | 12 | | General Assembly apply to offenses committed before the | 13 | | effective date of this amendatory Act of the 102nd General | 14 | | Assembly, and to offenses committed on or after the effective | 15 | | date of this amendatory Act of the 102nd General Assembly. | 16 | | (b) A person: | 17 | | (1) who is serving a sentence of incarceration on the | 18 | | effective date of this amendatory Act of the 102nd General | 19 | | Assembly for a conviction for, or plea of guilty to, one or | 20 | | more felonies; and | 21 | | (2) who was sentenced to an extended term for one or | 22 | | more of those felonies; | 23 | | may petition the trial court that entered the judgment of | 24 | | conviction in his or her case to be resentenced in accordance | 25 | | with the changes made by this amendatory Act of the 102nd |
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| 1 | | General Assembly. | 2 | | A person who is resentenced under this subsection shall be | 3 | | given credit for time served. Under no circumstances may | 4 | | resentencing under this subsection result in the imposition of | 5 | | a term longer than the original sentence imposed.
| 6 | | (730 ILCS 5/5-5-3)
| 7 | | Sec. 5-5-3. Disposition.
| 8 | | (a) (Blank).
| 9 | | (b) (Blank).
| 10 | | (c) (1) (Blank).
| 11 | | (2) A period of probation, a term of periodic imprisonment | 12 | | or
conditional discharge shall not be imposed for the | 13 | | following offenses.
The court shall sentence the offender to | 14 | | not less than the minimum term
of imprisonment set forth in | 15 | | this Code for the following offenses, and
may order a fine or | 16 | | restitution or both in conjunction with such term of
| 17 | | imprisonment:
| 18 | | (A) First degree murder where the death penalty is not | 19 | | imposed.
| 20 | | (B) Attempted first degree murder.
| 21 | | (C) A Class X felony.
| 22 | | (D) A violation of Section 401.1 or 407 of the
| 23 | | Illinois Controlled Substances Act, or a violation of | 24 | | subdivision (c)(1.5) of
Section 401 of that Act which | 25 | | relates to more than 5 grams of a substance
containing |
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| 1 | | fentanyl or an analog thereof.
| 2 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 3 | | of the Illinois Controlled Substances Act which relates to | 4 | | 3 or more grams of a substance
containing heroin or an | 5 | | analog thereof. | 6 | | (E) (Blank).
| 7 | | (F) A Class 1 or greater felony if the offender had | 8 | | been convicted
of a Class 1 or greater felony, including | 9 | | any state or federal conviction for an offense that | 10 | | contained, at the time it was committed, the same elements | 11 | | as an offense now (the date of the offense committed after | 12 | | the prior Class 1 or greater felony) classified as a Class | 13 | | 1 or greater felony, within 10 years of the date on which | 14 | | the
offender
committed the offense for which he or she is | 15 | | being sentenced, except as
otherwise provided in Section | 16 | | 40-10 of the Substance Use Disorder Act.
| 17 | | (F-3) A Class 2 or greater felony sex offense or | 18 | | felony firearm offense if the offender had been convicted | 19 | | of a Class 2 or greater felony, including any state or | 20 | | federal conviction for an offense that contained, at the | 21 | | time it was committed, the same elements as an offense now | 22 | | (the date of the offense committed after the prior Class 2 | 23 | | or greater felony) classified as a Class 2 or greater | 24 | | felony, within 10 years of the date on which the offender | 25 | | committed the offense for which he or she is being | 26 | | sentenced, except as otherwise provided in Section 40-10 |
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| 1 | | of the Substance Use Disorder Act. | 2 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | 3 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 4 | | for which imprisonment is prescribed in those Sections. | 5 | | (G) Residential burglary, except as otherwise provided | 6 | | in Section 40-10
of the Substance Use Disorder Act.
| 7 | | (H) Criminal sexual assault.
| 8 | | (I) Aggravated battery of a senior citizen as | 9 | | described in Section 12-4.6 or subdivision (a)(4) of | 10 | | Section 12-3.05 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012.
| 12 | | (J) A forcible felony if the offense was related to | 13 | | the activities of an
organized gang.
| 14 | | Before July 1, 1994, for the purposes of this | 15 | | paragraph, "organized
gang" means an association of 5 or | 16 | | more persons, with an established hierarchy,
that | 17 | | encourages members of the association to perpetrate crimes | 18 | | or provides
support to the members of the association who | 19 | | do commit crimes.
| 20 | | Beginning July 1, 1994, for the purposes of this | 21 | | paragraph,
"organized gang" has the meaning ascribed to it | 22 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 23 | | Prevention Act.
| 24 | | (K) Vehicular hijacking.
| 25 | | (L) A second or subsequent conviction for the offense | 26 | | of hate crime
when the underlying offense upon which the |
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| 1 | | hate crime is based is felony
aggravated
assault or felony | 2 | | mob action.
| 3 | | (M) A second or subsequent conviction for the offense | 4 | | of institutional
vandalism if the damage to the property | 5 | | exceeds $300.
| 6 | | (N) A Class 3 felony violation of paragraph (1) of | 7 | | subsection (a) of
Section 2 of the Firearm Owners | 8 | | Identification Card Act.
| 9 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 11 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 12 | | or (7) of
subsection (a)
of Section 11-20.1 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 14 | | (Q) A violation of subsection (b) or (b-5) of Section | 15 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 16 | | Code of
1961 or the Criminal Code of 2012.
| 17 | | (R) A violation of Section 24-3A of the Criminal Code | 18 | | of
1961 or the Criminal Code of 2012.
| 19 | | (S) (Blank).
| 20 | | (T) (Blank).
| 21 | | (U) A second or subsequent violation of Section 6-303 | 22 | | of the Illinois Vehicle Code committed while his or her | 23 | | driver's license, permit, or privilege was revoked because | 24 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 25 | | or the Criminal Code of 2012, relating to the offense of | 26 | | reckless homicide, or a similar provision of a law of |
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| 1 | | another state.
| 2 | | (V)
A violation of paragraph (4) of subsection (c) of | 3 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 4 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 5 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 6 | | Code of 2012 when the victim is under 13 years of age and | 7 | | the defendant has previously been convicted under the laws | 8 | | of this State or any other state of the offense of child | 9 | | pornography, aggravated child pornography, aggravated | 10 | | criminal sexual abuse, aggravated criminal sexual assault, | 11 | | predatory criminal sexual assault of a child, or any of | 12 | | the offenses formerly known as rape, deviate sexual | 13 | | assault, indecent liberties with a child, or aggravated | 14 | | indecent liberties with a child where the victim was under | 15 | | the age of 18 years or an offense that is substantially | 16 | | equivalent to those offenses. | 17 | | (W) A violation of Section 24-3.5 of the Criminal Code | 18 | | of 1961 or the Criminal Code of 2012.
| 19 | | (X) A violation of subsection (a) of Section 31-1a of | 20 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 21 | | (Y) A conviction for unlawful possession of a firearm | 22 | | by a street gang member when the firearm was loaded or | 23 | | contained firearm ammunition. | 24 | | (Z) A Class 1 felony committed while he or she was | 25 | | serving a term of probation or conditional discharge for a | 26 | | felony. |
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| 1 | | (AA) Theft of property exceeding $500,000 and not | 2 | | exceeding $1,000,000 in value. | 3 | | (BB) Laundering of criminally derived property of a | 4 | | value exceeding
$500,000. | 5 | | (CC) Knowingly selling, offering for sale, holding for | 6 | | sale, or using 2,000 or more counterfeit items or | 7 | | counterfeit items having a retail value in the aggregate | 8 | | of $500,000 or more. | 9 | | (DD) A conviction for aggravated assault under | 10 | | paragraph (6) of subsection (c) of Section 12-2 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 12 | | firearm is aimed toward the person against whom the | 13 | | firearm is being used. | 14 | | (EE) A conviction for a violation of paragraph (2) of | 15 | | subsection (a) of Section 24-3B of the Criminal Code of | 16 | | 2012. | 17 | | (3) (Blank).
| 18 | | (4) A minimum term of imprisonment of not less than 10
| 19 | | consecutive days or 30 days of community service shall be | 20 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 21 | | the Illinois Vehicle Code.
| 22 | | (4.1) (Blank).
| 23 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 24 | | this subsection (c), a
minimum of
100 hours of community | 25 | | service shall be imposed for a second violation of
Section | 26 | | 6-303
of the Illinois Vehicle Code.
