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90_HB3893
720 ILCS 5/12-4.2 from Ch. 38, par. 12-4.2
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Criminal Code of 1961. Provides for enhanced
penalties for certain firearm violations committed during the
course of another felony. These penalties shall be in
addition and consecutive to the penalties imposed for the
other felony. Amends the Unified Code of Corrections.
Provides that a person convicted of these various firearm
violations shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment.
LRB9012981RCksA
LRB9012981RCksA
1 AN ACT in relation to criminal law, amending named Acts.
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 1961 is amended by
5 changing Sections 12-4.2, 24-1, and 24-1.2 as follows:
6 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
7 Sec. 12-4.2. Aggravated Battery with a firearm.
8 (a) A person commits aggravated battery with a firearm
9 when he, in committing a battery, knowingly or intentionally
10 by means of the discharging of a firearm (1) causes any
11 injury to another person, or (2) causes any injury to a
12 person he knows to be a peace officer, a person summoned by a
13 peace officer, a correctional institution employee or a
14 fireman while the officer, employee or fireman is engaged in
15 the execution of any of his official duties, or to prevent
16 the officer, employee or fireman from performing his official
17 duties, or in retaliation for the officer, employee or
18 fireman performing his official duties, or (3) causes any
19 injury to a person he knows to be an emergency medical
20 technician - ambulance, emergency medical technician -
21 intermediate, emergency medical technician - paramedic,
22 ambulance driver, or other medical assistance or first aid
23 personnel, employed by a municipality or other governmental
24 unit, while the emergency medical technician - ambulance,
25 emergency medical technician - intermediate, emergency
26 medical technician - paramedic, ambulance driver, or other
27 medical assistance or first aid personnel is engaged in the
28 execution of any of his official duties, or to prevent the
29 emergency medical technician - ambulance, emergency medical
30 technician - intermediate, emergency medical technician -
31 paramedic, ambulance driver, or other medical assistance or
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1 first aid personnel from performing his official duties, or
2 in retaliation for the emergency medical technician -
3 ambulance, emergency medical technician - intermediate,
4 emergency medical technician - paramedic, ambulance driver,
5 or other medical assistance or first aid personnel performing
6 his official duties.
7 (a-5) A person commits aggravated battery with a firearm
8 when the person, in committing another felony, knowingly or
9 intentionally by means of the discharging of a firearm causes
10 great bodily harm or permanent disability or disfigurement to
11 another person.
12 (b) A violation of subsection (a) (1) of this Section is
13 a Class X felony. A violation of subsection (a) (2) or
14 subsection (a) (3) of this Section is a Class X felony for
15 which the sentence shall be a term of imprisonment of no less
16 than 15 years and no more than 60 years. A violation of
17 subsection (a-5) of this Section is a Class X felony for
18 which the offender, in addition and consecutive to the
19 penalty imposed for the other felony, shall be sentenced to a
20 term of imprisonment of not less than 25 years and not more
21 than natural life imprisonment. Nothing in this Section
22 shall be interpreted to prohibit the imposition of a death
23 sentence upon an offender who is convicted of and sentenced
24 to death for first degree murder.
25 (c) For purposes of this Section, "firearm" is defined
26 as in the Firearm Owners Identification Card Act "An Act
27 relating to the acquisition, possession and transfer of
28 firearms and firearm ammunition, to provide a penalty for the
29 violation thereof and to make an appropriation in connection
30 therewith", approved August 1, 1967, as amended.
31 (Source: P.A. 87-921; 87-1256; 88-433; 88-680, eff. 1-1-95.)
32 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
33 Sec. 24-1. Unlawful Use of Weapons.
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1 (a) A person commits the offense of unlawful use of
2 weapons when he knowingly:
3 (1) Sells, manufactures, purchases, possesses or
4 carries any bludgeon, black-jack, slung-shot, sand-club,
5 sand-bag, metal knuckles, throwing star, or any knife,
6 commonly referred to as a switchblade knife, which has a
7 blade that opens automatically by hand pressure applied
8 to a button, spring or other device in the handle of the
9 knife, or a ballistic knife, which is a device that
10 propels a knifelike blade as a projectile by means of a
11 coil spring, elastic material or compressed gas; or
12 (2) Carries or possesses with intent to use the
13 same unlawfully against another, a dagger, dirk, billy,
14 dangerous knife, razor, stiletto, broken bottle or other
15 piece of glass, stun gun or taser or any other dangerous
16 or deadly weapon or instrument of like character; or
17 (3) Carries on or about his person or in any
18 vehicle, a tear gas gun projector or bomb or any object
19 containing noxious liquid gas or substance, other than an
20 object containing a non-lethal noxious liquid gas or
21 substance designed solely for personal defense carried by
22 a person 18 years of age or older; or
23 (4) Carries or possesses in any vehicle or
24 concealed on or about his person except when on his land
25 or in his own abode or fixed place of business any
26 pistol, revolver, stun gun or taser or other firearm; or
27 (5) Sets a spring gun; or
28 (6) Possesses any device or attachment of any kind
29 designed, used or intended for use in silencing the
30 report of any firearm; or
31 (7) Sells, manufactures, purchases, possesses or
32 carries:
33 (i) a machine gun, which shall be defined for
34 the purposes of this subsection as any weapon, which
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1 shoots, is designed to shoot, or can be readily
2 restored to shoot, automatically more than one shot
3 without manually reloading by a single function of
4 the trigger, including the frame or receiver of any
5 such weapon, or sells, manufactures, purchases,
6 possesses, or carries any combination of parts
7 designed or intended for use in converting any
8 weapon into a machine gun, or any combination or
9 parts from which a machine gun can be assembled if
10 such parts are in the possession or under the
11 control of a person;
12 (ii) any rifle having one or more barrels less
13 than 16 inches in length or a shotgun having one or
14 more barrels less than 18 inches in length or any
15 weapon made from a rifle or shotgun, whether by
16 alteration, modification, or otherwise, if such a
17 weapon as modified has an overall length of less
18 than 26 inches; or
19 (iii) any bomb, bomb-shell, grenade, bottle or
20 other container containing an explosive substance of
21 over one-quarter ounce for like purposes, such as,
22 but not limited to, black powder bombs and Molotov
23 cocktails or artillery projectiles; or
24 (8) Carries or possesses any firearm, stun gun or
25 taser or other deadly weapon in any place which is
26 licensed to sell intoxicating beverages, or at any public
27 gathering held pursuant to a license issued by any
28 governmental body or any public gathering at which an
29 admission is charged, excluding a place where a showing,
30 demonstration or lecture involving the exhibition of
31 unloaded firearms is conducted; or
32 (9) Carries or possesses in a vehicle or on or
33 about his person any pistol, revolver, stun gun or taser
34 or firearm or ballistic knife, when he is hooded, robed
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1 or masked in such manner as to conceal his identity; or
2 (10) Carries or possesses on or about his person,
3 upon any public street, alley, or other public lands
4 within the corporate limits of a city, village or
5 incorporated town, except when an invitee thereon or
6 therein, for the purpose of the display of such weapon or
7 the lawful commerce in weapons, or except when on his
8 land or in his own abode or fixed place of business, any
9 pistol, revolver, stun gun or taser or other firearm.
