Full Text of HB4332 103rd General Assembly
HB4332 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4332 Introduced 1/16/2024, by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | 730 ILCS 5/5-4.5-95 | | 730 ILCS 5/5-5-3 | |
| Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 24-1.1 and 24-3 as follows: | 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) | 7 | | Sec. 24-1.1. Unlawful use or possession of weapons by | 8 | | felons or persons in the custody of the Department of | 9 | | Corrections facilities. | 10 | | (a) It is unlawful for a person to knowingly possess on or | 11 | | about his person or on his land or in his own abode or fixed | 12 | | place of business any weapon prohibited under Section 24-1 of | 13 | | this Act or any firearm or any firearm ammunition if the person | 14 | | has been convicted of a felony under the laws of this State or | 15 | | any other jurisdiction. This Section shall not apply if the | 16 | | person has been granted relief by the Director of the Illinois | 17 | | State Police under Section 10 of the Firearm Owners | 18 | | Identification Card Act. | 19 | | (b) It is unlawful for any person confined in a penal | 20 | | institution, which is a facility of the Illinois Department of | 21 | | Corrections, to possess any weapon prohibited under Section | 22 | | 24-1 of this Code or any firearm or firearm ammunition, | 23 | | regardless of the intent with which he possesses it. |
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| 1 | | (c) It shall be an affirmative defense to a violation of | 2 | | subsection (b), that such possession was specifically | 3 | | authorized by rule, regulation, or directive of the Illinois | 4 | | Department of Corrections or order issued pursuant thereto. | 5 | | (d) The defense of necessity is not available to a person | 6 | | who is charged with a violation of subsection (b) of this | 7 | | Section. | 8 | | (e) Sentence. Violation of this Section by a person not | 9 | | confined in a penal institution shall be a Class 1 3 felony for | 10 | | which the person shall be sentenced to no less than 4 2 years | 11 | | and no more than 15 10 years. A second or subsequent violation | 12 | | of this Section shall be a Class X 2 felony for which the | 13 | | person shall be sentenced to a term of imprisonment of not less | 14 | | than 6 3 years and not more than 30 14 years, except as | 15 | | provided for in Section 5-4.5-110 of the Unified Code of | 16 | | Corrections. Violation of this Section by a person not | 17 | | confined in a penal institution who has been convicted of a | 18 | | forcible felony, a felony violation of Article 24 of this Code | 19 | | or of the Firearm Owners Identification Card Act, stalking or | 20 | | aggravated stalking, or a Class 2 or greater felony under the | 21 | | Illinois Controlled Substances Act, the Cannabis Control Act, | 22 | | or the Methamphetamine Control and Community Protection Act is | 23 | | a Class X 2 felony for which the person shall be sentenced to | 24 | | not less than 6 3 years and not more than 30 14 years , except | 25 | | as provided for in Section 5-4.5-110 of the Unified Code of | 26 | | Corrections . Violation of this Section by a person who is on |
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| 1 | | parole or mandatory supervised release is a Class X 2 felony | 2 | | for which the person shall be sentenced to not less than 6 3 | 3 | | years and not more than 30 14 years , except as provided for in | 4 | | Section 5-4.5-110 of the Unified Code of Corrections . | 5 | | Violation of this Section by a person not confined in a penal | 6 | | institution is a Class X felony when the firearm possessed is a | 7 | | machine gun for which the person shall be sentenced to no less | 8 | | than 10 years and no more than 60 years . Any person who | 9 | | violates this Section while confined in a penal institution, | 10 | | which is a facility of the Illinois Department of Corrections, | 11 | | is guilty of a Class 1 felony, if he possesses any weapon | 12 | | prohibited under Section 24-1 of this Code regardless of the | 13 | | intent with which he possesses it, a Class X felony if he | 14 | | possesses any firearm, firearm ammunition or explosive, and a | 15 | | Class X felony for which the offender shall be sentenced to not | 16 | | less than 12 years and not more than 50 years when the firearm | 17 | | possessed is a machine gun. A violation of this Section while | 18 | | wearing or in possession of body armor as defined in Section | 19 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 20 | | of not less than 10 years and not more than 60 40 years. The | 21 | | possession of each firearm or firearm ammunition in violation | 22 | | of this Section constitutes a single and separate violation. | 23 | | (Source: P.A. 102-538, eff. 8-20-21.) | 24 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3) | 25 | | Sec. 24-3. Unlawful sale or delivery of firearms. |
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| 1 | | (A) A person commits the offense of unlawful sale or | 2 | | delivery of firearms when he or she knowingly does any of the | 3 | | following: | 4 | | (a) Sells or gives any firearm of a size which may be | 5 | | concealed upon the person to any person under 18 years of | 6 | | age. | 7 | | (b) Sells or gives any firearm to a person under 21 | 8 | | years of age who has been convicted of a misdemeanor other | 9 | | than a traffic offense or adjudged delinquent. | 10 | | (c) Sells or gives any firearm to any narcotic addict. | 11 | | (d) Sells or gives any firearm to any person who has | 12 | | been convicted of a felony under the laws of this or any | 13 | | other jurisdiction. | 14 | | (e) Sells or gives any firearm to any person who has | 15 | | been a patient in a mental institution within the past 5 | 16 | | years. In this subsection (e): | 17 | | "Mental institution" means any hospital, | 18 | | institution, clinic, evaluation facility, mental | 19 | | health center, or part thereof, which is used | 20 | | primarily for the care or treatment of persons with | 21 | | mental illness. | 22 | | "Patient in a mental institution" means the person | 23 | | was admitted, either voluntarily or involuntarily, to | 24 | | a mental institution for mental health treatment, | 25 | | unless the treatment was voluntary and solely for an | 26 | | alcohol abuse disorder and no other secondary |
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| 1 | | substance abuse disorder or mental illness. | 2 | | (f) Sells or gives any firearms to any person who is a | 3 | | person with an intellectual disability. | 4 | | (g) Delivers any firearm, incidental to a sale, | 5 | | without withholding delivery of the firearm for at least | 6 | | 72 hours after application for its purchase has been made, | 7 | | or delivers a stun gun or taser, incidental to a sale, | 8 | | without withholding delivery of the stun gun or taser for | 9 | | at least 24 hours after application for its purchase has | 10 | | been made. However, this paragraph (g) does not apply to: | 11 | | (1) the sale of a firearm to a law enforcement officer if | 12 | | the seller of the firearm knows that the person to whom he | 13 | | or she is selling the firearm is a law enforcement officer | 14 | | or the sale of a firearm to a person who desires to | 15 | | purchase a firearm for use in promoting the public | 16 | | interest incident to his or her employment as a bank | 17 | | guard, armed truck guard, or other similar employment; (2) | 18 | | a mail order sale of a firearm from a federally licensed | 19 | | firearms dealer to a nonresident of Illinois under which | 20 | | the firearm is mailed to a federally licensed firearms | 21 | | dealer outside the boundaries of Illinois; (3) (blank); | 22 | | (4) the sale of a firearm to a dealer licensed as a federal | 23 | | firearms dealer under Section 923 of the federal Gun | 24 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | 25 | | sale of any rifle, shotgun, or other long gun to a resident | 26 | | registered competitor or attendee or non-resident |
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| 1 | | registered competitor or attendee by any dealer licensed | 2 | | as a federal firearms dealer under Section 923 of the | 3 | | federal Gun Control Act of 1968 at competitive shooting | 4 | | events held at the World Shooting Complex sanctioned by a | 5 | | national governing body. For purposes of transfers or | 6 | | sales under subparagraph (5) of this paragraph (g), the | 7 | | Department of Natural Resources shall give notice to the | 8 | | Illinois State Police at least 30 calendar days prior to | 9 | | any competitive shooting events at the World Shooting | 10 | | Complex sanctioned by a national governing body. The | 11 | | notification shall be made on a form prescribed by the | 12 | | Illinois State Police. The sanctioning body shall provide | 13 | | a list of all registered competitors and attendees at | 14 | | least 24 hours before the events to the Illinois State | 15 | | Police. Any changes to the list of registered competitors | 16 | | and attendees shall be forwarded to the Illinois State | 17 | | Police as soon as practicable. The Illinois State Police | 18 | | must destroy the list of registered competitors and | 19 | | attendees no later than 30 days after the date of the | 20 | | event. Nothing in this paragraph (g) relieves a federally | 21 | | licensed firearm dealer from the requirements of | 22 | | conducting a NICS background check through the Illinois | 23 | | Point of Contact under 18 U.S.C. 922(t). For purposes of | 24 | | this paragraph (g), "application" means when the buyer and | 25 | | seller reach an agreement to purchase a firearm. For | 26 | | purposes of this paragraph (g), "national governing body" |
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| 1 | | means a group of persons who adopt rules and formulate | 2 | | policy on behalf of a national firearm sporting | 3 | | organization. | 4 | | (h) While holding any license as a dealer, importer, | 5 | | manufacturer or pawnbroker under the federal Gun Control | 6 | | Act of 1968, manufactures, sells or delivers to any | 7 | | unlicensed person a handgun having a barrel, slide, frame | 8 | | or receiver which is a die casting of zinc alloy or any | 9 | | other nonhomogeneous metal which will melt or deform at a | 10 | | temperature of less than 800 degrees Fahrenheit. For | 11 | | purposes of this paragraph, (1) "firearm" is defined as in | 12 | | the Firearm Owners Identification Card Act; and (2) | 13 | | "handgun" is defined as a firearm designed to be held and | 14 | | fired by the use of a single hand, and includes a | 15 | | combination of parts from which such a firearm can be | 16 | | assembled. | 17 | | (i) Sells or gives a firearm of any size to any person | 18 | | under 18 years of age who does not possess a valid Firearm | 19 | | Owner's Identification Card. | 20 | | (j) Sells or gives a firearm while engaged in the | 21 | | business of selling firearms at wholesale or retail | 22 | | without being licensed as a federal firearms dealer under | 23 | | Section 923 of the federal Gun Control Act of 1968 (18 | 24 | | U.S.C. 923). In this paragraph (j): | 25 | | A person "engaged in the business" means a person who | 26 | | devotes time, attention, and labor to engaging in the |
