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90_SB1688
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/12-4.1 from Ch. 38, par. 12-4.1
720 ILCS 5/12-4.2-5 new
720 ILCS 5/20-2 from Ch. 38, par. 20-2
720 ILCS 5/Art. 20.5 heading new
720 ILCS 5/20.5-5 new
720 ILCS 5/24-1.2-5 new
720 ILCS 5/26-1 from Ch. 38, par. 26-1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Criminal Code of 1961. Establishes various
penalties for possession of firearms equipped with silencers
and possession of deadly substances. Increases from a Class 4
felony to a Class 3 felony, the transmission of a false
report of a bomb or explosive being concealed in the place
that would endanger human life. Amends the Unified Code of
Corrections. Provides that persons convicted of certain
firearms violations serve at least 85% of their sentences.
Effective immediately.
LRB9011640WHdv
LRB9011640WHdv
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 9-1, 12-4.1, 20-2, and 26-1 and adding
6 Sections 12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:
7 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
8 Sec. 9-1. First degree Murder - Death penalties -
9 Exceptions - Separate Hearings - Proof - Findings - Appellate
10 procedures - Reversals.
11 (a) A person who kills an individual without lawful
12 justification commits first degree murder if, in performing
13 the acts which cause the death:
14 (1) he either intends to kill or do great bodily
15 harm to that individual or another, or knows that such
16 acts will cause death to that individual or another; or
17 (2) he knows that such acts create a strong
18 probability of death or great bodily harm to that
19 individual or another; or
20 (3) he is attempting or committing a forcible
21 felony other than second degree murder.
22 (b) Aggravating Factors. A defendant who at the time of
23 the commission of the offense has attained the age of 18 or
24 more and who has been found guilty of first degree murder may
25 be sentenced to death if:
26 (1) the murdered individual was a peace officer or
27 fireman killed in the course of performing his official
28 duties, to prevent the performance of his official
29 duties, or in retaliation for performing his official
30 duties, and the defendant knew or should have known that
31 the murdered individual was a peace officer or fireman;
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1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
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1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
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1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (9) the defendant, while committing an offense
16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
17 407 or 407.1 or subsection (b) of Section 404 of the
18 Illinois Controlled Substances Act, or while engaged in a
19 conspiracy or solicitation to commit such offense,
20 intentionally killed an individual or counseled,
21 commanded, induced, procured or caused the intentional
22 killing of the murdered individual; or
23 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
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1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; or
17 (13) the defendant was a principal administrator,
18 organizer, or leader of a calculated criminal drug
19 conspiracy consisting of a hierarchical position of
20 authority superior to that of all other members of the
21 conspiracy, and the defendant counseled, commanded,
22 induced, procured, or caused the intentional killing of
23 the murdered person; or
24 (14) the murder was intentional and involved the
25 infliction of torture. For the purpose of this Section
26 torture means the infliction of or subjection to extreme
27 physical pain, motivated by an intent to increase or
28 prolong the pain, suffering or agony of the victim; or
29 (15) the murder was committed as a result of the
30 intentional discharge of a firearm by the defendant from
31 a motor vehicle and the victim was not present within the
32 motor vehicle; or
33 (16) the murdered individual was 60 years of age or
34 older and the death resulted from exceptionally brutal or
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1 heinous behavior indicative of wanton cruelty; or
2 (17) the murdered individual was a disabled person
3 and the defendant knew or should have known that the
4 murdered individual was disabled. For purposes of this
5 paragraph (17), "disabled person" means a person who
6 suffers from a permanent physical or mental impairment
7 resulting from disease, an injury, a functional disorder,
8 or a congenital condition that renders the person
9 incapable of adequately providing for his or her own
10 health or personal care; or
11 (18) the murdered individual was killed as the
12 result of the intentional explosion of a bomb or other
13 explosive device or as the result of the intentional
14 igniting of any incendiary device or flammable substance;
15 or
16 (19) the murdered individual was killed as the
17 result of the intentional release of poisonous or noxious
18 gas other than a non-lethal noxious liquid gas designed
19 solely for personal defense; or
20 (20) the murdered individual was killed as the
21 result of the intentional discharge of a machine gun as
22 defined in clause (i) of paragraph (7) of subsection (a)
23 of Section 24-1 of this Code; or
24 (21) the murdered individual was killed as the
25 result of the intentional discharge of a firearm that, at
26 the time of the discharge, was equipped with any device
27 or attachment designed or used for silencing the report
28 of the firearm; or
29 (22) the murdered individual was killed as the
30 result of the intentional release of any deadly
31 biological or chemical contaminant or agent or the
32 intentional exposure of any person to a radioactive
33 substance.