10 A "stun gun or taser", as used in this paragraph (a)
11 means (i) any device which is powered by electrical
12 charging units, such as, batteries, and which fires one
13 or several barbs attached to a length of wire and which,
14 upon hitting a human, can send out a current capable of
15 disrupting the person's nervous system in such a manner
16 as to render him incapable of normal functioning or (ii)
17 any device which is powered by electrical charging units,
18 such as batteries, and which, upon contact with a human
19 or clothing worn by a human, can send out current capable
20 of disrupting the person's nervous system in such a
21 manner as to render him incapable of normal functioning;
22 or
23 (11) Sells, manufactures or purchases any explosive
24 bullet. For purposes of this paragraph (a) "explosive
25 bullet" means the projectile portion of an ammunition
26 cartridge which contains or carries an explosive charge
27 which will explode upon contact with the flesh of a human
28 or an animal. "Cartridge" means a tubular metal case
29 having a projectile affixed at the front thereof and a
30 cap or primer at the rear end thereof, with the
31 propellant contained in such tube between the projectile
32 and the cap; or
33 (12) (Blank); or .
34 (12.5) Carries or possesses a firearm while
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1 committing another felony.
2 (b) Sentence. A person convicted of a violation of
3 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
4 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
5 Class A misdemeanor. A person convicted of a violation of
6 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
7 Class 4 felony; a person convicted of a violation of
8 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
9 Class 3 felony. A person convicted of a violation of
10 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
11 weapon is possessed in the passenger compartment of a motor
12 vehicle as defined in Section 1-146 of the Illinois Vehicle
13 Code, or on the person, while the weapon is loaded, in which
14 case it shall be a Class X felony. A person convicted of a
15 violation of subsection 24-1(a)(12.5) commits a Class X
16 felony for which the offender, in addition and consecutive to
17 the penalty imposed for the other felony, shall be sentenced
18 to a minimum term of imprisonment of 15 years. A person
19 convicted of a second or subsequent violation of subsection
20 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
21 felony.
22 (c) Violations in specific places.
23 (1) A person who violates subsection 24-1(a)(6) or
24 24-1(a)(7) in any school, regardless of the time of day
25 or the time of year, in residential property owned,
26 operated and managed by a public housing agency, in a
27 public park, in a courthouse, on the real property
28 comprising any school, regardless of the time of day or
29 the time of year, on residential property owned,
30 operated and managed by a public housing agency, on the
31 real property comprising any public park, on the real
32 property comprising any courthouse, in any conveyance
33 owned, leased or contracted by a school to transport
34 students to or from school or a school related activity,
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1 or on any public way within 1,000 feet of the real
2 property comprising any school, public park, courthouse,
3 or residential property owned, operated, and managed by a
4 public housing agency commits a Class 2 felony.
5 (1.5) A person who violates subsection 24-1(a)(4),
6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
7 the time of day or the time of year, in residential
8 property owned, operated, and managed by a public housing
9 agency, in a public park, in a courthouse, on the real
10 property comprising any school, regardless of the time of
11 day or the time of year, on residential property owned,
12 operated, and managed by a public housing agency, on the
13 real property comprising any public park, on the real
14 property comprising any courthouse, in any conveyance
15 owned, leased, or contracted by a school to transport
16 students to or from school or a school related activity,
17 or on any public way within 1,000 feet of the real
18 property comprising any school, public park, courthouse,
19 or residential property owned, operated, and managed by a
20 public housing agency commits a Class 3 felony.
21 (2) A person who violates subsection 24-1(a)(1) or
22 24-1(a)(3) in any school, regardless of the time of day
23 or the time of year, in residential property owned,
24 operated and managed by a public housing agency, in a
25 public park, in a courthouse, on the real property
26 comprising any school, regardless of the time of day or
27 the time of year, on residential property owned, operated
28 and managed by a public housing agency, on the real
29 property comprising any public park, on the real property
30 comprising any courthouse, in any conveyance owned,
31 leased or contracted by a school to transport students to
32 or from school or a school related activity, or on any
33 public way within 1,000 feet of the real property
34 comprising any school, public park, courthouse, or
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1 residential property owned, operated, and managed by a
2 public housing agency commits a Class 4 felony.
3 "Courthouse" means any building that is used by the
4 Circuit, Appellate, or Supreme Court of this State for
5 the conduct of official business.