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| 1 | | activity as a regular course of trade or business with the | 2 | | principal objective of livelihood and profit, but does not | 3 | | include a person who makes occasional repairs of firearms | 4 | | or who occasionally fits special barrels, stocks, or | 5 | | trigger mechanisms to firearms. | 6 | | "With the principal objective of livelihood and | 7 | | profit" means that the intent underlying the sale or | 8 | | disposition of firearms is predominantly one of obtaining | 9 | | livelihood and pecuniary gain, as opposed to other | 10 | | intents, such as improving or liquidating a personal | 11 | | firearms collection; however, proof of profit shall not be | 12 | | required as to a person who engages in the regular and | 13 | | repetitive purchase and disposition of firearms for | 14 | | criminal purposes or terrorism. | 15 | | (k) Sells or transfers ownership of a firearm to a | 16 | | person who does not display to the seller or transferor of | 17 | | the firearm either: (1) a currently valid Firearm Owner's | 18 | | Identification Card that has previously been issued in the | 19 | | transferee's name by the Illinois State Police under the | 20 | | provisions of the Firearm Owners Identification Card Act; | 21 | | or (2) a currently valid license to carry a concealed | 22 | | firearm that has previously been issued in the | 23 | | transferee's name by the Illinois State Police under the | 24 | | Firearm Concealed Carry Act. This paragraph (k) does not | 25 | | apply to the transfer of a firearm to a person who is | 26 | | exempt from the requirement of possessing a Firearm |
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| 1 | | Owner's Identification Card under Section 2 of the Firearm | 2 | | Owners Identification Card Act. For the purposes of this | 3 | | Section, a currently valid Firearm Owner's Identification | 4 | | Card or license to carry a concealed firearm means receipt | 5 | | of an approval number issued in accordance with subsection | 6 | | (a-10) of Section 3 or Section 3.1 of the Firearm Owners | 7 | | Identification Card Act. | 8 | | (1) In addition to the other requirements of this | 9 | | paragraph (k), all persons who are not federally | 10 | | licensed firearms dealers must also have complied with | 11 | | subsection (a-10) of Section 3 of the Firearm Owners | 12 | | Identification Card Act by determining the validity of | 13 | | a purchaser's Firearm Owner's Identification Card. | 14 | | (2) All sellers or transferors who have complied | 15 | | with the requirements of subparagraph (1) of this | 16 | | paragraph (k) shall not be liable for damages in any | 17 | | civil action arising from the use or misuse by the | 18 | | transferee of the firearm transferred, except for | 19 | | willful or wanton misconduct on the part of the seller | 20 | | or transferor. | 21 | | (l) Not being entitled to the possession of a firearm, | 22 | | delivers the firearm, knowing it to have been stolen or | 23 | | converted. It may be inferred that a person who possesses | 24 | | a firearm with knowledge that its serial number has been | 25 | | removed or altered has knowledge that the firearm is | 26 | | stolen or converted. |
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| 1 | | (m) Sells or gives a firearm to a person who has been | 2 | | convicted of a felony or who is a streetgang member. | 3 | | (n) Sells or gives a firearm that has been purchased | 4 | | or acquired out of state to a person who has been convicted | 5 | | of a felony or who is a streetgang member. | 6 | | (B) Paragraph (h) of subsection (A) does not include | 7 | | firearms sold within 6 months after enactment of Public Act | 8 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 9 | | nor is any firearm legally owned or possessed by any citizen or | 10 | | purchased by any citizen within 6 months after the enactment | 11 | | of Public Act 78-355 subject to confiscation or seizure under | 12 | | the provisions of that Public Act. Nothing in Public Act | 13 | | 78-355 shall be construed to prohibit the gift or trade of any | 14 | | firearm if that firearm was legally held or acquired within 6 | 15 | | months after the enactment of that Public Act. | 16 | | (C) Sentence. | 17 | | (1) Any person convicted of unlawful sale or delivery | 18 | | of firearms in violation of paragraph (c), (e), (f), (g), | 19 | | or (h) of subsection (A) commits a Class 4 felony. | 20 | | (2) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of paragraph (b) or (i) of | 22 | | subsection (A) commits a Class 3 felony. | 23 | | (3) Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of paragraph (a) of subsection | 25 | | (A) commits a Class 2 felony. | 26 | | (4) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of paragraph (a), (b), or (i) of | 2 | | subsection (A) in any school, on the real property | 3 | | comprising a school, within 1,000 feet of the real | 4 | | property comprising a school, at a school related | 5 | | activity, or on or within 1,000 feet of any conveyance | 6 | | owned, leased, or contracted by a school or school | 7 | | district to transport students to or from school or a | 8 | | school related activity, regardless of the time of day or | 9 | | time of year at which the offense was committed, commits a | 10 | | Class 1 felony. Any person convicted of a second or | 11 | | subsequent violation of unlawful sale or delivery of | 12 | | firearms in violation of paragraph (a), (b), or (i) of | 13 | | subsection (A) in any school, on the real property | 14 | | comprising a school, within 1,000 feet of the real | 15 | | property comprising a school, at a school related | 16 | | activity, or on or within 1,000 feet of any conveyance | 17 | | owned, leased, or contracted by a school or school | 18 | | district to transport students to or from school or a | 19 | | school related activity, regardless of the time of day or | 20 | | time of year at which the offense was committed, commits a | 21 | | Class 1 felony for which the sentence shall be a term of | 22 | | imprisonment of no less than 5 years and no more than 15 | 23 | | years. | 24 | | (5) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of paragraph (a) or (i) of | 26 | | subsection (A) in residential property owned, operated, or |
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| 1 | | managed by a public housing agency or leased by a public | 2 | | housing agency as part of a scattered site or mixed-income | 3 | | development, in a public park, in a courthouse, on | 4 | | residential property owned, operated, or managed by a | 5 | | public housing agency or leased by a public housing agency | 6 | | as part of a scattered site or mixed-income development, | 7 | | on the real property comprising any public park, on the | 8 | | real property comprising any courthouse, or on any public | 9 | | way within 1,000 feet of the real property comprising any | 10 | | public park, courthouse, or residential property owned, | 11 | | operated, or managed by a public housing agency or leased | 12 | | by a public housing agency as part of a scattered site or | 13 | | mixed-income development commits a Class 2 felony. | 14 | | (6) Any person convicted of unlawful sale or delivery | 15 | | of firearms in violation of paragraph (j) of subsection | 16 | | (A) commits a Class A misdemeanor. A second or subsequent | 17 | | violation is a Class 4 felony. | 18 | | (7) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of paragraph (k) of subsection | 20 | | (A) commits a Class 4 felony, except that a violation of | 21 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 22 | | not be punishable as a crime or petty offense. A third or | 23 | | subsequent conviction for a violation of paragraph (k) of | 24 | | subsection (A) is a Class 1 felony. | 25 | | (8) A person 18 years of age or older convicted of | 26 | | unlawful sale or delivery of firearms in violation of |
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| 1 | | paragraph (a) or (i) of subsection (A), when the firearm | 2 | | that was sold or given to another person under 18 years of | 3 | | age was used in the commission of or attempt to commit a | 4 | | forcible felony, shall be fined or imprisoned, or both, | 5 | | not to exceed the maximum provided for the most serious | 6 | | forcible felony so committed or attempted by the person | 7 | | under 18 years of age who was sold or given the firearm. | 8 | | (9) Any person convicted of unlawful sale or delivery | 9 | | of firearms in violation of paragraph (d) of subsection | 10 | | (A) commits a Class 3 felony. | 11 | | (10) Any person convicted of unlawful sale or delivery | 12 | | of firearms in violation of paragraph (l) of subsection | 13 | | (A) commits a Class 2 felony if the delivery is of one | 14 | | firearm. Any person convicted of unlawful sale or delivery | 15 | | of firearms in violation of paragraph (l) of subsection | 16 | | (A) commits a Class 1 felony if the delivery is of not less | 17 | | than 2 and not more than 5 firearms at the same time or | 18 | | within a one-year period. Any person convicted of unlawful | 19 | | sale or delivery of firearms in violation of paragraph (l) | 20 | | of subsection (A) commits a Class X felony for which he or | 21 | | she shall be sentenced to a term of imprisonment of not | 22 | | less than 6 years and not more than 30 years if the | 23 | | delivery is of not less than 6 and not more than 10 | 24 | | firearms at the same time or within a 2-year period. Any | 25 | | person convicted of unlawful sale or delivery of firearms | 26 | | in violation of paragraph (l) of subsection (A) commits a |
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| 1 | | Class X felony for which he or she shall be sentenced to a | 2 | | term of imprisonment of not less than 6 years and not more | 3 | | than 40 years if the delivery is of not less than 11 and | 4 | | not more than 20 firearms at the same time or within a | 5 | | 3-year period. Any person convicted of unlawful sale or | 6 | | delivery of firearms in violation of paragraph (l) of | 7 | | subsection (A) commits a Class X felony for which he or she | 8 | | shall be sentenced to a term of imprisonment of not less | 9 | | than 6 years and not more than 50 years if the delivery is | 10 | | of not less than 21 and not more than 30 firearms at the | 11 | | same time or within a 4-year period. Any person convicted | 12 | | of unlawful sale or delivery of firearms in violation of | 13 | | paragraph (l) of subsection (A) commits a Class X felony | 14 | | for which he or she shall be sentenced to a term of | 15 | | imprisonment of not less than 6 years and not more than 60 | 16 | | years if the delivery is of 31 or more firearms at the same | 17 | | time or within a 5-year period. | 18 | | (11) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of paragraph (m) or (n) of | 20 | | subsection (A) commits a Class 1 felony. | 21 | | (D) For purposes of this Section: | 22 | | "School" means a public or private elementary or secondary | 23 | | school, community college, college, or university. | 24 | | "School related activity" means any sporting, social, | 25 | | academic, or other activity for which students' attendance or | 26 | | participation is sponsored, organized, or funded in whole or |