34 (c) Consideration of factors in Aggravation and
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1 Mitigation.
2 The court shall consider, or shall instruct the jury to
3 consider any aggravating and any mitigating factors which are
4 relevant to the imposition of the death penalty. Aggravating
5 factors may include but need not be limited to those factors
6 set forth in subsection (b). Mitigating factors may include
7 but need not be limited to the following:
8 (1) the defendant has no significant history of
9 prior criminal activity;
10 (2) the murder was committed while the defendant
11 was under the influence of extreme mental or emotional
12 disturbance, although not such as to constitute a defense
13 to prosecution;
14 (3) the murdered individual was a participant in
15 the defendant's homicidal conduct or consented to the
16 homicidal act;
17 (4) the defendant acted under the compulsion of
18 threat or menace of the imminent infliction of death or
19 great bodily harm;
20 (5) the defendant was not personally present during
21 commission of the act or acts causing death.
22 (d) Separate sentencing hearing.
23 Where requested by the State, the court shall conduct a
24 separate sentencing proceeding to determine the existence of
25 factors set forth in subsection (b) and to consider any
26 aggravating or mitigating factors as indicated in subsection
27 (c). The proceeding shall be conducted:
28 (1) before the jury that determined the defendant's
29 guilt; or
30 (2) before a jury impanelled for the purpose of the
31 proceeding if:
32 A. the defendant was convicted upon a plea of
33 guilty; or
34 B. the defendant was convicted after a trial
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1 before the court sitting without a jury; or
2 C. the court for good cause shown discharges
3 the jury that determined the defendant's guilt; or
4 (3) before the court alone if the defendant waives
5 a jury for the separate proceeding.
6 (e) Evidence and Argument.
7 During the proceeding any information relevant to any of
8 the factors set forth in subsection (b) may be presented by
9 either the State or the defendant under the rules governing
10 the admission of evidence at criminal trials. Any
11 information relevant to any additional aggravating factors or
12 any mitigating factors indicated in subsection (c) may be
13 presented by the State or defendant regardless of its
14 admissibility under the rules governing the admission of
15 evidence at criminal trials. The State and the defendant
16 shall be given fair opportunity to rebut any information
17 received at the hearing.
18 (f) Proof.
19 The burden of proof of establishing the existence of any
20 of the factors set forth in subsection (b) is on the State
21 and shall not be satisfied unless established beyond a
22 reasonable doubt.
23 (g) Procedure - Jury.
24 If at the separate sentencing proceeding the jury finds
25 that none of the factors set forth in subsection (b) exists,
26 the court shall sentence the defendant to a term of
27 imprisonment under Chapter V of the Unified Code of
28 Corrections. If there is a unanimous finding by the jury
29 that one or more of the factors set forth in subsection (b)
30 exist, the jury shall consider aggravating and mitigating
31 factors as instructed by the court and shall determine
32 whether the sentence of death shall be imposed. If the jury
33 determines unanimously that there are no mitigating factors
34 sufficient to preclude the imposition of the death sentence,
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1 the court shall sentence the defendant to death.
2 Unless the jury unanimously finds that there are no
3 mitigating factors sufficient to preclude the imposition of
4 the death sentence the court shall sentence the defendant to
5 a term of imprisonment under Chapter V of the Unified Code of
6 Corrections.
7 (h) Procedure - No Jury.
8 In a proceeding before the court alone, if the court
9 finds that none of the factors found in subsection (b)
10 exists, the court shall sentence the defendant to a term of
11 imprisonment under Chapter V of the Unified Code of
12 Corrections.
13 If the Court determines that one or more of the factors
14 set forth in subsection (b) exists, the Court shall consider
15 any aggravating and mitigating factors as indicated in
16 subsection (c). If the Court determines that there are no
17 mitigating factors sufficient to preclude the imposition of
18 the death sentence, the Court shall sentence the defendant to
19 death.
20 Unless the court finds that there are no mitigating
21 factors sufficient to preclude the imposition of the sentence
22 of death, the court shall sentence the defendant to a term of
23 imprisonment under Chapter V of the Unified Code of
24 Corrections.
25 (i) Appellate Procedure.