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| 1 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 2 | | hours of community
service, as determined by the court, shall
| 3 | | be imposed for a second violation of subsection (c) of Section | 4 | | 6-303 of the
Illinois Vehicle Code.
| 5 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 6 | | (4.9) of this
subsection (c), a
minimum term of imprisonment | 7 | | of 30 days or 300 hours of community service, as
determined by | 8 | | the court, shall
be imposed
for a third or subsequent | 9 | | violation of Section 6-303 of the Illinois Vehicle
Code. The | 10 | | court may give credit toward the fulfillment of community | 11 | | service hours for participation in activities and treatment as | 12 | | determined by court services.
| 13 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 14 | | imposed for a third violation of subsection (c) of
Section | 15 | | 6-303 of the Illinois Vehicle Code.
| 16 | | (4.6) Except as provided in paragraph (4.10) of this | 17 | | subsection (c), a minimum term of imprisonment of 180 days | 18 | | shall be imposed for a
fourth or subsequent violation of | 19 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 20 | | (4.7) A minimum term of imprisonment of not less than 30 | 21 | | consecutive days, or 300 hours of community service, shall be | 22 | | imposed for a violation of subsection (a-5) of Section 6-303 | 23 | | of the Illinois Vehicle Code, as provided in subsection (b-5) | 24 | | of that Section.
| 25 | | (4.8) A mandatory prison sentence shall be imposed for a | 26 | | second violation of subsection (a-5) of Section 6-303 of the |
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| 1 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 2 | | Section. The person's driving privileges shall be revoked for | 3 | | a period of not less than 5 years from the date of his or her | 4 | | release from prison.
| 5 | | (4.9) A mandatory prison sentence of not less than 4 and | 6 | | not more than 15 years shall be imposed for a third violation | 7 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 8 | | Code, as provided in subsection (d-2.5) of that Section. The | 9 | | person's driving privileges shall be revoked for the remainder | 10 | | of his or her life.
| 11 | | (4.10) A mandatory prison sentence for a Class 1 felony | 12 | | shall be imposed , and the person shall be eligible for an | 13 | | extended term sentence, for a fourth or subsequent violation | 14 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 15 | | Code, as provided in subsection (d-3.5) of that Section. The | 16 | | person's driving privileges shall be revoked for the remainder | 17 | | of his or her life.
| 18 | | (5) The court may sentence a corporation or unincorporated
| 19 | | association convicted of any offense to:
| 20 | | (A) a period of conditional discharge;
| 21 | | (B) a fine;
| 22 | | (C) make restitution to the victim under Section 5-5-6 | 23 | | of this Code.
| 24 | | (5.1) In addition to any other penalties imposed, and | 25 | | except as provided in paragraph (5.2) or (5.3), a person
| 26 | | convicted of violating subsection (c) of Section 11-907 of the |
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| 1 | | Illinois
Vehicle Code shall have his or her driver's license, | 2 | | permit, or privileges
suspended for at least 90 days but not | 3 | | more than one year, if the violation
resulted in damage to the | 4 | | property of another person.
| 5 | | (5.2) In addition to any other penalties imposed, and | 6 | | except as provided in paragraph (5.3), a person convicted
of | 7 | | violating subsection (c) of Section 11-907 of the Illinois | 8 | | Vehicle Code
shall have his or her driver's license, permit, | 9 | | or privileges suspended for at
least 180 days but not more than | 10 | | 2 years, if the violation resulted in injury
to
another | 11 | | person.
| 12 | | (5.3) In addition to any other penalties imposed, a person | 13 | | convicted of violating subsection (c) of Section
11-907 of the | 14 | | Illinois Vehicle Code shall have his or her driver's license,
| 15 | | permit, or privileges suspended for 2 years, if the violation | 16 | | resulted in the
death of another person.
| 17 | | (5.4) In addition to any other penalties imposed, a person | 18 | | convicted of violating Section 3-707 of the Illinois Vehicle | 19 | | Code shall have his or her driver's license, permit, or | 20 | | privileges suspended for 3 months and until he or she has paid | 21 | | a reinstatement fee of $100. | 22 | | (5.5) In addition to any other penalties imposed, a person | 23 | | convicted of violating Section 3-707 of the Illinois Vehicle | 24 | | Code during a period in which his or her driver's license, | 25 | | permit, or privileges were suspended for a previous violation | 26 | | of that Section shall have his or her driver's license, |
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| 1 | | permit, or privileges suspended for an additional 6 months | 2 | | after the expiration of the original 3-month suspension and | 3 | | until he or she has paid a reinstatement fee of $100.
| 4 | | (6) (Blank).
| 5 | | (7) (Blank).
| 6 | | (8) (Blank).
| 7 | | (9) A defendant convicted of a second or subsequent | 8 | | offense of ritualized
abuse of a child may be sentenced to a | 9 | | term of natural life imprisonment.
| 10 | | (10) (Blank).
| 11 | | (11) The court shall impose a minimum fine of $1,000 for a | 12 | | first offense
and $2,000 for a second or subsequent offense | 13 | | upon a person convicted of or
placed on supervision for | 14 | | battery when the individual harmed was a sports
official or | 15 | | coach at any level of competition and the act causing harm to | 16 | | the
sports
official or coach occurred within an athletic | 17 | | facility or within the immediate vicinity
of the athletic | 18 | | facility at which the sports official or coach was an active
| 19 | | participant
of the athletic contest held at the athletic | 20 | | facility. For the purposes of
this paragraph (11), "sports | 21 | | official" means a person at an athletic contest
who enforces | 22 | | the rules of the contest, such as an umpire or referee; | 23 | | "athletic facility" means an indoor or outdoor playing field | 24 | | or recreational area where sports activities are conducted;
| 25 | | and "coach" means a person recognized as a coach by the | 26 | | sanctioning
authority that conducted the sporting event. |
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| 1 | | (12) A person may not receive a disposition of court | 2 | | supervision for a
violation of Section 5-16 of the Boat | 3 | | Registration and Safety Act if that
person has previously | 4 | | received a disposition of court supervision for a
violation of | 5 | | that Section.
| 6 | | (13) A person convicted of or placed on court supervision | 7 | | for an assault or aggravated assault when the victim and the | 8 | | offender are family or household members as defined in Section | 9 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 10 | | of domestic battery or aggravated domestic battery may be | 11 | | required to attend a Partner Abuse Intervention Program under | 12 | | protocols set forth by the Illinois Department of Human | 13 | | Services under such terms and conditions imposed by the court. | 14 | | The costs of such classes shall be paid by the offender.
| 15 | | (d) In any case in which a sentence originally imposed is | 16 | | vacated,
the case shall be remanded to the trial court. The | 17 | | trial court shall
hold a hearing under Section 5-4-1 of this | 18 | | Code
which may include evidence of the defendant's life, moral | 19 | | character and
occupation during the time since the original | 20 | | sentence was passed. The
trial court shall then impose | 21 | | sentence upon the defendant. The trial
court may impose any | 22 | | sentence which could have been imposed at the
original trial | 23 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated | 24 | | on appeal or on collateral attack due to the
failure of the | 25 | | trier of fact at trial to determine beyond a reasonable doubt
| 26 | | the
existence of a fact (other than a prior conviction) |
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| 1 | | necessary to increase the
punishment for the offense beyond | 2 | | the statutory maximum otherwise applicable,
either the | 3 | | defendant may be re-sentenced to a term within the range | 4 | | otherwise
provided or, if the State files notice of its | 5 | | intention to again seek the
extended sentence, the defendant | 6 | | shall be afforded a new trial .
| 7 | | (e) In cases where prosecution for
aggravated criminal | 8 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 9 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 10 | | of a defendant
who was a family member of the victim at the | 11 | | time of the commission of the
offense, the court shall | 12 | | consider the safety and welfare of the victim and
may impose a | 13 | | sentence of probation only where:
| 14 | | (1) the court finds (A) or (B) or both are | 15 | | appropriate:
| 16 | | (A) the defendant is willing to undergo a court | 17 | | approved counseling
program for a minimum duration of | 18 | | 2 years; or
| 19 | | (B) the defendant is willing to participate in a | 20 | | court approved plan
including but not limited to the | 21 | | defendant's:
| 22 | | (i) removal from the household;
| 23 | | (ii) restricted contact with the victim;
| 24 | | (iii) continued financial support of the | 25 | | family;
| 26 | | (iv) restitution for harm done to the victim; |
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| 1 | | and
| 2 | | (v) compliance with any other measures that | 3 | | the court may
deem appropriate; and
| 4 | | (2) the court orders the defendant to pay for the | 5 | | victim's counseling
services, to the extent that the court | 6 | | finds, after considering the
defendant's income and | 7 | | assets, that the defendant is financially capable of
| 8 | | paying for such services, if the victim was under 18 years | 9 | | of age at the
time the offense was committed and requires | 10 | | counseling as a result of the
offense.
| 11 | | Probation may be revoked or modified pursuant to Section | 12 | | 5-6-4; except
where the court determines at the hearing that | 13 | | the defendant violated a
condition of his or her probation | 14 | | restricting contact with the victim or
other family members or | 15 | | commits another offense with the victim or other
family | 16 | | members, the court shall revoke the defendant's probation and
| 17 | | impose a term of imprisonment.
| 18 | | For the purposes of this Section, "family member" and | 19 | | "victim" shall have
the meanings ascribed to them in Section | 20 | | 11-0.1 of the Criminal Code of
2012.
| 21 | | (f) (Blank).
| 22 | | (g) Whenever a defendant is convicted of an offense under | 23 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 24 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 25 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 26 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
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| 1 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012,
the defendant shall undergo medical | 3 | | testing to
determine whether the defendant has any sexually | 4 | | transmissible disease,
including a test for infection with | 5 | | human immunodeficiency virus (HIV) or
any other identified | 6 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 7 | | Any such medical test shall be performed only by appropriately
| 8 | | licensed medical practitioners and may include an analysis of | 9 | | any bodily
fluids as well as an examination of the defendant's | 10 | | person.
Except as otherwise provided by law, the results of | 11 | | such test shall be kept
strictly confidential by all medical | 12 | | personnel involved in the testing and must
be personally | 13 | | delivered in a sealed envelope to the judge of the court in | 14 | | which
the conviction was entered for the judge's inspection in | 15 | | camera. Acting in
accordance with the best interests of the | 16 | | victim and the public, the judge
shall have the discretion to | 17 | | determine to whom, if anyone, the results of the
testing may be | 18 | | revealed. The court shall notify the defendant
of the test | 19 | | results. The court shall
also notify the victim if requested | 20 | | by the victim, and if the victim is under
the age of 15 and if | 21 | | requested by the victim's parents or legal guardian, the
court | 22 | | shall notify the victim's parents or legal guardian of the | 23 | | test
results.
The court shall provide information on the | 24 | | availability of HIV testing
and counseling at Department of | 25 | | Public Health facilities to all parties to
whom the results of | 26 | | the testing are revealed and shall direct the State's
Attorney |
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| 1 | | to provide the information to the victim when possible.
