Public Act 096-1200
 
SB3090 EnrolledLRB096 19623 RLC 35019 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-6.2 as follows:
 
    (725 ILCS 5/110-6.2)  (from Ch. 38, par. 110-6.2)
    Sec. 110-6.2. Post-conviction Detention. (a) The court may
shall order that a person who has been found guilty of an
offense and who is waiting imposition or execution of sentence
be held without bond unless the court finds by clear and
convincing evidence that the person is not likely to flee or
pose a danger to any other person or the community if released
under Sections 110-5 and 110-10 of this Act.
    (b) The court may shall order that person who has been
found guilty of an offense and sentenced to a term of
imprisonment shall be held without bond unless the court finds
by clear and convincing evidence that:
    (1) the person is not likely to flee or pose a danger to
the safety of any other person or the community if released on
bond pending appeal; and
    (2) that the appeal is not for purpose of delay and raises
a substantial question of law or fact likely to result in
reversal or an order for a new trial.
(Source: P.A. 86-984.)
 
    (725 ILCS 5/122-8 rep.)
    Section 3. The Code of Criminal Procedure of 1963 is
amended by repealing Section 122-8.
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-5-3, 5-5-3.2, 5-6-4, 5-8-1, 5-8-2,
5-8-4, and 5-9-1.3 as follows:
 
    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
    Sec. 3-6-3. Rules and Regulations for Early Release.
        (a) (1) The Department of Corrections shall prescribe
    rules and regulations for the early release on account of
    good conduct of persons committed to the Department which
    shall be subject to review by the Prisoner Review Board.
        (2) The rules and regulations on early release shall
    provide, with respect to offenses listed in clause (i),
    (ii), or (iii) of this paragraph (2) committed on or after
    June 19, 1998 or with respect to the offense listed in
    clause (iv) of this paragraph (2) committed on or after
    June 23, 2005 (the effective date of Public Act 94-71) or
    with respect to offense listed in clause (vi) committed on
    or after June 1, 2008 (the effective date of Public Act
    95-625) or with respect to the offense of being an armed
    habitual criminal committed on or after August 2, 2005 (the
    effective date of Public Act 94-398) or with respect to the
    offenses listed in clause (v) of this paragraph (2)
    committed on or after August 13, 2007 (the effective date
    of Public Act 95-134), the following:
            (i) that a prisoner who is serving a term of
        imprisonment for first degree murder or for the offense
        of terrorism shall receive no good conduct credit and
        shall serve the entire sentence imposed by the court;
            (ii) that a prisoner serving a sentence for attempt
        to commit first degree murder, solicitation of murder,
        solicitation of murder for hire, intentional homicide
        of an unborn child, predatory criminal sexual assault
        of a child, aggravated criminal sexual assault,
        criminal sexual assault, aggravated kidnapping,
        aggravated battery with a firearm, heinous battery,
        being an armed habitual criminal, aggravated battery
        of a senior citizen, or aggravated battery of a child
        shall receive no more than 4.5 days of good conduct
        credit for each month of his or her sentence of
        imprisonment;
            (iii) that a prisoner serving a sentence for home
        invasion, armed robbery, aggravated vehicular
        hijacking, aggravated discharge of a firearm, or armed
        violence with a category I weapon or category II
        weapon, when the court has made and entered a finding,
        pursuant to subsection (c-1) of Section 5-4-1 of this
        Code, that the conduct leading to conviction for the
        enumerated offense resulted in great bodily harm to a
        victim, shall receive no more than 4.5 days of good
        conduct credit for each month of his or her sentence of
        imprisonment;
            (iv) that a prisoner serving a sentence for
        aggravated discharge of a firearm, whether or not the
        conduct leading to conviction for the offense resulted
        in great bodily harm to the victim, shall receive no
        more than 4.5 days of good conduct credit for each
        month of his or her sentence of imprisonment;
            (v) that a person serving a sentence for
        gunrunning, narcotics racketeering, controlled
        substance trafficking, methamphetamine trafficking,
        drug-induced homicide, aggravated
        methamphetamine-related child endangerment, money
        laundering pursuant to clause (c) (4) or (5) of Section
        29B-1 of the Criminal Code of 1961, or a Class X felony
        conviction for delivery of a controlled substance,
        possession of a controlled substance with intent to
        manufacture or deliver, calculated criminal drug
        conspiracy, criminal drug conspiracy, street gang
        criminal drug conspiracy, participation in
        methamphetamine manufacturing, aggravated
        participation in methamphetamine manufacturing,
        delivery of methamphetamine, possession with intent to
        deliver methamphetamine, aggravated delivery of
        methamphetamine, aggravated possession with intent to
        deliver methamphetamine, methamphetamine conspiracy
        when the substance containing the controlled substance
        or methamphetamine is 100 grams or more shall receive
        no more than 7.5 days good conduct credit for each
        month of his or her sentence of imprisonment; and
            (vi) that a prisoner serving a sentence for a
        second or subsequent offense of luring a minor shall
        receive no more than 4.5 days of good conduct credit
        for each month of his or her sentence of imprisonment.
        (2.1) For all offenses, other than those enumerated in
    subdivision (a)(2)(i), (ii), or (iii) committed on or after
    June 19, 1998 or subdivision (a)(2)(iv) committed on or
    after June 23, 2005 (the effective date of Public Act
    94-71) or subdivision (a)(2)(v) committed on or after
    August 13, 2007 (the effective date of Public Act 95-134)
    or subdivision (a)(2)(vi) committed on or after June 1,
    2008 (the effective date of Public Act 95-625), and other
    than the offense of reckless homicide as defined in
    subsection (e) of Section 9-3 of the Criminal Code of 1961
    committed on or after January 1, 1999, or aggravated
    driving under the influence of alcohol, other drug or
    drugs, or intoxicating compound or compounds, or any
    combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, the rules and regulations shall
    provide that a prisoner who is serving a term of
    imprisonment shall receive one day of good conduct credit
    for each day of his or her sentence of imprisonment or
    recommitment under Section 3-3-9. Each day of good conduct
    credit shall reduce by one day the prisoner's period of
    imprisonment or recommitment under Section 3-3-9.
        (2.2) A prisoner serving a term of natural life
    imprisonment or a prisoner who has been sentenced to death
    shall receive no good conduct credit.
        (2.3) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    reckless homicide as defined in subsection (e) of Section
    9-3 of the Criminal Code of 1961 committed on or after
    January 1, 1999, or aggravated driving under the influence
    of alcohol, other drug or drugs, or intoxicating compound
    or compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, shall receive
    no more than 4.5 days of good conduct credit for each month
    of his or her sentence of imprisonment.
        (2.4) The rules and regulations on early release shall
    provide with respect to the offenses of aggravated battery
    with a machine gun or a firearm equipped with any device or
    attachment designed or used for silencing the report of a
    firearm or aggravated discharge of a machine gun or a
    firearm equipped with any device or attachment designed or
    used for silencing the report of a firearm, committed on or
    after July 15, 1999 (the effective date of Public Act
    91-121), that a prisoner serving a sentence for any of
    these offenses shall receive no more than 4.5 days of good
    conduct credit for each month of his or her sentence of
    imprisonment.
        (2.5) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated arson committed on or after July 27, 2001 (the
    effective date of Public Act 92-176) shall receive no more
    than 4.5 days of good conduct credit for each month of his
    or her sentence of imprisonment.
        (3) The rules and regulations shall also provide that
    the Director may award up to 180 days additional good
    conduct credit for meritorious service in specific
    instances as the Director deems proper; except that no more
    than 90 days of good conduct credit for meritorious service
    shall be awarded to any prisoner who is serving a sentence
    for conviction of first degree murder, reckless homicide
    while under the influence of alcohol or any other drug, or
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
    predatory criminal sexual assault of a child, aggravated
    criminal sexual assault, criminal sexual assault, deviate
    sexual assault, aggravated criminal sexual abuse,
    aggravated indecent liberties with a child, indecent
    liberties with a child, child pornography, heinous
    battery, aggravated battery of a spouse, aggravated
    battery of a spouse with a firearm, stalking, aggravated
    stalking, aggravated battery of a child, endangering the
    life or health of a child, or cruelty to a child.