26 The conviction and sentence of death shall be subject to
27 automatic review by the Supreme Court. Such review shall be
28 in accordance with rules promulgated by the Supreme Court.
29 (j) Disposition of reversed death sentence.
30 In the event that the death penalty in this Act is held
31 to be unconstitutional by the Supreme Court of the United
32 States or of the State of Illinois, any person convicted of
33 first degree murder shall be sentenced by the court to a term
34 of imprisonment under Chapter V of the Unified Code of
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1 Corrections.
2 In the event that any death sentence pursuant to the
3 sentencing provisions of this Section is declared
4 unconstitutional by the Supreme Court of the United States or
5 of the State of Illinois, the court having jurisdiction over
6 a person previously sentenced to death shall cause the
7 defendant to be brought before the court, and the court shall
8 sentence the defendant to a term of imprisonment under
9 Chapter V of the Unified Code of Corrections.
10 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
11 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
12 1-1-98.)
13 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
14 Sec. 12-4.1. Heinous Battery.
15 (a) A person who, in committing a battery, knowingly
16 causes severe and permanent disability, great bodily harm or
17 disfigurement by means of a caustic or flammable substance, a
18 poisonous or noxious gas other than a non-lethal noxious
19 liquid gas designed solely for personal defense, a deadly
20 biological or chemical contaminant or agent, a radioactive
21 substance, or a bomb or explosive compound commits heinous
22 battery.
23 (b) Sentence. Heinous battery is a Class X felony for
24 which a person shall be sentenced to a term of imprisonment
25 of no less than 12 years and no more than 45 years.
26 (Source: P.A. 88-285.)
27 (720 ILCS 5/12-4.2-5 new)
28 Sec. 12-4.2-5. Aggravated battery with a machine gun or
29 a firearm equipped with any device or attachment designed or
30 used for silencing the report of a firearm.
31 (a) A person commits aggravated battery with a machine
32 gun or a firearm equipped with a device designed or used for
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1 silencing the report of a firearm when he or she, in
2 committing a battery, knowingly or intentionally by means of
3 the discharging of a machine gun or a firearm equipped with a
4 device designed or used for silencing the report of a firearm
5 (1) causes any injury to another person, or (2) causes any
6 injury to a person he or she knows to be a peace officer, a
7 person summoned by a peace officer, a correctional
8 institution employee or a fireman while the officer,
9 employee or fireman is engaged in the execution of any of his
10 or her official duties, or to prevent the officer, employee
11 or fireman from performing his or her official duties, or in
12 retaliation for the officer, employee or fireman performing
13 his or her official duties, or (3) causes any injury to a
14 person he or she knows to be an emergency medical technician
15 - ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance driver,
17 or other medical assistance or first aid personnel, employed
18 by a municipality or other governmental unit, while the
19 emergency medical technician - ambulance, emergency medical
20 technician - intermediate, emergency medical technician -
21 paramedic, ambulance driver, or other medical assistance or
22 first aid personnel is engaged in the execution of any of his
23 or her official duties, or to prevent the emergency medical
24 technician - ambulance, emergency medical technician -
25 intermediate, emergency medical technician - paramedic,
26 ambulance driver, or other medical assistance or first aid
27 personnel from performing his or her official duties, or in
28 retaliation for the emergency medical technician - ambulance,
29 emergency medical technician - intermediate, emergency
30 medical technician - paramedic, ambulance driver, or other
31 medical assistance or first aid personnel performing his or
32 her official duties.
33 (b) A violation of subsection (a) (1) of this Section is
34 a Class X felony for which the person shall be sentenced to a
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1 term of imprisonment of no less than 12 years and no more
2 than 45 years. A violation of subsection (a) (2) or
3 subsection (a) (3) of this Section is a Class X felony for
4 which the sentence shall be a term of imprisonment of no less
5 than 20 years and no more than 60 years.
6 (c) For purposes of this Section, "firearm" is defined
7 as in the Firearm Owners Identification Card Act.
8 (d) For purposes of this Section, "machine gun" has the
9 meaning ascribed to it in clause (i) of paragraph (7) of
10 subsection (a) of Section 24-1 of this Code.
11 (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
12 Sec. 20-2. Possession of explosives or explosive or
13 incendiary devices. (a) A person commits the offense of
14 possession of explosives or explosive or incendiary devices
15 in violation of this Section when he possesses, manufactures
16 or transports any explosive compound, timing or detonating
17 device for use with any explosive compound or incendiary
18 device and either intends to use such explosive or device to
19 commit any offense or knows that another intends to use such
20 explosive or device to commit a felony.
