99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6193

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 2012. Creates 2 separate offenses of unlawful use or possession of weapons by felons and unlawful use or possession of weapons by persons in the custody of the Department of Corrections facilities. Establishes penalties. Changes the penalties for aggravated unlawful use of a weapon. Provides that a sentence of county impact incarceration is not authorized for aggravated unlawful use of a weapon or for unlawful possession of a firearm by a street gang member. Provides that unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person shall (rather than may) be sentenced to 4 (rather than 3) years and no more than 10 years. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for certain unlawful use or possession of weapons by felons violations shall receive no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment; and that a prisoner serving a sentence for unlawful possession of a firearm by a street gang member; certain violations of unlawful use or possession of weapons by felons; or a Class 2 or greater felony for aggravated unlawful use of a weapon shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment unless the prisoner receives a court order authorizing the Department of Corrections to issue up to a maximum of 180 days of additional sentence credit towards the prisoner's sentence. Amends various other Acts to make conforming changes.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Health Care Worker Background Check Act is

5 amended by changing Section 25 as follows:

6 (225 ILCS 46/25)

7 Sec. 25. Persons ineligible to be hired by health care

8 employers and long-term care facilities.

9 (a) In the discretion of the Director of Public Health, as

10 soon after January 1, 1996, January 1, 1997, January 1, 2006,

11 or October 1, 2007, as applicable, and as is reasonably

12 practical, no health care employer shall knowingly hire,

13 employ, or retain any individual in a position with duties

14 involving direct care for clients, patients, or residents, and

15 no long-term care facility shall knowingly hire, employ, or

16 retain any individual in a position with duties that involve or

17 may involve contact with residents or access to the living

18 quarters or the financial, medical, or personal records of

19 residents, who has been convicted of committing or attempting

20 to commit one or more of the following offenses: those defined

21 in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,

22 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,

23 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,

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1 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,

2 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,

3 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,

4 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,

5 12-33, 12C-5, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1,

6 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,

7 24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of

8 Section 11-14.4, or in subsection (a) of Section 12-3 or

9 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

10 of 1961 or the Criminal Code of 2012; those provided in Section

11 4 of the Wrongs to Children Act; those provided in Section 53

12 of the Criminal Jurisprudence Act; those defined in Section 5,

13 5.1, 5.2, 7, or 9 of the Cannabis Control Act; those defined in

14 the Methamphetamine Control and Community Protection Act; or

15 those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or

16 407.1 of the Illinois Controlled Substances Act, unless the

17 applicant or employee obtains a waiver pursuant to Section 40.

18 (a-1) In the discretion of the Director of Public Health,

19 as soon after January 1, 2004 or October 1, 2007, as

20 applicable, and as is reasonably practical, no health care

21 employer shall knowingly hire any individual in a position with

22 duties involving direct care for clients, patients, or

23 residents, and no long-term care facility shall knowingly hire

24 any individual in a position with duties that involve or may

25 involve contact with residents or access to the living quarters

26 or the financial, medical, or personal records of residents,

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1 who has (i) been convicted of committing or attempting to

2 commit one or more of the offenses defined in Section 12-3.3,

3 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,

4 17-44, 18-5, 20-1.2, 24-1.1, 24-1.1-5, 24-1.2-5, 24-1.6,

5 24-3.2, or 24-3.3, or subsection (b) of Section 17-32,

6 subsection (b) of Section 18-1, or subsection (b) of Section

7 20-1, of the Criminal Code of 1961 or the Criminal Code of

8 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card

9 and Debit Card Act; or Section 11-9.1A of the Criminal Code of

10 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs

11 to Children Act; or (ii) violated Section 50-50 of the Nurse

12 Practice Act, unless the applicant or employee obtains a waiver

13 pursuant to Section 40 of this Act.

14 A health care employer is not required to retain an

15 individual in a position with duties involving direct care for

16 clients, patients, or residents, and no long-term care facility

17 is required to retain an individual in a position with duties

18 that involve or may involve contact with residents or access to

19 the living quarters or the financial, medical, or personal

20 records of residents, who has been convicted of committing or

21 attempting to commit one or more of the offenses enumerated in

22 this subsection.

23 (b) A health care employer shall not hire, employ, or

24 retain any individual in a position with duties involving

25 direct care of clients, patients, or residents, and no

26 long-term care facility shall knowingly hire, employ, or retain

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1 any individual in a position with duties that involve or may

2 involve contact with residents or access to the living quarters

3 or the financial, medical, or personal records of residents, if

4 the health care employer becomes aware that the individual has

5 been convicted in another state of committing or attempting to

6 commit an offense that has the same or similar elements as an

7 offense listed in subsection (a) or (a-1), as verified by court

8 records, records from a state agency, or an FBI criminal

9 history record check, unless the applicant or employee obtains

10 a waiver pursuant to Section 40 of this Act. This shall not be

11 construed to mean that a health care employer has an obligation

12 to conduct a criminal history records check in other states in

13 which an employee has resided.

14 (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section

15 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11;

16 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff.

17 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

18 eff. 1-25-13.)

19 Section 10. The Illinois Vehicle Code is amended by

20 changing Sections 6-106.1 and 6-508 as follows:

21 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)

22 Sec. 6-106.1. School bus driver permit.

23 (a) The Secretary of State shall issue a school bus driver

24 permit to those applicants who have met all the requirements of

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1 the application and screening process under this Section to

2 insure the welfare and safety of children who are transported

3 on school buses throughout the State of Illinois. Applicants

4 shall obtain the proper application required by the Secretary

5 of State from their prospective or current employer and submit

6 the completed application to the prospective or current

7 employer along with the necessary fingerprint submission as

8 required by the Department of State Police to conduct

9 fingerprint based criminal background checks on current and

10 future information available in the state system and current

11 information available through the Federal Bureau of

12 Investigation's system. Applicants who have completed the

13 fingerprinting requirements shall not be subjected to the

14 fingerprinting process when applying for subsequent permits or

15 submitting proof of successful completion of the annual

16 refresher course. Individuals who onJuly 1, 1995 (the

17 effective date of Public Act 88-612) ~~this Act~~possess a valid

18 school bus driver permit that has been previously issued by the

19 appropriate Regional School Superintendent are not subject to

20 the fingerprinting provisions of this Section as long as the

21 permit remains valid and does not lapse. The applicant shall be

22 required to pay all related application and fingerprinting fees

23 as established by rule including, but not limited to, the

24 amounts established by the Department of State Police and the

25 Federal Bureau of Investigation to process fingerprint based

26 criminal background investigations. All fees paid for

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1 fingerprint processing services under this Section shall be

2 deposited into the State Police Services Fund for the cost

3 incurred in processing the fingerprint based criminal

4 background investigations. All other fees paid under this

5 Section shall be deposited into the Road Fund for the purpose

6 of defraying the costs of the Secretary of State in

7 administering this Section. All applicants must:

8 1. be 21 years of age or older;

9 2. possess a valid and properly classified driver's

10 license issued by the Secretary of State;

11 3. possess a valid driver's license, which has not been

12 revoked, suspended, or canceled for 3 years immediately

13 prior to the date of application, or have not had his or

14 her commercial motor vehicle driving privileges

15 disqualified within the 3 years immediately prior to the

16 date of application;

17 4. successfully pass a written test, administered by

18 the Secretary of State, on school bus operation, school bus

19 safety, and special traffic laws relating to school buses

20 and submit to a review of the applicant's driving habits by

21 the Secretary of State at the time the written test is

22 given;

23 5. demonstrate ability to exercise reasonable care in

24 the operation of school buses in accordance with rules

25 promulgated by the Secretary of State;

26 6. demonstrate physical fitness to operate school

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1 buses by submitting the results of a medical examination,

2 including tests for drug use for each applicant not subject

3 to such testing pursuant to federal law, conducted by a

4 licensed physician, a licensed advanced practice nurse, or

5 a licensed physician assistant within 90 days of the date

6 of application according to standards promulgated by the

7 Secretary of State;

8 7. affirm under penalties of perjury that he or she has

9 not made a false statement or knowingly concealed a

10 material fact in any application for permit;

11 8. have completed an initial classroom course,

12 including first aid procedures, in school bus driver safety

13 as promulgated by the Secretary of State; and after

14 satisfactory completion of said initial course an annual

15 refresher course; such courses and the agency or

16 organization conducting such courses shall be approved by

17 the Secretary of State; failure to complete the annual

18 refresher course, shall result in cancellation of the

19 permit until such course is completed;

20 9. not have been under an order of court supervision

21 for or convicted of 2 or more serious traffic offenses, as

22 defined by rule, within one year prior to the date of

23 application that may endanger the life or safety of any of

24 the driver's passengers within the duration of the permit

25 period;

26 10. not have been under an order of court supervision

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1 for or convicted of reckless driving, aggravated reckless

2 driving, driving while under the influence of alcohol,

3 other drug or drugs, intoxicating compound or compounds or

4 any combination thereof, or reckless homicide resulting

5 from the operation of a motor vehicle within 3 years of the

6 date of application;

7 11. not have been convicted of committing or attempting

8 to commit any one or more of the following offenses: (i)

9 those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,

10 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,

11 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,

12 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,

13 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,

14 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,

15 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,

16 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,

17 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

18 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,

19 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,

20 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,

21 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,

22 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,

23 20-1.3, 20-2, 24-1, 24-1.1, 24-1.1-5, 24-1.2, 24-1.2-5,

24 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9,

25 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of

26 Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1),

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1 (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section

2 12-3.05, and in subsection (a) and subsection (b), clause

3 (1), of Section 12-4, and in subsection (A), clauses (a)

4 and (b), of Section 24-3, and those offenses contained in

5 Article 29D of the Criminal Code of 1961 or the Criminal

6 Code of 2012; (ii) those offenses defined in the Cannabis

7 Control Act except those offenses defined in subsections

8 (a) and (b) of Section 4, and subsection (a) of Section 5

9 of the Cannabis Control Act; (iii) those offenses defined

10 in the Illinois Controlled Substances Act; (iv) those

11 offenses defined in the Methamphetamine Control and

12 Community Protection Act; (v) any offense committed or

13 attempted in any other state or against the laws of the

14 United States, which if committed or attempted in this

15 State would be punishable as one or more of the foregoing

16 offenses; (vi) the offenses defined in Section 4.1 and 5.1

17 of the Wrongs to Children Act or Section 11-9.1A of the

18 Criminal Code of 1961 or the Criminal Code of 2012; (vii)

19 those offenses defined in Section 6-16 of the Liquor

20 Control Act of 1934; and (viii) those offenses defined in

21 the Methamphetamine Precursor Control Act;

22 12. not have been repeatedly involved as a driver in

23 motor vehicle collisions or been repeatedly convicted of

24 offenses against laws and ordinances regulating the

25 movement of traffic, to a degree which indicates lack of

26 ability to exercise ordinary and reasonable care in the

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1 safe operation of a motor vehicle or disrespect for the

2 traffic laws and the safety of other persons upon the

3 highway;

4 13. not have, through the unlawful operation of a motor

5 vehicle, caused an accident resulting in the death of any

6 person;

7 14. not have, within the last 5 years, been adjudged to

8 be afflicted with or suffering from any mental disability

9 or disease; and

10 15. consent, in writing, to the release of results of

11 reasonable suspicion drug and alcohol testing under

12 Section 6-106.1c of this Code by the employer of the

13 applicant to the Secretary of State.