    Notwithstanding the foregoing, good conduct credit for
    meritorious service shall not be awarded on a sentence of
    imprisonment imposed for conviction of: (i) one of the
    offenses enumerated in subdivision (a)(2)(i), (ii), or
    (iii) when the offense is committed on or after June 19,
    1998 or subdivision (a)(2)(iv) when the offense is
    committed on or after June 23, 2005 (the effective date of
    Public Act 94-71) or subdivision (a)(2)(v) when the offense
    is committed on or after August 13, 2007 (the effective
    date of Public Act 95-134) or subdivision (a)(2)(vi) when
    the offense is committed on or after June 1, 2008 (the
    effective date of Public Act 95-625), (ii) reckless
    homicide as defined in subsection (e) of Section 9-3 of the
    Criminal Code of 1961 when the offense is committed on or
    after January 1, 1999, or aggravated driving under the
    influence of alcohol, other drug or drugs, or intoxicating
    compound or compounds, or any combination thereof as
    defined in subparagraph (F) of paragraph (1) of subsection
    (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
    one of the offenses enumerated in subdivision (a)(2.4) when
    the offense is committed on or after July 15, 1999 (the
    effective date of Public Act 91-121), or (iv) aggravated
    arson when the offense is committed on or after July 27,
    2001 (the effective date of Public Act 92-176).
        The Director shall not award good conduct credit for
    meritorious service under this paragraph (3) to an inmate
    unless the inmate has served a minimum of 60 days of the
    sentence; except nothing in this paragraph shall be
    construed to permit the Director to extend an inmate's
    sentence beyond that which was imposed by the court. Prior
    to awarding credit under this paragraph (3), the Director
    shall make a written determination that the inmate:
            (A) is eligible for good conduct credit for
        meritorious service;
            (B) has served a minimum of 60 days, or as close to
        60 days as the sentence will allow; and
            (C) has met the eligibility criteria established
        by rule.
        The Director shall determine the form and content of
    the written determination required in this subsection.
        (4) The rules and regulations shall also provide that
    the good conduct credit accumulated and retained under
    paragraph (2.1) of subsection (a) of this Section by any
    inmate during specific periods of time in which such inmate
    is engaged full-time in substance abuse programs,
    correctional industry assignments, or educational programs
    provided by the Department under this paragraph (4) and
    satisfactorily completes the assigned program as
    determined by the standards of the Department, shall be
    multiplied by a factor of 1.25 for program participation
    before August 11, 1993 and 1.50 for program participation
    on or after that date. However, no inmate shall be eligible
    for the additional good conduct credit under this paragraph
    (4) or (4.1) of this subsection (a) while assigned to a
    boot camp or electronic detention, or if convicted of an
    offense enumerated in subdivision (a)(2)(i), (ii), or
    (iii) of this Section that is committed on or after June
    19, 1998 or subdivision (a)(2)(iv) of this Section that is
    committed on or after June 23, 2005 (the effective date of
    Public Act 94-71) or subdivision (a)(2)(v) of this Section
    that is committed on or after August 13, 2007 (the
    effective date of Public Act 95-134) or subdivision
    (a)(2)(vi) when the offense is committed on or after June
    1, 2008 (the effective date of Public Act 95-625), or if
    convicted of reckless homicide as defined in subsection (e)
    of Section 9-3 of the Criminal Code of 1961 if the offense
    is committed on or after January 1, 1999, or aggravated
    driving under the influence of alcohol, other drug or
    drugs, or intoxicating compound or compounds, or any
    combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, or if convicted of an offense
    enumerated in paragraph (a)(2.4) of this Section that is
    committed on or after July 15, 1999 (the effective date of
    Public Act 91-121), or first degree murder, a Class X
    felony, criminal sexual assault, felony criminal sexual
    abuse, aggravated criminal sexual abuse, aggravated
    battery with a firearm, or any predecessor or successor
    offenses with the same or substantially the same elements,
    or any inchoate offenses relating to the foregoing
    offenses. No inmate shall be eligible for the additional
    good conduct credit under this paragraph (4) who (i) has
    previously received increased good conduct credit under
    this paragraph (4) and has subsequently been convicted of a
    felony, or (ii) has previously served more than one prior
    sentence of imprisonment for a felony in an adult
    correctional facility.
        Educational, vocational, substance abuse and
    correctional industry programs under which good conduct
    credit may be increased under this paragraph (4) and
    paragraph (4.1) of this subsection (a) shall be evaluated
    by the Department on the basis of documented standards. The
    Department shall report the results of these evaluations to
    the Governor and the General Assembly by September 30th of
    each year. The reports shall include data relating to the
    recidivism rate among program participants.
        Availability of these programs shall be subject to the
    limits of fiscal resources appropriated by the General
    Assembly for these purposes. Eligible inmates who are
    denied immediate admission shall be placed on a waiting
    list under criteria established by the Department. The
    inability of any inmate to become engaged in any such
    programs by reason of insufficient program resources or for
    any other reason established under the rules and
    regulations of the Department shall not be deemed a cause
    of action under which the Department or any employee or
    agent of the Department shall be liable for damages to the
    inmate.
        (4.1) The rules and regulations shall also provide that
    an additional 60 days of good conduct credit shall be
    awarded to any prisoner who passes the high school level
    Test of General Educational Development (GED) while the
    prisoner is incarcerated. The good conduct credit awarded
    under this paragraph (4.1) shall be in addition to, and
    shall not affect, the award of good conduct under any other
    paragraph of this Section, but shall also be pursuant to
    the guidelines and restrictions set forth in paragraph (4)
    of subsection (a) of this Section. The good conduct credit
    provided for in this paragraph shall be available only to
    those prisoners who have not previously earned a high
    school diploma or a GED. If, after an award of the GED good
    conduct credit has been made and the Department determines
    that the prisoner was not eligible, then the award shall be
    revoked.
        (4.5) The rules and regulations on early release shall
    also provide that when the court's sentencing order
    recommends a prisoner for substance abuse treatment and the
    crime was committed on or after September 1, 2003 (the
    effective date of Public Act 93-354), the prisoner shall
    receive no good conduct credit awarded under clause (3) of
    this subsection (a) unless he or she participates in and
    completes a substance abuse treatment program. The
    Director may waive the requirement to participate in or
    complete a substance abuse treatment program and award the
    good conduct credit in specific instances if the prisoner
    is not a good candidate for a substance abuse treatment
    program for medical, programming, or operational reasons.
    Availability of substance abuse treatment shall be subject
    to the limits of fiscal resources appropriated by the
    General Assembly for these purposes. If treatment is not
    available and the requirement to participate and complete
    the treatment has not been waived by the Director, the
    prisoner shall be placed on a waiting list under criteria
    established by the Department. The Director may allow a
    prisoner placed on a waiting list to participate in and
    complete a substance abuse education class or attend
    substance abuse self-help meetings in lieu of a substance
    abuse treatment program. A prisoner on a waiting list who
    is not placed in a substance abuse program prior to release
    may be eligible for a waiver and receive good conduct
    credit under clause (3) of this subsection (a) at the
    discretion of the Director.
        (4.6) The rules and regulations on early release shall
    also provide that a prisoner who has been convicted of a
    sex offense as defined in Section 2 of the Sex Offender
    Registration Act shall receive no good conduct credit
    unless he or she either has successfully completed or is
    participating in sex offender treatment as defined by the
    Sex Offender Management Board. However, prisoners who are
    waiting to receive such treatment, but who are unable to do
    so due solely to the lack of resources on the part of the
    Department, may, at the Director's sole discretion, be
    awarded good conduct credit at such rate as the Director
    shall determine.
        (5) Whenever the Department is to release any inmate
    earlier than it otherwise would because of a grant of good
    conduct credit for meritorious service given at any time
    during the term, the Department shall give reasonable
    notice of the impending release not less than 14 days prior
    to the date of the release to the State's Attorney of the
    county where the prosecution of the inmate took place, and
    if applicable, the State's Attorney of the county into
    which the inmate will be released.