21 (b) Sentence.
22 Possession of explosives or explosive or incendiary
23 devices in violation of this Section is a Class 1 2 felony
24 for which a person, if sentenced to a term of imprisonment,
25 shall be sentenced to not less than 4 years and not more than
26 30 years.
27 (Source: P.A. 84-1308.)
28 (720 ILCS 5/Art. 20.5 heading new)
29 ARTICLE 20.5. DEADLY SUBSTANCES
30 (720 ILCS 5/20.5-5 new)
31 Sec. 20.5-5. Possession of a deadly substance.
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1 (a) A person commits the offense of possession of a
2 deadly substance when he or she possesses, manufactures or
3 transports any poisonous or noxious gas other than a
4 non-lethal noxious liquid gas designed solely for personal
5 defense, deadly biological or chemical contaminant or agent,
6 or radioactive substance either with the intent to use such
7 gas, biological or chemical contaminant or agent, or
8 radioactive substance to commit any offense or with the
9 knowledge that another person intends to use such gas,
10 biological or chemical contaminant or agent, or radioactive
11 substance to commit a felony.
12 (b) Sentence. Possession of a deadly substance is a
13 Class 1 felony for which a person, if sentenced to a term of
14 imprisonment, shall be sentenced to a term of not less than 4
15 years and not more than 30 years.
16 (720 ILCS 5/24-1.2-5 new)
17 Sec. 24-1.2-5. Aggravated discharge of a machine gun or
18 a firearm equipped with a device designed or used for
19 silencing the report of a firearm.
20 (a) A person commits aggravated discharge of a machine
21 gun or a firearm equipped with a device designed or used for
22 silencing the report of a firearm when he or she knowingly or
23 intentionally:
24 (1) Discharges a machine gun or a firearm equipped
25 with a device designed or used for silencing the report
26 of a firearm at or into a building he or she knows to be
27 occupied and the machine gun or the firearm equipped with
28 a device designed or used for silencing the report of a
29 firearm is discharged from a place or position outside
30 that building;
31 (2) Discharges a machine gun or a firearm equipped
32 with a device designed or used for silencing the report
33 of a firearm in the direction of another person or in the
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1 direction of a vehicle he or she knows to be occupied;
2 (3) Discharges a machine gun or a firearm equipped
3 with a device designed or used for silencing the report
4 of a firearm in the direction of a person he or she knows
5 to be a peace officer, a person summoned or directed by a
6 peace officer, a correctional institution employee, or a
7 fireman while the officer, employee or fireman is engaged
8 in the execution of any of his or her official duties, or
9 to prevent the officer, employee or fireman from
10 performing his or her official duties, or in retaliation
11 for the officer, employee or fireman performing his or
12 her official duties;
13 (4) Discharges a machine gun or a firearm equipped
14 with a device designed or used for silencing the report
15 of a firearm in the direction of a vehicle he or she
16 knows to be occupied by a peace officer, a person
17 summoned or directed by a peace officer, a correctional
18 institution employee or a fireman while the officer,
19 employee or fireman is engaged in the execution of any of
20 his or her official duties, or to prevent the officer,
21 employee or fireman from performing his or her official
22 duties, or in retaliation for the officer, employee or
23 fireman performing his or her official duties;
24 (5) Discharges a machine gun or a firearm equipped
25 with a device designed or used for silencing the report
26 of a firearm in the direction of a person he or she knows
27 to be an emergency medical technician - ambulance,
28 emergency medical technician - intermediate, emergency
29 medical technician - paramedic, ambulance driver, or
30 other medical assistance or first aid personnel, employed
31 by a municipality or other governmental unit, while the
32 emergency medical technician - ambulance, emergency
33 medical technician - intermediate, emergency medical
34 technician - paramedic, ambulance driver, or other
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1 medical assistance or first aid personnel is engaged in
2 the execution of any of his or her official duties, or to
3 prevent the emergency medical technician - ambulance,
4 emergency medical technician - intermediate, emergency
5 medical technician - paramedic, ambulance driver, or
6 other medical assistance or first aid personnel from
7 performing his or her official duties, or in retaliation
8 for the emergency medical technician - ambulance,
9 emergency medical technician - intermediate, emergency
10 medical technician - paramedic, ambulance driver, or
11 other medical assistance or first aid personnel
12 performing his or her official duties; or
13 (6) Discharges a machine gun or a firearm equipped
14 with a device designed or used for silencing the report
15 of a firearm in the direction of a vehicle he or she
16 knows to be occupied by an emergency medical technician -
17 ambulance, emergency medical technician - intermediate,
18 emergency medical technician - paramedic, ambulance
19 driver, or other medical assistance or first aid
20 personnel, employed by a municipality or other
21 governmental unit, while the emergency medical technician
22 - ambulance, emergency medical technician - intermediate,
23 emergency medical technician - paramedic, ambulance
24 driver, or other medical assistance or first aid
25 personnel is engaged in the execution of any of his or
26 her official duties, or to prevent the emergency medical
27 technician - ambulance, emergency medical technician -
28 intermediate, emergency medical technician - paramedic,
29 ambulance driver, or other medical assistance or first
30 aid personnel from performing his or her official duties,
31 or in retaliation for the emergency medical technician -
32 ambulance, emergency medical technician - intermediate,
33 emergency medical technician - paramedic, ambulance
34 driver, or other medical assistance or first aid
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1 personnel performing his or her official duties.