14 (b) A school bus driver permit shall be valid for a period

15 specified by the Secretary of State as set forth by rule. It

16 shall be renewable upon compliance with subsection (a) of this

17 Section.

18 (c) A school bus driver permit shall contain the holder's

19 driver's license number, legal name, residence address, zip

20 code, and date of birth, a brief description of the holder and

21 a space for signature. The Secretary of State may require a

22 suitable photograph of the holder.

23 (d) The employer shall be responsible for conducting a

24 pre-employment interview with prospective school bus driver

25 candidates, distributing school bus driver applications and

26 medical forms to be completed by the applicant, and submitting

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1 the applicant's fingerprint cards to the Department of State

2 Police that are required for the criminal background

3 investigations. The employer shall certify in writing to the

4 Secretary of State that all pre-employment conditions have been

5 successfully completed including the successful completion of

6 an Illinois specific criminal background investigation through

7 the Department of State Police and the submission of necessary

8 fingerprints to the Federal Bureau of Investigation for

9 criminal history information available through the Federal

10 Bureau of Investigation system. The applicant shall present the

11 certification to the Secretary of State at the time of

12 submitting the school bus driver permit application.

13 (e) Permits shall initially be provisional upon receiving

14 certification from the employer that all pre-employment

15 conditions have been successfully completed, and upon

16 successful completion of all training and examination

17 requirements for the classification of the vehicle to be

18 operated, the Secretary of State shall provisionally issue a

19 School Bus Driver Permit. The permit shall remain in a

20 provisional status pending the completion of the Federal Bureau

21 of Investigation's criminal background investigation based

22 upon fingerprinting specimens submitted to the Federal Bureau

23 of Investigation by the Department of State Police. The Federal

24 Bureau of Investigation shall report the findings directly to

25 the Secretary of State. The Secretary of State shall remove the

26 bus driver permit from provisional status upon the applicant's

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1 successful completion of the Federal Bureau of Investigation's

2 criminal background investigation.

3 (f) A school bus driver permit holder shall notify the

4 employer and the Secretary of State if he or she is issued an

5 order of court supervision for or convicted in another state of

6 an offense that would make him or her ineligible for a permit

7 under subsection (a) of this Section. The written notification

8 shall be made within 5 days of the entry of the order of court

9 supervision or conviction. Failure of the permit holder to

10 provide the notification is punishable as a petty offense for a

11 first violation and a Class B misdemeanor for a second or

12 subsequent violation.

13 (g) Cancellation; suspension; notice and procedure.

14 (1) The Secretary of State shall cancel a school bus

15 driver permit of an applicant whose criminal background

16 investigation discloses that he or she is not in compliance

17 with the provisions of subsection (a) of this Section.

18 (2) The Secretary of State shall cancel a school bus

19 driver permit when he or she receives notice that the

20 permit holder fails to comply with any provision of this

21 Section or any rule promulgated for the administration of

22 this Section.

23 (3) The Secretary of State shall cancel a school bus

24 driver permit if the permit holder's restricted commercial

25 or commercial driving privileges are withdrawn or

26 otherwise invalidated.

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1 (4) The Secretary of State may not issue a school bus

2 driver permit for a period of 3 years to an applicant who

3 fails to obtain a negative result on a drug test as

4 required in item 6 of subsection (a) of this Section or

5 under federal law.

6 (5) The Secretary of State shall forthwith suspend a

7 school bus driver permit for a period of 3 years upon

8 receiving notice that the holder has failed to obtain a

9 negative result on a drug test as required in item 6 of

10 subsection (a) of this Section or under federal law.

11 (6) The Secretary of State shall suspend a school bus

12 driver permit for a period of 3 years upon receiving notice

13 from the employer that the holder failed to perform the

14 inspection procedure set forth in subsection (a) or (b) of

15 Section 12-816 of this Code.

16 (7) The Secretary of State shall suspend a school bus

17 driver permit for a period of 3 years upon receiving notice

18 from the employer that the holder refused to submit to an

19 alcohol or drug test as required by Section 6-106.1c or has

20 submitted to a test required by that Section which

21 disclosed an alcohol concentration of more than 0.00 or

22 disclosed a positive result on a National Institute on Drug

23 Abuse five-drug panel, utilizing federal standards set

24 forth in 49 CFR 40.87.

25 The Secretary of State shall notify the State

26 Superintendent of Education and the permit holder's

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1 prospective or current employer that the applicant has (1) has

2 failed a criminal background investigation or (2) is no longer

3 eligible for a school bus driver permit; and of the related

4 cancellation of the applicant's provisional school bus driver

5 permit. The cancellation shall remain in effect pending the

6 outcome of a hearing pursuant to Section 2-118 of this Code.

7 The scope of the hearing shall be limited to the issuance

8 criteria contained in subsection (a) of this Section. A

9 petition requesting a hearing shall be submitted to the

10 Secretary of State and shall contain the reason the individual

11 feels he or she is entitled to a school bus driver permit. The

12 permit holder's employer shall notify in writing to the

13 Secretary of State that the employer has certified the removal

14 of the offending school bus driver from service prior to the

15 start of that school bus driver's next workshift. An employing

16 school board that fails to remove the offending school bus

17 driver from service is subject to the penalties defined in

18 Section 3-14.23 of the School Code. A school bus contractor who

19 violates a provision of this Section is subject to the

20 penalties defined in Section 6-106.11.

21 All valid school bus driver permits issued under this

22 Section prior to January 1, 1995, shall remain effective until

23 their expiration date unless otherwise invalidated.

24 (h) When a school bus driver permit holder who is a service

25 member is called to active duty, the employer of the permit

26 holder shall notify the Secretary of State, within 30 days of

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1 notification from the permit holder, that the permit holder has

2 been called to active duty. Upon notification pursuant to this

3 subsection, (i) the Secretary of State shall characterize the

4 permit as inactive until a permit holder renews the permit as

5 provided in subsection (i) of this Section, and (ii) if a

6 permit holder fails to comply with the requirements of this

7 Section while called to active duty, the Secretary of State

8 shall not characterize the permit as invalid.

9 (i) A school bus driver permit holder who is a service

10 member returning from active duty must, within 90 days, renew a

11 permit characterized as inactive pursuant to subsection (h) of

12 this Section by complying with the renewal requirements of

13 subsection (b) of this Section.

14 (j) For purposes of subsections (h) and (i) of this

15 Section:

16 "Active duty" means active duty pursuant to an executive

17 order of the President of the United States, an act of the

18 Congress of the United States, or an order of the Governor.

19 "Service member" means a member of the Armed Services or

20 reserve forces of the United States or a member of the Illinois

21 National Guard.

22 (k) A private carrier employer of a school bus driver

23 permit holder, having satisfied the employer requirements of

24 this Section, shall be held to a standard of ordinary care for

25 intentional acts committed in the course of employment by the

26 bus driver permit holder. This subsection (k) shall in no way

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1 limit the liability of the private carrier employer for

2 violation of any provision of this Section or for the negligent

3 hiring or retention of a school bus driver permit holder.

4 (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;

5 revised 11-2-15.)

6 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)

7 Sec. 6-508. Commercial Driver's License (CDL) -

8 qualification standards.

9 (a) Testing.

10 (1) General. No person shall be issued an original or

11 renewal CDL unless that person is domiciled in this State

12 or is applying for a non-domiciled CDL under Sections 6-509

13 and 6-510 of this Code. The Secretary shall cause to be

14 administered such tests as the Secretary deems necessary to

15 meet the requirements of 49 C.F.R. Part 383, subparts F, G,

16 H, and J.

17 (1.5) Effective July 1, 2014, no person shall be issued

18 an original CDL or an upgraded CDL that requires a skills

19 test unless that person has held a CLP, for a minimum of 14

20 calendar days, for the classification of vehicle and

21 endorsement, if any, for which the person is seeking a CDL.

22 (2) Third party testing. The Secretary of State may

23 authorize a "third party tester", pursuant to 49 C.F.R.

24 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the

25 skills test or tests specified by the Federal Motor Carrier

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1 Safety Administration pursuant to the Commercial Motor

2 Vehicle Safety Act of 1986 and any appropriate federal

3 rule.

4 (b) Waiver of Skills Test. The Secretary of State may waive

5 the skills test specified in this Section for a driver

6 applicant for a commercial driver license who meets the

7 requirements of 49 C.F.R. 383.77. The Secretary of State shall

8 waive the skills tests specified in this Section for a driver

9 applicant who has military commercial motor vehicle

10 experience, subject to the requirements of 49 C.F.R. 383.77.

11 (b-1) No person shall be issued a CDL unless the person

12 certifies to the Secretary one of the following types of

13 driving operations in which he or she will be engaged:

14 (1) non-excepted interstate;

15 (2) non-excepted intrastate;

16 (3) excepted interstate; or

17 (4) excepted intrastate.

18 (b-2) (Blank).

19 (c) Limitations on issuance of a CDL. A CDL shall not be

20 issued to a person while the person is subject to a

21 disqualification from driving a commercial motor vehicle, or

22 unless otherwise permitted by this Code, while the person's

23 driver's license is suspended, revoked or cancelled in any

24 state, or any territory or province of Canada; nor may a CLP or

25 CDL be issued to a person who has a CLP or CDL issued by any

26 other state, or foreign jurisdiction, nor may a CDL be issued

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1 to a person who has an Illinois CLP unless the person first

2 surrenders all of these licenses or permits. However, a person

3 may hold an Illinois CLP and an Illinois CDL providing the CLP

4 is necessary to train or practice for an endorsement or vehicle

5 classification not present on the current CDL. No CDL shall be

6 issued to or renewed for a person who does not meet the

7 requirement of 49 CFR 391.41(b)(11). The requirement may be met

8 with the aid of a hearing aid.

9 (c-1) The Secretary may issue a CDL with a school bus

10 driver endorsement to allow a person to drive the type of bus

11 described in subsection (d-5) of Section 6-104 of this Code.