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| 1 | | in part by a school or school district. | 2 | | (E) A prosecution for a violation of paragraph (k) of | 3 | | subsection (A) of this Section may be commenced within 6 years | 4 | | after the commission of the offense. A prosecution for a | 5 | | violation of this Section other than paragraph (g) of | 6 | | subsection (A) of this Section may be commenced within 5 years | 7 | | after the commission of the offense defined in the particular | 8 | | paragraph. | 9 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 10 | | 102-813, eff. 5-13-22.) | 11 | | Section 10. The Unified Code of Corrections is amended by | 12 | | changing Sections 5-4.5-95 and 5-5-3 as follows: | 13 | | (730 ILCS 5/5-4.5-95) | 14 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 15 | | (a) HABITUAL CRIMINALS. | 16 | | (1) Every person who has been twice convicted in any | 17 | | state or federal court of an offense that contains the | 18 | | same elements as an offense now (the date of the offense | 19 | | committed after the 2 prior convictions) classified in | 20 | | Illinois as a Class X felony, criminal sexual assault, | 21 | | aggravated kidnapping, or first degree murder, and who is | 22 | | thereafter convicted of a Class X felony, criminal sexual | 23 | | assault, or first degree murder, committed after the 2 | 24 | | prior convictions, shall be adjudged an habitual criminal. |
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| 1 | | (2) The 2 prior convictions need not have been for the | 2 | | same offense. | 3 | | (3) Any convictions that result from or are connected | 4 | | with the same transaction, or result from offenses | 5 | | committed at the same time, shall be counted for the | 6 | | purposes of this Section as one conviction. | 7 | | (4) This Section does not apply unless each of the | 8 | | following requirements are satisfied: | 9 | | (A) The third offense was committed after July 3, | 10 | | 1980. | 11 | | (B) The third offense was committed within 20 | 12 | | years of the date that judgment was entered on the | 13 | | first conviction; provided, however, that time spent | 14 | | in custody shall not be counted. | 15 | | (C) The third offense was committed after | 16 | | conviction on the second offense. | 17 | | (D) The second offense was committed after | 18 | | conviction on the first offense. | 19 | | (E) (Blank). The first offense was committed when | 20 | | the person was 21 years of age or older. | 21 | | (5) Anyone who , having attained the age of 18 at the | 22 | | time of the third offense, is adjudged an habitual | 23 | | criminal shall be sentenced to a term of natural life | 24 | | imprisonment. | 25 | | (6) A prior conviction shall not be alleged in the | 26 | | indictment, and no evidence or other disclosure of that |
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| 1 | | conviction shall be presented to the court or the jury | 2 | | during the trial of an offense set forth in this Section | 3 | | unless otherwise permitted by the issues properly raised | 4 | | in that trial. After a plea or verdict or finding of guilty | 5 | | and before sentence is imposed, the prosecutor may file | 6 | | with the court a verified written statement signed by the | 7 | | State's Attorney concerning any former conviction of an | 8 | | offense set forth in this Section rendered against the | 9 | | defendant. The court shall then cause the defendant to be | 10 | | brought before it; shall inform the defendant of the | 11 | | allegations of the statement so filed, and of his or her | 12 | | right to a hearing before the court on the issue of that | 13 | | former conviction and of his or her right to counsel at | 14 | | that hearing; and unless the defendant admits such | 15 | | conviction, shall hear and determine the issue, and shall | 16 | | make a written finding thereon. If a sentence has | 17 | | previously been imposed, the court may vacate that | 18 | | sentence and impose a new sentence in accordance with this | 19 | | Section. | 20 | | (7) A duly authenticated copy of the record of any | 21 | | alleged former conviction of an offense set forth in this | 22 | | Section shall be prima facie evidence of that former | 23 | | conviction; and a duly authenticated copy of the record of | 24 | | the defendant's final release or discharge from probation | 25 | | granted, or from sentence and parole supervision (if any) | 26 | | imposed pursuant to that former conviction, shall be prima |
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| 1 | | facie evidence of that release or discharge. | 2 | | (8) Any claim that a previous conviction offered by | 3 | | the prosecution is not a former conviction of an offense | 4 | | set forth in this Section because of the existence of any | 5 | | exceptions described in this Section, is waived unless | 6 | | duly raised at the hearing on that conviction, or unless | 7 | | the prosecution's proof shows the existence of the | 8 | | exceptions described in this Section. | 9 | | (9) If the person so convicted shows to the | 10 | | satisfaction of the court before whom that conviction was | 11 | | had that he or she was released from imprisonment, upon | 12 | | either of the sentences upon a pardon granted for the | 13 | | reason that he or she was innocent, that conviction and | 14 | | sentence shall not be considered under this Section. | 15 | | (b) When a defendant, over the age of 21 years, is | 16 | | convicted of a Class 1 or Class 2 forcible felony , except for | 17 | | an offense listed in subsection (d) of this Section, after | 18 | | having twice been convicted in any state or federal court of an | 19 | | offense that contains the same elements as an offense now (the | 20 | | date the Class 1 or Class 2 forcible felony was committed) | 21 | | classified in Illinois as a Class 2 or greater Class forcible | 22 | | felony , except for an offense listed in subsection (d) of this | 23 | | Section, and those charges are separately brought and tried | 24 | | and arise out of different series of acts, that defendant | 25 | | shall be sentenced as a Class X offender. This subsection does | 26 | | not apply unless: |
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| 1 | | (1) the first forcible felony was committed after | 2 | | February 1, 1978 (the effective date of Public Act | 3 | | 80-1099); | 4 | | (2) the second forcible felony was committed after | 5 | | conviction on the first; | 6 | | (3) the third forcible felony was committed after | 7 | | conviction on the second; and | 8 | | (4) (blank). the first offense was committed when the | 9 | | person was 21 years of age or older. | 10 | | (c) (Blank). | 11 | | (d) Subsection (b) of this Section does not apply to Class | 12 | | 1 or Class 2 felony convictions for a violation of Section 16-1 | 13 | | of the Criminal Code of 2012. | 14 | | A person sentenced as a Class X offender under this | 15 | | subsection (b) is not eligible to apply for treatment as a | 16 | | condition of probation as provided by Section 40-10 of the | 17 | | Substance Use Disorder Act (20 ILCS 301/40-10). | 18 | | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; | 19 | | 101-652, eff. 7-1-21 .) | 20 | | (730 ILCS 5/5-5-3) | 21 | | (Text of Section before amendment by P.A. 103-51 ) | 22 | | Sec. 5-5-3. Disposition. | 23 | | (a) (Blank). | 24 | | (b) (Blank). | 25 | | (c)(1) (Blank). |
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| 1 | | (2) A period of probation, a term of periodic imprisonment | 2 | | or conditional discharge shall not be imposed for the | 3 | | following offenses. The court shall sentence the offender to | 4 | | not less than the minimum term of imprisonment set forth in | 5 | | this Code for the following offenses, and may order a fine or | 6 | | restitution or both in conjunction with such term of | 7 | | imprisonment: | 8 | | (A) First degree murder where the death penalty is not | 9 | | imposed. | 10 | | (B) Attempted first degree murder. | 11 | | (C) A Class X felony. | 12 | | (D) A violation of Section 401.1 or 407 of the | 13 | | Illinois Controlled Substances Act, or a violation of | 14 | | subdivision (c)(1.5) of Section 401 of that Act which | 15 | | relates to more than 5 grams of a substance containing | 16 | | fentanyl or an analog thereof. | 17 | | (D-5) A violation of subdivision (c)(1) of Section 401 | 18 | | of the Illinois Controlled Substances Act which relates to | 19 | | 3 or more grams of a substance containing heroin or an | 20 | | analog thereof. | 21 | | (E) (Blank). | 22 | | (F) A Class 1 or greater felony if the offender had | 23 | | been convicted of a Class 1 or greater felony, including | 24 | | any state or federal conviction for an offense that | 25 | | contained, at the time it was committed, the same elements | 26 | | as an offense now (the date of the offense committed after |
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| 1 | | the prior Class 1 or greater felony) classified as a Class | 2 | | 1 or greater felony, within 10 years of the date on which | 3 | | the offender committed the offense for which he or she is | 4 | | being sentenced, except as otherwise provided in Section | 5 | | 40-10 of the Substance Use Disorder Act. | 6 | | (F-3) A Class 2 or greater felony sex offense or | 7 | | felony firearm offense if the offender had been convicted | 8 | | of a Class 2 or greater felony, including any state or | 9 | | federal conviction for an offense that contained, at the | 10 | | time it was committed, the same elements as an offense now | 11 | | (the date of the offense committed after the prior Class 2 | 12 | | or greater felony) classified as a Class 2 or greater | 13 | | felony, within 10 years of the date on which the offender | 14 | | committed the offense for which he or she is being | 15 | | sentenced, except as otherwise provided in Section 40-10 | 16 | | of the Substance Use Disorder Act. | 17 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | 18 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 19 | | for which imprisonment is prescribed in those Sections. | 20 | | (G) Residential burglary, except as otherwise provided | 21 | | in Section 40-10 of the Substance Use Disorder Act. | 22 | | (H) Criminal sexual assault. | 23 | | (I) Aggravated battery of a senior citizen as | 24 | | described in Section 12-4.6 or subdivision (a)(4) of | 25 | | Section 12-3.05 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012. |