2 (b) A violation of subsection (a) (1) or subsection
3 (a) (2) of this Section is a Class X felony. A violation of
4 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
5 Section is a Class X felony for which the sentence shall be a
6 term of imprisonment of no less than 12 years and no more
7 than 50 years.
8 (c) For the purpose of this Section, "machine gun" has
9 the meaning ascribed to it in clause (i) of paragraph (7) of
10 subsection (a) of Section 24-1 of this Code.
11 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
12 Sec. 26-1. Elements of the Offense.
13 (a) A person commits disorderly conduct when he
14 knowingly:
15 (1) Does any act in such unreasonable manner as to
16 alarm or disturb another and to provoke a breach of the
17 peace; or
18 (2) Transmits or causes to be transmitted in any
19 manner to the fire department of any city, town, village
20 or fire protection district a false alarm of fire,
21 knowing at the time of such transmission that there is no
22 reasonable ground for believing that such fire exists; or
23 (3) Transmits or causes to be transmitted in any
24 manner to another a false alarm to the effect that a bomb
25 or other explosive of any nature is concealed in such
26 place that its explosion would endanger human life,
27 knowing at the time of such transmission that there is no
28 reasonable ground for believing that such bomb or
29 explosive is concealed in such place; or
30 (4) Transmits or causes to be transmitted in any
31 manner to any peace officer, public officer or public
32 employee a report to the effect that an offense will be
33 committed, is being committed, or has been committed,
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1 knowing at the time of such transmission that there is no
2 reasonable ground for believing that such an offense will
3 be committed, is being committed, or has been committed;
4 or
5 (5) Enters upon the property of another and for a
6 lewd or unlawful purpose deliberately looks into a
7 dwelling on the property through any window or other
8 opening in it; or
9 (6) While acting as a collection agency as defined
10 in the "Collection Agency Act" or as an employee of such
11 collection agency, and while attempting to collect an
12 alleged debt, makes a telephone call to the alleged
13 debtor which is designed to harass, annoy or intimidate
14 the alleged debtor; or
15 (7) Transmits or causes to be transmitted a false
16 report to the Department of Children and Family Services
17 under Section 4 of the "Abused and Neglected Child
18 Reporting Act"; or
19 (8) Transmits or causes to be transmitted a false
20 report to the Department of Public Health under the
21 Nursing Home Care Act; or
22 (9) Transmits or causes to be transmitted in any
23 manner to the police department or fire department of any
24 municipality or fire protection district, or any
25 privately owned and operated ambulance service, a false
26 request for an ambulance, emergency medical
27 technician-ambulance or emergency medical
28 technician-paramedic knowing at the time there is no
29 reasonable ground for believing that such assistance is
30 required; or
31 (10) Transmits or causes to be transmitted a false
32 report under Article II of "An Act in relation to victims
33 of violence and abuse", approved September 16, 1984, as
34 amended; or
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1 (11) Transmits or causes to be transmitted a false
2 report to any public safety agency without the reasonable
3 grounds necessary to believe that transmitting such a
4 report is necessary for the safety and welfare of the
5 public; or
6 (12) Calls the number "911" for the purpose of
7 making or transmitting a false alarm or complaint and
8 reporting information when, at the time the call or
9 transmission is made, the person knows there is no
10 reasonable ground for making the call or transmission and
11 further knows that the call or transmission could result
12 in the emergency response of any public safety agency.