6 (3) Paragraphs (1), (1.5), and (2) of this
7 subsection (c) shall not apply to law enforcement
8 officers or security officers of such school, college, or
9 university or to students carrying or possessing firearms
10 for use in training courses, parades, hunting, target
11 shooting on school ranges, or otherwise with the consent
12 of school authorities and which firearms are transported
13 unloaded enclosed in a suitable case, box, or
14 transportation package.
15 (4) For the purposes of this subsection (c),
16 "school" means any public or private elementary or
17 secondary school, community college, college, or
18 university.
19 (d) The presence in an automobile other than a public
20 omnibus of any weapon, instrument or substance referred to in
21 subsection (a)(7) is prima facie evidence that it is in the
22 possession of, and is being carried by, all persons occupying
23 such automobile at the time such weapon, instrument or
24 substance is found, except under the following circumstances:
25 (i) if such weapon, instrument or instrumentality is found
26 upon the person of one of the occupants therein; or (ii) if
27 such weapon, instrument or substance is found in an
28 automobile operated for hire by a duly licensed driver in the
29 due, lawful and proper pursuit of his trade, then such
30 presumption shall not apply to the driver.
31 (e) Exemptions. Crossbows, Common or Compound bows and
32 Underwater Spearguns are exempted from the definition of
33 ballistic knife as defined in paragraph (1) of subsection (a)
34 of this Section.
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1 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
2 12-2-94; 88-680, eff. 1-1-95.)
3 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
4 Sec. 24-1.2. Aggravated discharge of a firearm.
5 (a) A person commits aggravated discharge of a firearm
6 when he knowingly or intentionally:
7 (1) Discharges a firearm at or into a building he
8 knows to be occupied and the firearm is discharged from a
9 place or position outside that building;
10 (2) Discharges a firearm in the direction of
11 another person or in the direction of a vehicle he knows
12 to be occupied;
13 (3) Discharges a firearm in the direction of a
14 person he knows to be a peace officer, a person summoned
15 or directed by a peace officer, a correctional
16 institution employee, or a fireman while the officer,
17 employee or fireman is engaged in the execution of any of
18 his official duties, or to prevent the officer, employee
19 or fireman from performing his official duties, or in
20 retaliation for the officer, employee or fireman
21 performing his official duties;
22 (4) Discharges a firearm in the direction of a
23 vehicle he knows to be occupied by a peace officer, a
24 person summoned or directed by a peace officer, a
25 correctional institution employee or a fireman while the
26 officer, employee or fireman is engaged in the execution
27 of any of his official duties, or to prevent the officer,
28 employee or fireman from performing his official duties,
29 or in retaliation for the officer, employee or fireman
30 performing his official duties;
31 (5) Discharges a firearm in the direction of a
32 person he knows to be an emergency medical technician -
33 ambulance, emergency medical technician - intermediate,
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1 emergency medical technician - paramedic, ambulance
2 driver, or other medical assistance or first aid
3 personnel, employed by a municipality or other
4 governmental unit, while the emergency medical technician
5 - ambulance, emergency medical technician - intermediate,
6 emergency medical technician - paramedic, ambulance
7 driver, or other medical assistance or first aid
8 personnel is engaged in the execution of any of his
9 official duties, or to prevent the emergency medical
10 technician - ambulance, emergency medical technician -
11 intermediate, emergency medical technician - paramedic,
12 ambulance driver, or other medical assistance or first
13 aid personnel from performing his official duties, or in
14 retaliation for the emergency medical technician -
15 ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance
17 driver, or other medical assistance or first aid
18 personnel performing his official duties; or
19 (6) Discharges a firearm in the direction of a
20 vehicle he knows to be occupied by an emergency medical
21 technician - ambulance, emergency medical technician -
22 intermediate, emergency medical technician - paramedic,,
23 ambulance driver, or other medical assistance or first
24 aid personnel, employed by a municipality or other
25 governmental unit, while the emergency medical technician
26 - ambulance, emergency medical technician - intermediate,
27 emergency medical technician - paramedic, ambulance
28 driver, or other medical assistance or first aid
29 personnel is engaged in the execution of any of his
30 official duties, or to prevent the emergency medical
31 technician - ambulance, emergency medical technician -
32 intermediate, emergency medical technician - paramedic,
33 ambulance driver, or other medical assistance or first
34 aid personnel from performing his official duties, or in
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1 retaliation for the emergency medical technician -
2 ambulance, emergency medical technician - intermediate,
3 emergency medical technician - paramedic, ambulance
4 driver, or other medical assistance or first aid
5 personnel performing his official duties; or .
6 (7) Discharges a firearm while committing another
7 felony.
8 (b) A violation of subsection (a) (1) or subsection
9 (a) (2) of this Section is a Class 1 felony. A violation of
10 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
11 Section is a Class X felony for which the sentence shall be a
12 term of imprisonment of no less than 10 years and not more
13 than 45 years. A violation of subsection (a)(7) of this
14 Section is a Class X felony for which the sentence shall be a
15 term of imprisonment of 20 years. This sentence shall be
16 imposed in addition and consecutive to the penalty imposed
17 for the other felony committed by the offender while
18 discharging the firearm.
19 (Source: P.A. 87-921; 88-433; 88-680, eff. 1-1-95.)
20 Section 10. The Unified Code of Corrections is amended
21 by changing Sections 3-6-3, 5-4-1, and 5-8-4 as follows:
22 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
23 Sec. 3-6-3. Rules and Regulations for Early Release.
24 (a)(1) The Department of Corrections shall prescribe
25 rules and regulations for the early release on account of
26 good conduct of persons committed to the Department which
27 shall be subject to review by the Prisoner Review Board.