A | 2 | | State's Attorney may petition the court to obtain the results | 3 | | of any HIV test
administered under this Section, and the court | 4 | | shall grant the disclosure if
the State's Attorney shows it is | 5 | | relevant in order to prosecute a charge of
criminal | 6 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 8 | | defendant. The court shall order that the cost of any such test
| 9 | | shall be paid by the county and may be taxed as costs against | 10 | | the convicted
defendant.
| 11 | | (g-5) When an inmate is tested for an airborne | 12 | | communicable disease, as
determined by the Illinois Department | 13 | | of Public Health including but not
limited to tuberculosis, | 14 | | the results of the test shall be
personally delivered by the | 15 | | warden or his or her designee in a sealed envelope
to the judge | 16 | | of the court in which the inmate must appear for the judge's
| 17 | | inspection in camera if requested by the judge. Acting in | 18 | | accordance with the
best interests of those in the courtroom, | 19 | | the judge shall have the discretion
to determine what if any | 20 | | precautions need to be taken to prevent transmission
of the | 21 | | disease in the courtroom.
| 22 | | (h) Whenever a defendant is convicted of an offense under | 23 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 24 | | defendant shall undergo
medical testing to determine whether | 25 | | the defendant has been exposed to human
immunodeficiency virus | 26 | | (HIV) or any other identified causative agent of
acquired |
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| 1 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 2 | | by
law, the results of such test shall be kept strictly | 3 | | confidential by all
medical personnel involved in the testing | 4 | | and must be personally delivered in a
sealed envelope to the | 5 | | judge of the court in which the conviction was entered
for the | 6 | | judge's inspection in camera. Acting in accordance with the | 7 | | best
interests of the public, the judge shall have the | 8 | | discretion to determine to
whom, if anyone, the results of the | 9 | | testing may be revealed. The court shall
notify the defendant | 10 | | of a positive test showing an infection with the human
| 11 | | immunodeficiency virus (HIV). The court shall provide | 12 | | information on the
availability of HIV testing and counseling | 13 | | at Department of Public Health
facilities to all parties to | 14 | | whom the results of the testing are revealed and
shall direct | 15 | | the State's Attorney to provide the information to the victim | 16 | | when
possible. A State's Attorney may petition the court to | 17 | | obtain the results of
any HIV test administered under this | 18 | | Section, and the court shall grant the
disclosure if the | 19 | | State's Attorney shows it is relevant in order to prosecute a
| 20 | | charge of criminal transmission of HIV under Section 12-5.01 | 21 | | or 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 22 | | 2012 against the defendant. The court shall order that the | 23 | | cost of any
such test shall be paid by the county and may be | 24 | | taxed as costs against the
convicted defendant.
| 25 | | (i) All fines and penalties imposed under this Section for | 26 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
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| 1 | | Vehicle Code, or a similar
provision of a local ordinance, and | 2 | | any violation
of the Child Passenger Protection Act, or a | 3 | | similar provision of a local
ordinance, shall be collected and | 4 | | disbursed by the circuit
clerk as provided under the Criminal | 5 | | and Traffic Assessment Act.
| 6 | | (j) In cases when prosecution for any violation of Section | 7 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 8 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 9 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 10 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 11 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 12 | | Code of 2012, any violation of the Illinois Controlled | 13 | | Substances Act,
any violation of the Cannabis Control Act, or | 14 | | any violation of the Methamphetamine Control and Community | 15 | | Protection Act results in conviction, a
disposition of court | 16 | | supervision, or an order of probation granted under
Section 10 | 17 | | of the Cannabis Control Act, Section 410 of the Illinois
| 18 | | Controlled Substances Act, or Section 70 of the | 19 | | Methamphetamine Control and Community Protection Act of a | 20 | | defendant, the court shall determine whether the
defendant is | 21 | | employed by a facility or center as defined under the Child | 22 | | Care
Act of 1969, a public or private elementary or secondary | 23 | | school, or otherwise
works with children under 18 years of age | 24 | | on a daily basis. When a defendant
is so employed, the court | 25 | | shall order the Clerk of the Court to send a copy of
the | 26 | | judgment of conviction or order of supervision or probation to |
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| 1 | | the
defendant's employer by certified mail.
If the employer of | 2 | | the defendant is a school, the Clerk of the Court shall
direct | 3 | | the mailing of a copy of the judgment of conviction or order of
| 4 | | supervision or probation to the appropriate regional | 5 | | superintendent of schools.
The regional superintendent of | 6 | | schools shall notify the State Board of
Education of any | 7 | | notification under this subsection.
| 8 | | (j-5) A defendant at least 17 years of age who is convicted | 9 | | of a felony and
who has not been previously convicted of a | 10 | | misdemeanor or felony and who is
sentenced to a term of | 11 | | imprisonment in the Illinois Department of Corrections
shall | 12 | | as a condition of his or her sentence be required by the court | 13 | | to attend
educational courses designed to prepare the | 14 | | defendant for a high school diploma
and to work toward a high | 15 | | school diploma or to work toward passing high school | 16 | | equivalency testing or to work toward
completing a vocational | 17 | | training program offered by the Department of
Corrections. If | 18 | | a defendant fails to complete the educational training
| 19 | | required by his or her sentence during the term of | 20 | | incarceration, the Prisoner
Review Board shall, as a condition | 21 | | of mandatory supervised release, require the
defendant, at his | 22 | | or her own expense, to pursue a course of study toward a high
| 23 | | school diploma or passage of high school equivalency testing. | 24 | | The Prisoner Review Board shall
revoke the mandatory | 25 | | supervised release of a defendant who wilfully fails to
comply | 26 | | with this subsection (j-5) upon his or her release from |
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| 1 | | confinement in a
penal institution while serving a mandatory | 2 | | supervised release term; however,
the inability of the | 3 | | defendant after making a good faith effort to obtain
financial | 4 | | aid or pay for the educational training shall not be deemed a | 5 | | wilful
failure to comply. The Prisoner Review Board shall | 6 | | recommit the defendant
whose mandatory supervised release term | 7 | | has been revoked under this subsection
(j-5) as provided in | 8 | | Section 3-3-9. This subsection (j-5) does not apply to a
| 9 | | defendant who has a high school diploma or has successfully | 10 | | passed high school equivalency testing. This subsection (j-5) | 11 | | does not apply to a defendant who is determined by
the court to | 12 | | be a person with a developmental disability or otherwise | 13 | | mentally incapable of
completing the educational or vocational | 14 | | program.
| 15 | | (k) (Blank).
| 16 | | (l) (A) Except as provided
in paragraph (C) of subsection | 17 | | (l), whenever a defendant,
who is an alien as defined by the | 18 | | Immigration and Nationality Act, is convicted
of any felony or | 19 | | misdemeanor offense, the court after sentencing the defendant
| 20 | | may, upon motion of the State's Attorney, hold sentence in | 21 | | abeyance and remand
the defendant to the custody of the | 22 | | Attorney General of
the United States or his or her designated | 23 | | agent to be deported 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 | | Otherwise, the defendant shall be sentenced as provided in | 5 | | this Chapter V.
| 6 | | (B) If the defendant has already been sentenced for a | 7 | | felony or
misdemeanor
offense, or has been placed on probation | 8 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 9 | | the Illinois Controlled Substances Act, or Section 70 of the | 10 | | Methamphetamine Control and Community Protection Act, the | 11 | | court
may, upon motion of the State's Attorney to suspend the
| 12 | | sentence imposed, commit the defendant to the custody of the | 13 | | Attorney General
of the United States or his or her designated | 14 | | agent when:
| 15 | | (1) a final order of deportation has been issued | 16 | | against the defendant
pursuant to proceedings under the | 17 | | Immigration and Nationality Act, and
| 18 | | (2) the deportation of the defendant would not | 19 | | deprecate the seriousness
of the defendant's conduct and | 20 | | would not be inconsistent with the ends of
justice.
| 21 | | (C) This subsection (l) does not apply to offenders who | 22 | | are subject to the
provisions of paragraph (2) of subsection | 23 | | (a) of Section 3-6-3.
| 24 | | (D) Upon motion of the State's Attorney, if a defendant | 25 | | sentenced under
this Section returns to the jurisdiction of | 26 | | the United States, the defendant
shall be recommitted to the |
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| 1 | | custody of the county from which he or she was
sentenced.
| 2 | | Thereafter, the defendant shall be brought before the | 3 | | sentencing court, which
may impose any sentence that was | 4 | | available under Section 5-5-3 at the time of
initial | 5 | | sentencing. In addition, the defendant shall not be eligible | 6 | | for
additional earned sentence credit as provided under
| 7 | | Section 3-6-3.
| 8 | | (m) A person convicted of criminal defacement of property | 9 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012, in which the property damage exceeds | 11 | | $300
and the property damaged is a school building, shall be | 12 | | ordered to perform
community service that may include cleanup, | 13 | | removal, or painting over the
defacement.
| 14 | | (n) The court may sentence a person convicted of a | 15 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 16 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 18 | | incarceration program if the person is otherwise eligible for | 19 | | that program
under Section 5-8-1.1, (ii) to community service, | 20 | | or (iii) if the person has a substance use disorder, as defined
| 21 | | in the Substance Use Disorder Act, to a treatment program
| 22 | | licensed under that Act. | 23 | | (o) Whenever a person is convicted of a sex offense as | 24 | | defined in Section 2 of the Sex Offender Registration Act, the | 25 | | defendant's driver's license or permit shall be subject to | 26 | | renewal on an annual basis in accordance with the provisions |
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| 1 | | of license renewal established by the Secretary of State.