13 (b) Sentence.
14 (1) A violation of subsection (a) (1) of this Section is
15 a Class C misdemeanor. A violation of subsection (a) (7),
16 (a)(11), or (a)(12) of this Section is a Class A misdemeanor.
17 A violation of subsection (a) (5), (a) (8) or (a) (10) of
18 this Section is a Class B misdemeanor. A violation of
19 subsection (a) (2), (a) (3), (a)(4), or (a)(9) of this
20 Section is a Class 4 felony. A violation of subsection (a)(3)
21 of this Section is a Class 3 felony, for which a fine of not
22 less than $3,000 and no more than $10,000 shall be assessed
23 in addition to any other penalty imposed.
24 A violation of subsection (a) (6) of this Section is a
25 Business Offense and shall be punished by a fine not to
26 exceed $3,000. A second or subsequent violation of subsection
27 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4
28 felony.
29 (c) In addition to any other sentence that may be
30 imposed, a court shall order any person convicted of
31 disorderly conduct to perform community service for not less
32 than 30 and not more than 120 hours, if community service is
33 available in the jurisdiction and is funded and approved by
34 the county board of the county where the offense was
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1 committed. In addition, whenever any person is placed on
2 supervision for an alleged offense under this Section, the
3 supervision shall be conditioned upon the performance of the
4 community service.
5 This subsection does not apply when the court imposes a
6 sentence of incarceration.
7 (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)
8 Section 10. The Unified Code of Corrections is amended
9 by changing Section 3-6-3 as follows:
10 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
11 Sec. 3-6-3. Rules and Regulations for Early Release.
12 (a)(1) The Department of Corrections shall prescribe
13 rules and regulations for the early release on account of
14 good conduct of persons committed to the Department which
15 shall be subject to review by the Prisoner Review Board.
16 (2) The rules and regulations on early release
17 shall provide, with respect to offenses committed on or
18 after the effective date of this amendatory Act of 1995,
19 the following:
20 (i) that a prisoner who is serving a term of
21 imprisonment for first degree murder shall receive
22 no good conduct credit and shall serve the entire
23 sentence imposed by the court;
24 (ii) that a prisoner serving a sentence for
25 attempt to commit first degree murder, solicitation
26 of murder, solicitation of murder for hire,
27 intentional homicide of an unborn child, predatory
28 criminal sexual assault of a child, aggravated
29 criminal sexual assault, criminal sexual assault,
30 aggravated kidnapping, aggravated battery with a
31 firearm, heinous battery, aggravated battery of a
32 senior citizen, or aggravated battery of a child
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1 shall receive no more than 4.5 days of good conduct
2 credit for each month of his or her sentence of
3 imprisonment; and
4 (iii) that a prisoner serving a sentence for
5 home invasion, armed robbery, aggravated vehicular
6 hijacking, aggravated discharge of a firearm, or
7 armed violence with a category I weapon or category
8 II weapon, when the court has made and entered a
9 finding, pursuant to subsection (c-1) of Section
10 5-4-1 of this Code, that the conduct leading to
11 conviction for the enumerated offense resulted in
12 great bodily harm to a victim, shall receive no more
13 than 4.5 days of good conduct credit for each month
14 of his or her sentence of imprisonment.
15 (2.1) For all offenses, other than those enumerated
16 in subdivision (a)(2) committed on or after the effective
17 date of this amendatory Act of 1995, the rules and
18 regulations shall provide that a prisoner who is serving
19 a term of imprisonment shall receive one day of good
20 conduct credit for each day of his or her sentence of
21 imprisonment or recommitment under Section 3-3-9. Each
22 day of good conduct credit shall reduce by one day the
23 prisoner's period of imprisonment or recommitment under
24 Section 3-3-9.
25 (2.2) A prisoner serving a term of natural life
26 imprisonment or a prisoner who has been sentenced to
27 death shall receive no good conduct credit.
28 (2.3) The rules and regulations on early release
29 shall provide with respect to the offenses of aggravated
30 battery with a machine gun or a firearm equipped with any
31 device or attachment designed or used for silencing the
32 report of a firearm or aggravated discharge of a machine
33 gun or a firearm equipped with any device or attachment
34 designed or used for silencing the report of a firearm,
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1 committed on or after the effective date of this
2 amendatory Act of 1998, that a prisoner serving a
3 sentence for any of these offenses shall receive no more
4 than 4.5 days of good conduct credit for each month of
5 his or her sentence of imprisonment.