28 (2) The rules and regulations on early release
29 shall provide, with respect to offenses committed on or
30 after the effective date of this amendatory Act of 1995,
31 the following:
32 (i) that a prisoner who is serving a term of
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1 imprisonment for first degree murder shall receive
2 no good conduct credit and shall serve the entire
3 sentence imposed by the court;
4 (ii) that a prisoner serving a sentence for
5 attempt to commit first degree murder, solicitation
6 of murder, solicitation of murder for hire,
7 intentional homicide of an unborn child, predatory
8 criminal sexual assault of a child, aggravated
9 criminal sexual assault, criminal sexual assault,
10 aggravated kidnapping, aggravated battery with a
11 firearm, heinous battery, aggravated battery of a
12 senior citizen, or aggravated battery of a child
13 shall receive no more than 4.5 days of good conduct
14 credit for each month of his or her sentence of
15 imprisonment; and
16 (iii) that a prisoner serving a sentence for
17 home invasion, armed robbery, aggravated vehicular
18 hijacking, aggravated discharge of a firearm, or
19 armed violence with a category I weapon or category
20 II weapon, when the court has made and entered a
21 finding, pursuant to subsection (c-1) of Section
22 5-4-1 of this Code, that the conduct leading to
23 conviction for the enumerated offense resulted in
24 great bodily harm to a victim, shall receive no more
25 than 4.5 days of good conduct credit for each month
26 of his or her sentence of imprisonment.
27 (2.1) For all offenses, other than those enumerated
28 in subdivision (a)(2) committed on or after the effective
29 date of this amendatory Act of 1995 and other than those
30 enumerated in subdivision (a)(2.3) committed on or after
31 the effective date of this amendatory Act of 1998, the
32 rules and regulations shall provide that a prisoner who
33 is serving a term of imprisonment shall receive one day
34 of good conduct credit for each day of his or her
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1 sentence of imprisonment or recommitment under Section
2 3-3-9. Each day of good conduct credit shall reduce by
3 one day the prisoner's period of imprisonment or
4 recommitment under Section 3-3-9.
5 (2.2) A prisoner serving a term of natural life
6 imprisonment or a prisoner who has been sentenced to
7 death shall receive no good conduct credit.
8 (2.3) The rules and regulations for early release
9 shall provide that a prisoner serving a sentence for a
10 violation of subsection (a-5) of Section 12-4.2,
11 paragraph (12.5) of subsection (a) of Section 24-1, or
12 paragraph (7) of subsection (a) of Section 24-1.2 of the
13 Criminal Code of 1961 committed on or after the effective
14 date of this amendatory Act of 1998 shall receive no more
15 than 4.5 days of good conduct credit for each month of
16 his or her sentence of imprisonment.
17 (3) The rules and regulations shall also provide
18 that the Director may award up to 180 days additional
19 good conduct credit for meritorious service in specific
20 instances as the Director deems proper; except that no
21 more than 90 days of good conduct credit for meritorious
22 service shall be awarded to any prisoner who is serving a
23 sentence for conviction of first degree murder, reckless
24 homicide while under the influence of alcohol or any
25 other drug, aggravated kidnapping, kidnapping, predatory
26 criminal sexual assault of a child, aggravated criminal
27 sexual assault, criminal sexual assault, deviate sexual
28 assault, aggravated criminal sexual abuse, aggravated
29 indecent liberties with a child, indecent liberties with
30 a child, child pornography, heinous battery, aggravated
31 battery of a spouse, aggravated battery of a spouse with
32 a firearm, stalking, aggravated stalking, aggravated
33 battery of a child, endangering the life or health of a
34 child, cruelty to a child, or narcotic racketeering.
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1 Notwithstanding the foregoing, good conduct credit for
2 meritorious service shall not be awarded on a sentence of
3 imprisonment imposed for conviction of one of the
4 offenses enumerated in subdivision (a)(2) when the
5 offense is committed on or after the effective date of
6 this amendatory Act of 1995. Notwithstanding the
7 provisions of this subdivision (a)(3), good conduct
8 credit for meritorious service shall not be awarded on a
9 sentence of imprisonment imposed for conviction of one of
10 the offenses enumerated in subdivision (a)(2.3) when the
11 offense is committed on or after the effective date of
12 this amendatory Act of 1998.
13 (4) The rules and regulations shall also provide
14 that the good conduct credit accumulated and retained
15 under paragraph (2.1) of subsection (a) of this Section
16 by any inmate during specific periods of time in which
17 such inmate is engaged full-time in substance abuse
18 programs, correctional industry assignments, or
19 educational programs provided by the Department under
20 this paragraph (4) and satisfactorily completes the
21 assigned program as determined by the standards of the
22 Department, shall be multiplied by a factor of 1.25 for
23 program participation before the effective date of this
24 amendatory Act of 1993 and 1.50 for program participation
25 on or after that date. However, no inmate shall be
26 eligible for the additional good conduct credit under
27 this paragraph (4) while assigned to a boot camp, mental
28 health unit, or electronic detention, or if convicted of
29 an offense enumerated in paragraph (a)(2) of this Section
30 that is committed on or after the effective date of this
31 amendatory Act of 1995, or first degree murder, a Class X
32 felony, criminal sexual assault, felony criminal sexual
33 abuse, aggravated criminal sexual abuse, aggravated
34 battery with a firearm, or any predecessor or successor
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1 offenses with the same or substantially the same
2 elements, or any inchoate offenses relating to the
3 foregoing offenses. No inmate shall be eligible for the
4 additional good conduct credit under this paragraph (4)
5 who (i) has previously received increased good conduct
6 credit under this paragraph (4) and has subsequently been
7 convicted of a felony, or (ii) has previously served more
8 than one prior sentence of imprisonment for a felony in
9 an adult correctional facility.