| 2 | | (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; | 3 | | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
| 4 | | (730 ILCS 5/5-5-3.2)
| 5 | | (Text of Section before amendment by P.A. 101-652 )
| 6 | | Sec. 5-5-3.2. Factors in aggravation and extended-term | 7 | | sentencing .
| 8 | | (a) The following factors shall be accorded weight in | 9 | | favor of
imposing a term of imprisonment or may be considered | 10 | | by the court as reasons
to impose a more severe sentence under | 11 | | Section 5-8-1 or Article 4.5 of Chapter V:
| 12 | | (1) the defendant's conduct caused or threatened | 13 | | serious harm;
| 14 | | (2) the defendant received compensation for committing | 15 | | the offense;
| 16 | | (3) the defendant has a history of prior delinquency | 17 | | or criminal activity;
| 18 | | (4) the defendant, by the duties of his office or by | 19 | | his position,
was obliged to prevent the particular | 20 | | offense committed or to bring
the offenders committing it | 21 | | to justice;
| 22 | | (5) the defendant held public office at the time of | 23 | | the offense,
and the offense related to the conduct of | 24 | | that office;
| 25 | | (6) the defendant utilized his professional reputation |
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| 1 | | or
position in the community to commit the offense, or to | 2 | | afford
him an easier means of committing it;
| 3 | | (7) the sentence is necessary to deter others from | 4 | | committing
the same crime;
| 5 | | (8) the defendant committed the offense against a | 6 | | person 60 years of age
or older or such person's property;
| 7 | | (9) the defendant committed the offense against a | 8 | | person who has a physical disability or such person's | 9 | | property;
| 10 | | (10) by reason of another individual's actual or | 11 | | perceived race, color,
creed, religion, ancestry, gender, | 12 | | sexual orientation, physical or mental
disability, or | 13 | | national origin, the defendant committed the offense | 14 | | against (i)
the person or property
of that individual; | 15 | | (ii) the person or property of a person who has an
| 16 | | association with, is married to, or has a friendship with | 17 | | the other individual;
or (iii) the person or property of a | 18 | | relative (by blood or marriage) of a
person described in | 19 | | clause (i) or (ii). For the purposes of this Section,
| 20 | | "sexual orientation" has the meaning ascribed to it in | 21 | | paragraph (O-1) of Section 1-103 of the Illinois Human | 22 | | Rights Act;
| 23 | | (11) the offense took place in a place of worship or on | 24 | | the
grounds of a place of worship, immediately prior to, | 25 | | during or immediately
following worship services. For | 26 | | purposes of this subparagraph, "place of
worship" shall |
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| 1 | | mean any church, synagogue or other building, structure or
| 2 | | place used primarily for religious worship;
| 3 | | (12) the defendant was convicted of a felony committed | 4 | | while he was
released on bail or his own recognizance | 5 | | pending trial for a prior felony
and was convicted of such | 6 | | prior felony, or the defendant was convicted of a
felony | 7 | | committed while he was serving a period of probation,
| 8 | | conditional discharge, or mandatory supervised release | 9 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 10 | | (13) the defendant committed or attempted to commit a | 11 | | felony while he
was wearing a bulletproof vest. For the | 12 | | purposes of this paragraph (13), a
bulletproof vest is any | 13 | | device which is designed for the purpose of
protecting the | 14 | | wearer from bullets, shot or other lethal projectiles;
| 15 | | (14) the defendant held a position of trust or | 16 | | supervision such as, but
not limited to, family member as | 17 | | defined in Section 11-0.1 of the Criminal Code
of 2012, | 18 | | teacher, scout leader, baby sitter, or day care worker, in
| 19 | | relation to a victim under 18 years of age, and the | 20 | | defendant committed an
offense in violation of Section | 21 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 22 | | 11-14.4 except for an offense that involves keeping a | 23 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 24 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 25 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 26 | | of 2012
against
that victim;
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| 1 | | (15) the defendant committed an offense related to the | 2 | | activities of an
organized gang. For the purposes of this | 3 | | factor, "organized gang" has the
meaning ascribed to it in | 4 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 5 | | Act;
| 6 | | (16) the defendant committed an offense in violation | 7 | | of one of the
following Sections while in a school, | 8 | | regardless of the time of day or time of
year; on any | 9 | | conveyance owned, leased, or contracted by a school to | 10 | | transport
students to or from school or a school related | 11 | | activity; on the real property
of a school; or on a public | 12 | | way within 1,000 feet of the real property
comprising any | 13 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | 14 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | 15 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | 16 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | 17 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | 18 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| 19 | | 1961 or the Criminal Code of 2012;
| 20 | | (16.5) the defendant committed an offense in violation | 21 | | of one of the
following Sections while in a day care | 22 | | center, regardless of the time of day or
time of year; on | 23 | | the real property of a day care center, regardless of the | 24 | | time
of day or time of year; or on a public
way within | 25 | | 1,000 feet of the real property comprising any day care | 26 | | center,
regardless of the time of day or time of year:
|
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| 1 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 2 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | 3 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 4 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 5 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 6 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 7 | | Criminal Code of 2012;
| 8 | | (17) the defendant committed the offense by reason of | 9 | | any person's
activity as a community policing volunteer or | 10 | | to prevent any person from
engaging in activity as a | 11 | | community policing volunteer. For the purpose of
this | 12 | | Section, "community policing volunteer" has the meaning | 13 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 14 | | 2012;
| 15 | | (18) the defendant committed the offense in a nursing | 16 | | home or on the
real
property comprising a nursing home. | 17 | | For the purposes of this paragraph (18),
"nursing home" | 18 | | means a skilled nursing
or intermediate long term care | 19 | | facility that is subject to license by the
Illinois | 20 | | Department of Public Health under the Nursing Home Care
| 21 | | Act, the Specialized Mental Health Rehabilitation Act of | 22 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| 23 | | (19) the defendant was a federally licensed firearm | 24 | | dealer
and
was
previously convicted of a violation of | 25 | | subsection (a) of Section 3 of the
Firearm Owners | 26 | | Identification Card Act and has now committed either a |
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| 1 | | felony
violation
of the Firearm Owners Identification Card | 2 | | Act or an act of armed violence while
armed
with a firearm; | 3 | | (20) the defendant (i) committed the offense of | 4 | | reckless homicide under Section 9-3 of the Criminal Code | 5 | | of 1961 or the Criminal Code of 2012 or the offense of | 6 | | driving under the influence of alcohol, other drug or
| 7 | | drugs, intoxicating compound or compounds or any | 8 | | combination thereof under Section 11-501 of the Illinois | 9 | | Vehicle Code or a similar provision of a local ordinance | 10 | | and (ii) was operating a motor vehicle in excess of 20 | 11 | | miles per hour over the posted speed limit as provided in | 12 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
| 13 | | (21) the defendant (i) committed the offense of | 14 | | reckless driving or aggravated reckless driving under | 15 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 16 | | operating a motor vehicle in excess of 20 miles per hour | 17 | | over the posted speed limit as provided in Article VI of | 18 | | Chapter 11 of the Illinois Vehicle Code; | 19 | | (22) the defendant committed the offense against a | 20 | | person that the defendant knew, or reasonably should have | 21 | | known, was a member of the Armed Forces of the United | 22 | | States serving on active duty. For purposes of this clause | 23 | | (22), the term "Armed Forces" means any of the Armed | 24 | | Forces of the United States, including a member of any | 25 | | reserve component thereof or National Guard unit called to | 26 | | active duty;
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| 1 | | (23)
the defendant committed the offense against a | 2 | | person who was elderly or infirm or who was a person with a | 3 | | disability by taking advantage of a family or fiduciary | 4 | | relationship with the elderly or infirm person or person | 5 | | with a disability;
| 6 | | (24)
the defendant committed any offense under Section | 7 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 8 | | of 2012 and possessed 100 or more images;
| 9 | | (25) the defendant committed the offense while the | 10 | | defendant or the victim was in a train, bus, or other | 11 | | vehicle used for public transportation; | 12 | | (26) the defendant committed the offense of child | 13 | | pornography or aggravated child pornography, specifically | 14 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 15 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 17 | | solicited for, depicted in, or posed in any act of sexual | 18 | | penetration or bound, fettered, or subject to sadistic, | 19 | | masochistic, or sadomasochistic abuse in a sexual context | 20 | | and specifically including paragraph (1), (2), (3), (4), | 21 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 22 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 23 | | engaged in, solicited for, depicted in, or posed in any | 24 | | act of sexual penetration or bound, fettered, or subject | 25 | | to sadistic, masochistic, or sadomasochistic abuse in a | 26 | | sexual context; |
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| 1 | | (27) the defendant committed the offense of first | 2 | | degree murder, assault, aggravated assault, battery, | 3 | | aggravated battery, robbery, armed robbery, or aggravated | 4 | | robbery against a person who was a veteran and the | 5 | | defendant knew, or reasonably should have known, that the | 6 | | person was a veteran performing duties as a representative | 7 | | of a veterans' organization. For the purposes of this | 8 | | paragraph (27), "veteran" means an Illinois resident who | 9 | | has served as a member of the United States Armed Forces, a | 10 | | member of the Illinois National Guard, or a member of the | 11 | | United States Reserve Forces; and "veterans' organization" | 12 | | means an organization comprised of members of
which | 13 | | substantially all are individuals who are veterans or | 14 | | spouses,
widows, or widowers of veterans, the primary | 15 | | purpose of which is to
promote the welfare of its members | 16 | | and to provide assistance to the general
public in such a | 17 | | way as to confer a public benefit; | 18 | | (28) the defendant committed the offense of assault, | 19 | | aggravated assault, battery, aggravated battery, robbery, | 20 | | armed robbery, or aggravated robbery against a person that | 21 | | the defendant knew or reasonably should have known was a | 22 | | letter carrier or postal worker while that person was | 23 | | performing his or her duties delivering mail for the | 24 | | United States Postal Service; | 25 | | (29) the defendant committed the offense of criminal | 26 | | sexual assault, aggravated criminal sexual assault, |
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| 1 | | criminal sexual abuse, or aggravated criminal sexual abuse | 2 | | against a victim with an intellectual disability, and the | 3 | | defendant holds a position of trust, authority, or | 4 | | supervision in relation to the victim; | 5 | | (30) the defendant committed the offense of promoting | 6 | | juvenile prostitution, patronizing a prostitute, or | 7 | | patronizing a minor engaged in prostitution and at the | 8 | | time of the commission of the offense knew that the | 9 | | prostitute or minor engaged in prostitution was in the | 10 | | custody or guardianship of the Department of Children and | 11 | | Family Services; | 12 | | (31) the defendant (i) committed the offense of | 13 | | driving while under the influence of alcohol, other drug | 14 | | or drugs, intoxicating compound or compounds or any | 15 | | combination thereof in violation of Section 11-501 of the | 16 | | Illinois Vehicle Code or a similar provision of a local | 17 | | ordinance and (ii) the defendant during the commission of | 18 | | the offense was driving his or her vehicle upon a roadway | 19 | | designated for one-way traffic in the opposite direction | 20 | | of the direction indicated by official traffic control | 21 | | devices; or | 22 | | (32) the defendant committed the offense of reckless | 23 | | homicide while committing a violation of Section 11-907 of | 24 | | the Illinois Vehicle Code ; . | 25 | | (33) (32) the defendant was found guilty of an | 26 | | administrative infraction related to an act or acts of |
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| 1 | | public indecency or sexual misconduct in the penal | 2 | | institution. In this paragraph (33) (32) , "penal | 3 | | institution" has the same meaning as in Section 2-14 of | 4 | | the Criminal Code of 2012 ; or . | 5 | | (34) (32) the defendant committed the offense of | 6 | | leaving the scene of an accident in violation of | 7 | | subsection (b) of Section 11-401 of the Illinois Vehicle | 8 | | Code and the accident resulted in the death of a person and | 9 | | at the time of the offense, the defendant was: (i) driving | 10 | | under the influence of alcohol, other drug or drugs, | 11 | | intoxicating compound or compounds or any combination | 12 | | thereof as defined by Section 11-501 of the Illinois | 13 | | Vehicle Code; or (ii) operating the motor vehicle while | 14 | | using an electronic communication device as defined in | 15 | | Section 12-610.2 of the Illinois Vehicle Code. | 16 | | For the purposes of this Section:
| 17 | | "School" is defined as a public or private
elementary or | 18 | | secondary school, community college, college, or university.