12 The CDL with a school bus driver endorsement may be issued only

13 to a person meeting the following requirements:

14 (1) the person has submitted his or her fingerprints to

15 the Department of State Police in the form and manner

16 prescribed by the Department of State Police. These

17 fingerprints shall be checked against the fingerprint

18 records now and hereafter filed in the Department of State

19 Police and Federal Bureau of Investigation criminal

20 history records databases;

21 (2) the person has passed a written test, administered

22 by the Secretary of State, on charter bus operation,

23 charter bus safety, and certain special traffic laws

24 relating to school buses determined by the Secretary of

25 State to be relevant to charter buses, and submitted to a

26 review of the driver applicant's driving habits by the

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1 Secretary of State at the time the written test is given;

2 (3) the person has demonstrated physical fitness to

3 operate school buses by submitting the results of a medical

4 examination, including tests for drug use; and

5 (4) the person has not been convicted of committing or

6 attempting to commit any one or more of the following

7 offenses: (i) those offenses defined in Sections 8-1.2,

8 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,

9 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,

10 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,

11 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

12 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,

13 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

14 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,

15 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,

16 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,

17 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,

18 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,

19 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,

20 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,

21 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,

22 24-1.1-5, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1,

23 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and

24 33D-1, and in subsection (b) of Section 8-1, and in

25 subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),

26 (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in

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1 subsection (a) and subsection (b), clause (1), of Section

2 12-4, and in subsection (A), clauses (a) and (b), of

3 Section 24-3, and those offenses contained in Article 29D

4 of the Criminal Code of 1961 or the Criminal Code of 2012;

5 (ii) those offenses defined in the Cannabis Control Act

6 except those offenses defined in subsections (a) and (b) of

7 Section 4, and subsection (a) of Section 5 of the Cannabis

8 Control Act; (iii) those offenses defined in the Illinois

9 Controlled Substances Act; (iv) those offenses defined in

10 the Methamphetamine Control and Community Protection Act;

11 (v) any offense committed or attempted in any other state

12 or against the laws of the United States, which if

13 committed or attempted in this State would be punishable as

14 one or more of the foregoing offenses; (vi) the offenses

15 defined in Sections 4.1 and 5.1 of the Wrongs to Children

16 Act or Section 11-9.1A of the Criminal Code of 1961 or the

17 Criminal Code of 2012; (vii) those offenses defined in

18 Section 6-16 of the Liquor Control Act of 1934; and (viii)

19 those offenses defined in the Methamphetamine Precursor

20 Control Act.

21 The Department of State Police shall charge a fee for

22 conducting the criminal history records check, which shall be

23 deposited into the State Police Services Fund and may not

24 exceed the actual cost of the records check.

25 (c-2) The Secretary shall issue a CDL with a school bus

26 endorsement to allow a person to drive a school bus as defined

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1 in this Section. The CDL shall be issued according to the

2 requirements outlined in 49 C.F.R. 383. A person may not

3 operate a school bus as defined in this Section without a

4 school bus endorsement. The Secretary of State may adopt rules

5 consistent with Federal guidelines to implement this

6 subsection (c-2).

7 (d) (Blank).

8 (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;

9 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.

10 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of

11 P.A. 99-414 for effective date of changes made by 98-176);

12 98-756, eff. 7-16-14.)

13 Section 15. The Clerks of Courts Act is amended by changing

14 Section 27.6 as follows:

15 (705 ILCS 105/27.6)

16 (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,

17 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,

18 98-658, 98-1013, 99-78, and 99-455)

19 Sec. 27.6. (a) All fees, fines, costs, additional

20 penalties, bail balances assessed or forfeited, and any other

21 amount paid by a person to the circuit clerk equalling an

22 amount of $55 or more, except the fine imposed by Section

23 5-9-1.15 of the Unified Code of Corrections, the additional fee

24 required by subsections (b) and (c), restitution under Section

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1 5-5-6 of the Unified Code of Corrections, contributions to a

2 local anti-crime program ordered pursuant to Section

3 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

4 Corrections, reimbursement for the costs of an emergency

5 response as provided under Section 11-501 of the Illinois

6 Vehicle Code, any fees collected for attending a traffic safety

7 program under paragraph (c) of Supreme Court Rule 529, any fee

8 collected on behalf of a State's Attorney under Section 4-2002

9 of the Counties Code or a sheriff under Section 4-5001 of the

10 Counties Code, or any cost imposed under Section 124A-5 of the

11 Code of Criminal Procedure of 1963, for convictions, orders of

12 supervision, or any other disposition for a violation of

13 Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a

14 similar provision of a local ordinance, and any violation of

15 the Child Passenger Protection Act, or a similar provision of a

16 local ordinance, and except as otherwise provided in this

17 Section shall be disbursed within 60 days after receipt by the

18 circuit clerk as follows: 44.5% shall be disbursed to the

19 entity authorized by law to receive the fine imposed in the

20 case; 16.825% shall be disbursed to the State Treasurer; and

21 38.675% shall be disbursed to the county's general corporate

22 fund. Of the 16.825% disbursed to the State Treasurer, 2/17

23 shall be deposited by the State Treasurer into the Violent

24 Crime Victims Assistance Fund, 5.052/17 shall be deposited into

25 the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall

26 be deposited into the Drivers Education Fund, and 6.948/17

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1 shall be deposited into the Trauma Center Fund. Of the 6.948/17

2 deposited into the Trauma Center Fund from the 16.825%

3 disbursed to the State Treasurer, 50% shall be disbursed to the

4 Department of Public Health and 50% shall be disbursed to the

5 Department of Healthcare and Family Services. For fiscal year

6 1993, amounts deposited into the Violent Crime Victims

7 Assistance Fund, the Traffic and Criminal Conviction Surcharge

8 Fund, or the Drivers Education Fund shall not exceed 110% of

9 the amounts deposited into those funds in fiscal year 1991. Any

10 amount that exceeds the 110% limit shall be distributed as

11 follows: 50% shall be disbursed to the county's general

12 corporate fund and 50% shall be disbursed to the entity

13 authorized by law to receive the fine imposed in the case. Not

14 later than March 1 of each year the circuit clerk shall submit

15 a report of the amount of funds remitted to the State Treasurer

16 under this Section during the preceding year based upon

17 independent verification of fines and fees. All counties shall

18 be subject to this Section, except that counties with a

19 population under 2,000,000 may, by ordinance, elect not to be

20 subject to this Section. For offenses subject to this Section,

21 judges shall impose one total sum of money payable for

22 violations. The circuit clerk may add on no additional amounts

23 except for amounts that are required by Sections 27.3a and

24 27.3c of this Act, unless those amounts are specifically waived

25 by the judge. With respect to money collected by the circuit

26 clerk as a result of forfeiture of bail, ex parte judgment or

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1 guilty plea pursuant to Supreme Court Rule 529, the circuit

2 clerk shall first deduct and pay amounts required by Sections

3 27.3a and 27.3c of this Act. This Section is a denial and

4 limitation of home rule powers and functions under subsection

5 (h) of Section 6 of Article VII of the Illinois Constitution.

6 (b) In addition to any other fines and court costs assessed

7 by the courts, any person convicted or receiving an order of

8 supervision for driving under the influence of alcohol or drugs

9 shall pay an additional fee of $100 to the clerk of the circuit

10 court. This amount, less 2 1/2% that shall be used to defray

11 administrative costs incurred by the clerk, shall be remitted

12 by the clerk to the Treasurer within 60 days after receipt for

13 deposit into the Trauma Center Fund. This additional fee of

14 $100 shall not be considered a part of the fine for purposes of

15 any reduction in the fine for time served either before or

16 after sentencing. Not later than March 1 of each year the

17 Circuit Clerk shall submit a report of the amount of funds

18 remitted to the State Treasurer under this subsection during

19 the preceding calendar year.

20 (b-1) In addition to any other fines and court costs

21 assessed by the courts, any person convicted or receiving an

22 order of supervision for driving under the influence of alcohol

23 or drugs shall pay an additional fee of $5 to the clerk of the

24 circuit court. This amount, less 2 1/2% that shall be used to

25 defray administrative costs incurred by the clerk, shall be

26 remitted by the clerk to the Treasurer within 60 days after

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1 receipt for deposit into the Spinal Cord Injury Paralysis Cure

2 Research Trust Fund. This additional fee of $5 shall not be

3 considered a part of the fine for purposes of any reduction in

4 the fine for time served either before or after sentencing. Not

5 later than March 1 of each year the Circuit Clerk shall submit

6 a report of the amount of funds remitted to the State Treasurer

7 under this subsection during the preceding calendar year.

8 (c) In addition to any other fines and court costs assessed

9 by the courts, any person convicted for a violation of Sections

10 24-1.1, 24-1.1-5,24-1.2, or 24-1.5 of the Criminal Code of

11 1961 or the Criminal Code of 2012 or a person sentenced for a

12 violation of the Cannabis Control Act, the Illinois Controlled

13 Substances Act, or the Methamphetamine Control and Community

14 Protection Act shall pay an additional fee of $100 to the clerk

15 of the circuit court. This amount, less 2 1/2% that shall be

16 used to defray administrative costs incurred by the clerk,

17 shall be remitted by the clerk to the Treasurer within 60 days

18 after receipt for deposit into the Trauma Center Fund. This

19 additional fee of $100 shall not be considered a part of the

20 fine for purposes of any reduction in the fine for time served

21 either before or after sentencing. Not later than March 1 of

22 each year the Circuit Clerk shall submit a report of the amount

23 of funds remitted to the State Treasurer under this subsection

24 during the preceding calendar year.

25 (c-1) In addition to any other fines and court costs

26 assessed by the courts, any person sentenced for a violation of

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1 the Cannabis Control Act, the Illinois Controlled Substances

2 Act, or the Methamphetamine Control and Community Protection

3 Act shall pay an additional fee of $5 to the clerk of the

4 circuit court. This amount, less 2 1/2% that shall be used to

5 defray administrative costs incurred by the clerk, shall be

6 remitted by the clerk to the Treasurer within 60 days after

7 receipt for deposit into the Spinal Cord Injury Paralysis Cure

8 Research Trust Fund. This additional fee of $5 shall not be

9 considered a part of the fine for purposes of any reduction in

10 the fine for time served either before or after sentencing. Not

11 later than March 1 of each year the Circuit Clerk shall submit

12 a report of the amount of funds remitted to the State Treasurer

13 under this subsection during the preceding calendar year.

14 (d) The following amounts must be remitted to the State

15 Treasurer for deposit into the Illinois Animal Abuse Fund:

16 (1) 50% of the amounts collected for felony offenses

17 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

18 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for

19 Animals Act and Section 26-5 or 48-1 of the Criminal Code

20 of 1961 or the Criminal Code of 2012;

21 (2) 20% of the amounts collected for Class A and Class

22 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,

23 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

24 for Animals Act and Section 26-5 or 48-1 of the Criminal

25 Code of 1961 or the Criminal Code of 2012; and

26 (3) 50% of the amounts collected for Class C

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1 misdemeanors under Sections 4.01 and 7.1 of the Humane Care

2 for Animals Act and Section 26-5 or 48-1 of the Criminal

3 Code of 1961 or the Criminal Code of 2012.

4 (e) Any person who receives a disposition of court

5 supervision for a violation of the Illinois Vehicle Code or a

6 similar provision of a local ordinance shall, in addition to

7 any other fines, fees, and court costs, pay an additional fee

8 of $29, to be disbursed as provided in Section 16-104c of the

9 Illinois Vehicle Code. In addition to the fee of $29, the

10 person shall also pay a fee of $6, if not waived by the court.

11 If this $6 fee is collected, $5.50 of the fee shall be

12 deposited into the Circuit Court Clerk Operation and

13 Administrative Fund created by the Clerk of the Circuit Court

14 and 50 cents of the fee shall be deposited into the Prisoner

15 Review Board Vehicle and Equipment Fund in the State treasury.

16 (f) This Section does not apply to the additional child

17 pornography fines assessed and collected under Section

18 5-9-1.14 of the Unified Code of Corrections.

19 (g) (Blank).

20 (h) (Blank).

21 (i) Of the amounts collected as fines under subsection (b)

22 of Section 3-712 of the Illinois Vehicle Code, 99% shall be

23 deposited into the Illinois Military Family Relief Fund and 1%

24 shall be deposited into the Circuit Court Clerk Operation and

25 Administrative Fund created by the Clerk of the Circuit Court

26 to be used to offset the costs incurred by the Circuit Court

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1 Clerk in performing the additional duties required to collect

2 and disburse funds to entities of State and local government as

3 provided by law.