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| 1 | | (J) A forcible felony if the offense was related to | 2 | | the activities of an organized gang. | 3 | | Before July 1, 1994, for the purposes of this | 4 | | paragraph, "organized gang" means an association of 5 or | 5 | | more persons, with an established hierarchy, that | 6 | | encourages members of the association to perpetrate crimes | 7 | | or provides support to the members of the association who | 8 | | do commit crimes. | 9 | | Beginning July 1, 1994, for the purposes of this | 10 | | paragraph, "organized gang" has the meaning ascribed to it | 11 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 12 | | Prevention Act. | 13 | | (K) Vehicular hijacking. | 14 | | (L) A second or subsequent conviction for the offense | 15 | | of hate crime when the underlying offense upon which the | 16 | | hate crime is based is felony aggravated assault or felony | 17 | | mob action. | 18 | | (M) A second or subsequent conviction for the offense | 19 | | of institutional vandalism if the damage to the property | 20 | | exceeds $300. | 21 | | (N) A Class 3 felony violation of paragraph (1) of | 22 | | subsection (a) of Section 2 of the Firearm Owners | 23 | | Identification Card Act. | 24 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012. | 26 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
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| 1 | | or (7) of subsection (a) of Section 11-20.1 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012. | 3 | | (P-5) A violation of paragraph (6) of subsection (a) | 4 | | of Section 11-20.1 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012 if the victim is a household or | 6 | | family member of the defendant. | 7 | | (Q) A violation of subsection (b) or (b-5) of Section | 8 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012. | 10 | | (R) A violation of Section 24-3A of the Criminal Code | 11 | | of 1961 or the Criminal Code of 2012. | 12 | | (S) (Blank). | 13 | | (T) (Blank). | 14 | | (U) A second or subsequent violation of Section 6-303 | 15 | | of the Illinois Vehicle Code committed while his or her | 16 | | driver's license, permit, or privilege was revoked because | 17 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 18 | | or the Criminal Code of 2012, relating to the offense of | 19 | | reckless homicide, or a similar provision of a law of | 20 | | another state. | 21 | | (V) A violation of paragraph (4) of subsection (c) of | 22 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 23 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 24 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 25 | | Code of 2012 when the victim is under 13 years of age and | 26 | | the defendant has previously been convicted under the laws |
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| 1 | | of this State or any other state of the offense of child | 2 | | pornography, aggravated child pornography, aggravated | 3 | | criminal sexual abuse, aggravated criminal sexual assault, | 4 | | predatory criminal sexual assault of a child, or any of | 5 | | the offenses formerly known as rape, deviate sexual | 6 | | assault, indecent liberties with a child, or aggravated | 7 | | indecent liberties with a child where the victim was under | 8 | | the age of 18 years or an offense that is substantially | 9 | | equivalent to those offenses. | 10 | | (W) A violation of Section 24-3.5 of the Criminal Code | 11 | | of 1961 or the Criminal Code of 2012. | 12 | | (X) A violation of subsection (a) of Section 31-1a of | 13 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 14 | | (Y) A conviction for unlawful possession of a firearm | 15 | | by a street gang member when the firearm was loaded or | 16 | | contained firearm ammunition. | 17 | | (Z) A Class 1 felony committed while he or she was | 18 | | serving a term of probation or conditional discharge for a | 19 | | felony. | 20 | | (AA) Theft of property exceeding $500,000 and not | 21 | | exceeding $1,000,000 in value. | 22 | | (BB) Laundering of criminally derived property of a | 23 | | value exceeding $500,000. | 24 | | (CC) Knowingly selling, offering for sale, holding for | 25 | | sale, or using 2,000 or more counterfeit items or | 26 | | counterfeit items having a retail value in the aggregate |
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| 1 | | of $500,000 or more. | 2 | | (DD) A conviction for aggravated assault under | 3 | | paragraph (6) of subsection (c) of Section 12-2 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 5 | | firearm is aimed toward the person against whom the | 6 | | firearm is being used. | 7 | | (EE) A conviction for a violation of paragraph (2) of | 8 | | subsection (a) of Section 24-3B of the Criminal Code of | 9 | | 2012. | 10 | | (3) (Blank). | 11 | | (4) A minimum term of imprisonment of not less than 10 | 12 | | consecutive days or 30 days of community service shall be | 13 | | imposed for a violation of paragraph (c) of Section 6-303 of | 14 | | the Illinois Vehicle Code. | 15 | | (4.1) (Blank). | 16 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 17 | | this subsection (c), a minimum of 100 hours of community | 18 | | service shall be imposed for a second violation of Section | 19 | | 6-303 of the Illinois Vehicle Code. | 20 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 21 | | hours of community service, as determined by the court, shall | 22 | | be imposed for a second violation of subsection (c) of Section | 23 | | 6-303 of the Illinois Vehicle Code. | 24 | | (4.4) Except as provided in paragraphs (4.5), (4.6), and | 25 | | (4.9) of this subsection (c), a minimum term of imprisonment | 26 | | of 30 days or 300 hours of community service, as determined by |
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| 1 | | the court, shall be imposed for a third or subsequent | 2 | | violation of Section 6-303 of the Illinois Vehicle Code. The | 3 | | court may give credit toward the fulfillment of community | 4 | | service hours for participation in activities and treatment as | 5 | | determined by court services. | 6 | | (4.5) A minimum term of imprisonment of 30 days shall be | 7 | | imposed for a third violation of subsection (c) of Section | 8 | | 6-303 of the Illinois Vehicle Code. | 9 | | (4.6) Except as provided in paragraph (4.10) of this | 10 | | subsection (c), a minimum term of imprisonment of 180 days | 11 | | shall be imposed for a fourth or subsequent violation of | 12 | | subsection (c) of Section 6-303 of the Illinois Vehicle Code. | 13 | | (4.7) A minimum term of imprisonment of not less than 30 | 14 | | consecutive days, or 300 hours of community service, shall be | 15 | | imposed for a violation of subsection (a-5) of Section 6-303 | 16 | | of the Illinois Vehicle Code, as provided in subsection (b-5) | 17 | | of that Section. | 18 | | (4.8) A mandatory prison sentence shall be imposed for a | 19 | | second violation of subsection (a-5) of Section 6-303 of the | 20 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 21 | | Section. The person's driving privileges shall be revoked for | 22 | | a period of not less than 5 years from the date of his or her | 23 | | release from prison. | 24 | | (4.9) A mandatory prison sentence of not less than 4 and | 25 | | not more than 15 years shall be imposed for a third violation | 26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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| 1 | | Code, as provided in subsection (d-2.5) of that Section. The | 2 | | person's driving privileges shall be revoked for the remainder | 3 | | of his or her life. | 4 | | (4.10) A mandatory prison sentence for a Class 1 felony | 5 | | shall be imposed, and the person shall be eligible for an | 6 | | extended term sentence, for a fourth or subsequent violation | 7 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 8 | | Code, as provided in subsection (d-3.5) of that Section. The | 9 | | person's driving privileges shall be revoked for the remainder | 10 | | of his or her life. | 11 | | (5) The court may sentence a corporation or unincorporated | 12 | | association convicted of any offense to: | 13 | | (A) a period of conditional discharge; | 14 | | (B) a fine; | 15 | | (C) make restitution to the victim under Section 5-5-6 | 16 | | of this Code. | 17 | | (5.1) In addition to any other penalties imposed, and | 18 | | except as provided in paragraph (5.2) or (5.3), a person | 19 | | convicted of violating subsection (c) of Section 11-907 of the | 20 | | Illinois Vehicle Code shall have his or her driver's license, | 21 | | permit, or privileges suspended for at least 90 days but not | 22 | | more than one year, if the violation resulted in damage to the | 23 | | property of another person. | 24 | | (5.2) In addition to any other penalties imposed, and | 25 | | except as provided in paragraph (5.3), a person convicted of | 26 | | violating subsection (c) of Section 11-907 of the Illinois |
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| 1 | | Vehicle Code shall have his or her driver's license, permit, | 2 | | or privileges suspended for at least 180 days but not more than | 3 | | 2 years, if the violation resulted in injury to another | 4 | | person. | 5 | | (5.3) In addition to any other penalties imposed, a person | 6 | | convicted of violating subsection (c) of Section 11-907 of the | 7 | | Illinois Vehicle Code shall have his or her driver's license, | 8 | | permit, or privileges suspended for 2 years, if the violation | 9 | | resulted in the death of another person. | 10 | | (5.4) In addition to any other penalties imposed, a person | 11 | | convicted of violating Section 3-707 of the Illinois Vehicle | 12 | | Code shall have his or her driver's license, permit, or | 13 | | privileges suspended for 3 months and until he or she has paid | 14 | | a reinstatement fee of $100. | 15 | | (5.5) In addition to any other penalties imposed, a person | 16 | | convicted of violating Section 3-707 of the Illinois Vehicle | 17 | | Code during a period in which his or her driver's license, | 18 | | permit, or privileges were suspended for a previous violation | 19 | | of that Section shall have his or her driver's license, | 20 | | permit, or privileges suspended for an additional 6 months | 21 | | after the expiration of the original 3-month suspension and | 22 | | until he or she has paid a reinstatement fee of $100. | 23 | | (6) (Blank). | 24 | | (7) (Blank). | 25 | | (8) (Blank). | 26 | | (9) A defendant convicted of a second or subsequent |