    (b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
    (c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
    When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of
good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
    The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
    Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
    (d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct
credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
    For purposes of this subsection (d):
        (1) "Frivolous" means that a pleading, motion, or other
    filing which purports to be a legal document filed by a
    prisoner in his or her lawsuit meets any or all of the
    following criteria:
            (A) it lacks an arguable basis either in law or in
        fact;
            (B) it is being presented for any improper purpose,
        such as to harass or to cause unnecessary delay or
        needless increase in the cost of litigation;
            (C) the claims, defenses, and other legal
        contentions therein are not warranted by existing law
        or by a nonfrivolous argument for the extension,
        modification, or reversal of existing law or the
        establishment of new law;
            (D) the allegations and other factual contentions
        do not have evidentiary support or, if specifically so
        identified, are not likely to have evidentiary support
        after a reasonable opportunity for further
        investigation or discovery; or
            (E) the denials of factual contentions are not
        warranted on the evidence, or if specifically so
        identified, are not reasonably based on a lack of
        information or belief.
        (2) "Lawsuit" means a motion pursuant to Section 116-3
    of the Code of Criminal Procedure of 1963, a habeas corpus
    action under Article X of the Code of Civil Procedure or
    under federal law (28 U.S.C. 2254), a petition for claim
    under the Court of Claims Act, an action under the federal
    Civil Rights Act (42 U.S.C. 1983), or a second or
    subsequent petition for post-conviction relief under
    Article 122 of the Code of Criminal Procedure of 1963
    whether filed with or without leave of court or a second or
    subsequent petition for relief from judgment under Section
    2-1401 of the Code of Civil Procedure.
    (e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
    (f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-30 of the Criminal Code of 1961, earlier than
it otherwise would because of a grant of good conduct credit,
the Department, as a condition of such early release, shall
require that the person, upon release, be placed under
electronic surveillance as provided in Section 5-8A-7 of this
Code.
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)
 
    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
        (2) A period of probation, a term of periodic
    imprisonment or conditional discharge shall not be imposed
    for the following offenses. The court shall sentence the
    offender to not less than the minimum term of imprisonment
    set forth in this Code for the following offenses, and may
    order a fine or restitution or both in conjunction with
    such term of imprisonment:
            (A) First degree murder where the death penalty is
        not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        Illinois Controlled Substances Act, or a violation of
        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
        of that Act which relates to more than 5 grams of a
        substance containing heroin, cocaine, fentanyl, or an
        analog thereof.
            (E) A violation of Section 5.1 or 9 of the Cannabis
        Control Act.
            (F) A Class 2 or greater felony if the offender had
        been convicted of a Class 2 or greater felony,
        including any state or federal conviction for an
        offense that contained, at the time it was committed,
        the same elements as an offense now (the date of the
        offense committed after the prior Class 2 or greater
        felony) classified as a Class 2 or greater felony,
        within 10 years of the date on which the offender
        committed the offense for which he or she is being
        sentenced, except as otherwise provided in Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act.
            (F-5) A violation of Section 24-1, 24-1.1, or
        24-1.6 of the Criminal Code of 1961 for which
        imprisonment is prescribed in those Sections.
            (G) Residential burglary, except as otherwise
        provided in Section 40-10 of the Alcoholism and Other
        Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen.
            (J) A forcible felony if the offense was related to
        the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        paragraph, "organized gang" means an association of 5
        or more persons, with an established hierarchy, that
        encourages members of the association to perpetrate
        crimes or provides support to the members of the
        association who do commit crimes.
            Beginning July 1, 1994, for the purposes of this
        paragraph, "organized gang" has the meaning ascribed
        to it in Section 10 of the Illinois Streetgang
        Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        offense of hate crime when the underlying offense upon
        which the hate crime is based is felony aggravated
        assault or felony mob action.
            (M) A second or subsequent conviction for the
        offense of institutional vandalism if the damage to the
        property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1) of
        subsection (a) of Section 2 of the Firearm Owners
        Identification Card Act.
            (O) A violation of Section 12-6.1 of the Criminal
        Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        (5), or (7) of subsection (a) of Section 11-20.1 of the
        Criminal Code of 1961.
            (Q) A violation of Section 20-1.2 or 20-1.3 of the
        Criminal Code of 1961.
            (R) A violation of Section 24-3A of the Criminal
        Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of the
        Methamphetamine Control and Community Protection Act.
            (U) A second or subsequent violation of Section
        6-303 of the Illinois Vehicle Code committed while his
        or her driver's license, permit, or privilege was
        revoked because of a violation of Section 9-3 of the
        Criminal Code of 1961, relating to the offense of
        reckless homicide, or a similar provision of a law of
        another state.
            (V) A violation of paragraph (4) of subsection (c)
        of Section 11-20.3 of the Criminal Code of 1961.
            (W) A violation of Section 24-3.5 of the Criminal
        Code of 1961.
            (X) A violation of subsection (a) of Section 31-1a
        of the Criminal Code of 1961.
            (Y) A conviction for unlawful possession of a
        firearm by a street gang member when the firearm was
        loaded or contained firearm ammunition.
            (Z) A Class 1 felony committed while he or she was
        serving a term of probation or conditional discharge
        for a felony.
            (AA) Theft of property exceeding $500,000 and not
        exceeding $1,000,000 in value.
            (BB) Laundering of criminally derived property of
        a value exceeding $500,000.
            (CC) Knowingly selling, offering for sale, holding
        for sale, or using 2,000 or more counterfeit items or
        counterfeit items having a retail value in the
        aggregate of $500,000 or more.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than 10
    consecutive days or 30 days of community service shall be
    imposed for a violation of paragraph (c) of Section 6-303
    of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraphs (4.3) and (4.8)
    of this subsection (c), a minimum of 100 hours of community
    service shall be imposed for a second violation of Section
    6-303 of the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or 300
    hours of community service, as determined by the court,
    shall be imposed for a second violation of subsection (c)
    of Section 6-303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraphs (4.5), (4.6),
    and (4.9) of this subsection (c), a minimum term of
    imprisonment of 30 days or 300 hours of community service,
    as determined by the court, shall be imposed for a third or
    subsequent violation of Section 6-303 of the Illinois
    Vehicle Code.
        (4.5) A minimum term of imprisonment of 30 days shall
    be imposed for a third violation of subsection (c) of
    Section 6-303 of the Illinois Vehicle Code.
        (4.6) Except as provided in paragraph (4.10) of this
    subsection (c), a minimum term of imprisonment of 180 days
    shall be imposed for a fourth or subsequent violation of
    subsection (c) of Section 6-303 of the Illinois Vehicle
    Code.
        (4.7) A minimum term of imprisonment of not less than
    30 consecutive days, or 300 hours of community service,
    shall be imposed for a violation of subsection (a-5) of
    Section 6-303 of the Illinois Vehicle Code, as provided in
    subsection (b-5) of that Section.
        (4.8) A mandatory prison sentence shall be imposed for
    a second violation of subsection (a-5) of Section 6-303 of
    the Illinois Vehicle Code, as provided in subsection (c-5)
    of that Section. The person's driving privileges shall be
    revoked for a period of not less than 5 years from the date
    of his or her release from prison.
        (4.9) A mandatory prison sentence of not less than 4
    and not more than 15 years shall be imposed for a third
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-2.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (4.10) A mandatory prison sentence for a Class 1 felony
    shall be imposed, and the person shall be eligible for an
    extended term sentence, for a fourth or subsequent
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-3.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (5) The court may sentence a corporation or
    unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        5-5-6 of this Code.
        (5.1) In addition to any other penalties imposed, and
    except as provided in paragraph (5.2) or (5.3), a person
    convicted of violating subsection (c) of Section 11-907 of
    the Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 90
    days but not more than one year, if the violation resulted
    in damage to the property of another person.
        (5.2) In addition to any other penalties imposed, and
    except as provided in paragraph (5.3), a person convicted
    of violating subsection (c) of Section 11-907 of the
    Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 180
    days but not more than 2 years, if the violation resulted
    in injury to another person.