4 (j) Any person convicted of, pleading guilty to, or placed

5 on supervision for a serious traffic violation, as defined in

6 Section 1-187.001 of the Illinois Vehicle Code, a violation of

7 Section 11-501 of the Illinois Vehicle Code, or a violation of

8 a similar provision of a local ordinance shall pay an

9 additional fee of $35, to be disbursed as provided in Section

10 16-104d of that Code.

11 This subsection (j) becomes inoperative on January 1, 2020.

12 (k) For any conviction or disposition of court supervision

13 for a violation of Section 11-1429 of the Illinois Vehicle

14 Code, the circuit clerk shall distribute the fines paid by the

15 person as specified by subsection (h) of Section 11-1429 of the

16 Illinois Vehicle Code.

17 (l) Any person who receives a disposition of court

18 supervision for a violation of Section 11-501 of the Illinois

19 Vehicle Code or a similar provision of a local ordinance shall,

20 in addition to any other fines, fees, and court costs, pay an

21 additional fee of $50, which shall be collected by the circuit

22 clerk and then remitted to the State Treasurer for deposit into

23 the Roadside Memorial Fund, a special fund in the State

24 treasury. However, the court may waive the fee if full

25 restitution is complied with. Subject to appropriation, all

26 moneys in the Roadside Memorial Fund shall be used by the

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1 Department of Transportation to pay fees imposed under

2 subsection (f) of Section 20 of the Roadside Memorial Act. The

3 fee shall be remitted by the circuit clerk within one month

4 after receipt to the State Treasurer for deposit into the

5 Roadside Memorial Fund.

6 (m) Of the amounts collected as fines under subsection (c)

7 of Section 411.4 of the Illinois Controlled Substances Act or

8 subsection (c) of Section 90 of the Methamphetamine Control and

9 Community Protection Act, 99% shall be deposited to the law

10 enforcement agency or fund specified and 1% shall be deposited

11 into the Circuit Court Clerk Operation and Administrative Fund

12 to be used to offset the costs incurred by the Circuit Court

13 Clerk in performing the additional duties required to collect

14 and disburse funds to entities of State and local government as

15 provided by law.

16 (n) In addition to any other fines and court costs assessed

17 by the courts, any person who is convicted of or pleads guilty

18 to a violation of the Criminal Code of 1961 or the Criminal

19 Code of 2012, or a similar provision of a local ordinance, or

20 who is convicted of, pleads guilty to, or receives a

21 disposition of court supervision for a violation of the

22 Illinois Vehicle Code, or a similar provision of a local

23 ordinance, shall pay an additional fee of $15 to the clerk of

24 the circuit court. This additional fee of $15 shall not be

25 considered a part of the fine for purposes of any reduction in

26 the fine for time served either before or after sentencing.

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1 This amount, less 2.5% that shall be used to defray

2 administrative costs incurred by the clerk, shall be remitted

3 by the clerk to the State Treasurer within 60 days after

4 receipt for deposit into the State Police Merit Board Public

5 Safety Fund.

6 (o) The amounts collected as fines under Sections 10-9,

7 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall

8 be collected by the circuit clerk and distributed as provided

9 under Section 5-9-1.21 of the Unified Code of Corrections in

10 lieu of any disbursement under subsection (a) of this Section.

11 (p) In addition to any other fees and penalties imposed,

12 any person who is convicted of or pleads guilty to a violation

13 of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012

14 shall pay an additional fee of $250 to the clerk of the circuit

15 court. This additional fee of $250 shall not be considered a

16 part of the fine for purposes of any reduction in the fine for

17 time served either before or after sentencing. This amount,

18 less 2.5% that shall be used to defray administrative costs

19 incurred by the clerk, shall be remitted by the clerk to the

20 Department of Insurance within 60 days after receipt for

21 deposit into the George Bailey Memorial Fund.

22 (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;

23 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.)

24 (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,

25 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,

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1 98-658, 98-1013, 99-78, and 99-455)

2 Sec. 27.6. (a) All fees, fines, costs, additional

3 penalties, bail balances assessed or forfeited, and any other

4 amount paid by a person to the circuit clerk equalling an

5 amount of $55 or more, except the fine imposed by Section

6 5-9-1.15 of the Unified Code of Corrections, the additional fee

7 required by subsections (b) and (c), restitution under Section

8 5-5-6 of the Unified Code of Corrections, contributions to a

9 local anti-crime program ordered pursuant to Section

10 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

11 Corrections, reimbursement for the costs of an emergency

12 response as provided under Section 11-501 of the Illinois

13 Vehicle Code, any fees collected for attending a traffic safety

14 program under paragraph (c) of Supreme Court Rule 529, any fee

15 collected on behalf of a State's Attorney under Section 4-2002

16 of the Counties Code or a sheriff under Section 4-5001 of the

17 Counties Code, or any cost imposed under Section 124A-5 of the

18 Code of Criminal Procedure of 1963, for convictions, orders of

19 supervision, or any other disposition for a violation of

20 Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a

21 similar provision of a local ordinance, and any violation of

22 the Child Passenger Protection Act, or a similar provision of a

23 local ordinance, and except as otherwise provided in this

24 Section shall be disbursed within 60 days after receipt by the

25 circuit clerk as follows: 44.5% shall be disbursed to the

26 entity authorized by law to receive the fine imposed in the

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1 case; 16.825% shall be disbursed to the State Treasurer; and

2 38.675% shall be disbursed to the county's general corporate

3 fund. Of the 16.825% disbursed to the State Treasurer, 2/17

4 shall be deposited by the State Treasurer into the Violent

5 Crime Victims Assistance Fund, 5.052/17 shall be deposited into

6 the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall

7 be deposited into the Drivers Education Fund, and 6.948/17

8 shall be deposited into the Trauma Center Fund. Of the 6.948/17

9 deposited into the Trauma Center Fund from the 16.825%

10 disbursed to the State Treasurer, 50% shall be disbursed to the

11 Department of Public Health and 50% shall be disbursed to the

12 Department of Healthcare and Family Services. For fiscal year

13 1993, amounts deposited into the Violent Crime Victims

14 Assistance Fund, the Traffic and Criminal Conviction Surcharge

15 Fund, or the Drivers Education Fund shall not exceed 110% of

16 the amounts deposited into those funds in fiscal year 1991. Any

17 amount that exceeds the 110% limit shall be distributed as

18 follows: 50% shall be disbursed to the county's general

19 corporate fund and 50% shall be disbursed to the entity

20 authorized by law to receive the fine imposed in the case. Not

21 later than March 1 of each year the circuit clerk shall submit

22 a report of the amount of funds remitted to the State Treasurer

23 under this Section during the preceding year based upon

24 independent verification of fines and fees. All counties shall

25 be subject to this Section, except that counties with a

26 population under 2,000,000 may, by ordinance, elect not to be

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1 subject to this Section. For offenses subject to this Section,

2 judges shall impose one total sum of money payable for

3 violations. The circuit clerk may add on no additional amounts

4 except for amounts that are required by Sections 27.3a and

5 27.3c of this Act, Section 16-104c of the Illinois Vehicle

6 Code, and subsection (a) of Section 5-1101 of the Counties

7 Code, unless those amounts are specifically waived by the

8 judge. With respect to money collected by the circuit clerk as

9 a result of forfeiture of bail, ex parte judgment or guilty

10 plea pursuant to Supreme Court Rule 529, the circuit clerk

11 shall first deduct and pay amounts required by Sections 27.3a

12 and 27.3c of this Act. Unless a court ordered payment schedule

13 is implemented or fee requirements are waived pursuant to court

14 order, the clerk of the court may add to any unpaid fees and

15 costs a delinquency amount equal to 5% of the unpaid fees that

16 remain unpaid after 30 days, 10% of the unpaid fees that remain

17 unpaid after 60 days, and 15% of the unpaid fees that remain

18 unpaid after 90 days. Notice to those parties may be made by

19 signage posting or publication. The additional delinquency

20 amounts collected under this Section shall be deposited in the

21 Circuit Court Clerk Operation and Administrative Fund to be

22 used to defray administrative costs incurred by the circuit

23 clerk in performing the duties required to collect and disburse

24 funds. This Section is a denial and limitation of home rule

25 powers and functions under subsection (h) of Section 6 of

26 Article VII of the Illinois Constitution.

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1 (b) In addition to any other fines and court costs assessed

2 by the courts, any person convicted or receiving an order of

3 supervision for driving under the influence of alcohol or drugs

4 shall pay an additional fee of $100 to the clerk of the circuit

5 court. This amount, less 2 1/2% that shall be used to defray

6 administrative costs incurred by the clerk, shall be remitted

7 by the clerk to the Treasurer within 60 days after receipt for

8 deposit into the Trauma Center Fund. This additional fee of

9 $100 shall not be considered a part of the fine for purposes of

10 any reduction in the fine for time served either before or

11 after sentencing. Not later than March 1 of each year the

12 Circuit Clerk shall submit a report of the amount of funds

13 remitted to the State Treasurer under this subsection during

14 the preceding calendar year.

15 (b-1) In addition to any other fines and court costs

16 assessed by the courts, any person convicted or receiving an

17 order of supervision for driving under the influence of alcohol

18 or drugs shall pay an additional fee of $5 to the clerk of the

19 circuit court. This amount, less 2 1/2% that shall be used to

20 defray administrative costs incurred by the clerk, shall be

21 remitted by the clerk to the Treasurer within 60 days after

22 receipt for deposit into the Spinal Cord Injury Paralysis Cure

23 Research Trust Fund. This additional fee of $5 shall not be

24 considered a part of the fine for purposes of any reduction in

25 the fine for time served either before or after sentencing. Not

26 later than March 1 of each year the Circuit Clerk shall submit

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1 a report of the amount of funds remitted to the State Treasurer

2 under this subsection during the preceding calendar year.

3 (c) In addition to any other fines and court costs assessed

4 by the courts, any person convicted for a violation of Sections

5 24-1.1, 24-1.1-5,24-1.2, or 24-1.5 of the Criminal Code of

6 1961 or the Criminal Code of 2012 or a person sentenced for a

7 violation of the Cannabis Control Act, the Illinois Controlled

8 Substances Act, or the Methamphetamine Control and Community

9 Protection Act shall pay an additional fee of $100 to the clerk

10 of the circuit court. This amount, less 2 1/2% that shall be

11 used to defray administrative costs incurred by the clerk,

12 shall be remitted by the clerk to the Treasurer within 60 days

13 after receipt for deposit into the Trauma Center Fund. This

14 additional fee of $100 shall not be considered a part of the

15 fine for purposes of any reduction in the fine for time served

16 either before or after sentencing. Not later than March 1 of

17 each year the Circuit Clerk shall submit a report of the amount

18 of funds remitted to the State Treasurer under this subsection

19 during the preceding calendar year.