| 19 | | "Day care center" means a public or private State | 20 | | certified and
licensed day care center as defined in Section | 21 | | 2.09 of the Child Care Act of
1969 that displays a sign in | 22 | | plain view stating that the
property is a day care center.
| 23 | | "Intellectual disability" means significantly subaverage | 24 | | intellectual functioning which exists concurrently
with | 25 | | impairment in adaptive behavior. | 26 | | "Public transportation" means the transportation
or |
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| 1 | | conveyance of persons by means available to the general | 2 | | public, and includes paratransit services. | 3 | | "Traffic control devices" means all signs, signals, | 4 | | markings, and devices that conform to the Illinois Manual on | 5 | | Uniform Traffic Control Devices, placed or erected by | 6 | | authority of a public body or official having jurisdiction, | 7 | | for the purpose of regulating, warning, or guiding traffic. | 8 | | (b) (Blank). The following factors, related to all | 9 | | felonies, may be considered by the court as
reasons to impose | 10 | | an extended term sentence under Section 5-8-2
upon any | 11 | | offender:
| 12 | | (1) When a defendant is convicted of any felony, after | 13 | | having
been previously convicted in Illinois or any other | 14 | | jurisdiction of the
same or similar class felony or | 15 | | greater class felony, when such conviction
has occurred | 16 | | within 10 years after the
previous conviction, excluding | 17 | | time spent in custody, and such charges are
separately | 18 | | brought and tried and arise out of different series of | 19 | | acts; or
| 20 | | (2) When a defendant is convicted of any felony and | 21 | | the court
finds that the offense was accompanied by | 22 | | exceptionally brutal
or heinous behavior indicative of | 23 | | wanton cruelty; or
| 24 | | (3) When a defendant is convicted of any felony | 25 | | committed against:
| 26 | | (i) a person under 12 years of age at the time of |
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| 1 | | the offense or such
person's property;
| 2 | | (ii) a person 60 years of age or older at the time | 3 | | of the offense or
such person's property; or
| 4 | | (iii) a person who had a physical disability at | 5 | | the time of the offense or
such person's property; or
| 6 | | (4) When a defendant is convicted of any felony and | 7 | | the offense
involved any of the following types of | 8 | | specific misconduct committed as
part of a ceremony, rite, | 9 | | initiation, observance, performance, practice or
activity | 10 | | of any actual or ostensible religious, fraternal, or | 11 | | social group:
| 12 | | (i) the brutalizing or torturing of humans or | 13 | | animals;
| 14 | | (ii) the theft of human corpses;
| 15 | | (iii) the kidnapping of humans;
| 16 | | (iv) the desecration of any cemetery, religious, | 17 | | fraternal, business,
governmental, educational, or | 18 | | other building or property; or
| 19 | | (v) ritualized abuse of a child; or
| 20 | | (5) When a defendant is convicted of a felony other | 21 | | than conspiracy and
the court finds that
the felony was | 22 | | committed under an agreement with 2 or more other persons
| 23 | | to commit that offense and the defendant, with respect to | 24 | | the other
individuals, occupied a position of organizer, | 25 | | supervisor, financier, or any
other position of management | 26 | | or leadership, and the court further finds that
the felony |
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| 1 | | committed was related to or in furtherance of the criminal
| 2 | | activities of an organized gang or was motivated by the | 3 | | defendant's leadership
in an organized gang; or
| 4 | | (6) When a defendant is convicted of an offense | 5 | | committed while using a firearm with a
laser sight | 6 | | attached to it. For purposes of this paragraph, "laser | 7 | | sight"
has the meaning ascribed to it in Section 26-7 of | 8 | | the Criminal Code of
2012; or
| 9 | | (7) When a defendant who was at least 17 years of age | 10 | | at the
time of
the commission of the offense is convicted | 11 | | of a felony and has been previously
adjudicated a | 12 | | delinquent minor under the Juvenile Court Act of 1987 for | 13 | | an act
that if committed by an adult would be a Class X or | 14 | | Class 1 felony when the
conviction has occurred within 10 | 15 | | years after the previous adjudication,
excluding time | 16 | | spent in custody; or
| 17 | | (8) When a defendant commits any felony and the | 18 | | defendant used, possessed, exercised control over, or | 19 | | otherwise directed an animal to assault a law enforcement | 20 | | officer engaged in the execution of his or her official | 21 | | duties or in furtherance of the criminal activities of an | 22 | | organized gang in which the defendant is engaged; or
| 23 | | (9) When a defendant commits any felony and the | 24 | | defendant knowingly video or audio records the offense | 25 | | with the intent to disseminate the recording. | 26 | | (c) (Blank). The following factors may be considered by |
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| 1 | | the court as reasons to impose an extended term sentence under | 2 | | Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the | 3 | | listed offenses: | 4 | | (1) When a defendant is convicted of first degree | 5 | | murder, after having been previously convicted in Illinois | 6 | | of any offense listed under paragraph (c)(2) of Section | 7 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | 8 | | occurred within 10 years after the previous conviction, | 9 | | excluding time spent in custody, and the charges are | 10 | | separately brought and tried and arise out of different | 11 | | series of acts. | 12 | | (1.5) When a defendant is convicted of first degree | 13 | | murder, after having been previously convicted of domestic | 14 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 15 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 16 | | having been previously convicted of violation of an order | 17 | | of protection (720 ILCS 5/12-30) in which the same victim | 18 | | was the protected person. | 19 | | (2) When a defendant is convicted of voluntary | 20 | | manslaughter, second degree murder, involuntary | 21 | | manslaughter, or reckless homicide in which the defendant | 22 | | has been convicted of causing the death of more than one | 23 | | individual. | 24 | | (3) When a defendant is convicted of aggravated | 25 | | criminal sexual assault or criminal sexual assault, when | 26 | | there is a finding that aggravated criminal sexual assault |
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| 1 | | or criminal sexual assault was also committed on the same | 2 | | victim by one or more other individuals, and the defendant | 3 | | voluntarily participated in the crime with the knowledge | 4 | | of the participation of the others in the crime, and the | 5 | | commission of the crime was part of a single course of | 6 | | conduct during which there was no substantial change in | 7 | | the nature of the criminal objective. | 8 | | (4) If the victim was under 18 years of age at the time | 9 | | of the commission of the offense, when a defendant is | 10 | | convicted of aggravated criminal sexual assault or | 11 | | predatory criminal sexual assault of a child under | 12 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | 13 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 15 | | (5) When a defendant is convicted of a felony | 16 | | violation of Section 24-1 of the Criminal Code of 1961 or | 17 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 18 | | finding that the defendant is a member of an organized | 19 | | gang. | 20 | | (6) When a defendant was convicted of unlawful use of | 21 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 22 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 23 | | a weapon that is not readily distinguishable as one of the | 24 | | weapons enumerated in Section 24-1 of the Criminal Code of | 25 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 26 | | (7) When a defendant is convicted of an offense |
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| 1 | | involving the illegal manufacture of a controlled | 2 | | substance under Section 401 of the Illinois Controlled | 3 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 4 | | of methamphetamine under Section 25 of the Methamphetamine | 5 | | Control and Community Protection Act (720 ILCS 646/25), or | 6 | | the illegal possession of explosives and an emergency | 7 | | response officer in the performance of his or her duties | 8 | | is killed or injured at the scene of the offense while | 9 | | responding to the emergency caused by the commission of | 10 | | the offense. In this paragraph, "emergency" means a | 11 | | situation in which a person's life, health, or safety is | 12 | | in jeopardy; and "emergency response officer" means a | 13 | | peace officer, community policing volunteer, fireman, | 14 | | emergency medical technician-ambulance, emergency medical | 15 | | technician-intermediate, emergency medical | 16 | | technician-paramedic, ambulance driver, other medical | 17 | | assistance or first aid personnel, or hospital emergency | 18 | | room personnel.