        (5.3) In addition to any other penalties imposed, a
    person convicted of violating subsection (c) of Section
    11-907 of the Illinois Vehicle Code shall have his or her
    driver's license, permit, or privileges suspended for 2
    years, if the violation resulted in the death of another
    person.
        (5.4) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for 3 months and until he
    or she has paid a reinstatement fee of $100.
        (5.5) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code during a period in which his or her driver's
    license, permit, or privileges were suspended for a
    previous violation of that Section shall have his or her
    driver's license, permit, or privileges suspended for an
    additional 6 months after the expiration of the original
    3-month suspension and until he or she has paid a
    reinstatement fee of $100.
        (6) (Blank).
        (7) (Blank).
        (8) (Blank).
        (9) A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may be sentenced to
    a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    for a first offense and $2,000 for a second or subsequent
    offense upon a person convicted of or placed on supervision
    for battery when the individual harmed was a sports
    official or coach at any level of competition and the act
    causing harm to the sports official or coach occurred
    within an athletic facility or within the immediate
    vicinity of the athletic facility at which the sports
    official or coach was an active participant of the athletic
    contest held at the athletic facility. For the purposes of
    this paragraph (11), "sports official" means a person at an
    athletic contest who enforces the rules of the contest,
    such as an umpire or referee; "athletic facility" means an
    indoor or outdoor playing field or recreational area where
    sports activities are conducted; and "coach" means a person
    recognized as a coach by the sanctioning authority that
    conducted the sporting event.
        (12) A person may not receive a disposition of court
    supervision for a violation of Section 5-16 of the Boat
    Registration and Safety Act if that person has previously
    received a disposition of court supervision for a violation
    of that Section.
        (13) A person convicted of or placed on court
    supervision for an assault or aggravated assault when the
    victim and the offender are family or household members as
    defined in Section 103 of the Illinois Domestic Violence
    Act of 1986 or convicted of domestic battery or aggravated
    domestic battery may be required to attend a Partner Abuse
    Intervention Program under protocols set forth by the
    Illinois Department of Human Services under such terms and
    conditions imposed by the court. The costs of such classes
    shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 12-16 of the Criminal Code of 1961
results in conviction of a defendant who was a family member of
the victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, the defendant shall undergo
medical testing to determine whether the defendant has any
sexually transmissible disease, including a test for infection
with human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal Code
of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be
taxed as costs against the convicted defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-16.2 of
the Criminal Code of 1961 against the defendant. The court
shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (j) In cases when prosecution for any violation of Section
11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
    (l), whenever a defendant, who is an alien as defined by
    the Immigration and Nationality Act, is convicted of any
    felony or misdemeanor offense, the court after sentencing
    the defendant may, upon motion of the State's Attorney,
    hold sentence in abeyance and remand the defendant to the
    custody of the Attorney General of the United States or his
    or her designated agent to be deported when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    provided in this Chapter V.
        (B) If the defendant has already been sentenced for a
    felony or misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act, the court may, upon motion of the State's
    Attorney to suspend the sentence imposed, commit the
    defendant to the custody of the Attorney General of the
    United States or his or her designated agent when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders who
    are subject to the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
        (D) Upon motion of the State's Attorney, if a defendant
    sentenced under this Section returns to the jurisdiction of
    the United States, the defendant shall be recommitted to
    the custody of the county from which he or she was
    sentenced. Thereafter, the defendant shall be brought
    before the sentencing court, which may impose any sentence
    that was available under Section 5-5-3 at the time of
    initial sentencing. In addition, the defendant shall not be
    eligible for additional good conduct credit for
    meritorious service as provided under Section 3-6-6.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of 1961 (i) to an impact incarceration program if the
person is otherwise eligible for that program under Section
5-8-1.1, (ii) to community service, or (iii) if the person is
an addict or alcoholic, as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, to a substance or alcohol abuse
program licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
eff. 12-3-09.)
 
    (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" means heterosexuality, homosexuality, or
    bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but not limited to, family member as
    defined in Section 12-12 of the Criminal Code of 1961,
    teacher, scout leader, baby sitter, or day care worker, in
    relation to a victim under 18 years of age, and the
    defendant committed an offense in violation of Section
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
    against that victim;
        (15) the defendant committed an offense related to the
    activities of an organized gang. For the purposes of this
    factor, "organized gang" has the meaning ascribed to it in
    Section 10 of the Streetgang Terrorism Omnibus Prevention
    Act;
        (16) the defendant committed an offense in violation of
    one of the following Sections while in a school, regardless
    of the time of day or time of year; on any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity; on
    the real property of a school; or on a public way within
    1,000 feet of the real property comprising any school:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (16.5) the defendant committed an offense in violation
    of one of the following Sections while in a day care
    center, regardless of the time of day or time of year; on
    the real property of a day care center, regardless of the
    time of day or time of year; or on a public way within
    1,000 feet of the real property comprising any day care
    center, regardless of the time of day or time of year:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (17) the defendant committed the offense by reason of
    any person's activity as a community policing volunteer or
    to prevent any person from engaging in activity as a
    community policing volunteer. For the purpose of this
    Section, "community policing volunteer" has the meaning
    ascribed to it in Section 2-3.5 of the Criminal Code of
    1961;
        (18) the defendant committed the offense in a nursing
    home or on the real property comprising a nursing home. For
    the purposes of this paragraph (18), "nursing home" means a
    skilled nursing or intermediate long term care facility
    that is subject to license by the Illinois Department of
    Public Health under the Nursing Home Care Act;
        (19) the defendant was a federally licensed firearm
    dealer and was previously convicted of a violation of
    subsection (a) of Section 3 of the Firearm Owners
    Identification Card Act and has now committed either a
    felony violation of the Firearm Owners Identification Card
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of
    reckless homicide under Section 9-3 of the Criminal Code of
    1961 or the offense of driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds or any combination thereof under Section 11-501
    of the Illinois Vehicle Code or a similar provision of a
    local ordinance and (ii) was operating a motor vehicle in
    excess of 20 miles per hour over the posted speed limit as
    provided in Article VI of Chapter 11 of the Illinois
    Vehicle Code;
        (21) the defendant (i) committed the offense of
    reckless driving or aggravated reckless driving under
    Section 11-503 of the Illinois Vehicle Code and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty;
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person; or
        (24) the defendant committed any offense under Section
    11-20.1 of the Criminal Code of 1961 and possessed 100 or
    more images; or
        (25) the defendant committed the offense while the
    defendant or the victim was in a train, bus, or other
    vehicle used for public transportation; or .
        (26) (25) the defendant committed the offense of child
    pornography or aggravated child pornography, specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.1 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context and specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.3 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context.
    For the purposes of this Section:
    "School" is defined as a public or private elementary or
secondary school, community college, college, or university.
    "Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
    "Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
    (b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
        (1) When a defendant is convicted of any felony, after
    having been previously convicted in Illinois or any other
    jurisdiction of the same or similar class felony or greater
    class felony, when such conviction has occurred within 10
    years after the previous conviction, excluding time spent
    in custody, and such charges are separately brought and
    tried and arise out of different series of acts; or
        (2) When a defendant is convicted of any felony and the
    court finds that the offense was accompanied by
    exceptionally brutal or heinous behavior indicative of
    wanton cruelty; or
        (3) When a defendant is convicted of any felony
    committed against:
            (i) a person under 12 years of age at the time of
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time
        of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        of the offense or such person's property; or
        (4) When a defendant is convicted of any felony and the
    offense involved any of the following types of specific
    misconduct committed as part of a ceremony, rite,
    initiation, observance, performance, practice or activity
    of any actual or ostensible religious, fraternal, or social
    group:
            (i) the brutalizing or torturing of humans or
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        fraternal, business, governmental, educational, or
        other building or property; or
            (v) ritualized abuse of a child; or
        (5) When a defendant is convicted of a felony other
    than conspiracy and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of organizer,
    supervisor, financier, or any other position of management
    or leadership, and the court further finds that the felony
    committed was related to or in furtherance of the criminal
    activities of an organized gang or was motivated by the
    defendant's leadership in an organized gang; or
        (6) When a defendant is convicted of an offense
    committed while using a firearm with a laser sight attached
    to it. For purposes of this paragraph, "laser sight" has
    the meaning ascribed to it in Section 24.6-5 of the
    Criminal Code of 1961; or
        (7) When a defendant who was at least 17 years of age
    at the time of the commission of the offense is convicted
    of a felony and has been previously adjudicated a
    delinquent minor under the Juvenile Court Act of 1987 for
    an act that if committed by an adult would be a Class X or
    Class 1 felony when the conviction has occurred within 10
    years after the previous adjudication, excluding time
    spent in custody; or
        (8) When a defendant commits any felony and the
    defendant used, possessed, exercised control over, or
    otherwise directed an animal to assault a law enforcement
    officer engaged in the execution of his or her official
    duties or in furtherance of the criminal activities of an
    organized gang in which the defendant is engaged.