10 Educational, vocational, substance abuse and
11 correctional industry programs under which good conduct
12 credit may be increased under this paragraph (4) shall be
13 evaluated by the Department on the basis of documented
14 standards. The Department shall report the results of
15 these evaluations to the Governor and the General
16 Assembly by September 30th of each year. The reports
17 shall include data relating to the recidivism rate among
18 program participants.
19 Availability of these programs shall be subject to
20 the limits of fiscal resources appropriated by the
21 General Assembly for these purposes. Eligible inmates
22 who are denied immediate admission shall be placed on a
23 waiting list under criteria established by the
24 Department. The inability of any inmate to become engaged
25 in any such programs by reason of insufficient program
26 resources or for any other reason established under the
27 rules and regulations of the Department shall not be
28 deemed a cause of action under which the Department or
29 any employee or agent of the Department shall be liable
30 for damages to the inmate.
31 (5) Whenever the Department is to release any
32 inmate earlier than it otherwise would because of a grant
33 of good conduct credit for meritorious service given at
34 any time during the term, the Department shall give
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1 reasonable advance notice of the impending release to the
2 State's Attorney of the county where the prosecution of
3 the inmate took place.
4 (b) Whenever a person is or has been committed under
5 several convictions, with separate sentences, the sentences
6 shall be construed under Section 5-8-4 in granting and
7 forfeiting of good time.
8 (c) The Department shall prescribe rules and regulations
9 for revoking good conduct credit, or suspending or reducing
10 the rate of accumulation of good conduct credit for specific
11 rule violations, during imprisonment. These rules and
12 regulations shall provide that no inmate may be penalized
13 more than one year of good conduct credit for any one
14 infraction.
15 When the Department seeks to revoke, suspend or reduce
16 the rate of accumulation of any good conduct credits for an
17 alleged infraction of its rules, it shall bring charges
18 therefor against the prisoner sought to be so deprived of
19 good conduct credits before the Prisoner Review Board as
20 provided in subparagraph (a)(4) of Section 3-3-2 of this
21 Code, if the amount of credit at issue exceeds 30 days or
22 when during any 12 month period, the cumulative amount of
23 credit revoked exceeds 30 days except where the infraction is
24 committed or discovered within 60 days of scheduled release.
25 In those cases, the Department of Corrections may revoke up
26 to 30 days of good conduct credit. The Board may subsequently
27 approve the revocation of additional good conduct credit, if
28 the Department seeks to revoke good conduct credit in excess
29 of 30 days. However, the Board shall not be empowered to
30 review the Department's decision with respect to the loss of
31 30 days of good conduct credit within any calendar year for
32 any prisoner or to increase any penalty beyond the length
33 requested by the Department.
34 The Director of the Department of Corrections, in
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1 appropriate cases, may restore up to 30 days good conduct
2 credits which have been revoked, suspended or reduced. Any
3 restoration of good conduct credits in excess of 30 days
4 shall be subject to review by the Prisoner Review Board.
5 However, the Board may not restore good conduct credit in
6 excess of the amount requested by the Director.
7 Nothing contained in this Section shall prohibit the
8 Prisoner Review Board from ordering, pursuant to Section
9 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
10 the sentence imposed by the court that was not served due to
11 the accumulation of good conduct credit.
12 (d) If a lawsuit is filed by a prisoner in an Illinois
13 or federal court against the State, the Department of
14 Corrections, or the Prisoner Review Board, or against any of
15 their officers or employees, and the court makes a specific
16 finding that a pleading, motion, or other paper filed by the
17 prisoner is frivolous, the Department of Corrections shall
18 conduct a hearing to revoke up to 180 days of good conduct
19 credit by bringing charges against the prisoner sought to be
20 deprived of the good conduct credits before the Prisoner
21 Review Board as provided in subparagraph (a)(8) of Section
22 3-3-2 of this Code. If the prisoner has not accumulated 180
23 days of good conduct credit at the time of the finding, then
24 the Prisoner Review Board may revoke all good conduct credit
25 accumulated by the prisoner.
26 For purposes of this subsection (d):
27 (1) "Frivolous" means that a pleading, motion, or
28 other filing which purports to be a legal document filed
29 by a prisoner in his or her lawsuit meets any or all of
30 the following criteria:
31 (A) it lacks an arguable basis either in law
32 or in fact;
33 (B) it is being presented for any improper
34 purpose, such as to harass or to cause unnecessary
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1 delay or needless increase in the cost of
2 litigation;
3 (C) the claims, defenses, and other legal
4 contentions therein are not warranted by existing
5 law or by a nonfrivolous argument for the extension,
6 modification, or reversal of existing law or the
7 establishment of new law;
8 (D) the allegations and other factual
9 contentions do not have evidentiary support or, if
10 specifically so identified, are not likely to have
11 evidentiary support after a reasonable opportunity
12 for further investigation or discovery; or
13 (E) the denials of factual contentions are not
14 warranted on the evidence, or if specifically so
15 identified, are not reasonably based on a lack of
16 information or belief.
17 (2) "Lawsuit" means a petition for post conviction
18 relief under Article 122 of the Code of Criminal
19 Procedure of 1963, a motion pursuant to Section 116-3 of
20 the Code of Criminal Procedure of 1963, a habeas corpus
21 action under Article X of the Code of Civil Procedure or
22 under federal law (28 U.S.C. 2254), a petition for claim
23 under the Court of Claims Act or an action under the
24 federal Civil Rights Act (42 U.S.C. 1983).
25 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
26 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
27 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
28 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
29 Sec. 5-4-1. Sentencing Hearing.
30 (a) Except when the death penalty is sought under
31 hearing procedures otherwise specified, after a determination
32 of guilt, a hearing shall be held to impose the sentence.