6 (3) The rules and regulations shall also provide
7 that the Director may award up to 180 days additional
8 good conduct credit for meritorious service in specific
9 instances as the Director deems proper; except that no
10 more than 90 days of good conduct credit for meritorious
11 service shall be awarded to any prisoner who is serving a
12 sentence for conviction of first degree murder, reckless
13 homicide while under the influence of alcohol or any
14 other drug, aggravated kidnapping, kidnapping, predatory
15 criminal sexual assault of a child, aggravated criminal
16 sexual assault, criminal sexual assault, deviate sexual
17 assault, aggravated criminal sexual abuse, aggravated
18 indecent liberties with a child, indecent liberties with
19 a child, child pornography, heinous battery, aggravated
20 battery of a spouse, aggravated battery of a spouse with
21 a firearm, stalking, aggravated stalking, aggravated
22 battery of a child, endangering the life or health of a
23 child, cruelty to a child, or narcotic racketeering.
24 Notwithstanding the foregoing, good conduct credit for
25 meritorious service shall not be awarded on a sentence of
26 imprisonment imposed for conviction of one of the
27 offenses enumerated in subdivision (a)(2) when the
28 offense is committed on or after the effective date of
29 this amendatory Act of 1995 or for conviction of one of
30 the offenses enumerated in subdivision (a)(2.3) when the
31 offense is committed on or after the effective date of
32 this amendatory Act of 1998.
33 (4) The rules and regulations shall also provide
34 that the good conduct credit accumulated and retained
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1 under paragraph (2.1) of subsection (a) of this Section
2 by any inmate during specific periods of time in which
3 such inmate is engaged full-time in substance abuse
4 programs, correctional industry assignments, or
5 educational programs provided by the Department under
6 this paragraph (4) and satisfactorily completes the
7 assigned program as determined by the standards of the
8 Department, shall be multiplied by a factor of 1.25 for
9 program participation before the effective date of this
10 amendatory Act of 1993 and 1.50 for program participation
11 on or after that date. However, no inmate shall be
12 eligible for the additional good conduct credit under
13 this paragraph (4) while assigned to a boot camp, mental
14 health unit, or electronic detention, or if convicted of
15 an offense enumerated in paragraph (a)(2) of this Section
16 that is committed on or after the effective date of this
17 amendatory Act of 1995, or if convicted of an offense
18 enumerated in paragraph (a)(2.3) of this Section that is
19 committed on or after the effective date of this
20 amendatory Act of 1998, or first degree murder, a Class X
21 felony, criminal sexual assault, felony criminal sexual
22 abuse, aggravated criminal sexual abuse, aggravated
23 battery with a firearm, or any predecessor or successor
24 offenses with the same or substantially the same
25 elements, or any inchoate offenses relating to the
26 foregoing offenses. No inmate shall be eligible for the
27 additional good conduct credit under this paragraph (4)
28 who (i) has previously received increased good conduct
29 credit under this paragraph (4) and has subsequently been
30 convicted of a felony, or (ii) has previously served more
31 than one prior sentence of imprisonment for a felony in
32 an adult correctional facility.
33 Educational, vocational, substance abuse and
34 correctional industry programs under which good conduct
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1 credit may be increased under this paragraph (4) shall be
2 evaluated by the Department on the basis of documented
3 standards. The Department shall report the results of
4 these evaluations to the Governor and the General
5 Assembly by September 30th of each year. The reports
6 shall include data relating to the recidivism rate among
7 program participants.
8 Availability of these programs shall be subject to
9 the limits of fiscal resources appropriated by the
10 General Assembly for these purposes. Eligible inmates
11 who are denied immediate admission shall be placed on a
12 waiting list under criteria established by the
13 Department. The inability of any inmate to become engaged
14 in any such programs by reason of insufficient program
15 resources or for any other reason established under the
16 rules and regulations of the Department shall not be
17 deemed a cause of action under which the Department or
18 any employee or agent of the Department shall be liable
19 for damages to the inmate.
20 (5) Whenever the Department is to release any
21 inmate earlier than it otherwise would because of a grant
22 of good conduct credit for meritorious service given at
23 any time during the term, the Department shall give
24 reasonable advance notice of the impending release to the
25 State's Attorney of the county where the prosecution of
26 the inmate took place.