    (c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
        (1) When a defendant is convicted of first degree
    murder, after having been previously convicted in Illinois
    of any offense listed under paragraph (c)(2) of Section
    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
    within 10 years after the previous conviction, excluding
    time spent in custody, and the charges are separately
    brought and tried and arise out of different series of
    acts.
        (1.5) When a defendant is convicted of first degree
    murder, after having been previously convicted of domestic
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
    (720 ILCS 5/12-3.3) committed on the same victim or after
    having been previously convicted of violation of an order
    of protection (720 ILCS 5/12-30) in which the same victim
    was the protected person.
        (2) When a defendant is convicted of voluntary
    manslaughter, second degree murder, involuntary
    manslaughter, or reckless homicide in which the defendant
    has been convicted of causing the death of more than one
    individual.
        (3) When a defendant is convicted of aggravated
    criminal sexual assault or criminal sexual assault, when
    there is a finding that aggravated criminal sexual assault
    or criminal sexual assault was also committed on the same
    victim by one or more other individuals, and the defendant
    voluntarily participated in the crime with the knowledge of
    the participation of the others in the crime, and the
    commission of the crime was part of a single course of
    conduct during which there was no substantial change in the
    nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time
    of the commission of the offense, when a defendant is
    convicted of aggravated criminal sexual assault or
    predatory criminal sexual assault of a child under
    subsection (a)(1) of Section 12-14.1 of the Criminal Code
    of 1961 (720 ILCS 5/12-14.1).
        (5) When a defendant is convicted of a felony violation
    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1) and there is a finding that the defendant is a
    member of an organized gang.
        (6) When a defendant was convicted of unlawful use of
    weapons under Section 24-1 of the Criminal Code of 1961
    (720 ILCS 5/24-1) for possessing a weapon that is not
    readily distinguishable as one of the weapons enumerated in
    Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1).
        (7) When a defendant is convicted of an offense
    involving the illegal manufacture of a controlled
    substance under Section 401 of the Illinois Controlled
    Substances Act (720 ILCS 570/401), the illegal manufacture
    of methamphetamine under Section 25 of the Methamphetamine
    Control and Community Protection Act (720 ILCS 646/25), or
    the illegal possession of explosives and an emergency
    response officer in the performance of his or her duties is
    killed or injured at the scene of the offense while
    responding to the emergency caused by the commission of the
    offense. In this paragraph, "emergency" means a situation
    in which a person's life, health, or safety is in jeopardy;
    and "emergency response officer" means a peace officer,
    community policing volunteer, fireman, emergency medical
    technician-ambulance, emergency medical
    technician-intermediate, emergency medical
    technician-paramedic, ambulance driver, other medical
    assistance or first aid personnel, or hospital emergency
    room personnel.
    (d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; revised 9-25-09.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" means heterosexuality, homosexuality, or
    bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but not limited to, family member as
    defined in Section 12-12 of the Criminal Code of 1961,
    teacher, scout leader, baby sitter, or day care worker, in
    relation to a victim under 18 years of age, and the
    defendant committed an offense in violation of Section
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
    against that victim;
        (15) the defendant committed an offense related to the
    activities of an organized gang. For the purposes of this
    factor, "organized gang" has the meaning ascribed to it in
    Section 10 of the Streetgang Terrorism Omnibus Prevention
    Act;
        (16) the defendant committed an offense in violation of
    one of the following Sections while in a school, regardless
    of the time of day or time of year; on any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity; on
    the real property of a school; or on a public way within
    1,000 feet of the real property comprising any school:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (16.5) the defendant committed an offense in violation
    of one of the following Sections while in a day care
    center, regardless of the time of day or time of year; on
    the real property of a day care center, regardless of the
    time of day or time of year; or on a public way within
    1,000 feet of the real property comprising any day care
    center, regardless of the time of day or time of year:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (17) the defendant committed the offense by reason of
    any person's activity as a community policing volunteer or
    to prevent any person from engaging in activity as a
    community policing volunteer. For the purpose of this
    Section, "community policing volunteer" has the meaning
    ascribed to it in Section 2-3.5 of the Criminal Code of
    1961;
        (18) the defendant committed the offense in a nursing
    home or on the real property comprising a nursing home. For
    the purposes of this paragraph (18), "nursing home" means a
    skilled nursing or intermediate long term care facility
    that is subject to license by the Illinois Department of
    Public Health under the Nursing Home Care Act or the MR/DD
    Community Care Act;
        (19) the defendant was a federally licensed firearm
    dealer and was previously convicted of a violation of
    subsection (a) of Section 3 of the Firearm Owners
    Identification Card Act and has now committed either a
    felony violation of the Firearm Owners Identification Card
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of
    reckless homicide under Section 9-3 of the Criminal Code of
    1961 or the offense of driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds or any combination thereof under Section 11-501
    of the Illinois Vehicle Code or a similar provision of a
    local ordinance and (ii) was operating a motor vehicle in
    excess of 20 miles per hour over the posted speed limit as
    provided in Article VI of Chapter 11 of the Illinois
    Vehicle Code;
        (21) the defendant (i) committed the offense of
    reckless driving or aggravated reckless driving under
    Section 11-503 of the Illinois Vehicle Code and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty;
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person; or
        (24) the defendant committed any offense under Section
    11-20.1 of the Criminal Code of 1961 and possessed 100 or
    more images; or
        (25) the defendant committed the offense while the
    defendant or the victim was in a train, bus, or other
    vehicle used for public transportation; or .
        (26) (25) the defendant committed the offense of child
    pornography or aggravated child pornography, specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.1 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context and specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.3 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context.
    For the purposes of this Section:
    "School" is defined as a public or private elementary or
secondary school, community college, college, or university.
    "Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
    "Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
    (b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
        (1) When a defendant is convicted of any felony, after
    having been previously convicted in Illinois or any other
    jurisdiction of the same or similar class felony or greater
    class felony, when such conviction has occurred within 10
    years after the previous conviction, excluding time spent
    in custody, and such charges are separately brought and
    tried and arise out of different series of acts; or
        (2) When a defendant is convicted of any felony and the
    court finds that the offense was accompanied by
    exceptionally brutal or heinous behavior indicative of
    wanton cruelty; or
        (3) When a defendant is convicted of any felony
    committed against:
            (i) a person under 12 years of age at the time of
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time
        of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        of the offense or such person's property; or
        (4) When a defendant is convicted of any felony and the
    offense involved any of the following types of specific
    misconduct committed as part of a ceremony, rite,
    initiation, observance, performance, practice or activity
    of any actual or ostensible religious, fraternal, or social
    group:
            (i) the brutalizing or torturing of humans or
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        fraternal, business, governmental, educational, or
        other building or property; or
            (v) ritualized abuse of a child; or
        (5) When a defendant is convicted of a felony other
    than conspiracy and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of organizer,
    supervisor, financier, or any other position of management
    or leadership, and the court further finds that the felony
    committed was related to or in furtherance of the criminal
    activities of an organized gang or was motivated by the
    defendant's leadership in an organized gang; or
        (6) When a defendant is convicted of an offense
    committed while using a firearm with a laser sight attached
    to it. For purposes of this paragraph, "laser sight" has
    the meaning ascribed to it in Section 24.6-5 of the
    Criminal Code of 1961; or
        (7) When a defendant who was at least 17 years of age
    at the time of the commission of the offense is convicted
    of a felony and has been previously adjudicated a
    delinquent minor under the Juvenile Court Act of 1987 for
    an act that if committed by an adult would be a Class X or
    Class 1 felony when the conviction has occurred within 10
    years after the previous adjudication, excluding time
    spent in custody; or
        (8) When a defendant commits any felony and the
    defendant used, possessed, exercised control over, or
    otherwise directed an animal to assault a law enforcement
    officer engaged in the execution of his or her official
    duties or in furtherance of the criminal activities of an
    organized gang in which the defendant is engaged.