20 (c-1) In addition to any other fines and court costs

21 assessed by the courts, any person sentenced for a violation of

22 the Cannabis Control Act, the Illinois Controlled Substances

23 Act, or the Methamphetamine Control and Community Protection

24 Act shall pay an additional fee of $5 to the clerk of the

25 circuit court. This amount, less 2 1/2% that shall be used to

26 defray administrative costs incurred by the clerk, shall be

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LRB099 17059 RLC 41417 b

1 remitted by the clerk to the Treasurer within 60 days after

2 receipt for deposit into the Spinal Cord Injury Paralysis Cure

3 Research Trust Fund. This additional fee of $5 shall not be

4 considered a part of the fine for purposes of any reduction in

5 the fine for time served either before or after sentencing. Not

6 later than March 1 of each year the Circuit Clerk shall submit

7 a report of the amount of funds remitted to the State Treasurer

8 under this subsection during the preceding calendar year.

9 (d) The following amounts must be remitted to the State

10 Treasurer for deposit into the Illinois Animal Abuse Fund:

11 (1) 50% of the amounts collected for felony offenses

12 under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

13 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for

14 Animals Act and Section 26-5 or 48-1 of the Criminal Code

15 of 1961 or the Criminal Code of 2012;

16 (2) 20% of the amounts collected for Class A and Class

17 B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,

18 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

19 for Animals Act and Section 26-5 or 48-1 of the Criminal

20 Code of 1961 or the Criminal Code of 2012; and

21 (3) 50% of the amounts collected for Class C

22 misdemeanors under Sections 4.01 and 7.1 of the Humane Care

23 for Animals Act and Section 26-5 or 48-1 of the Criminal

24 Code of 1961 or the Criminal Code of 2012.

25 (e) Any person who receives a disposition of court

26 supervision for a violation of the Illinois Vehicle Code or a

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1 similar provision of a local ordinance shall, in addition to

2 any other fines, fees, and court costs, pay an additional fee

3 of $29, to be disbursed as provided in Section 16-104c of the

4 Illinois Vehicle Code. In addition to the fee of $29, the

5 person shall also pay a fee of $6, if not waived by the court.

6 If this $6 fee is collected, $5.50 of the fee shall be

7 deposited into the Circuit Court Clerk Operation and

8 Administrative Fund created by the Clerk of the Circuit Court

9 and 50 cents of the fee shall be deposited into the Prisoner

10 Review Board Vehicle and Equipment Fund in the State treasury.

11 (f) This Section does not apply to the additional child

12 pornography fines assessed and collected under Section

13 5-9-1.14 of the Unified Code of Corrections.

14 (g) Any person convicted of or pleading guilty to a serious

15 traffic violation, as defined in Section 1-187.001 of the

16 Illinois Vehicle Code, shall pay an additional fee of $35, to

17 be disbursed as provided in Section 16-104d of that Code. This

18 subsection (g) becomes inoperative on January 1, 2020.

19 (h) In all counties having a population of 3,000,000 or

20 more inhabitants,

21 (1) A person who is found guilty of or pleads guilty to

22 violating subsection (a) of Section 11-501 of the Illinois

23 Vehicle Code, including any person placed on court

24 supervision for violating subsection (a), shall be fined

25 $750 as provided for by subsection (f) of Section 11-501.01

26 of the Illinois Vehicle Code, payable to the circuit clerk,

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1 who shall distribute the money pursuant to subsection (f)

2 of Section 11-501.01 of the Illinois Vehicle Code.

3 (2) When a crime laboratory DUI analysis fee of $150,

4 provided for by Section 5-9-1.9 of the Unified Code of

5 Corrections is assessed, it shall be disbursed by the

6 circuit clerk as provided by subsection (f) of Section

7 5-9-1.9 of the Unified Code of Corrections.

8 (3) When a fine for a violation of Section 11-605.1 of

9 the Illinois Vehicle Code is $250 or greater, the person

10 who violated that Section shall be charged an additional

11 $125 as provided for by subsection (e) of Section 11-605.1

12 of the Illinois Vehicle Code, which shall be disbursed by

13 the circuit clerk to a State or county Transportation

14 Safety Highway Hire-back Fund as provided by subsection (e)

15 of Section 11-605.1 of the Illinois Vehicle Code.

16 (4) When a fine for a violation of subsection (a) of

17 Section 11-605 of the Illinois Vehicle Code is $150 or

18 greater, the additional $50 which is charged as provided

19 for by subsection (f) of Section 11-605 of the Illinois

20 Vehicle Code shall be disbursed by the circuit clerk to a

21 school district or districts for school safety purposes as

22 provided by subsection (f) of Section 11-605.

23 (5) When a fine for a violation of subsection (a) of

24 Section 11-1002.5 of the Illinois Vehicle Code is $150 or

25 greater, the additional $50 which is charged as provided

26 for by subsection (c) of Section 11-1002.5 of the Illinois

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1 Vehicle Code shall be disbursed by the circuit clerk to a

2 school district or districts for school safety purposes as

3 provided by subsection (c) of Section 11-1002.5 of the

4 Illinois Vehicle Code.

5 (6) When a mandatory drug court fee of up to $5 is

6 assessed as provided in subsection (f) of Section 5-1101 of

7 the Counties Code, it shall be disbursed by the circuit

8 clerk as provided in subsection (f) of Section 5-1101 of

9 the Counties Code.

10 (7) When a mandatory teen court, peer jury, youth

11 court, or other youth diversion program fee is assessed as

12 provided in subsection (e) of Section 5-1101 of the

13 Counties Code, it shall be disbursed by the circuit clerk

14 as provided in subsection (e) of Section 5-1101 of the

15 Counties Code.

16 (8) When a Children's Advocacy Center fee is assessed

17 pursuant to subsection (f-5) of Section 5-1101 of the

18 Counties Code, it shall be disbursed by the circuit clerk

19 as provided in subsection (f-5) of Section 5-1101 of the

20 Counties Code.

21 (9) When a victim impact panel fee is assessed pursuant

22 to subsection (b) of Section 11-501.01 of the Vehicle Code,

23 it shall be disbursed by the circuit clerk to the victim

24 impact panel to be attended by the defendant.

25 (10) When a new fee collected in traffic cases is

26 enacted after the effective date of this subsection (h), it

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1 shall be excluded from the percentage disbursement

2 provisions of this Section unless otherwise indicated by

3 law.

4 (i) Of the amounts collected as fines under subsection (b)

5 of Section 3-712 of the Illinois Vehicle Code, 99% shall be

6 deposited into the Illinois Military Family Relief Fund and 1%

7 shall be deposited into the Circuit Court Clerk Operation and

8 Administrative Fund created by the Clerk of the Circuit Court

9 to be used to offset the costs incurred by the Circuit Court

10 Clerk in performing the additional duties required to collect

11 and disburse funds to entities of State and local government as

12 provided by law.

13 (j) (Blank).

14 (k) For any conviction or disposition of court supervision

15 for a violation of Section 11-1429 of the Illinois Vehicle

16 Code, the circuit clerk shall distribute the fines paid by the

17 person as specified by subsection (h) of Section 11-1429 of the

18 Illinois Vehicle Code.

19 (l) Any person who receives a disposition of court

20 supervision for a violation of Section 11-501 of the Illinois

21 Vehicle Code or a similar provision of a local ordinance shall,

22 in addition to any other fines, fees, and court costs, pay an

23 additional fee of $50, which shall be collected by the circuit

24 clerk and then remitted to the State Treasurer for deposit into

25 the Roadside Memorial Fund, a special fund in the State

26 treasury. However, the court may waive the fee if full

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1 restitution is complied with. Subject to appropriation, all

2 moneys in the Roadside Memorial Fund shall be used by the

3 Department of Transportation to pay fees imposed under

4 subsection (f) of Section 20 of the Roadside Memorial Act. The

5 fee shall be remitted by the circuit clerk within one month

6 after receipt to the State Treasurer for deposit into the

7 Roadside Memorial Fund.

8 (m) Of the amounts collected as fines under subsection (c)

9 of Section 411.4 of the Illinois Controlled Substances Act or

10 subsection (c) of Section 90 of the Methamphetamine Control and

11 Community Protection Act, 99% shall be deposited to the law

12 enforcement agency or fund specified and 1% shall be deposited

13 into the Circuit Court Clerk Operation and Administrative Fund

14 to be used to offset the costs incurred by the Circuit Court

15 Clerk in performing the additional duties required to collect

16 and disburse funds to entities of State and local government as

17 provided by law.

18 (n) In addition to any other fines and court costs assessed

19 by the courts, any person who is convicted of or pleads guilty

20 to a violation of the Criminal Code of 1961 or the Criminal

21 Code of 2012, or a similar provision of a local ordinance, or

22 who is convicted of, pleads guilty to, or receives a

23 disposition of court supervision for a violation of the

24 Illinois Vehicle Code, or a similar provision of a local

25 ordinance, shall pay an additional fee of $15 to the clerk of

26 the circuit court. This additional fee of $15 shall not be

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1 considered a part of the fine for purposes of any reduction in

2 the fine for time served either before or after sentencing.

3 This amount, less 2.5% that shall be used to defray

4 administrative costs incurred by the clerk, shall be remitted

5 by the clerk to the State Treasurer within 60 days after

6 receipt for deposit into the State Police Merit Board Public

7 Safety Fund.

8 (o) The amounts collected as fines under Sections 10-9,

9 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall

10 be collected by the circuit clerk and distributed as provided

11 under Section 5-9-1.21 of the Unified Code of Corrections in

12 lieu of any disbursement under subsection (a) of this Section.

13 (p) In addition to any other fees and penalties imposed,

14 any person who is convicted of or pleads guilty to a violation

15 of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012

16 shall pay an additional fee of $250 to the clerk of the circuit

17 court. This additional fee of $250 shall not be considered a

18 part of the fine for purposes of any reduction in the fine for

19 time served either before or after sentencing. This amount,

20 less 2.5% that shall be used to defray administrative costs

21 incurred by the clerk, shall be remitted by the clerk to the

22 Department of Insurance within 60 days after receipt for

23 deposit into the George Bailey Memorial Fund.

24 (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;

25 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.)

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1 Section 20. The Criminal Code of 2012 is amended by

2 changing Sections 24-1.1, 24-1.6, and 24-1.8 and by adding

3 Section 24-1.1-5 as follows:

4 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

5 Sec. 24-1.1. Unlawful use or possession of weapons by

6 felons ~~Use or Possession of Weapons by Felons or Persons in the~~

7 ~~Custody of the Department of Corrections Facilities~~.

8 (a) It is unlawful for a person to knowingly possess on or

9 about his person or on his land or in his own abode or fixed

10 place of business any weapon prohibited under Section 24-1 of

11 this Act or any firearm or any firearm ammunition if the person

12 has been convicted of a felony under the laws of this State or

13 any other jurisdiction. This Section shall not apply if the

14 person has been granted relief by the Director of the

15 Department of State Police under Section 10 of the Firearm

16 Owners Identification Card Act.

17 (b) (Blank). ~~It is unlawful for any person confined in a~~

18 ~~penal institution, which is a facility of the Illinois~~

19 ~~Department of Corrections, to possess any weapon prohibited~~

20 ~~under Section 24-1 of this Code or any firearm or firearm~~

21 ~~ammunition, regardless of the intent with which he possesses~~

22 ~~it.~~

23 (c) (Blank). ~~It shall be an affirmative defense to a~~

24 ~~violation of subsection (b), that such possession was~~

25 ~~specifically authorized by rule, regulation, or directive of~~

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1 ~~the Illinois Department of Corrections or order issued pursuant~~

2 ~~thereto.~~

3 (d) (Blank). ~~The defense of necessity is not available to a~~

4 ~~person who is charged with a violation of subsection (b) of~~

5 ~~this Section.~~

6 (e) Sentence.