| 19 | | (8) When the defendant is convicted of attempted mob | 20 | | action, solicitation to commit mob action, or conspiracy | 21 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the | 22 | | Criminal Code of 2012, where the criminal object is a | 23 | | violation of Section 25-1 of the Criminal Code of 2012, | 24 | | and an electronic communication is used in the commission | 25 | | of the offense. For the purposes of this paragraph (8), | 26 | | "electronic communication" shall have the meaning provided |
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| 1 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 2 | | (d) For the purposes of this Section, "organized gang" has | 3 | | the meaning
ascribed to it in Section 10 of the Illinois | 4 | | Streetgang Terrorism Omnibus
Prevention Act.
| 5 | | (e) (Blank). The court may impose an extended term | 6 | | sentence under Article 4.5 of Chapter V upon an offender who | 7 | | has been convicted of a felony violation of Section 11-1.20, | 8 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, | 9 | | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012 when the victim of the offense is under 18 years | 11 | | of age at the time of the commission of the offense and, during | 12 | | the commission of the offense, the victim was under the | 13 | | influence of alcohol, regardless of whether or not the alcohol | 14 | | was supplied by the offender; and the offender, at the time of | 15 | | the commission of the offense, knew or should have known that | 16 | | the victim had consumed alcohol. | 17 | | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | 18 | | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.) | 19 | | (Text of Section after amendment by P.A. 101-652 ) | 20 | | Sec. 5-5-3.2. Factors in aggravation and extended-term | 21 | | sentencing .
| 22 | | (a) The following factors shall be accorded weight in | 23 | | favor of
imposing a term of imprisonment or may be considered | 24 | | by the court as reasons
to impose a more severe sentence under | 25 | | Section 5-8-1 or Article 4.5 of Chapter V:
|
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| 1 | | (1) the defendant's conduct caused or threatened | 2 | | serious harm;
| 3 | | (2) the defendant received compensation for committing | 4 | | the offense;
| 5 | | (3) the defendant has a history of prior delinquency | 6 | | or criminal activity;
| 7 | | (4) the defendant, by the duties of his office or by | 8 | | his position,
was obliged to prevent the particular | 9 | | offense committed or to bring
the offenders committing it | 10 | | to justice;
| 11 | | (5) the defendant held public office at the time of | 12 | | the offense,
and the offense related to the conduct of | 13 | | that office;
| 14 | | (6) the defendant utilized his professional reputation | 15 | | or
position in the community to commit the offense, or to | 16 | | afford
him an easier means of committing it;
| 17 | | (7) the sentence is necessary to deter others from | 18 | | committing
the same crime;
| 19 | | (8) the defendant committed the offense against a | 20 | | person 60 years of age
or older or such person's property;
| 21 | | (9) the defendant committed the offense against a | 22 | | person who has a physical disability or such person's | 23 | | property;
| 24 | | (10) by reason of another individual's actual or | 25 | | perceived race, color,
creed, religion, ancestry, gender, | 26 | | sexual orientation, physical or mental
disability, or |
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| 1 | | national origin, the defendant committed the offense | 2 | | against (i)
the person or property
of that individual; | 3 | | (ii) the person or property of a person who has an
| 4 | | association with, is married to, or has a friendship with | 5 | | the other individual;
or (iii) the person or property of a | 6 | | relative (by blood or marriage) of a
person described in | 7 | | clause (i) or (ii). For the purposes of this Section,
| 8 | | "sexual orientation" has the meaning ascribed to it in | 9 | | paragraph (O-1) of Section 1-103 of the Illinois Human | 10 | | Rights Act;
| 11 | | (11) the offense took place in a place of worship or on | 12 | | the
grounds of a place of worship, immediately prior to, | 13 | | during or immediately
following worship services. For | 14 | | purposes of this subparagraph, "place of
worship" shall | 15 | | mean any church, synagogue or other building, structure or
| 16 | | place used primarily for religious worship;
| 17 | | (12) the defendant was convicted of a felony committed | 18 | | while he was
on pretrial release or his own recognizance | 19 | | pending trial for a prior felony
and was convicted of such | 20 | | prior felony, or the defendant was convicted of a
felony | 21 | | committed while he was serving a period of probation,
| 22 | | conditional discharge, or mandatory supervised release | 23 | | under subsection (d)
of Section 5-8-1
for a prior felony;
| 24 | | (13) the defendant committed or attempted to commit a | 25 | | felony while he
was wearing a bulletproof vest. For the | 26 | | purposes of this paragraph (13), a
bulletproof vest is any |
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| 1 | | device which is designed for the purpose of
protecting the | 2 | | wearer from bullets, shot or other lethal projectiles;
| 3 | | (14) the defendant held a position of trust or | 4 | | supervision such as, but
not limited to, family member as | 5 | | defined in Section 11-0.1 of the Criminal Code
of 2012, | 6 | | teacher, scout leader, baby sitter, or day care worker, in
| 7 | | relation to a victim under 18 years of age, and the | 8 | | defendant committed an
offense in violation of Section | 9 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | 10 | | 11-14.4 except for an offense that involves keeping a | 11 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| 12 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | 13 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code | 14 | | of 2012
against
that victim;
| 15 | | (15) the defendant committed an offense related to the | 16 | | activities of an
organized gang. For the purposes of this | 17 | | factor, "organized gang" has the
meaning ascribed to it in | 18 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention | 19 | | Act;
| 20 | | (16) the defendant committed an offense in violation | 21 | | of one of the
following Sections while in a school, | 22 | | regardless of the time of day or time of
year; on any | 23 | | conveyance owned, leased, or contracted by a school to | 24 | | transport
students to or from school or a school related | 25 | | activity; on the real property
of a school; or on a public | 26 | | way within 1,000 feet of the real property
comprising any |
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| 1 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | 2 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | 3 | | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | 4 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | 5 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | 6 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| 7 | | 1961 or the Criminal Code of 2012;
| 8 | | (16.5) the defendant committed an offense in violation | 9 | | of one of the
following Sections while in a day care | 10 | | center, regardless of the time of day or
time of year; on | 11 | | the real property of a day care center, regardless of the | 12 | | time
of day or time of year; or on a public
way within | 13 | | 1,000 feet of the real property comprising any day care | 14 | | center,
regardless of the time of day or time of year:
| 15 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | 16 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | 17 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 18 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 19 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | 20 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | 21 | | Criminal Code of 2012;
| 22 | | (17) the defendant committed the offense by reason of | 23 | | any person's
activity as a community policing volunteer or | 24 | | to prevent any person from
engaging in activity as a | 25 | | community policing volunteer. For the purpose of
this | 26 | | Section, "community policing volunteer" has the meaning |
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| 1 | | ascribed to it in
Section 2-3.5 of the Criminal Code of | 2 | | 2012;
| 3 | | (18) the defendant committed the offense in a nursing | 4 | | home or on the
real
property comprising a nursing home. | 5 | | For the purposes of this paragraph (18),
"nursing home" | 6 | | means a skilled nursing
or intermediate long term care | 7 | | facility that is subject to license by the
Illinois | 8 | | Department of Public Health under the Nursing Home Care
| 9 | | Act, the Specialized Mental Health Rehabilitation Act of | 10 | | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| 11 | | (19) the defendant was a federally licensed firearm | 12 | | dealer
and
was
previously convicted of a violation of | 13 | | subsection (a) of Section 3 of the
Firearm Owners | 14 | | Identification Card Act and has now committed either a | 15 | | felony
violation
of the Firearm Owners Identification Card | 16 | | Act or an act of armed violence while
armed
with a firearm; | 17 | | (20) the defendant (i) committed the offense of | 18 | | reckless homicide under Section 9-3 of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012 or the offense of | 20 | | driving under the influence of alcohol, other drug or
| 21 | | drugs, intoxicating compound or compounds or any | 22 | | combination thereof under Section 11-501 of the Illinois | 23 | | Vehicle Code or a similar provision of a local ordinance | 24 | | and (ii) was operating a motor vehicle in excess of 20 | 25 | | miles per hour over the posted speed limit as provided in | 26 | | Article VI of Chapter 11 of the Illinois Vehicle Code;
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| 1 | | (21) the defendant (i) committed the offense of | 2 | | reckless driving or aggravated reckless driving under | 3 | | Section 11-503 of the Illinois Vehicle Code and (ii) was | 4 | | operating a motor vehicle in excess of 20 miles per hour | 5 | | over the posted speed limit as provided in Article VI of | 6 | | Chapter 11 of the Illinois Vehicle Code; | 7 | | (22) the defendant committed the offense against a | 8 | | person that the defendant knew, or reasonably should have | 9 | | known, was a member of the Armed Forces of the United | 10 | | States serving on active duty. For purposes of this clause | 11 | | (22), the term "Armed Forces" means any of the Armed | 12 | | Forces of the United States, including a member of any | 13 | | reserve component thereof or National Guard unit called to | 14 | | active duty;
| 15 | | (23)
the defendant committed the offense against a | 16 | | person who was elderly or infirm or who was a person with a | 17 | | disability by taking advantage of a family or fiduciary | 18 | | relationship with the elderly or infirm person or person | 19 | | with a disability;