    (c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
        (1) When a defendant is convicted of first degree
    murder, after having been previously convicted in Illinois
    of any offense listed under paragraph (c)(2) of Section
    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
    within 10 years after the previous conviction, excluding
    time spent in custody, and the charges are separately
    brought and tried and arise out of different series of
    acts.
        (1.5) When a defendant is convicted of first degree
    murder, after having been previously convicted of domestic
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
    (720 ILCS 5/12-3.3) committed on the same victim or after
    having been previously convicted of violation of an order
    of protection (720 ILCS 5/12-30) in which the same victim
    was the protected person.
        (2) When a defendant is convicted of voluntary
    manslaughter, second degree murder, involuntary
    manslaughter, or reckless homicide in which the defendant
    has been convicted of causing the death of more than one
    individual.
        (3) When a defendant is convicted of aggravated
    criminal sexual assault or criminal sexual assault, when
    there is a finding that aggravated criminal sexual assault
    or criminal sexual assault was also committed on the same
    victim by one or more other individuals, and the defendant
    voluntarily participated in the crime with the knowledge of
    the participation of the others in the crime, and the
    commission of the crime was part of a single course of
    conduct during which there was no substantial change in the
    nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time
    of the commission of the offense, when a defendant is
    convicted of aggravated criminal sexual assault or
    predatory criminal sexual assault of a child under
    subsection (a)(1) of Section 12-14.1 of the Criminal Code
    of 1961 (720 ILCS 5/12-14.1).
        (5) When a defendant is convicted of a felony violation
    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1) and there is a finding that the defendant is a
    member of an organized gang.
        (6) When a defendant was convicted of unlawful use of
    weapons under Section 24-1 of the Criminal Code of 1961
    (720 ILCS 5/24-1) for possessing a weapon that is not
    readily distinguishable as one of the weapons enumerated in
    Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1).
        (7) When a defendant is convicted of an offense
    involving the illegal manufacture of a controlled
    substance under Section 401 of the Illinois Controlled
    Substances Act (720 ILCS 570/401), the illegal manufacture
    of methamphetamine under Section 25 of the Methamphetamine
    Control and Community Protection Act (720 ILCS 646/25), or
    the illegal possession of explosives and an emergency
    response officer in the performance of his or her duties is
    killed or injured at the scene of the offense while
    responding to the emergency caused by the commission of the
    offense. In this paragraph, "emergency" means a situation
    in which a person's life, health, or safety is in jeopardy;
    and "emergency response officer" means a peace officer,
    community policing volunteer, fireman, emergency medical
    technician-ambulance, emergency medical
    technician-intermediate, emergency medical
    technician-paramedic, ambulance driver, other medical
    assistance or first aid personnel, or hospital emergency
    room personnel.
    (d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
 
    (730 ILCS 5/5-6-4)  (from Ch. 38, par. 1005-6-4)
    Sec. 5-6-4. Violation, Modification or Revocation of
Probation, of Conditional Discharge or Supervision or of a
sentence of county impact incarceration - Hearing.
    (a) Except in cases where conditional discharge or
supervision was imposed for a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:
        (1) in the case of probation violations, order the
    issuance of a notice to the offender to be present by the
    County Probation Department or such other agency
    designated by the court to handle probation matters; and in
    the case of conditional discharge or supervision
    violations, such notice to the offender shall be issued by
    the Circuit Court Clerk; and in the case of a violation of
    a sentence of county impact incarceration, such notice
    shall be issued by the Sheriff;
        (2) order a summons to the offender to be present for
    hearing; or
        (3) order a warrant for the offender's arrest where
    there is danger of his fleeing the jurisdiction or causing
    serious harm to others or when the offender fails to answer
    a summons or notice from the clerk of the court or Sheriff.
    Personal service of the petition for violation of probation
or the issuance of such warrant, summons or notice shall toll
the period of probation, conditional discharge, supervision,
or sentence of county impact incarceration until the final
determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county
impact incarceration shall not run until the hearing and
disposition of the petition for violation.
    (b) The court shall conduct a hearing of the alleged
violation. The court shall admit the offender to bail pending
the hearing unless the alleged violation is itself a criminal
offense in which case the offender shall be admitted to bail on
such terms as are provided in the Code of Criminal Procedure of
1963, as amended. In any case where an offender remains
incarcerated only as a result of his alleged violation of the
court's earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall be
held within 14 days of the onset of said incarceration, unless
the alleged violation is the commission of another offense by
the offender during the period of probation, supervision or
conditional discharge in which case such hearing shall be held
within the time limits described in Section 103-5 of the Code
of Criminal Procedure of 1963, as amended.
    (c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
    (d) Probation, conditional discharge, periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes financial obligations upon the offender unless such
failure is due to his willful refusal to pay.
    (e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination of
the period, it may continue him on the existing sentence, with
or without modifying or enlarging the conditions, or may impose
any other sentence that was available under Article 4.5 of
Chapter V of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing. If the court
finds that the person has failed to successfully complete his
or her sentence to a county impact incarceration program, the
court may impose any other sentence that was available under
Article 4.5 of Chapter V of this Code or Section 11-501 of the
Illinois Vehicle Code at the time of initial sentencing, except
for a sentence of probation or conditional discharge. If the
court finds that the offender has violated paragraph (8.6) of
subsection (a) of Section 5-6-3, the court shall revoke the
probation of the offender. If the court finds that the offender
has violated subsection (o) of Section 5-6-3.1, the court shall
revoke the supervision of the offender.
    (f) The conditions of probation, of conditional discharge,
of supervision, or of a sentence of county impact incarceration
may be modified by the court on motion of the supervising
agency or on its own motion or at the request of the offender
after notice and a hearing.
    (g) A judgment revoking supervision, probation,
conditional discharge, or a sentence of county impact
incarceration is a final appealable order.
    (h) Resentencing after revocation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be
credited by the court against a sentence of imprisonment or
periodic imprisonment unless the court orders otherwise. The
amount of credit to be applied against a sentence of
imprisonment or periodic imprisonment when the defendant
served a term or partial term of periodic imprisonment shall be
calculated upon the basis of the actual days spent in
confinement rather than the duration of the term.
    (i) Instead of filing a violation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration, an agent or employee of the supervising agency
with the concurrence of his or her supervisor may serve on the
defendant a Notice of Intermediate Sanctions. The Notice shall
contain the technical violation or violations involved, the
date or dates of the violation or violations, and the
intermediate sanctions to be imposed. Upon receipt of the
Notice, the defendant shall immediately accept or reject the
intermediate sanctions. If the sanctions are accepted, they
shall be imposed immediately. If the intermediate sanctions are
rejected or the defendant does not respond to the Notice, a
violation of probation, conditional discharge, supervision, or
a sentence of county impact incarceration shall be immediately
filed with the court. The State's Attorney and the sentencing
court shall be notified of the Notice of Sanctions. Upon
successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision,
or a sentence of county impact incarceration or impose
additional sanctions for the same violation. A notice of
intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence
of county impact incarceration which could warrant an
additional, separate felony charge. The intermediate sanctions
shall include a term of home detention as provided in Article
8A of Chapter V of this Code for multiple or repeat violations
of the terms and conditions of a sentence of probation,
conditional discharge, or supervision.
    (j) When an offender is re-sentenced after revocation of
probation that was imposed in combination with a sentence of
imprisonment for the same offense, the aggregate of the
sentences may not exceed the maximum term authorized under
Article 4.5 of Chapter V Article 8 of this Chapter.