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| 1 | | offense of ritualized abuse of a child may be sentenced to a | 2 | | term of natural life imprisonment. | 3 | | (10) (Blank). | 4 | | (11) The court shall impose a minimum fine of $1,000 for a | 5 | | first offense and $2,000 for a second or subsequent offense | 6 | | upon a person convicted of or placed on supervision for | 7 | | battery when the individual harmed was a sports official or | 8 | | coach at any level of competition and the act causing harm to | 9 | | the sports official or coach occurred within an athletic | 10 | | facility or within the immediate vicinity of the athletic | 11 | | facility at which the sports official or coach was an active | 12 | | participant of the athletic contest held at the athletic | 13 | | facility. For the purposes of this paragraph (11), "sports | 14 | | official" means a person at an athletic contest who enforces | 15 | | the rules of the contest, such as an umpire or referee; | 16 | | "athletic facility" means an indoor or outdoor playing field | 17 | | or recreational area where sports activities are conducted; | 18 | | and "coach" means a person recognized as a coach by the | 19 | | sanctioning authority that conducted the sporting event. | 20 | | (12) A person may not receive a disposition of court | 21 | | supervision for a violation of Section 5-16 of the Boat | 22 | | Registration and Safety Act if that person has previously | 23 | | received a disposition of court supervision for a violation of | 24 | | that Section. | 25 | | (13) A person convicted of or placed on court supervision | 26 | | for an assault or aggravated assault when the victim and the |
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| 1 | | offender are family or household members as defined in Section | 2 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 3 | | of domestic battery or aggravated domestic battery may be | 4 | | required to attend a Partner Abuse Intervention Program under | 5 | | protocols set forth by the Illinois Department of Human | 6 | | Services under such terms and conditions imposed by the court. | 7 | | The costs of such classes shall be paid by the offender. | 8 | | (d) In any case in which a sentence originally imposed is | 9 | | vacated, the case shall be remanded to the trial court. The | 10 | | trial court shall hold a hearing under Section 5-4-1 of this | 11 | | Code which may include evidence of the defendant's life, moral | 12 | | character and occupation during the time since the original | 13 | | sentence was passed. The trial court shall then impose | 14 | | sentence upon the defendant. The trial court may impose any | 15 | | sentence which could have been imposed at the original trial | 16 | | subject to Section 5-5-4 of this Code. If a sentence is vacated | 17 | | on appeal or on collateral attack due to the failure of the | 18 | | trier of fact at trial to determine beyond a reasonable doubt | 19 | | the existence of a fact (other than a prior conviction) | 20 | | necessary to increase the punishment for the offense beyond | 21 | | the statutory maximum otherwise applicable, either the | 22 | | defendant may be re-sentenced to a term within the range | 23 | | otherwise provided or, if the State files notice of its | 24 | | intention to again seek the extended sentence, the defendant | 25 | | shall be afforded a new trial. | 26 | | (e) In cases where prosecution for aggravated criminal |
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| 1 | | sexual abuse under Section 11-1.60 or 12-16 of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 3 | | of a defendant who was a family member of the victim at the | 4 | | time of the commission of the offense, the court shall | 5 | | consider the safety and welfare of the victim and may impose a | 6 | | sentence of probation only where: | 7 | | (1) the court finds (A) or (B) or both are | 8 | | appropriate: | 9 | | (A) the defendant is willing to undergo a court | 10 | | approved counseling program for a minimum duration of | 11 | | 2 years; or | 12 | | (B) the defendant is willing to participate in a | 13 | | court approved plan, including, but not limited to, | 14 | | the defendant's: | 15 | | (i) removal from the household; | 16 | | (ii) restricted contact with the victim; | 17 | | (iii) continued financial support of the | 18 | | family; | 19 | | (iv) restitution for harm done to the victim; | 20 | | and | 21 | | (v) compliance with any other measures that | 22 | | the court may deem appropriate; and | 23 | | (2) the court orders the defendant to pay for the | 24 | | victim's counseling services, to the extent that the court | 25 | | finds, after considering the defendant's income and | 26 | | assets, that the defendant is financially capable of |
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| 1 | | paying for such services, if the victim was under 18 years | 2 | | of age at the time the offense was committed and requires | 3 | | counseling as a result of the offense. | 4 | | Probation may be revoked or modified pursuant to Section | 5 | | 5-6-4; except where the court determines at the hearing that | 6 | | the defendant violated a condition of his or her probation | 7 | | restricting contact with the victim or other family members or | 8 | | commits another offense with the victim or other family | 9 | | members, the court shall revoke the defendant's probation and | 10 | | impose a term of imprisonment. | 11 | | For the purposes of this Section, "family member" and | 12 | | "victim" shall have the meanings ascribed to them in Section | 13 | | 11-0.1 of the Criminal Code of 2012. | 14 | | (f) (Blank). | 15 | | (g) Whenever a defendant is convicted of an offense under | 16 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, | 17 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 18 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 19 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, | 20 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, the defendant shall undergo medical | 22 | | testing to determine whether the defendant has any sexually | 23 | | transmissible disease, including a test for infection with | 24 | | human immunodeficiency virus (HIV) or any other identified | 25 | | causative agent of acquired immunodeficiency syndrome (AIDS). | 26 | | Any such medical test shall be performed only by appropriately |
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| 1 | | licensed medical practitioners and may include an analysis of | 2 | | any bodily fluids as well as an examination of the defendant's | 3 | | person. Except as otherwise provided by law, the results of | 4 | | such test shall be kept strictly confidential by all medical | 5 | | personnel involved in the testing and must be personally | 6 | | delivered in a sealed envelope to the judge of the court in | 7 | | which the conviction was entered for the judge's inspection in | 8 | | camera. Acting in accordance with the best interests of the | 9 | | victim and the public, the judge shall have the discretion to | 10 | | determine to whom, if anyone, the results of the testing may be | 11 | | revealed. The court shall notify the defendant of the test | 12 | | results. The court shall also notify the victim if requested | 13 | | by the victim, and if the victim is under the age of 15 and if | 14 | | requested by the victim's parents or legal guardian, the court | 15 | | shall notify the victim's parents or legal guardian of the | 16 | | test results. The court shall provide information on the | 17 | | availability of HIV testing and counseling at Department of | 18 | | Public Health facilities to all parties to whom the results of | 19 | | the testing are revealed and shall direct the State's Attorney | 20 | | to provide the information to the victim when possible. The | 21 | | court shall order that the cost of any such test shall be paid | 22 | | by the county and may be taxed as costs against the convicted | 23 | | defendant. | 24 | | (g-5) When an inmate is tested for an airborne | 25 | | communicable disease, as determined by the Illinois Department | 26 | | of Public Health, including, but not limited to, tuberculosis, |
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| 1 | | the results of the test shall be personally delivered by the | 2 | | warden or his or her designee in a sealed envelope to the judge | 3 | | of the court in which the inmate must appear for the judge's | 4 | | inspection in camera if requested by the judge. Acting in | 5 | | accordance with the best interests of those in the courtroom, | 6 | | the judge shall have the discretion to determine what if any | 7 | | precautions need to be taken to prevent transmission of the | 8 | | disease in the courtroom. | 9 | | (h) Whenever a defendant is convicted of an offense under | 10 | | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the | 11 | | defendant shall undergo medical testing to determine whether | 12 | | the defendant has been exposed to human immunodeficiency virus | 13 | | (HIV) or any other identified causative agent of acquired | 14 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 15 | | by law, the results of such test shall be kept strictly | 16 | | confidential by all medical personnel involved in the testing | 17 | | and must be personally delivered in a sealed envelope to the | 18 | | judge of the court in which the conviction was entered for the | 19 | | judge's inspection in camera. Acting in accordance with the | 20 | | best interests of the public, the judge shall have the | 21 | | discretion to determine to whom, if anyone, the results of the | 22 | | testing may be revealed. The court shall notify the defendant | 23 | | of a positive test showing an infection with the human | 24 | | immunodeficiency virus (HIV). The court shall provide | 25 | | information on the availability of HIV testing and counseling | 26 | | at Department of Public Health facilities to all parties to |
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| 1 | | whom the results of the testing are revealed and shall direct | 2 | | the State's Attorney to provide the information to the victim | 3 | | when possible. The court shall order that the cost of any such | 4 | | test shall be paid by the county and may be taxed as costs | 5 | | against the convicted defendant. | 6 | | (i) All fines and penalties imposed under this Section for | 7 | | any violation of Chapters 3, 4, 6, and 11 of the Illinois | 8 | | Vehicle Code, or a similar provision of a local ordinance, and | 9 | | any violation of the Child Passenger Protection Act, or a | 10 | | similar provision of a local ordinance, shall be collected and | 11 | | disbursed by the circuit clerk as provided under the Criminal | 12 | | and Traffic Assessment Act. | 13 | | (j) In cases when prosecution for any violation of Section | 14 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, | 15 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 16 | | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, | 17 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 18 | | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012, any violation of the Illinois Controlled | 20 | | Substances Act, any violation of the Cannabis Control Act, or | 21 | | any violation of the Methamphetamine Control and Community | 22 | | Protection Act results in conviction, a disposition of court | 23 | | supervision, or an order of probation granted under Section 10 | 24 | | of the Cannabis Control Act, Section 410 of the Illinois | 25 | | Controlled Substances Act, or Section 70 of the | 26 | | Methamphetamine Control and Community Protection Act of a |