7 (1) Violation of this Section is ~~by a person not~~

8 ~~confined in a penal institution shall be~~a Class 3 felony

9 for which the person shall be sentenced to no less than 3 ~~2~~

10 years and no more than 10 years~~and any second or~~

11 ~~subsequent violation shall be a Class 2 felony for which~~

12 ~~the person shall be sentenced to a term of imprisonment of~~

13 ~~not less than 3 years and not more than 14 years~~.

14 (2) Violation of this Section is a Class 2 felony for

15 which the person shall be sentenced to not less than 3

16 years and not more than 14 years if the conviction was

17 entered less than 10 years prior to the commission of the

18 instant offense, excluding any time the defendant was in

19 custody, on probation, conditional discharge, or mandatory

20 supervised release.

21 (3) Violation of this Section by a person ~~not confined~~

22 ~~in a penal institution~~ who has been convicted of a second

23 or subsequent offense under this Section, a forcible

24 felony, a felony violation of Article 24 of this Code or of

25 the Firearm Owners Identification Card Act, stalking or

26 aggravated stalking, or a Class 2 or greater felony under

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1 the Illinois Controlled Substances Act, the Cannabis

2 Control Act, or the Methamphetamine Control and Community

3 Protection Act is a Class 2 felony for which the person

4 shall be sentenced to not less than 4 ~~3~~ years and not more

5 than 14 years.

6 (4) Violation of this Section by a person who is on

7 parole or mandatory supervised release is a Class 2 felony

8 for which the person shall be sentenced to not less than 4

9 ~~3~~years and not more than 14 years.

10 (5) Violation of this Section ~~by a person not confined~~

11 ~~in a penal institution~~ is a Class X felony when the firearm

12 possessed is a machine gun.~~Any person who violates this~~

13 ~~Section while confined in a penal institution, which is a~~

14 ~~facility of the Illinois Department of Corrections, is~~

15 ~~guilty of a Class 1 felony, if he possesses any weapon~~

16 ~~prohibited under Section 24-1 of this Code regardless of~~

17 ~~the intent with which he possesses it, a Class X felony if~~

18 ~~he possesses any firearm, firearm ammunition or explosive,~~

19 ~~and a Class X felony for which the offender shall be~~

20 ~~sentenced to not less than 12 years and not more than 50~~

21 ~~years when the firearm possessed is a machine gun.~~

22 (6) A violation of this Section while wearing or in

23 possession of body armor as defined in Section 33F-1 is a

24 Class X felony punishable by a term of imprisonment of not

25 less than 10 years and not more than 40 years.

26 (7) A sentence of county impact incarceration under

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1 Section 5-8-1.2 of the Unified Code of Corrections is not

2 authorized for a violation of this Section.

3 (8) The possession of each firearm or firearm

4 ammunition in violation of this Section constitutes a

5 single and separate violation.

6 (Source: P.A. 97-237, eff. 1-1-12.)

7 (720 ILCS 5/24-1.1-5 new)

8 Sec. 24-1.1-5. Unlawful use or possession of weapons by

9 persons in the custody of the Department of Corrections

10 facilities.

11 (a) It is unlawful for any person confined in a penal

12 institution, which is a facility of the Illinois Department of

13 Corrections, to possess any weapon prohibited under Section

14 24-1 of this Code or any firearm or firearm ammunition,

15 regardless of the intent with which he or she possesses it.

16 (b) It is an affirmative defense to a violation of this

17 Section that the possession was specifically authorized by

18 rule, regulation, or directive of the Illinois Department of

19 Corrections or order issued under that rule, regulation, or

20 directive.

21 (c) The defense of necessity is not available to a person

22 who is charged with a violation of this Section.

23 (d) Sentence.

24 (1) Any person who violates this Section is guilty of a

25 Class 1 felony, if he or she possesses any weapon prohibited

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1 under Section 24-1 of this Code, a Class X felony if he or she

2 possesses any firearm, firearm ammunition, or explosive, and a

3 Class X felony for which the offender shall be sentenced to not

4 less than 12 years and not more than 50 years when the firearm

5 possessed is a machine gun.

6 (2) A violation of this Section while wearing or in

7 possession of body armor as defined in Section 33F-1 is a Class

8 X felony punishable by a term of imprisonment of not less than

9 10 years and not more than 40 years.

10 (3) The possession of each firearm or firearm ammunition in

11 violation of this Section constitutes a single and separate

12 violation.

13 (4) A sentence of county impact incarceration under Section

14 5-8-1.2 of the Unified Code of Corrections is not authorized

15 for a violation of this Section.

16 (720 ILCS 5/24-1.6)

17 Sec. 24-1.6. Aggravated unlawful use of a weapon.

18 (a) A person commits the offense of aggravated unlawful use

19 of a weapon when he or she knowingly:

20 (1) Carries on or about his or her person or in any

21 vehicle or concealed on or about his or her person except

22 when on his or her land or in his or her abode, legal

23 dwelling, or fixed place of business, or on the land or in

24 the legal dwelling of another person as an invitee with

25 that person's permission, any pistol, revolver, stun gun or

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LRB099 17059 RLC 41417 b

1 taser or other firearm; or

2 (2) Carries or possesses on or about his or her person,

3 upon any public street, alley, or other public lands within

4 the corporate limits of a city, village or incorporated

5 town, except when an invitee thereon or therein, for the

6 purpose of the display of such weapon or the lawful

7 commerce in weapons, or except when on his or her own land

8 or in his or her own abode, legal dwelling, or fixed place

9 of business, or on the land or in the legal dwelling of

10 another person as an invitee with that person's permission,

11 any pistol, revolver, stun gun or taser or other firearm;

12 and

13 (3) One of the following factors is present:

14 (A) the firearm, other than a pistol, revolver, or

15 handgun, possessed was uncased, loaded, and

16 immediately accessible at the time of the offense; or

17 (A-5) the pistol, revolver, or handgun possessed

18 was uncased, loaded, and immediately accessible at the

19 time of the offense and the person possessing the

20 pistol, revolver, or handgun has not been issued a

21 currently valid license under the Firearm Concealed

22 Carry Act; or

23 (B) the firearm, other than a pistol, revolver, or

24 handgun, possessed was uncased, unloaded, and the

25 ammunition for the weapon was immediately accessible

26 at the time of the offense; or

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1 (B-5) the pistol, revolver, or handgun possessed

2 was uncased, unloaded, and the ammunition for the

3 weapon was immediately accessible at the time of the

4 offense and the person possessing the pistol,

5 revolver, or handgun has not been issued a currently

6 valid license under the Firearm Concealed Carry Act; or

7 (C) the person possessing the firearm has not been

8 issued a currently valid Firearm Owner's

9 Identification Card; or

10 (D) the person possessing the weapon was

11 previously adjudicated a delinquent minor under the

12 Juvenile Court Act of 1987 for an act that if committed

13 by an adult would be a felony; or

14 (E) the person possessing the weapon was engaged in

15 a misdemeanor violation of the Cannabis Control Act, in

16 a misdemeanor violation of the Illinois Controlled

17 Substances Act, or in a misdemeanor violation of the

18 Methamphetamine Control and Community Protection Act;

19 or

20 (F) (blank); or

21 (G) the person possessing the weapon had a order of

22 protection issued against him or her within the

23 previous 2 years; or

24 (H) the person possessing the weapon was engaged in

25 the commission or attempted commission of a

26 misdemeanor involving the use or threat of violence

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LRB099 17059 RLC 41417 b

1 against the person or property of another; or

2 (I) the person possessing the weapon was under 21

3 years of age and in possession of a handgun, unless the

4 person under 21 is engaged in lawful activities under

5 the Wildlife Code or described in subsection

6 24-2(b)(1), (b)(3), or 24-2(f).

7 (a-5) "Handgun" as used in this Section has the meaning

8 given to it in Section 5 of the Firearm Concealed Carry Act.

9 (b) "Stun gun or taser" as used in this Section has the

10 same definition given to it in Section 24-1 of this Code.

11 (c) This Section does not apply to or affect the

12 transportation or possession of weapons that:

13 (i) are broken down in a non-functioning state; or

14 (ii) are not immediately accessible; or

15 (iii) are unloaded and enclosed in a case, firearm

16 carrying box, shipping box, or other container by a person

17 who has been issued a currently valid Firearm Owner's

18 Identification Card.

19 (d) Sentence.

20 (1) Aggravated unlawful use of a weapon is a Class 4

21 felony; a second or subsequent offense is a Class 2 felony

22 for which the person shall be sentenced to a term of

23 imprisonment of not less than 4 ~~3~~ years and not more than

24 10 ~~7~~ years.

25 (2) Except as otherwise provided in paragraphs (3) and

26 (4) of this subsection (d), a first offense of aggravated

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LRB099 17059 RLC 41417 b

1 unlawful use of a weapon committed with a firearm by a

2 person 18 years of age or older where the factors listed in

3 both items (A) and (C) or both items (A-5) and (C) of

4 paragraph (3) of subsection (a) are present is a Class 4

5 felony, for which the person shall be sentenced to a term

6 of imprisonment of not less than one year and not more than

7 3 years.

8 (3) Aggravated unlawful use of a weapon by a person who

9 has been previously convicted of a felonyoffense is a

10 Class 3 felony for which the person shall be sentenced to a

11 term of not less than 3 years and not more than 10 years,

12 unless the conviction was entered less than 10 years prior

13 to the commission of the instant offense, excluding any

14 time the defendant was in custody, on probation,

15 conditional discharge, or supervised release, in which

16 case it is a Class 2 felony for which the person shall be

17 sentenced to a term of not less than 4 years and not more

18 than 10 years. ~~in this State or another jurisdiction is a~~

19 ~~Class 2 felony for which the person shall be sentenced to a~~

20 ~~term of imprisonment of not less than 3 years and not more~~

21 ~~than 7 years.~~

22 (4) Aggravated unlawful use of a weapon while wearing

23 or in possession of body armor as defined in Section 33F-1

24 by a person who has not been issued a valid Firearms

25 Owner's Identification Card in accordance with Section 5 of

26 the Firearm Owners Identification Card Act is a Class X

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LRB099 17059 RLC 41417 b

1 felony.

2 (5) A sentence of county impact incarceration under

3 Section 5-8-1.2 of the Unified Code of Corrections is not

4 authorized for a violation of this Section.

5 (e) The possession of each firearm in violation of this

6 Section constitutes a single and separate violation.

7 (Source: P.A. 98-63, eff. 7-9-13.)

8 (720 ILCS 5/24-1.8)

9 Sec. 24-1.8. Unlawful possession of a firearm by a street

10 gang member.

11 (a) A person commits unlawful possession of a firearm by a

12 street gang member when he or she knowingly:

13 (1) possesses, carries, or conceals on or about his or

14 her person a firearm and firearm ammunition while on any

15 street, road, alley, gangway, sidewalk, or any other lands,

16 except when inside his or her own abode or inside his or

17 her fixed place of business, and has not been issued a

18 currently valid Firearm Owner's Identification Card and is

19 a member of a street gang; or

20 (2) possesses or carries in any vehicle a firearm and

21 firearm ammunition which are both immediately accessible

22 at the time of the offense while on any street, road,

23 alley, or any other lands, except when inside his or her

24 own abode or garage, and has not been issued a currently

25 valid Firearm Owner's Identification Card and is a member

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LRB099 17059 RLC 41417 b

1 of a street gang.