(Source: P.A. 94-161, eff. 7-11-05; 95-35, eff. 1-1-08;
95-1052, eff. 7-1-09.)
 
    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
    Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
    (a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
        (1) for first degree murder,
            (a) (blank),
            (b) if a trier of fact finds beyond a reasonable
        doubt that the murder was accompanied by exceptionally
        brutal or heinous behavior indicative of wanton
        cruelty or, except as set forth in subsection (a)(1)(c)
        of this Section, that any of the aggravating factors
        listed in subsection (b) of Section 9-1 of the Criminal
        Code of 1961 are present, the court may sentence the
        defendant to a term of natural life imprisonment, or
            (c) the court shall sentence the defendant to a
        term of natural life imprisonment when the death
        penalty is not imposed if the defendant,
                (i) has previously been convicted of first
            degree murder under any state or federal law, or
                (ii) is a person who, at the time of the
            commission of the murder, had attained the age of
            17 or more and is found guilty of murdering an
            individual under 12 years of age; or, irrespective
            of the defendant's age at the time of the
            commission of the offense, is found guilty of
            murdering more than one victim, or
                (iii) is found guilty of murdering a peace
            officer, fireman, or emergency management worker
            when the peace officer, fireman, or emergency
            management worker was killed in the course of
            performing his official duties, or to prevent the
            peace officer or fireman from performing his
            official duties, or in retaliation for the peace
            officer, fireman, or emergency management worker
            from performing his official duties, and the
            defendant knew or should have known that the
            murdered individual was a peace officer, fireman,
            or emergency management worker, or
                (iv) is found guilty of murdering an employee
            of an institution or facility of the Department of
            Corrections, or any similar local correctional
            agency, when the employee was killed in the course
            of performing his official duties, or to prevent
            the employee from performing his official duties,
            or in retaliation for the employee performing his
            official duties, or
                (v) is found guilty of murdering an emergency
            medical technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver or other
            medical assistance or first aid person while
            employed by a municipality or other governmental
            unit when the person was killed in the course of
            performing official duties or to prevent the
            person from performing official duties or in
            retaliation for performing official duties and the
            defendant knew or should have known that the
            murdered individual was an emergency medical
            technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver, or other
            medical assistant or first aid personnel, or
                (vi) is a person who, at the time of the
            commission of the murder, had not attained the age
            of 17, and is found guilty of murdering a person
            under 12 years of age and the murder is committed
            during the course of aggravated criminal sexual
            assault, criminal sexual assault, or aggravated
            kidnaping, or
                (vii) is found guilty of first degree murder
            and the murder was committed by reason of any
            person's activity as a community policing
            volunteer or to prevent any person from engaging in
            activity as a community policing volunteer. For
            the purpose of this Section, "community policing
            volunteer" has the meaning ascribed to it in
            Section 2-3.5 of the Criminal Code of 1961.
            For purposes of clause (v), "emergency medical
        technician - ambulance", "emergency medical technician -
         intermediate", "emergency medical technician -
        paramedic", have the meanings ascribed to them in the
        Emergency Medical Services (EMS) Systems Act.
            (d) (i) if the person committed the offense while
            armed with a firearm, 15 years shall be added to
            the term of imprisonment imposed by the court;
                (ii) if, during the commission of the offense,
            the person personally discharged a firearm, 20
            years shall be added to the term of imprisonment
            imposed by the court;
                (iii) if, during the commission of the
            offense, the person personally discharged a
            firearm that proximately caused great bodily harm,
            permanent disability, permanent disfigurement, or
            death to another person, 25 years or up to a term
            of natural life shall be added to the term of
            imprisonment imposed by the court.
        (2) (blank);
        (2.5) for a person convicted under the circumstances
    described in paragraph (3) of subsection (b) of Section
    12-13, paragraph (2) of subsection (d) of Section 12-14,
    paragraph (1.2) of subsection (b) of Section 12-14.1, or
    paragraph (2) of subsection (b) of Section 12-14.1 of the
    Criminal Code of 1961, the sentence shall be a term of
    natural life imprisonment.
    (b) (Blank.).
    (c) (Blank.).
    (d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be as
follows:
        (1) for first degree murder or a Class X felony except
    for the offenses of predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, and criminal
    sexual assault if committed on or after the effective date
    of this amendatory Act of the 94th General Assembly and
    except for the offense of aggravated child pornography
    under Section 11-20.3 of the Criminal Code of 1961, if
    committed on or after January 1, 2009, 3 years;
        (2) for a Class 1 felony or a Class 2 felony except for
    the offense of criminal sexual assault if committed on or
    after the effective date of this amendatory Act of the 94th
    General Assembly and except for the offenses of manufacture
    and dissemination of child pornography under clauses
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
    of 1961, if committed on or after January 1, 2009, 2 years;
        (3) for a Class 3 felony or a Class 4 felony, 1 year;
        (4) for defendants who commit the offense of predatory
    criminal sexual assault of a child, aggravated criminal
    sexual assault, or criminal sexual assault, on or after the
    effective date of this amendatory Act of the 94th General
    Assembly, or who commit the offense of aggravated child
    pornography, manufacture of child pornography, or
    dissemination of child pornography after January 1, 2009,
    the term of mandatory supervised release shall range from a
    minimum of 3 years to a maximum of the natural life of the
    defendant;
        (5) if the victim is under 18 years of age, for a
    second or subsequent offense of aggravated criminal sexual
    abuse or felony criminal sexual abuse, 4 years, at least
    the first 2 years of which the defendant shall serve in an
    electronic home detention program under Article 8A of
    Chapter V of this Code;
        (6) for a felony domestic battery, aggravated domestic
    battery, stalking, aggravated stalking, and a felony
    violation of an order of protection, 4 years.
    (e) (Blank.).
    (f) (Blank.).
(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
96-282, eff. 1-1-10; revised 9-4-09.)
 
    (730 ILCS 5/5-8-2)  (from Ch. 38, par. 1005-8-2)
    Sec. 5-8-2. Extended Term.
    (a) A judge shall not sentence an offender to a term of
imprisonment in excess of the maximum sentence authorized by
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V
for an offense or offenses within the class of the most serious
offense of which the offender was convicted unless the factors
in aggravation set forth in Section 5-5-3.2 or clause (a)(1)(b)
of Section 5-8-1 were found to be present. If the pre-trial and
trial proceedings were conducted in compliance with subsection
(c-5) of Section 111-3 of the Code of Criminal Procedure of
1963, the judge may sentence an offender to an extended term as
provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art.
4.5).
    (b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(Source: P.A. 95-1052, eff. 7-1-09.)
 
    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
    Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
    (a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
    (b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
    (c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
        (1) If, having regard to the nature and circumstances
    of the offense and the history and character of the
    defendant, it is the opinion of the court that consecutive
    sentences are required to protect the public from further
    criminal conduct by the defendant, the basis for which the
    court shall set forth in the record.
        (2) If one of the offenses for which a defendant was
    convicted was a violation of Section 32-5.2 (aggravated
    false personation of a peace officer) of the Criminal Code
    of 1961 (720 ILCS 5/32-5.2) and the offense was committed
    in attempting or committing a forcible felony.
    (d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
        (1) One of the offenses for which the defendant was
    convicted was first degree murder or a Class X or Class 1
    felony and the defendant inflicted severe bodily injury.
        (2) The defendant was convicted of a violation of
    Section 12-13 (criminal sexual assault), 12-14 (aggravated
    criminal sexual assault), or 12-14.1 (predatory criminal
    sexual assault of a child) of the Criminal Code of 1961
    (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
        (3) The defendant was convicted of armed violence based
    upon the predicate offense of any of the following:
    solicitation of murder, solicitation of murder for hire,
    heinous battery, aggravated battery of a senior citizen,
    criminal sexual assault, a violation of subsection (g) of
    Section 5 of the Cannabis Control Act (720 ILCS 550/5),
    cannabis trafficking, a violation of subsection (a) of
    Section 401 of the Illinois Controlled Substances Act (720
    ILCS 570/401), controlled substance trafficking involving
    a Class X felony amount of controlled substance under
    Section 401 of the Illinois Controlled Substances Act (720
    ILCS 570/401), a violation of the Methamphetamine Control
    and Community Protection Act (720 ILCS 646/), calculated
    criminal drug conspiracy, or streetgang criminal drug
    conspiracy.