| 20 | | (24)
the defendant committed any offense under Section | 21 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 22 | | of 2012 and possessed 100 or more images;
| 23 | | (25) the defendant committed the offense while the | 24 | | defendant or the victim was in a train, bus, or other | 25 | | vehicle used for public transportation; | 26 | | (26) the defendant committed the offense of child |
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| 1 | | pornography or aggravated child pornography, specifically | 2 | | including paragraph (1), (2), (3), (4), (5), or (7) of | 3 | | subsection (a) of Section 11-20.1 of the Criminal Code of | 4 | | 1961 or the Criminal Code of 2012 where a child engaged in, | 5 | | solicited for, depicted in, or posed in any act of sexual | 6 | | penetration or bound, fettered, or subject to sadistic, | 7 | | masochistic, or sadomasochistic abuse in a sexual context | 8 | | and specifically including paragraph (1), (2), (3), (4), | 9 | | (5), or (7) of subsection (a) of Section 11-20.1B or | 10 | | Section 11-20.3 of the Criminal Code of 1961 where a child | 11 | | engaged in, solicited for, depicted in, or posed in any | 12 | | act of sexual penetration or bound, fettered, or subject | 13 | | to sadistic, masochistic, or sadomasochistic abuse in a | 14 | | sexual context; | 15 | | (27) the defendant committed the offense of first | 16 | | degree murder, assault, aggravated assault, battery, | 17 | | aggravated battery, robbery, armed robbery, or aggravated | 18 | | robbery against a person who was a veteran and the | 19 | | defendant knew, or reasonably should have known, that the | 20 | | person was a veteran performing duties as a representative | 21 | | of a veterans' organization. For the purposes of this | 22 | | paragraph (27), "veteran" means an Illinois resident who | 23 | | has served as a member of the United States Armed Forces, a | 24 | | member of the Illinois National Guard, or a member of the | 25 | | United States Reserve Forces; and "veterans' organization" | 26 | | means an organization comprised of members of
which |
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| 1 | | substantially all are individuals who are veterans or | 2 | | spouses,
widows, or widowers of veterans, the primary | 3 | | purpose of which is to
promote the welfare of its members | 4 | | and to provide assistance to the general
public in such a | 5 | | way as to confer a public benefit; | 6 | | (28) the defendant committed the offense of assault, | 7 | | aggravated assault, battery, aggravated battery, robbery, | 8 | | armed robbery, or aggravated robbery against a person that | 9 | | the defendant knew or reasonably should have known was a | 10 | | letter carrier or postal worker while that person was | 11 | | performing his or her duties delivering mail for the | 12 | | United States Postal Service; | 13 | | (29) the defendant committed the offense of criminal | 14 | | sexual assault, aggravated criminal sexual assault, | 15 | | criminal sexual abuse, or aggravated criminal sexual abuse | 16 | | against a victim with an intellectual disability, and the | 17 | | defendant holds a position of trust, authority, or | 18 | | supervision in relation to the victim; | 19 | | (30) the defendant committed the offense of promoting | 20 | | juvenile prostitution, patronizing a prostitute, or | 21 | | patronizing a minor engaged in prostitution and at the | 22 | | time of the commission of the offense knew that the | 23 | | prostitute or minor engaged in prostitution was in the | 24 | | custody or guardianship of the Department of Children and | 25 | | Family Services; | 26 | | (31) the defendant (i) committed the offense of |
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| 1 | | driving while under the influence of alcohol, other drug | 2 | | or drugs, intoxicating compound or compounds or any | 3 | | combination thereof in violation of Section 11-501 of the | 4 | | Illinois Vehicle Code or a similar provision of a local | 5 | | ordinance and (ii) the defendant during the commission of | 6 | | the offense was driving his or her vehicle upon a roadway | 7 | | designated for one-way traffic in the opposite direction | 8 | | of the direction indicated by official traffic control | 9 | | devices; | 10 | | (32) the defendant committed the offense of reckless | 11 | | homicide while committing a violation of Section 11-907 of | 12 | | the Illinois Vehicle Code; | 13 | | (33) the defendant was found guilty of an | 14 | | administrative infraction related to an act or acts of | 15 | | public indecency or sexual misconduct in the penal | 16 | | institution. In this paragraph (33), "penal institution" | 17 | | has the same meaning as in Section 2-14 of the Criminal | 18 | | Code of 2012; or | 19 | | (34) the defendant committed the offense of leaving | 20 | | the scene of an accident in violation of subsection (b) of | 21 | | Section 11-401 of the Illinois Vehicle Code and the | 22 | | accident resulted in the death of a person and at the time | 23 | | of the offense, the defendant was: (i) driving under the | 24 | | influence of alcohol, other drug or drugs, intoxicating | 25 | | compound or compounds or any combination thereof as | 26 | | defined by Section 11-501 of the Illinois Vehicle Code; or |
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| 1 | | (ii) operating the motor vehicle while using an electronic | 2 | | communication device as defined in Section 12-610.2 of the | 3 | | Illinois Vehicle Code. | 4 | | For the purposes of this Section:
| 5 | | "School" is defined as a public or private
elementary or | 6 | | secondary school, community college, college, or university.
| 7 | | "Day care center" means a public or private State | 8 | | certified and
licensed day care center as defined in Section | 9 | | 2.09 of the Child Care Act of
1969 that displays a sign in | 10 | | plain view stating that the
property is a day care center.
| 11 | | "Intellectual disability" means significantly subaverage | 12 | | intellectual functioning which exists concurrently
with | 13 | | impairment in adaptive behavior. | 14 | | "Public transportation" means the transportation
or | 15 | | conveyance of persons by means available to the general | 16 | | public, and includes paratransit services. | 17 | | "Traffic control devices" means all signs, signals, | 18 | | markings, and devices that conform to the Illinois Manual on | 19 | | Uniform Traffic Control Devices, placed or erected by | 20 | | authority of a public body or official having jurisdiction, | 21 | | for the purpose of regulating, warning, or guiding traffic. | 22 | | (b) (Blank). The following factors, related to all | 23 | | felonies, may be considered by the court as
reasons to impose | 24 | | an extended term sentence under Section 5-8-2
upon any | 25 | | offender:
| 26 | | (1) When a defendant is convicted of any felony, after |
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| 1 | | having
been previously convicted in Illinois or any other | 2 | | jurisdiction of the
same or similar class felony or | 3 | | greater class felony, when such conviction
has occurred | 4 | | within 10 years after the
previous conviction, excluding | 5 | | time spent in custody, and such charges are
separately | 6 | | brought and tried and arise out of different series of | 7 | | acts; or
| 8 | | (2) When a defendant is convicted of any felony and | 9 | | the court
finds that the offense was accompanied by | 10 | | exceptionally brutal
or heinous behavior indicative of | 11 | | wanton cruelty; or
| 12 | | (3) When a defendant is convicted of any felony | 13 | | committed against:
| 14 | | (i) a person under 12 years of age at the time of | 15 | | the offense or such
person's property;
| 16 | | (ii) a person 60 years of age or older at the time | 17 | | of the offense or
such person's property; or
| 18 | | (iii) a person who had a physical disability at | 19 | | the time of the offense or
such person's property; or
| 20 | | (4) When a defendant is convicted of any felony and | 21 | | the offense
involved any of the following types of | 22 | | specific misconduct committed as
part of a ceremony, rite, | 23 | | initiation, observance, performance, practice or
activity | 24 | | of any actual or ostensible religious, fraternal, or | 25 | | social group:
| 26 | | (i) the brutalizing or torturing of humans or |
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| 1 | | animals;
| 2 | | (ii) the theft of human corpses;
| 3 | | (iii) the kidnapping of humans;
| 4 | | (iv) the desecration of any cemetery, religious, | 5 | | fraternal, business,
governmental, educational, or | 6 | | other building or property; or
| 7 | | (v) ritualized abuse of a child; or
| 8 | | (5) When a defendant is convicted of a felony other | 9 | | than conspiracy and
the court finds that
the felony was | 10 | | committed under an agreement with 2 or more other persons
| 11 | | to commit that offense and the defendant, with respect to | 12 | | the other
individuals, occupied a position of organizer, | 13 | | supervisor, financier, or any
other position of management | 14 | | or leadership, and the court further finds that
the felony | 15 | | committed was related to or in furtherance of the criminal
| 16 | | activities of an organized gang or was motivated by the | 17 | | defendant's leadership
in an organized gang; or
| 18 | | (6) When a defendant is convicted of an offense | 19 | | committed while using a firearm with a
laser sight | 20 | | attached to it. For purposes of this paragraph, "laser | 21 | | sight"
has the meaning ascribed to it in Section 26-7 of | 22 | | the Criminal Code of
2012; or
| 23 | | (7) When a defendant who was at least 17 years of age | 24 | | at the
time of
the commission of the offense is convicted | 25 | | of a felony and has been previously
adjudicated a | 26 | | delinquent minor under the Juvenile Court Act of 1987 for |
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| 1 | | an act
that if committed by an adult would be a Class X or | 2 | | Class 1 felony when the
conviction has occurred within 10 | 3 | | years after the previous adjudication,
excluding time | 4 | | spent in custody; or
| 5 | | (8) When a defendant commits any felony and the | 6 | | defendant used, possessed, exercised control over, or | 7 | | otherwise directed an animal to assault a law enforcement | 8 | | officer engaged in the execution of his or her official | 9 | | duties or in furtherance of the criminal activities of an | 10 | | organized gang in which the defendant is engaged; or