33 However, prior to the imposition of sentence on an individual
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1 being sentenced for an offense based upon a charge for a
2 violation of Section 11-501 of the Illinois Vehicle Code or a
3 similar provision of a local ordinance, the individual must
4 undergo a professional evaluation to determine if an alcohol
5 or other drug abuse problem exists and the extent of such a
6 problem. Programs conducting these evaluations shall be
7 licensed by the Department of Human Services. However, if
8 the individual is not a resident of Illinois, the court may,
9 in its discretion, accept an evaluation from a program in the
10 state of such individual's residence. The court may in its
11 sentencing order approve an eligible defendant for placement
12 in a Department of Corrections impact incarceration program
13 as provided in Section 5-8-1.1. At the hearing the court
14 shall:
15 (1) consider the evidence, if any, received upon
16 the trial;
17 (2) consider any presentence reports;
18 (3) consider the financial impact of incarceration
19 based on the financial impact statement filed with the
20 clerk of the court by the Department of Corrections;
21 (4) consider evidence and information offered by
22 the parties in aggravation and mitigation;
23 (5) hear arguments as to sentencing alternatives;
24 (6) afford the defendant the opportunity to make a
25 statement in his own behalf;
26 (7) afford the victim of a violent crime or a
27 violation of Section 11-501 of the Illinois Vehicle Code,
28 or a similar provision of a local ordinance, committed by
29 the defendant the opportunity to make a statement
30 concerning the impact on the victim and to offer evidence
31 in aggravation or mitigation; provided that the statement
32 and evidence offered in aggravation or mitigation must
33 first be prepared in writing in conjunction with the
34 State's Attorney before it may be presented orally at the
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1 hearing. Any sworn testimony offered by the victim is
2 subject to the defendant's right to cross-examine. All
3 statements and evidence offered under this paragraph (7)
4 shall become part of the record of the court; and
5 (8) in cases of reckless homicide afford the
6 victim's spouse, guardians, parents or other immediate
7 family members an opportunity to make oral statements.
8 (b) All sentences shall be imposed by the judge based
9 upon his independent assessment of the elements specified
10 above and any agreement as to sentence reached by the
11 parties. The judge who presided at the trial or the judge
12 who accepted the plea of guilty shall impose the sentence
13 unless he is no longer sitting as a judge in that court.
14 Where the judge does not impose sentence at the same time on
15 all defendants who are convicted as a result of being
16 involved in the same offense, the defendant or the State's
17 attorney may advise the sentencing court of the disposition
18 of any other defendants who have been sentenced.
19 (c) In imposing a sentence for a violent crime or for an
20 offense of operating or being in physical control of a
21 vehicle while under the influence of alcohol, any other drug
22 or any combination thereof, or a similar provision of a local
23 ordinance, when such offense resulted in the personal injury
24 to someone other than the defendant, the trial judge shall
25 specify on the record the particular evidence, information,
26 factors in mitigation and aggravation or other reasons that
27 led to his sentencing determination. The full verbatim record
28 of the sentencing hearing shall be filed with the clerk of
29 the court and shall be a public record.
30 (c-1) In imposing a sentence for the offense of
31 aggravated kidnapping for ransom, home invasion, armed
32 robbery, aggravated vehicular hijacking, aggravated discharge
33 of a firearm, or armed violence with a category I weapon or
34 category II weapon, the trial judge shall make a finding as
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1 to whether the conduct leading to conviction for the offense
2 resulted in great bodily harm to a victim, and shall enter
3 that finding and the basis for that finding in the record.
4 (c-2) If the defendant is sentenced to prison, other
5 than when a sentence of natural life imprisonment or a
6 sentence of death is imposed, at the time the sentence is
7 imposed the judge shall state on the record in open court the
8 approximate period of time the defendant will serve in
9 custody according to the then current statutory rules and
10 regulations for early release found in Section 3-6-3 and
11 other related provisions of this Code. This statement is
12 intended solely to inform the public, has no legal effect on
13 the defendant's actual release, and may not be relied on by
14 the defendant on appeal.
15 The judge's statement, to be given after pronouncing the
16 sentence, other than when the sentence is imposed for one of
17 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
18 shall include the following:
19 "The purpose of this statement is to inform the public of
20 the actual period of time this defendant is likely to spend
21 in prison as a result of this sentence. The actual period of
22 prison time served is determined by the statutes of Illinois
23 as applied to this sentence by the Illinois Department of
24 Corrections and the Illinois Prisoner Review Board. In this
25 case, assuming the defendant receives all of his or her good
26 conduct credit, the period of estimated actual custody is ...
27 years and ... months, less up to 180 days additional good
28 conduct credit for meritorious service. If the defendant,
29 because of his or her own misconduct or failure to comply
30 with the institutional regulations, does not receive those
31 credits, the actual time served in prison will be longer.
32 The defendant may also receive an additional one-half day
33 good conduct credit for each day of participation in
34 vocational, industry, substance abuse, and educational
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1 programs as provided for by Illinois statute."
2 When the sentence is imposed for one of the offenses
3 enumerated in paragraph (a)(3) of Section 3-6-3, other than
4 when the sentence is imposed for one of the offenses
5 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
6 or after the effective date of this amendatory Act of 1995
7 and other than when the sentence is imposed for one of the
8 offenses enumerated in paragraph (a)(2.3) of Section 3-6-3
9 committed on or after the effective date of this amendatory
10 Act of 1998, the judge's statement, to be given after
11 pronouncing the sentence, shall include the following:
12 "The purpose of this statement is to inform the public of
13 the actual period of time this defendant is likely to spend
14 in prison as a result of this sentence. The actual period of
15 prison time served is determined by the statutes of Illinois
16 as applied to this sentence by the Illinois Department of
17 Corrections and the Illinois Prisoner Review Board. In this
18 case, assuming the defendant receives all of his or her good
19 conduct credit, the period of estimated actual custody is ...