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| 1 | | defendant, the court shall determine whether the defendant is | 2 | | employed by a facility or center as defined under the Child | 3 | | Care Act of 1969, a public or private elementary or secondary | 4 | | school, or otherwise works with children under 18 years of age | 5 | | on a daily basis. When a defendant is so employed, the court | 6 | | shall order the Clerk of the Court to send a copy of the | 7 | | judgment of conviction or order of supervision or probation to | 8 | | the defendant's employer by certified mail. If the employer of | 9 | | the defendant is a school, the Clerk of the Court shall direct | 10 | | the mailing of a copy of the judgment of conviction or order of | 11 | | supervision or probation to the appropriate regional | 12 | | superintendent of schools. The regional superintendent of | 13 | | schools shall notify the State Board of Education of any | 14 | | notification under this subsection. | 15 | | (j-5) A defendant at least 17 years of age who is convicted | 16 | | of a felony and who has not been previously convicted of a | 17 | | misdemeanor or felony and who is sentenced to a term of | 18 | | imprisonment in the Illinois Department of Corrections shall | 19 | | as a condition of his or her sentence be required by the court | 20 | | to attend educational courses designed to prepare the | 21 | | defendant for a high school diploma and to work toward a high | 22 | | school diploma or to work toward passing high school | 23 | | equivalency testing or to work toward completing a vocational | 24 | | training program offered by the Department of Corrections. If | 25 | | a defendant fails to complete the educational training | 26 | | required by his or her sentence during the term of |
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| 1 | | incarceration, the Prisoner Review Board shall, as a condition | 2 | | of mandatory supervised release, require the defendant, at his | 3 | | or her own expense, to pursue a course of study toward a high | 4 | | school diploma or passage of high school equivalency testing. | 5 | | The Prisoner Review Board shall revoke the mandatory | 6 | | supervised release of a defendant who wilfully fails to comply | 7 | | with this subsection (j-5) upon his or her release from | 8 | | confinement in a penal institution while serving a mandatory | 9 | | supervised release term; however, the inability of the | 10 | | defendant after making a good faith effort to obtain financial | 11 | | aid or pay for the educational training shall not be deemed a | 12 | | wilful failure to comply. The Prisoner Review Board shall | 13 | | recommit the defendant whose mandatory supervised release term | 14 | | has been revoked under this subsection (j-5) as provided in | 15 | | Section 3-3-9. This subsection (j-5) does not apply to a | 16 | | defendant who has a high school diploma or has successfully | 17 | | passed high school equivalency testing. This subsection (j-5) | 18 | | does not apply to a defendant who is determined by the court to | 19 | | be a person with a developmental disability or otherwise | 20 | | mentally incapable of completing the educational or vocational | 21 | | program. | 22 | | (k) (Blank). | 23 | | (l)(A) Except as provided in paragraph (C) of subsection | 24 | | (l), whenever a defendant, who is not a citizen or national of | 25 | | the United States, is convicted of any felony or misdemeanor | 26 | | offense, the court after sentencing the defendant may, upon |
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| 1 | | motion of the State's Attorney, hold sentence in abeyance and | 2 | | remand the defendant to the custody of the Attorney General of | 3 | | the United States or his or her designated agent to be deported | 4 | | when: | 5 | | (1) a final order of deportation has been issued | 6 | | against the defendant pursuant to proceedings under the | 7 | | Immigration and Nationality Act, and | 8 | | (2) the deportation of the defendant would not | 9 | | deprecate the seriousness of the defendant's conduct and | 10 | | would not be inconsistent with the ends of justice. | 11 | | Otherwise, the defendant shall be sentenced as provided in | 12 | | this Chapter V. | 13 | | (B) If the defendant has already been sentenced for a | 14 | | felony or misdemeanor offense, or has been placed on probation | 15 | | under Section 10 of the Cannabis Control Act, Section 410 of | 16 | | the Illinois Controlled Substances Act, or Section 70 of the | 17 | | Methamphetamine Control and Community Protection Act, the | 18 | | court may, upon motion of the State's Attorney to suspend the | 19 | | sentence imposed, commit the defendant to the custody of the | 20 | | Attorney General of the United States or his or her designated | 21 | | agent when: | 22 | | (1) a final order of deportation has been issued | 23 | | against the defendant pursuant to proceedings under the | 24 | | Immigration and Nationality Act, and | 25 | | (2) the deportation of the defendant would not | 26 | | deprecate the seriousness of the defendant's conduct and |
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| 1 | | would not be inconsistent with the ends of justice. | 2 | | (C) This subsection (l) does not apply to offenders who | 3 | | are subject to the provisions of paragraph (2) of subsection | 4 | | (a) of Section 3-6-3. | 5 | | (D) Upon motion of the State's Attorney, if a defendant | 6 | | sentenced under this Section returns to the jurisdiction of | 7 | | the United States, the defendant shall be recommitted to the | 8 | | custody of the county from which he or she was sentenced. | 9 | | Thereafter, the defendant shall be brought before the | 10 | | sentencing court, which may impose any sentence that was | 11 | | available under Section 5-5-3 at the time of initial | 12 | | sentencing. In addition, the defendant shall not be eligible | 13 | | for additional earned sentence credit as provided under | 14 | | Section 3-6-3. | 15 | | (m) A person convicted of criminal defacement of property | 16 | | under Section 21-1.3 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012, in which the property damage exceeds | 18 | | $300 and the property damaged is a school building, shall be | 19 | | ordered to perform community service that may include cleanup, | 20 | | removal, or painting over the defacement. | 21 | | (n) The court may sentence a person convicted of a | 22 | | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | 23 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 24 | | of 1961 or the Criminal Code of 2012 (i) to an impact | 25 | | incarceration program if the person is otherwise eligible for | 26 | | that program under Section 5-8-1.1, (ii) to community service, |
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| 1 | | or (iii) if the person has a substance use disorder, as defined | 2 | | in the Substance Use Disorder Act, to a treatment program | 3 | | licensed under that Act. | 4 | | (o) Whenever a person is convicted of a sex offense as | 5 | | defined in Section 2 of the Sex Offender Registration Act, the | 6 | | defendant's driver's license or permit shall be subject to | 7 | | renewal on an annual basis in accordance with the provisions | 8 | | of license renewal established by the Secretary of State. | 9 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | 10 | | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 11 | | 5-27-22.) | 12 | | (Text of Section after amendment by P.A. 103-51 ) | 13 | | Sec. 5-5-3. Disposition. | 14 | | (a) (Blank). | 15 | | (b) (Blank). | 16 | | (c)(1) (Blank). | 17 | | (2) A period of probation, a term of periodic imprisonment | 18 | | or conditional discharge shall not be imposed for the | 19 | | following offenses. The court shall sentence the offender to | 20 | | not less than the minimum term of imprisonment set forth in | 21 | | this Code for the following offenses, and may order a fine or | 22 | | restitution or both in conjunction with such term of | 23 | | imprisonment: | 24 | | (A) First degree murder. | 25 | | (B) Attempted first degree murder. |
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| 1 | | (C) A Class X felony. | 2 | | (D) A violation of Section 401.1 or 407 of the | 3 | | Illinois Controlled Substances Act, or a violation of | 4 | | subdivision (c)(1.5) of Section 401 of that Act which | 5 | | relates to more than 5 grams of a substance containing | 6 | | fentanyl or an analog thereof. | 7 | | (D-5) A violation of subdivision (c)(1) of Section 401 | 8 | | of the Illinois Controlled Substances Act which relates to | 9 | | 3 or more grams of a substance containing heroin or an | 10 | | analog thereof. | 11 | | (E) (Blank). | 12 | | (F) A Class 1 or greater felony if the offender had | 13 | | been convicted of a Class 1 or greater felony, including | 14 | | any state or federal conviction for an offense that | 15 | | contained, at the time it was committed, the same elements | 16 | | as an offense now (the date of the offense committed after | 17 | | the prior Class 1 or greater felony) classified as a Class | 18 | | 1 or greater felony, within 10 years of the date on which | 19 | | the offender committed the offense for which he or she is | 20 | | being sentenced, except as otherwise provided in Section | 21 | | 40-10 of the Substance Use Disorder Act. | 22 | | (F-3) A Class 2 or greater felony sex offense or | 23 | | felony firearm offense if the offender had been convicted | 24 | | of a Class 2 or greater felony, including any state or | 25 | | federal conviction for an offense that contained, at the | 26 | | time it was committed, the same elements as an offense now |
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| 1 | | (the date of the offense committed after the prior Class 2 | 2 | | or greater felony) classified as a Class 2 or greater | 3 | | felony, within 10 years of the date on which the offender | 4 | | committed the offense for which he or she is being | 5 | | sentenced, except as otherwise provided in Section 40-10 | 6 | | of the Substance Use Disorder Act. | 7 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | 8 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 9 | | for which imprisonment is prescribed in those Sections. | 10 | | (G) Residential burglary, except as otherwise provided | 11 | | in Section 40-10 of the Substance Use Disorder Act. | 12 | | (H) Criminal sexual assault. | 13 | | (I) Aggravated battery of a senior citizen as | 14 | | described in Section 12-4.6 or subdivision (a)(4) of | 15 | | Section 12-3.05 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012. | 17 | | (J) A forcible felony if the offense was related to | 18 | | the activities of an organized gang. | 19 | | Before July 1, 1994, for the purposes of this | 20 | | paragraph, "organized gang" means an association of 5 or | 21 | | more persons, with an established hierarchy, that | 22 | | encourages members of the association to perpetrate crimes | 23 | | or provides support to the members of the association who | 24 | | do commit crimes. | 25 | | Beginning July 1, 1994, for the purposes of this | 26 | | paragraph, "organized gang" has the meaning ascribed to it |