27 (b) Whenever a person is or has been committed under
28 several convictions, with separate sentences, the sentences
29 shall be construed under Section 5-8-4 in granting and
30 forfeiting of good time.
31 (c) The Department shall prescribe rules and regulations
32 for revoking good conduct credit, or suspending or reducing
33 the rate of accumulation of good conduct credit for specific
34 rule violations, during imprisonment. These rules and
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1 regulations shall provide that no inmate may be penalized
2 more than one year of good conduct credit for any one
3 infraction.
4 When the Department seeks to revoke, suspend or reduce
5 the rate of accumulation of any good conduct credits for an
6 alleged infraction of its rules, it shall bring charges
7 therefor against the prisoner sought to be so deprived of
8 good conduct credits before the Prisoner Review Board as
9 provided in subparagraph (a)(4) of Section 3-3-2 of this
10 Code, if the amount of credit at issue exceeds 30 days or
11 when during any 12 month period, the cumulative amount of
12 credit revoked exceeds 30 days except where the infraction is
13 committed or discovered within 60 days of scheduled release.
14 In those cases, the Department of Corrections may revoke up
15 to 30 days of good conduct credit. The Board may subsequently
16 approve the revocation of additional good conduct credit, if
17 the Department seeks to revoke good conduct credit in excess
18 of 30 days. However, the Board shall not be empowered to
19 review the Department's decision with respect to the loss of
20 30 days of good conduct credit within any calendar year for
21 any prisoner or to increase any penalty beyond the length
22 requested by the Department.
23 The Director of the Department of Corrections, in
24 appropriate cases, may restore up to 30 days good conduct
25 credits which have been revoked, suspended or reduced. Any
26 restoration of good conduct credits in excess of 30 days
27 shall be subject to review by the Prisoner Review Board.
28 However, the Board may not restore good conduct credit in
29 excess of the amount requested by the Director.
30 Nothing contained in this Section shall prohibit the
31 Prisoner Review Board from ordering, pursuant to Section
32 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
33 the sentence imposed by the court that was not served due to
34 the accumulation of good conduct credit.
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1 (d) If a lawsuit is filed by a prisoner in an Illinois
2 or federal court against the State, the Department of
3 Corrections, or the Prisoner Review Board, or against any of
4 their officers or employees, and the court makes a specific
5 finding that a pleading, motion, or other paper filed by the
6 prisoner is frivolous, the Department of Corrections shall
7 conduct a hearing to revoke up to 180 days of good conduct
8 credit by bringing charges against the prisoner sought to be
9 deprived of the good conduct credits before the Prisoner
10 Review Board as provided in subparagraph (a)(8) of Section
11 3-3-2 of this Code. If the prisoner has not accumulated 180
12 days of good conduct credit at the time of the finding, then
13 the Prisoner Review Board may revoke all good conduct credit
14 accumulated by the prisoner.
15 For purposes of this subsection (d):
16 (1) "Frivolous" means that a pleading, motion, or
17 other filing which purports to be a legal document filed
18 by a prisoner in his or her lawsuit meets any or all of
19 the following criteria:
20 (A) it lacks an arguable basis either in law
21 or in fact;
22 (B) it is being presented for any improper
23 purpose, such as to harass or to cause unnecessary
24 delay or needless increase in the cost of
25 litigation;
26 (C) the claims, defenses, and other legal
27 contentions therein are not warranted by existing
28 law or by a nonfrivolous argument for the extension,
29 modification, or reversal of existing law or the
30 establishment of new law;
31 (D) the allegations and other factual
32 contentions do not have evidentiary support or, if
33 specifically so identified, are not likely to have
34 evidentiary support after a reasonable opportunity
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1 for further investigation or discovery; or
2 (E) the denials of factual contentions are not
3 warranted on the evidence, or if specifically so
4 identified, are not reasonably based on a lack of
5 information or belief.
6 (2) "Lawsuit" means a petition for post conviction
7 relief under Article 122 of the Code of Criminal
8 Procedure of 1963, a motion pursuant to Section 116-3 of
9 the Code of Criminal Procedure of 1963, a habeas corpus
10 action under Article X of the Code of Civil Procedure or
11 under federal law (28 U.S.C. 2254), a petition for claim
12 under the Court of Claims Act or an action under the
13 federal Civil Rights Act (42 U.S.C. 1983).
14 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
15 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
16 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.