20 years and ... months, less up to 90 days additional good
21 conduct credit for meritorious service. If the defendant,
22 because of his or her own misconduct or failure to comply
23 with the institutional regulations, does not receive those
24 credits, the actual time served in prison will be longer.
25 The defendant may also receive an additional one-half day
26 good conduct credit for each day of participation in
27 vocational, industry, substance abuse, and educational
28 programs as provided for by Illinois statute."
29 When the sentence is imposed for one of the offenses
30 enumerated in paragraph (a)(2) of Section 3-6-3, other than
31 first degree murder, and the offense was committed on or
32 after the effective date of this amendatory Act of 1995 and
33 when the sentence is imposed for one of the offenses
34 enumerated in paragraph (a)(2.3) of Section 3-6-3 and the
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1 offense was committed on or after the effective date of this
2 amendatory Act of 1998, the judge's statement, to be given
3 after pronouncing the sentence, shall include the following:
4 "The purpose of this statement is to inform the public of
5 the actual period of time this defendant is likely to spend
6 in prison as a result of this sentence. The actual period of
7 prison time served is determined by the statutes of Illinois
8 as applied to this sentence by the Illinois Department of
9 Corrections and the Illinois Prisoner Review Board. In this
10 case, the defendant is entitled to no more than 4 1/2 days of
11 good conduct credit for each month of his or her sentence of
12 imprisonment. Therefore, this defendant will serve at least
13 85% of his or her sentence. Assuming the defendant receives
14 4 1/2 days credit for each month of his or her sentence, the
15 period of estimated actual custody is ... years and ...
16 months. If the defendant, because of his or her own
17 misconduct or failure to comply with the institutional
18 regulations receives lesser credit, the actual time served in
19 prison will be longer."
20 When a sentence of imprisonment is imposed for first
21 degree murder and the offense was committed on or after the
22 effective date of this amendatory Act of 1995, the judge's
23 statement, to be given after pronouncing the sentence, shall
24 include the following:
25 "The purpose of this statement is to inform the public of
26 the actual period of time this defendant is likely to spend
27 in prison as a result of this sentence. The actual period of
28 prison time served is determined by the statutes of Illinois
29 as applied to this sentence by the Illinois Department of
30 Corrections and the Illinois Prisoner Review Board. In this
31 case, the defendant is not entitled to good conduct credit.
32 Therefore, this defendant will serve 100% of his or her
33 sentence."
34 (d) When the defendant is committed to the Department of
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1 Corrections, the State's Attorney shall and counsel for the
2 defendant may file a statement with the clerk of the court to
3 be transmitted to the department, agency or institution to
4 which the defendant is committed to furnish such department,
5 agency or institution with the facts and circumstances of the
6 offense for which the person was committed together with all
7 other factual information accessible to them in regard to the
8 person prior to his commitment relative to his habits,
9 associates, disposition and reputation and any other facts
10 and circumstances which may aid such department, agency or
11 institution during its custody of such person. The clerk
12 shall within 10 days after receiving any such statements
13 transmit a copy to such department, agency or institution and
14 a copy to the other party, provided, however, that this shall
15 not be cause for delay in conveying the person to the
16 department, agency or institution to which he has been
17 committed.
18 (e) The clerk of the court shall transmit to the
19 department, agency or institution, if any, to which the
20 defendant is committed, the following:
21 (1) the sentence imposed;
22 (2) any statement by the court of the basis for
23 imposing the sentence;
24 (3) any presentence reports;
25 (4) the number of days, if any, which the defendant
26 has been in custody and for which he is entitled to
27 credit against the sentence, which information shall be
28 provided to the clerk by the sheriff;
29 (4.1) any finding of great bodily harm made by the
30 court with respect to an offense enumerated in subsection
31 (c-1);
32 (5) all statements filed under subsection (d) of
33 this Section;
34 (6) any medical or mental health records or
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1 summaries of the defendant;
2 (7) the municipality where the arrest of the
3 offender or the commission of the offense has occurred,
4 where such municipality has a population of more than
5 25,000 persons;
6 (8) all statements made and evidence offered under
7 paragraph (7) of subsection (a) of this Section; and
8 (9) all additional matters which the court directs
9 the clerk to transmit.
10 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
11 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
12 Sec. 5-8-4. Concurrent and Consecutive Terms of
13 Imprisonment.
14 (a) When multiple sentences of imprisonment are imposed
15 on a defendant at the same time, or when a term of
16 imprisonment is imposed on a defendant who is already subject
17 to sentence in this State or in another state, or for a
18 sentence imposed by any district court of the United States,
19 the sentences shall run concurrently or consecutively as
20 determined by the court. When a term of imprisonment is
21 imposed on a defendant by an Illinois circuit court and the
22 defendant is subsequently sentenced to a term of imprisonment
23 by another state or by a district court of the United States,
24 the Illinois circuit court which imposed the sentence may
25 order that the Illinois sentence be made concurrent with the
26 sentence imposed by the other state or district court of the
27 United States. The defendant must apply to the circuit court
28 within 30 days after the defendant's sentence imposed by the
29 other state or district of the United States is finalized.
30 Except as otherwise provided in subsection (a-5), the court
31 shall not impose consecutive sentences for offenses which
32 were committed as part of a single course of conduct during
33 which there was no substantial change in the nature of the
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1 criminal objective, unless, one of the offenses for which
2 defendant was convicted was a Class X or Class 1 felony and
3 the defendant inflicted severe bodily injury, or where the
4 defendant was convicted of a violation of Section 12-13,
5 12-14, or 12-14.1 of the Criminal Code of 1961, in which
6 event the court shall enter sentences to run consecutively.
7 Sentences shall run concurrently unless otherwise specified
8 by the court.