2 (b) Unlawful possession of a firearm by a street gang

3 member is a Class 2 felony for which the person~~, if sentenced~~

4 ~~to a term of imprisonment,~~ shall be sentenced to no less than 4

5 ~~3~~ years and no more than 10 years. A sentence of county impact

6 incarceration under Section 5-8-1.2 of the Unified Code of

7 Corrections is not authorized for a violation of this Section.

8 ~~A period of probation, a term of periodic imprisonment or~~

9 ~~conditional discharge shall not be imposed for the offense of~~

10 ~~unlawful possession of a firearm by a street gang member when~~

11 ~~the firearm was loaded or contained firearm ammunition and the~~

12 ~~court shall sentence the offender to not less than the minimum~~

13 ~~term of imprisonment authorized for the Class 2 felony.~~

14 (c) For purposes of this Section:

15 "Street gang" or "gang" has the meaning ascribed to it

16 in Section 10 of the Illinois Streetgang Terrorism Omnibus

17 Prevention Act.

18 "Street gang member" or "gang member" has the meaning

19 ascribed to it in Section 10 of the Illinois Streetgang

20 Terrorism Omnibus Prevention Act.

21 (Source: P.A. 96-829, eff. 12-3-09.)

22 Section 25. The Unified Code of Corrections is amended by

23 changing Sections 3-6-3, 5-5-3, and 5-9-1.10 as follows:

24 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

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LRB099 17059 RLC 41417 b

1 Sec. 3-6-3. Rules and Regulations for Sentence Credit.

2 (a) (1) The Department of Corrections shall prescribe

3 rules and regulations for awarding and revoking sentence

4 credit for persons committed to the Department which shall

5 be subject to review by the Prisoner Review Board.

6 (1.5) As otherwise provided by law, sentence credit may

7 be awarded for the following:

8 (A) successful completion of programming while in

9 custody of the Department or while in custody prior to

10 sentencing;

11 (B) compliance with the rules and regulations of

12 the Department; or

13 (C) service to the institution, service to a

14 community, or service to the State.

15 (2) The rules and regulations on sentence credit shall

16 provide, with respect to offenses listed in clause (i),

17 (ii), or (iii) of this paragraph (2) committed on or after

18 June 19, 1998 or with respect to the offense listed in

19 clause (iv) of this paragraph (2) committed on or after

20 June 23, 2005 (the effective date of Public Act 94-71) or

21 with respect to offense listed in clause (vi) committed on

22 or after June 1, 2008 (the effective date of Public Act

23 95-625) or with respect to the offense of being an armed

24 habitual criminal committed on or after August 2, 2005 (the

25 effective date of Public Act 94-398) or with respect to the

26 offenses listed in clause (v) of this paragraph (2)

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LRB099 17059 RLC 41417 b

1 committed on or after August 13, 2007 (the effective date

2 of Public Act 95-134) or with respect to the offense of

3 aggravated domestic battery committed on or after July 23,

4 2010 (the effective date of Public Act 96-1224) or with

5 respect to the offense of attempt to commit terrorism

6 committed on or after January 1, 2013 (the effective date

7 of Public Act 97-990), or with respect to the offenses

8 listed in clause (viii) of this paragraph (2) committed on

9 or after the effective date of this amendatory Act of the

10 99th General Assembly, the following:

11 (i) that a prisoner who is serving a term of

12 imprisonment for first degree murder or for the offense

13 of terrorism shall receive no sentence credit and shall

14 serve the entire sentence imposed by the court;

15 (ii) that a prisoner serving a sentence for attempt

16 to commit terrorism, attempt to commit first degree

17 murder, solicitation of murder, solicitation of murder

18 for hire, intentional homicide of an unborn child,

19 predatory criminal sexual assault of a child,

20 aggravated criminal sexual assault, criminal sexual

21 assault, aggravated kidnapping, aggravated battery

22 with a firearm as described in Section 12-4.2 or

23 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

24 Section 12-3.05, heinous battery as described in

25 Section 12-4.1 or subdivision (a)(2) of Section

26 12-3.05, being an armed habitual criminal, aggravated

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LRB099 17059 RLC 41417 b

1 battery of a senior citizen as described in Section

2 12-4.6 or subdivision (a)(4) of Section 12-3.05, or

3 aggravated battery of a child as described in Section

4 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall

5 receive no more than 4.5 days of sentence credit for

6 each month of his or her sentence of imprisonment;

7 (iii) that a prisoner serving a sentence for home

8 invasion, armed robbery, aggravated vehicular

9 hijacking, aggravated discharge of a firearm, or armed

10 violence with a category I weapon or category II

11 weapon, when the court has made and entered a finding,

12 pursuant to subsection (c-1) of Section 5-4-1 of this

13 Code, that the conduct leading to conviction for the

14 enumerated offense resulted in great bodily harm to a

15 victim, shall receive no more than 4.5 days of sentence

16 credit for each month of his or her sentence of

17 imprisonment;

18 (iv) that a prisoner serving a sentence for

19 aggravated discharge of a firearm, whether or not the

20 conduct leading to conviction for the offense resulted

21 in great bodily harm to the victim, shall receive no

22 more than 4.5 days of sentence credit for each month of

23 his or her sentence of imprisonment;

24 (v) that a person serving a sentence for

25 gunrunning, narcotics racketeering, controlled

26 substance trafficking, methamphetamine trafficking,

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1 drug-induced homicide, aggravated

2 methamphetamine-related child endangerment, money

3 laundering pursuant to clause (c) (4) or (5) of Section

4 29B-1 of the Criminal Code of 1961 or the Criminal Code

5 of 2012, or a Class X felony conviction for delivery of

6 a controlled substance, possession of a controlled

7 substance with intent to manufacture or deliver,

8 calculated criminal drug conspiracy, criminal drug

9 conspiracy, street gang criminal drug conspiracy,

10 participation in methamphetamine manufacturing,

11 aggravated participation in methamphetamine

12 manufacturing, delivery of methamphetamine, possession

13 with intent to deliver methamphetamine, aggravated

14 delivery of methamphetamine, aggravated possession

15 with intent to deliver methamphetamine,

16 methamphetamine conspiracy when the substance

17 containing the controlled substance or methamphetamine

18 is 100 grams or more shall receive no more than 7.5

19 days sentence credit for each month of his or her

20 sentence of imprisonment;

21 (vi) that a prisoner serving a sentence for a

22 second or subsequent offense of luring a minor shall

23 receive no more than 4.5 days of sentence credit for

24 each month of his or her sentence of imprisonment; ~~and~~

25 (vii) that a prisoner serving a sentence for

26 aggravated domestic battery shall receive no more than

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1 4.5 days of sentence credit for each month of his or

2 her sentence of imprisonment; and ~~.~~

3 (viii) that a prisoner serving a sentence for a

4 violation under Section 24-1.8; paragraphs (2), (3),

5 (4), (5) or (6) of subsection (e) under Section 24-1.1;

6 or, a Class 2 or greater felony under Section 24-1.6 of

7 the Criminal Code of 2012 shall receive no more than

8 4.5 days of sentence credit for each month of his or

9 her sentence of imprisonment, unless the prisoner

10 receives a court order under paragraph (2.05) of this

11 subsection (a) authorizing the Department to issue up

12 to a maximum of 180 days of additional sentence credit

13 towards the prisoner's sentence

14 (2.05) Notwithstanding clause (viii) of paragraph (2)

15 of this subsection (a), if a person is convicted for a

16 violation under Section 24-1.8, paragraphs (2), (3), (4),

17 (5) or (6) of subsection (e) of Section 24-1.1, or a Class

18 2 or greater felony under Section 24-1.6 of the Criminal

19 Code of 2012, at the person's sentencing hearing, after

20 considering all of the evidence in aggravation and

21 mitigation, the court may enter an order for judicially

22 authorized sentence credit to the Department permitting

23 the issuance of sentence credit for each day that the

24 person is actually personally engaged full-time and is

25 attending one of the substance abuse programs, vocational

26 programs, correctional industry assignments, educational

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1 programs, high school equivalency test programs, behavior

2 modification programs, life skills courses, or other

3 re-entry planning provided by the Department. The

4 Department may issue sentence credit up to a maximum of 180

5 days under the order, and this sentence credit is

6 contingent upon the person's successful completion of the

7 program under the standards provided by the Department. The

8 court may enter the order if the person establishes by a

9 preponderance of the evidence that the interest of justice

10 is served by permitting the person enrollment in

11 correctional programming. In making its determination the

12 court shall consider the following factors:

13 (A) the person was not the leader, manager, or

14 supervisor of others in the criminal conduct for which

15 the person was convicted;

16 (B) permitting sentence credit would serve the

17 goals of the person's rehabilitation and reentry into

18 society; and

19 (C) permitting sentence credit is in the interests

20 of public safety.

21 The sentencing judge shall specify on the record the

22 particular information, factors in aggravation or

23 mitigation, or other reasons that led to his or her

24 determination under this paragraph (2.05).

25 (2.1) For all offenses, other than those enumerated in

26 subdivision (a)(2)(i), (ii), or (iii) committed on or after

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1 June 19, 1998 or subdivision (a)(2)(iv) committed on or

2 after June 23, 2005 (the effective date of Public Act

3 94-71) or subdivision (a)(2)(v) committed on or after

4 August 13, 2007 (the effective date of Public Act 95-134)

5 or subdivision (a)(2)(vi) committed on or after June 1,

6 2008 (the effective date of Public Act 95-625) or

7 subdivision (a)(2)(vii) committed on or after July 23, 2010

8 (the effective date of Public Act 96-1224), and other than

9 the offense of aggravated driving under the influence of

10 alcohol, other drug or drugs, or intoxicating compound or

11 compounds, or any combination thereof as defined in

12 subparagraph (F) of paragraph (1) of subsection (d) of

13 Section 11-501 of the Illinois Vehicle Code, and other than

14 the offense of aggravated driving under the influence of

15 alcohol, other drug or drugs, or intoxicating compound or

16 compounds, or any combination thereof as defined in

17 subparagraph (C) of paragraph (1) of subsection (d) of

18 Section 11-501 of the Illinois Vehicle Code committed on or

19 after January 1, 2011 (the effective date of Public Act

20 96-1230), the rules and regulations shall provide that a

21 prisoner who is serving a term of imprisonment shall

22 receive one day of sentence credit for each day of his or

23 her sentence of imprisonment or recommitment under Section

24 3-3-9. Each day of sentence credit shall reduce by one day

25 the prisoner's period of imprisonment or recommitment

26 under Section 3-3-9.

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1 (2.2) A prisoner serving a term of natural life

2 imprisonment or a prisoner who has been sentenced to death

3 shall receive no sentence credit.