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| 1 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 2 | | Prevention Act. | 3 | | (K) Vehicular hijacking. | 4 | | (L) A second or subsequent conviction for the offense | 5 | | of hate crime when the underlying offense upon which the | 6 | | hate crime is based is felony aggravated assault or felony | 7 | | mob action. | 8 | | (M) A second or subsequent conviction for the offense | 9 | | of institutional vandalism if the damage to the property | 10 | | exceeds $300. | 11 | | (N) A Class 3 felony violation of paragraph (1) of | 12 | | subsection (a) of Section 2 of the Firearm Owners | 13 | | Identification Card Act. | 14 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012. | 16 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 17 | | or (7) of subsection (a) of Section 11-20.1 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012. | 19 | | (P-5) A violation of paragraph (6) of subsection (a) | 20 | | of Section 11-20.1 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012 if the victim is a household or | 22 | | family member of the defendant. | 23 | | (Q) A violation of subsection (b) or (b-5) of Section | 24 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012. | 26 | | (R) A violation of Section 24-3A of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012. | 2 | | (S) (Blank). | 3 | | (T) (Blank). | 4 | | (U) A second or subsequent violation of Section 6-303 | 5 | | of the Illinois Vehicle Code committed while his or her | 6 | | driver's license, permit, or privilege was revoked because | 7 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 8 | | or the Criminal Code of 2012, relating to the offense of | 9 | | reckless homicide, or a similar provision of a law of | 10 | | another state. | 11 | | (V) A violation of paragraph (4) of subsection (c) of | 12 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 13 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 14 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 15 | | Code of 2012 when the victim is under 13 years of age and | 16 | | the defendant has previously been convicted under the laws | 17 | | of this State or any other state of the offense of child | 18 | | pornography, aggravated child pornography, aggravated | 19 | | criminal sexual abuse, aggravated criminal sexual assault, | 20 | | predatory criminal sexual assault of a child, or any of | 21 | | the offenses formerly known as rape, deviate sexual | 22 | | assault, indecent liberties with a child, or aggravated | 23 | | indecent liberties with a child where the victim was under | 24 | | the age of 18 years or an offense that is substantially | 25 | | equivalent to those offenses. | 26 | | (W) A violation of Section 24-3.5 of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012. | 2 | | (X) A violation of subsection (a) of Section 31-1a of | 3 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 4 | | (Y) A conviction for unlawful possession of a firearm | 5 | | by a street gang member when the firearm was loaded or | 6 | | contained firearm ammunition. | 7 | | (Z) A Class 1 felony committed while he or she was | 8 | | serving a term of probation or conditional discharge for a | 9 | | felony. | 10 | | (AA) Theft of property exceeding $500,000 and not | 11 | | exceeding $1,000,000 in value. | 12 | | (BB) Laundering of criminally derived property of a | 13 | | value exceeding $500,000. | 14 | | (CC) Knowingly selling, offering for sale, holding for | 15 | | sale, or using 2,000 or more counterfeit items or | 16 | | counterfeit items having a retail value in the aggregate | 17 | | of $500,000 or more. | 18 | | (DD) A conviction for aggravated assault under | 19 | | paragraph (6) of subsection (c) of Section 12-2 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 21 | | firearm is aimed toward the person against whom the | 22 | | firearm is being used. | 23 | | (EE) A conviction for a violation of paragraph (2) of | 24 | | subsection (a) of Section 24-3B of the Criminal Code of | 25 | | 2012. | 26 | | (FF) A second or subsequent conviction for a violation |
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| 1 | | of paragraph (m) or (n) of subsection (A) of Section 24-3 | 2 | | of the Criminal Code of 2012. | 3 | | (3) (Blank). | 4 | | (4) A minimum term of imprisonment of not less than 10 | 5 | | consecutive days or 30 days of community service shall be | 6 | | imposed for a violation of paragraph (c) of Section 6-303 of | 7 | | the Illinois Vehicle Code. | 8 | | (4.1) (Blank). | 9 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 10 | | this subsection (c), a minimum of 100 hours of community | 11 | | service shall be imposed for a second violation of Section | 12 | | 6-303 of the Illinois Vehicle Code. | 13 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 14 | | hours of community service, as determined by the court, shall | 15 | | be imposed for a second violation of subsection (c) of Section | 16 | | 6-303 of the Illinois Vehicle Code. | 17 | | (4.4) Except as provided in paragraphs (4.5), (4.6), and | 18 | | (4.9) of this subsection (c), a minimum term of imprisonment | 19 | | of 30 days or 300 hours of community service, as determined by | 20 | | the court, shall be imposed for a third or subsequent | 21 | | violation of Section 6-303 of the Illinois Vehicle Code. The | 22 | | court may give credit toward the fulfillment of community | 23 | | service hours for participation in activities and treatment as | 24 | | determined by court services. | 25 | | (4.5) A minimum term of imprisonment of 30 days shall be | 26 | | imposed for a third violation of subsection (c) of Section |
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| 1 | | 6-303 of the Illinois Vehicle Code. | 2 | | (4.6) Except as provided in paragraph (4.10) of this | 3 | | subsection (c), a minimum term of imprisonment of 180 days | 4 | | shall be imposed for a fourth or subsequent violation of | 5 | | subsection (c) of Section 6-303 of the Illinois Vehicle Code. | 6 | | (4.7) A minimum term of imprisonment of not less than 30 | 7 | | consecutive days, or 300 hours of community service, shall be | 8 | | imposed for a violation of subsection (a-5) of Section 6-303 | 9 | | of the Illinois Vehicle Code, as provided in subsection (b-5) | 10 | | of that Section. | 11 | | (4.8) A mandatory prison sentence shall be imposed for a | 12 | | second violation of subsection (a-5) of Section 6-303 of the | 13 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 14 | | Section. The person's driving privileges shall be revoked for | 15 | | a period of not less than 5 years from the date of his or her | 16 | | release from prison. | 17 | | (4.9) A mandatory prison sentence of not less than 4 and | 18 | | not more than 15 years shall be imposed for a third violation | 19 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 20 | | Code, as provided in subsection (d-2.5) of that Section. The | 21 | | person's driving privileges shall be revoked for the remainder | 22 | | of his or her life. | 23 | | (4.10) A mandatory prison sentence for a Class 1 felony | 24 | | shall be imposed, and the person shall be eligible for an | 25 | | extended term sentence, for a fourth or subsequent violation | 26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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| 1 | | Code, as provided in subsection (d-3.5) of that Section. The | 2 | | person's driving privileges shall be revoked for the remainder | 3 | | of his or her life. | 4 | | (5) The court may sentence a corporation or unincorporated | 5 | | association convicted of any offense to: | 6 | | (A) a period of conditional discharge; | 7 | | (B) a fine; | 8 | | (C) make restitution to the victim under Section 5-5-6 | 9 | | of this Code. | 10 | | (5.1) In addition to any other penalties imposed, and | 11 | | except as provided in paragraph (5.2) or (5.3), a person | 12 | | convicted of violating subsection (c) of Section 11-907 of the | 13 | | Illinois Vehicle Code shall have his or her driver's license, | 14 | | permit, or privileges suspended for at least 90 days but not | 15 | | more than one year, if the violation resulted in damage to the | 16 | | property of another person. | 17 | | (5.2) In addition to any other penalties imposed, and | 18 | | except as provided in paragraph (5.3), a person convicted of | 19 | | violating subsection (c) of Section 11-907 of the Illinois | 20 | | Vehicle Code shall have his or her driver's license, permit, | 21 | | or privileges suspended for at least 180 days but not more than | 22 | | 2 years, if the violation resulted in injury to another | 23 | | person. | 24 | | (5.3) In addition to any other penalties imposed, a person | 25 | | convicted of violating subsection (c) of Section 11-907 of the | 26 | | Illinois Vehicle Code shall have his or her driver's license, |
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| 1 | | permit, or privileges suspended for 2 years, if the violation | 2 | | resulted in the death of another person. | 3 | | (5.4) In addition to any other penalties imposed, a person | 4 | | convicted of violating Section 3-707 of the Illinois Vehicle | 5 | | Code shall have his or her driver's license, permit, or | 6 | | privileges suspended for 3 months and until he or she has paid | 7 | | a reinstatement fee of $100. | 8 | | (5.5) In addition to any other penalties imposed, a person | 9 | | convicted of violating Section 3-707 of the Illinois Vehicle | 10 | | Code during a period in which his or her driver's license, | 11 | | permit, or privileges were suspended for a previous violation | 12 | | of that Section shall have his or her driver's license, | 13 | | permit, or privileges suspended for an additional 6 months | 14 | | after the expiration of the original 3-month suspension and | 15 | | until he or she has paid a reinstatement fee of $100. | 16 | | (6) (Blank). | 17 | | (7) (Blank). | 18 | | (8) (Blank). | 19 | | (9) A defendant convicted of a second or subsequent | 20 | | offense of ritualized abuse of a child may be sentenced to a | 21 | | term of natural life imprisonment. | 22 | | (10) (Blank). | 23 | | (11) The court shall impose a minimum fine of $1,000 for a | 24 | | first offense and $2,000 for a second or subsequent offense | 25 | | upon a person convicted of or placed on supervision for | 26 | | battery when the individual harmed was a sports official or |