9 (a-5) The court shall impose consecutive sentences when
10 one of the offenses is a felony and the other offense is a
11 violation of subsection (a-5) of Section 12-4.2, paragraph
12 (12.5) of subsection (a) of Section 24-1, or paragraph (7) of
13 subsection (a) of Section 24-1.2 of the Criminal Code of
14 1961; except that the court shall not impose consecutive
15 sentences upon a defendant convicted of a combination of
16 violations of the offenses enumerated in subsection (a-5) of
17 Section 12-4.2, paragraph (12.5) of subsection (a) of Section
18 24-1, or paragraph (7) of subsection (a) of Section 24-1.2 of
19 the Criminal Code of 1961 when these combination of offenses
20 were committed as part of a single course of conduct. In
21 that case, the court shall sentence the defendant to the
22 aggregate sentence for the underlying felony and the most
23 serious of the violations of subsection (a-5) of Section
24 12-4.2, paragraph (12.5) of subsection (a) of Section 24-1,
25 or paragraph (7) of subsection (a) of Section 24-1.2 of the
26 Criminal Code of 1961 committed by the defendant.
27 (b) The court shall not impose a consecutive sentence
28 except as provided for in subsection (a) or subsection (a-5)
29 unless, having regard to the nature and circumstances of the
30 offense and the history and character of the defendant, it is
31 of the opinion that such a term is required to protect the
32 public from further criminal conduct by the defendant, the
33 basis for which the court shall set forth in the record;
34 except that no such finding or opinion is required when
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1 multiple sentences of imprisonment are imposed on a defendant
2 for offenses that were not committed as part of a single
3 course of conduct during which there was no substantial
4 change in the nature of the criminal objective, and one of
5 the offenses for which the defendant was convicted was a
6 Class X or Class 1 felony and the defendant inflicted severe
7 bodily injury, or when the defendant was convicted of a
8 violation of Section 12-13, 12-14, or 12-14.1 of the Criminal
9 Code of 1961, in which event the Court shall enter sentences
10 to run consecutively.
11 (c) (1) For sentences imposed under law in effect prior
12 to February 1, 1978 the aggregate maximum of consecutive
13 sentences shall not exceed the maximum term authorized
14 under Section 5-8-1 for the 2 most serious felonies
15 involved. The aggregate minimum period of consecutive
16 sentences shall not exceed the highest minimum term
17 authorized under Section 5-8-1 for the 2 most serious
18 felonies involved. When sentenced only for misdemeanors,
19 a defendant shall not be consecutively sentenced to more
20 than the maximum for one Class A misdemeanor.
21 (2) For sentences imposed under the law in effect
22 on or after February 1, 1978, the aggregate of
23 consecutive sentences for offenses that were committed as
24 part of a single course of conduct during which there was
25 no substantial change in the nature of the criminal
26 objective shall not exceed the sum of the maximum terms
27 authorized under Section 5-8-2 for the 2 most serious
28 felonies involved, but no such limitation shall apply for
29 offenses that were not committed as part of a single
30 course of conduct during which there was no substantial
31 change in the nature of the criminal objective. When
32 sentenced only for misdemeanors, a defendant shall not be
33 consecutively sentenced to more than the maximum for one
34 Class A misdemeanor.
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1 (d) An offender serving a sentence for a misdemeanor who
2 is convicted of a felony and sentenced to imprisonment shall
3 be transferred to the Department of Corrections, and the
4 misdemeanor sentence shall be merged in and run concurrently
5 with the felony sentence.
6 (e) In determining the manner in which consecutive
7 sentences of imprisonment, one or more of which is for a
8 felony, will be served, the Department of Corrections shall
9 treat the offender as though he had been committed for a
10 single term with the following incidents:
11 (1) the maximum period of a term of imprisonment
12 shall consist of the aggregate of the maximums of the
13 imposed indeterminate terms, if any, plus the aggregate
14 of the imposed determinate sentences for felonies plus
15 the aggregate of the imposed determinate sentences for
16 misdemeanors subject to paragraph (c) of this Section;
17 (2) the parole or mandatory supervised release term
18 shall be as provided in paragraph (e) of Section 5-8-1 of
19 this Code for the most serious of the offenses involved;
20 (3) the minimum period of imprisonment shall be the
21 aggregate of the minimum and determinate periods of
22 imprisonment imposed by the court, subject to paragraph
23 (c) of this Section; and
24 (4) the offender shall be awarded credit against
25 the aggregate maximum term and the aggregate minimum term
26 of imprisonment for all time served in an institution
27 since the commission of the offense or offenses and as a
28 consequence thereof at the rate specified in Section
29 3-6-3 of this Code.
30 (f) A sentence of an offender committed to the
31 Department of Corrections at the time of the commission of
32 the offense shall be served consecutive to the sentence under
33 which he is held by the Department of Corrections. However,
34 in case such offender shall be sentenced to punishment by
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1 death, the sentence shall be executed at such time as the
2 court may fix without regard to the sentence under which such
3 offender may be held by the Department.
4 (g) A sentence under Section 3-6-4 for escape or
5 attempted escape shall be served consecutive to the terms
6 under which the offender is held by the Department of
7 Corrections.
8 (h) If a person charged with a felony commits a separate
9 felony while on pre-trial release or in pretrial detention in
10 a county jail facility or county detention facility, the
11 sentences imposed upon conviction of these felonies shall be
12 served consecutively regardless of the order in which the
13 judgments of conviction are entered.
14 (i) If a person admitted to bail following conviction of
15 a felony commits a separate felony while free on bond or if a
16 person detained in a county jail facility or county detention
17 facility following conviction of a felony commits a separate
18 felony while in detention, any sentence following conviction
19 of the separate felony shall be consecutive to that of the
20 original sentence for which the defendant was on bond or
21 detained.
22 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
23 90-128, eff. 7-22-97.)