| 11 | | (9) When a defendant commits any felony and the | 12 | | defendant knowingly video or audio records the offense | 13 | | with the intent to disseminate the recording. | 14 | | (c) (Blank). The following factors may be considered by | 15 | | the court as reasons to impose an extended term sentence under | 16 | | Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the | 17 | | listed offenses: | 18 | | (1) When a defendant is convicted of first degree | 19 | | murder, after having been previously convicted in Illinois | 20 | | of any offense listed under paragraph (c)(2) of Section | 21 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | 22 | | occurred within 10 years after the previous conviction, | 23 | | excluding time spent in custody, and the charges are | 24 | | separately brought and tried and arise out of different | 25 | | series of acts. | 26 | | (1.5) When a defendant is convicted of first degree |
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| 1 | | murder, after having been previously convicted of domestic | 2 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | 3 | | (720 ILCS 5/12-3.3) committed on the same victim or after | 4 | | having been previously convicted of violation of an order | 5 | | of protection (720 ILCS 5/12-30) in which the same victim | 6 | | was the protected person. | 7 | | (2) When a defendant is convicted of voluntary | 8 | | manslaughter, second degree murder, involuntary | 9 | | manslaughter, or reckless homicide in which the defendant | 10 | | has been convicted of causing the death of more than one | 11 | | individual. | 12 | | (3) When a defendant is convicted of aggravated | 13 | | criminal sexual assault or criminal sexual assault, when | 14 | | there is a finding that aggravated criminal sexual assault | 15 | | or criminal sexual assault was also committed on the same | 16 | | victim by one or more other individuals, and the defendant | 17 | | voluntarily participated in the crime with the knowledge | 18 | | of the participation of the others in the crime, and the | 19 | | commission of the crime was part of a single course of | 20 | | conduct during which there was no substantial change in | 21 | | the nature of the criminal objective. | 22 | | (4) If the victim was under 18 years of age at the time | 23 | | of the commission of the offense, when a defendant is | 24 | | convicted of aggravated criminal sexual assault or | 25 | | predatory criminal sexual assault of a child under | 26 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
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| 1 | | of Section 12-14.1 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | 3 | | (5) When a defendant is convicted of a felony | 4 | | violation of Section 24-1 of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | 6 | | finding that the defendant is a member of an organized | 7 | | gang. | 8 | | (6) When a defendant was convicted of unlawful use of | 9 | | weapons under Section 24-1 of the Criminal Code of 1961 or | 10 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | 11 | | a weapon that is not readily distinguishable as one of the | 12 | | weapons enumerated in Section 24-1 of the Criminal Code of | 13 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | 14 | | (7) When a defendant is convicted of an offense | 15 | | involving the illegal manufacture of a controlled | 16 | | substance under Section 401 of the Illinois Controlled | 17 | | Substances Act (720 ILCS 570/401), the illegal manufacture | 18 | | of methamphetamine under Section 25 of the Methamphetamine | 19 | | Control and Community Protection Act (720 ILCS 646/25), or | 20 | | the illegal possession of explosives and an emergency | 21 | | response officer in the performance of his or her duties | 22 | | is killed or injured at the scene of the offense while | 23 | | responding to the emergency caused by the commission of | 24 | | the offense. In this paragraph, "emergency" means a | 25 | | situation in which a person's life, health, or safety is | 26 | | in jeopardy; and "emergency response officer" means a |
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| 1 | | peace officer, community policing volunteer, fireman, | 2 | | emergency medical technician-ambulance, emergency medical | 3 | | technician-intermediate, emergency medical | 4 | | technician-paramedic, ambulance driver, other medical | 5 | | assistance or first aid personnel, or hospital emergency | 6 | | room personnel.
| 7 | | (8) When the defendant is convicted of attempted mob | 8 | | action, solicitation to commit mob action, or conspiracy | 9 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the | 10 | | Criminal Code of 2012, where the criminal object is a | 11 | | violation of Section 25-1 of the Criminal Code of 2012, | 12 | | and an electronic communication is used in the commission | 13 | | of the offense. For the purposes of this paragraph (8), | 14 | | "electronic communication" shall have the meaning provided | 15 | | in Section 26.5-0.1 of the Criminal Code of 2012. | 16 | | (d) For the purposes of this Section, "organized gang" has | 17 | | the meaning
ascribed to it in Section 10 of the Illinois | 18 | | Streetgang Terrorism Omnibus
Prevention Act.
| 19 | | (e) (Blank). The court may impose an extended term | 20 | | sentence under Article 4.5 of Chapter V upon an offender who | 21 | | has been convicted of a felony violation of Section 11-1.20, | 22 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, | 23 | | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012 when the victim of the offense is under 18 years | 25 | | of age at the time of the commission of the offense and, during | 26 | | the commission of the offense, the victim was under the |
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| 1 | | influence of alcohol, regardless of whether or not the alcohol | 2 | | was supplied by the offender; and the offender, at the time of | 3 | | the commission of the offense, knew or should have known that | 4 | | the victim had consumed alcohol. | 5 | | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | 6 | | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. | 7 | | 1-1-23.)
| 8 | | (730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
| 9 | | Sec. 5-5-4. Resentences.
| 10 | | (a) Where a conviction or sentence has been set aside on | 11 | | direct review
or on collateral attack, the court shall not | 12 | | impose a new sentence for the same
offense or for a different | 13 | | offense based on the same conduct which is more
severe than the | 14 | | prior sentence less the portion of the prior sentence
| 15 | | previously satisfied unless the more severe sentence is based | 16 | | upon conduct
on the part of the defendant occurring after the | 17 | | original sentencing.
If a sentence is vacated on appeal or on | 18 | | collateral attack due to the
failure of the trier of fact at | 19 | | trial to determine beyond a reasonable doubt
the existence of | 20 | | a fact (other than a prior conviction) necessary to increase
| 21 | | the
punishment for the offense beyond the statutory maximum | 22 | | otherwise applicable,
either the defendant may be re-sentenced | 23 | | to a term within the range otherwise
provided or, if the State | 24 | | files notice of its intention to again seek the
extended | 25 | | sentence, the defendant shall be afforded a new trial .
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| 1 | | (b) If a conviction or sentence has been set aside on | 2 | | direct review or on
collateral attack and
the court determines | 3 | | by clear and convincing evidence that the defendant was
| 4 | | factually innocent of the
charge, the court shall enter an | 5 | | order expunging the record of arrest from the
official records | 6 | | of the
arresting authority and order that the records of the | 7 | | clerk of the circuit
court and Department of
State Police be | 8 | | sealed until further order of the court upon good cause shown
| 9 | | or as otherwise provided
herein, and the name of the defendant | 10 | | obliterated from the official index
requested to be kept by | 11 | | the
circuit court clerk under Section 16 of the Clerks of | 12 | | Courts Act in connection
with the arrest and
conviction for | 13 | | the offense but the order shall not affect any index issued by
| 14 | | the circuit court clerk before the entry of the order. The | 15 | | court shall enter the expungement order regardless of whether | 16 | | the defendant has prior criminal convictions.
| 17 | | All records sealed by the Department of State Police may | 18 | | be
disseminated by the Department only as required by law or to | 19 | | the arresting
authority, the State's Attorney, the court upon | 20 | | a later arrest for the same or
similar offense, or for the | 21 | | purpose of sentencing for any subsequent felony.
Upon | 22 | | conviction for any subsequent offense, the Department of | 23 | | Corrections shall
have access to all sealed records of the | 24 | | Department
pertaining to that individual.
| 25 | | Upon entry of the order of expungement, the clerk of the | 26 | | circuit court shall
promptly mail a copy of the order to the |
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| 1 | | person whose records were expunged and
sealed. | 2 | | (c) If a conviction has been vacated as a result of a claim | 3 | | of actual innocence based on newly discovered evidence made | 4 | | under Section 122-1 of the Code of Criminal Procedure of 1963 | 5 | | or Section 2-1401 of the Code of Civil Procedure, and the | 6 | | provisions of paragraphs (1) and (2) of subsection (g) of | 7 | | Section 2-702 of the Code of Civil Procedure are otherwise | 8 | | satisfied, the court shall enter an order for a certificate of | 9 | | innocence and an order expunging the conviction for which the | 10 | | petitioner has been determined to be innocent as provided in | 11 | | subsection (h) of Section 2-702 of the Code of Civil | 12 | | Procedure.
| 13 | | (Source: P.A. 98-133, eff. 1-1-14.)
| 14 | | (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
| 15 | | Sec. 5-8-2. Maximum sentence. Extended Term.
| 16 | | (a) A judge shall not sentence an
offender to a term of | 17 | | imprisonment in excess of the maximum
sentence authorized by | 18 | | Article 4.5 of Chapter V for an offense or offenses within the | 19 | | class of the most
serious offense of which the offender was | 20 | | convicted unless the
factors in aggravation set forth in | 21 | | Section
5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were | 22 | | found to be present.
If the pre-trial and trial proceedings | 23 | | were
conducted in compliance with subsection (c-5) of Section | 24 | | 111-3 of the Code of
Criminal Procedure of 1963, the judge may | 25 | | sentence an offender to an extended term as provided in |
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| 1 | | Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5) .
| 2 | | (b) (Blank). If the conviction was by plea, it shall | 3 | | appear on the
record that the plea was entered with the | 4 | | defendant's knowledge
that a sentence under this Section was a | 5 | | possibility. If it
does not so appear on the record, the | 6 | | defendant shall not be
subject to such a sentence unless he is | 7 | | first given an
opportunity to withdraw his plea without | 8 | | prejudice.
| 9 | | (Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
| 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act.
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