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| 1 | | coach at any level of competition and the act causing harm to | 2 | | the sports official or coach occurred within an athletic | 3 | | facility or within the immediate vicinity of the athletic | 4 | | facility at which the sports official or coach was an active | 5 | | participant of the athletic contest held at the athletic | 6 | | facility. For the purposes of this paragraph (11), "sports | 7 | | official" means a person at an athletic contest who enforces | 8 | | the rules of the contest, such as an umpire or referee; | 9 | | "athletic facility" means an indoor or outdoor playing field | 10 | | or recreational area where sports activities are conducted; | 11 | | and "coach" means a person recognized as a coach by the | 12 | | sanctioning authority that conducted the sporting event. | 13 | | (12) A person may not receive a disposition of court | 14 | | supervision for a violation of Section 5-16 of the Boat | 15 | | Registration and Safety Act if that person has previously | 16 | | received a disposition of court supervision for a violation of | 17 | | that Section. | 18 | | (13) A person convicted of or placed on court supervision | 19 | | for an assault or aggravated assault when the victim and the | 20 | | offender are family or household members as defined in Section | 21 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 22 | | of domestic battery or aggravated domestic battery may be | 23 | | required to attend a Partner Abuse Intervention Program under | 24 | | protocols set forth by the Illinois Department of Human | 25 | | Services under such terms and conditions imposed by the court. | 26 | | The costs of such classes shall be paid by the offender. |
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| 1 | | (d) In any case in which a sentence originally imposed is | 2 | | vacated, the case shall be remanded to the trial court. The | 3 | | trial court shall hold a hearing under Section 5-4-1 of this | 4 | | Code which may include evidence of the defendant's life, moral | 5 | | character and occupation during the time since the original | 6 | | sentence was passed. The trial court shall then impose | 7 | | sentence upon the defendant. The trial court may impose any | 8 | | sentence which could have been imposed at the original trial | 9 | | subject to Section 5-5-4 of this Code. If a sentence is vacated | 10 | | on appeal or on collateral attack due to the failure of the | 11 | | trier of fact at trial to determine beyond a reasonable doubt | 12 | | the existence of a fact (other than a prior conviction) | 13 | | necessary to increase the punishment for the offense beyond | 14 | | the statutory maximum otherwise applicable, either the | 15 | | defendant may be re-sentenced to a term within the range | 16 | | otherwise provided or, if the State files notice of its | 17 | | intention to again seek the extended sentence, the defendant | 18 | | shall be afforded a new trial. | 19 | | (e) In cases where prosecution for aggravated criminal | 20 | | sexual abuse under Section 11-1.60 or 12-16 of the Criminal | 21 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 22 | | of a defendant who was a family member of the victim at the | 23 | | time of the commission of the offense, the court shall | 24 | | consider the safety and welfare of the victim and may impose a | 25 | | sentence of probation only where: | 26 | | (1) the court finds (A) or (B) or both are |
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| 1 | | appropriate: | 2 | | (A) the defendant is willing to undergo a court | 3 | | approved counseling program for a minimum duration of | 4 | | 2 years; or | 5 | | (B) the defendant is willing to participate in a | 6 | | court approved plan, including, but not limited to, | 7 | | the defendant's: | 8 | | (i) removal from the household; | 9 | | (ii) restricted contact with the victim; | 10 | | (iii) continued financial support of the | 11 | | family; | 12 | | (iv) restitution for harm done to the victim; | 13 | | and | 14 | | (v) compliance with any other measures that | 15 | | the court may deem appropriate; and | 16 | | (2) the court orders the defendant to pay for the | 17 | | victim's counseling services, to the extent that the court | 18 | | finds, after considering the defendant's income and | 19 | | assets, that the defendant is financially capable of | 20 | | paying for such services, if the victim was under 18 years | 21 | | of age at the time the offense was committed and requires | 22 | | counseling as a result of the offense. | 23 | | Probation may be revoked or modified pursuant to Section | 24 | | 5-6-4; except where the court determines at the hearing that | 25 | | the defendant violated a condition of his or her probation | 26 | | restricting contact with the victim or other family members or |
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| 1 | | commits another offense with the victim or other family | 2 | | members, the court shall revoke the defendant's probation and | 3 | | impose a term of imprisonment. | 4 | | For the purposes of this Section, "family member" and | 5 | | "victim" shall have the meanings ascribed to them in Section | 6 | | 11-0.1 of the Criminal Code of 2012. | 7 | | (f) (Blank). | 8 | | (g) Whenever a defendant is convicted of an offense under | 9 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, | 10 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 11 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 12 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, | 13 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012, the defendant shall undergo medical | 15 | | testing to determine whether the defendant has any sexually | 16 | | transmissible disease, including a test for infection with | 17 | | human immunodeficiency virus (HIV) or any other identified | 18 | | causative agent of acquired immunodeficiency syndrome (AIDS). | 19 | | Any such medical test shall be performed only by appropriately | 20 | | licensed medical practitioners and may include an analysis of | 21 | | any bodily fluids as well as an examination of the defendant's | 22 | | person. Except as otherwise provided by law, the results of | 23 | | such test shall be kept strictly confidential by all medical | 24 | | personnel involved in the testing and must be personally | 25 | | delivered in a sealed envelope to the judge of the court in | 26 | | which the conviction was entered for the judge's inspection in |
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| 1 | | camera. Acting in accordance with the best interests of the | 2 | | victim and the public, the judge shall have the discretion to | 3 | | determine to whom, if anyone, the results of the testing may be | 4 | | revealed. The court shall notify the defendant of the test | 5 | | results. The court shall also notify the victim if requested | 6 | | by the victim, and if the victim is under the age of 15 and if | 7 | | requested by the victim's parents or legal guardian, the court | 8 | | shall notify the victim's parents or legal guardian of the | 9 | | test results. The court shall provide information on the | 10 | | availability of HIV testing and counseling at Department of | 11 | | Public Health facilities to all parties to whom the results of | 12 | | the testing are revealed and shall direct the State's Attorney | 13 | | to provide the information to the victim when possible. The | 14 | | court shall order that the cost of any such test shall be paid | 15 | | by the county and may be taxed as costs against the convicted | 16 | | defendant. | 17 | | (g-5) When an inmate is tested for an airborne | 18 | | communicable disease, as determined by the Illinois Department | 19 | | of Public Health, including, but not limited to, tuberculosis, | 20 | | the results of the test shall be personally delivered by the | 21 | | warden or his or her designee in a sealed envelope to the judge | 22 | | of the court in which the inmate must appear for the judge's | 23 | | inspection in camera if requested by the judge. Acting in | 24 | | accordance with the best interests of those in the courtroom, | 25 | | the judge shall have the discretion to determine what if any | 26 | | precautions need to be taken to prevent transmission of the |
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| 1 | | disease in the courtroom. | 2 | | (h) Whenever a defendant is convicted of an offense under | 3 | | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the | 4 | | defendant shall undergo medical testing to determine whether | 5 | | the defendant has been exposed to human immunodeficiency virus | 6 | | (HIV) or any other identified causative agent of acquired | 7 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 8 | | by law, the results of such test shall be kept strictly | 9 | | confidential by all medical personnel involved in the testing | 10 | | and must be personally delivered in a sealed envelope to the | 11 | | judge of the court in which the conviction was entered for the | 12 | | judge's inspection in camera. Acting in accordance with the | 13 | | best interests of the public, the judge shall have the | 14 | | discretion to determine to whom, if anyone, the results of the | 15 | | testing may be revealed. The court shall notify the defendant | 16 | | of a positive test showing an infection with the human | 17 | | immunodeficiency virus (HIV). The court shall provide | 18 | | information on the availability of HIV testing and counseling | 19 | | at Department of Public Health facilities to all parties to | 20 | | whom the results of the testing are revealed and shall direct | 21 | | the State's Attorney to provide the information to the victim | 22 | | when possible. The court shall order that the cost of any such | 23 | | test shall be paid by the county and may be taxed as costs | 24 | | 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 not a citizen or national of | 18 | | the United States, is convicted of any felony or misdemeanor | 19 | | offense, the court after sentencing the defendant may, upon | 20 | | motion of the State's Attorney, hold sentence in abeyance and | 21 | | remand the defendant to the custody of the Attorney General of | 22 | | the United States or his or her designated agent to be deported | 23 | | 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. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; | 3 | | 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. | 4 | | 1-1-24.) | 5 | | Section 95. No acceleration or delay. Where this Act makes | 6 | | changes in a statute that is represented in this Act by text | 7 | | that is not yet or no longer in effect (for example, a Section | 8 | | represented by multiple versions), the use of that text does | 9 | | not accelerate or delay the taking effect of (i) the changes | 10 | | made by this Act or (ii) provisions derived from any other | 11 | | Public Act. |
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