        (4) The defendant was convicted of the offense of
    leaving the scene of a motor vehicle accident involving
    death or personal injuries under Section 11-401 of the
    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof under Section 11-501 of the
    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
    homicide under Section 9-3 of the Criminal Code of 1961
    (720 ILCS 5/9-3), or (C) both an offense described in item
    (A) and an offense described in item (B).
        (5) The defendant was convicted of a violation of
    Section 9-3.1 (concealment of homicidal death) or Section
    12-20.5 (dismembering a human body) of the Criminal Code of
    1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or
        (5.5) The (vi) the defendant was convicted of a
    violation of Section 24-3.7 (use of a stolen firearm in the
    commission of an offense) of the Criminal Code of 1961. ,
        (6) If the defendant was in the custody of the
    Department of Corrections at the time of the commission of
    the offense, the sentence shall be served consecutive to
    the sentence under which the defendant is held by the
    Department of Corrections. If, however, the defendant is
    sentenced to punishment by death, the sentence shall be
    executed at such time as the court may fix without regard
    to the sentence under which the defendant may be held by
    the Department.
        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
    for escape or attempted escape shall be served consecutive
    to the terms under which the offender is held by the
    Department of Corrections.
        (8) If a person charged with a felony commits a
    separate felony while on pretrial release or in pretrial
    detention in a county jail facility or county detention
    facility, then the sentences imposed upon conviction of
    these felonies shall be served consecutively regardless of
    the order in which the judgments of conviction are entered.
        (8.5) If a person commits a battery against a county
    correctional officer or sheriff's employee while serving a
    sentence or in pretrial detention in a county jail
    facility, then the sentence imposed upon conviction of the
    battery shall be served consecutively with the sentence
    imposed upon conviction of the earlier misdemeanor or
    felony, regardless of the order in which the judgments of
    conviction are entered.
        (9) If a person admitted to bail following conviction
    of a felony commits a separate felony while free on bond or
    if a person detained in a county jail facility or county
    detention facility following conviction of a felony
    commits a separate felony while in detention, then any
    sentence following conviction of the separate felony shall
    be consecutive to that of the original sentence for which
    the defendant was on bond or detained.
        (10) If a person is found to be in possession of an
    item of contraband, as defined in clause (c)(2) of Section
    31A-1.1 of the Criminal Code of 1961, while serving a
    sentence in a county jail or while in pre-trial detention
    in a county jail, the sentence imposed upon conviction for
    the offense of possessing contraband in a penal institution
    shall be served consecutively to the sentence imposed for
    the offense in which the person is serving sentence in the
    county jail or serving pretrial detention, regardless of
    the order in which the judgments of conviction are entered.
        (11) If a person is sentenced for a violation of bail
    bond under Section 32-10 of the Criminal Code of 1961, any
    sentence imposed for that violation shall be served
    consecutive to the sentence imposed for the charge for
    which bail had been granted and with respect to which the
    defendant has been convicted.
    (e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a term
of imprisonment by a court of another state or a federal court,
then the Illinois sentence shall run consecutively to the
sentence imposed by the court of the other state or the federal
court. That same Illinois court, however, may order that the
Illinois sentence run concurrently with the sentence imposed by
the court of the other state or the federal court, but only if
the defendant applies to that same Illinois court within 30
days after the sentence imposed by the court of the other state
or the federal court is finalized.
    (f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
        (1) For sentences imposed under law in effect prior to
    February 1, 1978, the aggregate maximum of consecutive
    sentences shall not exceed the maximum term authorized
    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
    Chapter V for the 2 most serious felonies involved. The
    aggregate minimum period of consecutive sentences shall
    not exceed the highest minimum term authorized under
    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
    V for the 2 most serious felonies involved. When sentenced
    only for misdemeanors, a defendant shall not be
    consecutively sentenced to more than the maximum for one
    Class A misdemeanor.
        (2) For sentences imposed under the law in effect on or
    after February 1, 1978, the aggregate of consecutive
    sentences for offenses that were committed as part of a
    single course of conduct during which there was no
    substantial change in the nature of the criminal objective
    shall not exceed the sum of the maximum terms authorized
    under Article 4.5 of Chapter V Section 5-8-2 (730 ILCS
    5/5-8-2) for the 2 most serious felonies involved, but no
    such limitation shall apply for offenses that were not
    committed as part of a single course of conduct during
    which there was no substantial change in the nature of the
    criminal objective. When sentenced only for misdemeanors,
    a defendant shall not be consecutively sentenced to more
    than the maximum for one Class A misdemeanor.
    (g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
        (1) The maximum period of a term of imprisonment shall
    consist of the aggregate of the maximums of the imposed
    indeterminate terms, if any, plus the aggregate of the
    imposed determinate sentences for felonies, plus the
    aggregate of the imposed determinate sentences for
    misdemeanors, subject to subsection (f) of this Section.
        (2) The parole or mandatory supervised release term
    shall be as provided in paragraph (e) of Section 5-4.5-50
    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
    involved.
        (3) The minimum period of imprisonment shall be the
    aggregate of the minimum and determinate periods of
    imprisonment imposed by the court, subject to subsection
    (f) of this Section.
        (4) The defendant shall be awarded credit against the
    aggregate maximum term and the aggregate minimum term of
    imprisonment for all time served in an institution since
    the commission of the offense or offenses and as a
    consequence thereof at the rate specified in Section 3-6-3
    (730 ILCS 5/3-6-3).
(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
 
    (730 ILCS 5/5-9-1.3)  (from Ch. 38, par. 1005-9-1.3)
    Sec. 5-9-1.3. Fines for offenses involving theft,
deceptive practices, and offenses against units of local
government or school districts.
    (a) When a person has been adjudged guilty of a felony
under Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, 16-9 or 17-1
of the Criminal Code of 1961, a fine may be levied by the court
in an amount which is the greater of $25,000 or twice the value
of the property which is the subject of the offense.
    (b) When a person has been convicted of a felony under
Section 16-1 of the Criminal Code of 1961 and the theft was
committed upon any unit of local government or school district,
or the person has been convicted of any violation of Sections
33C-1 through 33C-4 or Sections 33E-3 through 33E-18 of the
Criminal Code of 1961, a fine may be levied by the court in an
amount that is the greater of $25,000 or treble the value of
the property which is the subject of the offense or loss to the
unit of local government or school district.
    (c) All fines imposed under subsection (b) of this Section
shall be distributed as follows:
        (1) An amount equal to 30% shall be distributed to the
    unit of local government or school district that was the
    victim of the offense;
        (2) An amount equal to 30% shall be distributed to the
    unit of local government whose officers or employees
    conducted the investigation into the crimes against the
    unit of local government or school district. Amounts
    distributed to units of local government shall be used
    solely for the enforcement of criminal laws protecting
    units of local government or school districts;
        (3) An amount equal to 30% shall be distributed to the
    State's Attorney of the county in which the prosecution
    resulting in the conviction was instituted. The funds shall
    be used solely for the enforcement of criminal laws
    protecting units of local government or school districts;
    and
        (4) An amount equal to 10% shall be distributed to the
    circuit court clerk of the county where the prosecution
    resulting in the conviction was instituted.
    (d) A fine order under subsection (b) of this Section is a
judgment lien in favor of the victim unit of local government
or school district, the State's Attorney of the county where
the violation occurred, the law enforcement agency that
investigated the violation, and the circuit court clerk.
(Source: P.A. 90-800, eff. 1-1-99.)
 
    Section 90. Applicability. This amendatory Act of the 96th
General Assembly shall not be construed to invalidate any
sentence imposed before the effective date of this amendatory
Act of the 96th General Assembly because of the amendatory
changes made by this amendatory Act of the 96th General
Assembly and this amendatory Act shall be applied
prospectively.
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.