4 (2.3) The rules and regulations on sentence credit

5 shall provide that a prisoner who is serving a sentence for

6 aggravated driving under the influence of alcohol, other

7 drug or drugs, or intoxicating compound or compounds, or

8 any combination thereof as defined in subparagraph (F) of

9 paragraph (1) of subsection (d) of Section 11-501 of the

10 Illinois Vehicle Code, shall receive no more than 4.5 days

11 of sentence credit for each month of his or her sentence of

12 imprisonment.

13 (2.4) The rules and regulations on sentence credit

14 shall provide with respect to the offenses of aggravated

15 battery with a machine gun or a firearm equipped with any

16 device or attachment designed or used for silencing the

17 report of a firearm or aggravated discharge of a machine

18 gun or a firearm equipped with any device or attachment

19 designed or used for silencing the report of a firearm,

20 committed on or after July 15, 1999 (the effective date of

21 Public Act 91-121), that a prisoner serving a sentence for

22 any of these offenses shall receive no more than 4.5 days

23 of sentence credit for each month of his or her sentence of

24 imprisonment.

25 (2.5) The rules and regulations on sentence credit

26 shall provide that a prisoner who is serving a sentence for

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1 aggravated arson committed on or after July 27, 2001 (the

2 effective date of Public Act 92-176) shall receive no more

3 than 4.5 days of sentence credit for each month of his or

4 her sentence of imprisonment.

5 (2.6) The rules and regulations on sentence credit

6 shall provide that a prisoner who is serving a sentence for

7 aggravated driving under the influence of alcohol, other

8 drug or drugs, or intoxicating compound or compounds or any

9 combination thereof as defined in subparagraph (C) of

10 paragraph (1) of subsection (d) of Section 11-501 of the

11 Illinois Vehicle Code committed on or after January 1, 2011

12 (the effective date of Public Act 96-1230) shall receive no

13 more than 4.5 days of sentence credit for each month of his

14 or her sentence of imprisonment.

15 (3) The rules and regulations shall also provide that

16 the Director may award up to 180 days additional sentence

17 credit for good conduct in specific instances as the

18 Director deems proper. The good conduct may include, but is

19 not limited to, compliance with the rules and regulations

20 of the Department, service to the Department, service to a

21 community, or service to the State. However, the Director

22 shall not award more than 90 days of sentence credit for

23 good conduct to any prisoner who is serving a sentence for

24 conviction of first degree murder, reckless homicide while

25 under the influence of alcohol or any other drug, or

26 aggravated driving under the influence of alcohol, other

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1 drug or drugs, or intoxicating compound or compounds, or

2 any combination thereof as defined in subparagraph (F) of

3 paragraph (1) of subsection (d) of Section 11-501 of the

4 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

5 predatory criminal sexual assault of a child, aggravated

6 criminal sexual assault, criminal sexual assault, deviate

7 sexual assault, aggravated criminal sexual abuse,

8 aggravated indecent liberties with a child, indecent

9 liberties with a child, child pornography, heinous battery

10 as described in Section 12-4.1 or subdivision (a)(2) of

11 Section 12-3.05, aggravated battery of a spouse,

12 aggravated battery of a spouse with a firearm, stalking,

13 aggravated stalking, aggravated battery of a child as

14 described in Section 12-4.3 or subdivision (b)(1) of

15 Section 12-3.05, endangering the life or health of a child,

16 or cruelty to a child. Notwithstanding the foregoing,

17 sentence credit for good conduct shall not be awarded on a

18 sentence of imprisonment imposed for conviction of: (i) one

19 of the offenses enumerated in subdivision (a)(2)(i), (ii),

20 or (iii) when the offense is committed on or after June 19,

21 1998 or subdivision (a)(2)(iv) when the offense is

22 committed on or after June 23, 2005 (the effective date of

23 Public Act 94-71) or subdivision (a)(2)(v) when the offense

24 is committed on or after August 13, 2007 (the effective

25 date of Public Act 95-134) or subdivision (a)(2)(vi) when

26 the offense is committed on or after June 1, 2008 (the

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1 effective date of Public Act 95-625) or subdivision

2 (a)(2)(vii) when the offense is committed on or after July

3 23, 2010 (the effective date of Public Act 96-1224), (ii)

4 aggravated driving under the influence of alcohol, other

5 drug or drugs, or intoxicating compound or compounds, or

6 any combination thereof as defined in subparagraph (F) of

7 paragraph (1) of subsection (d) of Section 11-501 of the

8 Illinois Vehicle Code, (iii) one of the offenses enumerated

9 in subdivision (a)(2.4) when the offense is committed on or

10 after July 15, 1999 (the effective date of Public Act

11 91-121), (iv) aggravated arson when the offense is

12 committed on or after July 27, 2001 (the effective date of

13 Public Act 92-176), (v) offenses that may subject the

14 offender to commitment under the Sexually Violent Persons

15 Commitment Act, or (vi) aggravated driving under the

16 influence of alcohol, other drug or drugs, or intoxicating

17 compound or compounds or any combination thereof as defined

18 in subparagraph (C) of paragraph (1) of subsection (d) of

19 Section 11-501 of the Illinois Vehicle Code committed on or

20 after January 1, 2011 (the effective date of Public Act

21 96-1230).

22 Eligible inmates for an award of sentence credit under this

23 paragraph (3) may be selected to receive the credit at the

24 Director's or his or her designee's sole discretion.

25 Consideration may be based on, but not limited to, any

26 available risk assessment analysis on the inmate, any history

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1 of conviction for violent crimes as defined by the Rights of

2 Crime Victims and Witnesses Act, facts and circumstances of the

3 inmate's holding offense or offenses, and the potential for

4 rehabilitation.

5 The Director shall not award sentence credit under this

6 paragraph (3) to an inmate unless the inmate has served a

7 minimum of 60 days of the sentence; except nothing in this

8 paragraph shall be construed to permit the Director to extend

9 an inmate's sentence beyond that which was imposed by the

10 court. Prior to awarding credit under this paragraph (3), the

11 Director shall make a written determination that the inmate:

12 (A) is eligible for the sentence credit;

13 (B) has served a minimum of 60 days, or as close to

14 60 days as the sentence will allow; and

15 (C) has met the eligibility criteria established

16 by rule.

17 The Director shall determine the form and content of

18 the written determination required in this subsection.

19 (3.5) The Department shall provide annual written

20 reports to the Governor and the General Assembly on the

21 award of sentence credit for good conduct, with the first

22 report due January 1, 2014. The Department must publish

23 both reports on its website within 48 hours of transmitting

24 the reports to the Governor and the General Assembly. The

25 reports must include:

26 (A) the number of inmates awarded sentence credit

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1 for good conduct;

2 (B) the average amount of sentence credit for good

3 conduct awarded;

4 (C) the holding offenses of inmates awarded

5 sentence credit for good conduct; and

6 (D) the number of sentence credit for good conduct

7 revocations.

8 (4) The rules and regulations shall also provide that

9 the sentence credit accumulated and retained under

10 paragraph (2.1) of subsection (a) of this Section by any

11 inmate during specific periods of time in which such inmate

12 is engaged full-time in substance abuse programs,

13 correctional industry assignments, educational programs,

14 behavior modification programs, life skills courses, or

15 re-entry planning provided by the Department under this

16 paragraph (4) and satisfactorily completes the assigned

17 program as determined by the standards of the Department,

18 shall be multiplied by a factor of 1.25 for program

19 participation before August 11, 1993 and 1.50 for program

20 participation on or after that date. The rules and

21 regulations shall also provide that sentence credit,

22 subject to the same offense limits and multiplier provided

23 in this paragraph, may be provided to an inmate who was

24 held in pre-trial detention prior to his or her current

25 commitment to the Department of Corrections and

26 successfully completed a full-time, 60-day or longer

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1 substance abuse program, educational program, behavior

2 modification program, life skills course, or re-entry

3 planning provided by the county department of corrections

4 or county jail. Calculation of this county program credit

5 shall be done at sentencing as provided in Section

6 5-4.5-100 of this Code and shall be included in the

7 sentencing order. However, no inmate shall be eligible for

8 the additional sentence credit under this paragraph (4) or

9 (4.1) of this subsection (a) while assigned to a boot camp

10 or electronic detention, or if convicted of an offense

11 enumerated in subdivision (a)(2)(i), (ii), or (iii) of this

12 Section that is committed on or after June 19, 1998 or

13 subdivision (a)(2)(iv) of this Section that is committed on

14 or after June 23, 2005 (the effective date of Public Act

15 94-71) or subdivision (a)(2)(v) of this Section that is

16 committed on or after August 13, 2007 (the effective date

17 of Public Act 95-134) or subdivision (a)(2)(vi) when the

18 offense is committed on or after June 1, 2008 (the

19 effective date of Public Act 95-625) or subdivision

20 (a)(2)(vii) when the offense is committed on or after July

21 23, 2010 (the effective date of Public Act 96-1224), or if

22 convicted of aggravated driving under the influence of

23 alcohol, other drug or drugs, or intoxicating compound or

24 compounds or any combination thereof as defined in

25 subparagraph (F) of paragraph (1) of subsection (d) of

26 Section 11-501 of the Illinois Vehicle Code, or if

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1 convicted of aggravated driving under the influence of

2 alcohol, other drug or drugs, or intoxicating compound or

3 compounds or any combination thereof as defined in

4 subparagraph (C) of paragraph (1) of subsection (d) of

5 Section 11-501 of the Illinois Vehicle Code committed on or

6 after January 1, 2011 (the effective date of Public Act

7 96-1230), or if convicted of an offense enumerated in

8 paragraph (a)(2.4) of this Section that is committed on or

9 after July 15, 1999 (the effective date of Public Act

10 91-121), or first degree murder, a Class X felony, criminal

11 sexual assault, felony criminal sexual abuse, aggravated

12 criminal sexual abuse, aggravated battery with a firearm as

13 described in Section 12-4.2 or subdivision (e)(1), (e)(2),

14 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or

15 successor offenses with the same or substantially the same

16 elements, or any inchoate offenses relating to the

17 foregoing offenses. No inmate shall be eligible for the

18 additional good conduct credit under this paragraph (4) who

19 (i) has previously received increased good conduct credit

20 under this paragraph (4) and has subsequently been

21 convicted of a felony, or (ii) has previously served more

22 than one prior sentence of imprisonment for a felony in an

23 adult correctional facility.

24 Educational, vocational, substance abuse, behavior

25 modification programs, life skills courses, re-entry

26 planning, and correctional industry programs under which

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1 sentence credit may be increased under this paragraph (4)

2 and paragraph (4.1) of this subsection (a) shall be

3 evaluated by the Department on the basis of documented

4 standards. The Department shall report the results of these

5 evaluations to the Governor and the General Assembly by

6 September 30th of each year. The reports shall include data

7 relating to the recidivism rate among program

8 participants.

9 Availability of these programs shall be subject to the

10 limits of fiscal resources appropriated by the General

11 Assembly for these purposes. Eligible inmates who are

12 denied immediate admission shall be placed on a waiting

13 list under criteria established by the Department. The

14 inability of any inmate to become engaged in any such

15 programs by reason of insufficient program resources or for

16 any other reason established under the rules and

17 regulations of the Department shall not be deemed a cause

18 of action under which the Department or any employee or

19 agent of the Department shall be liable for damages to the

20 inmate.

21 (4.1) The rules and regulations shall also provide that

22 an additional 90 days of sentence credit shall be awarded

23 to any prisoner who passes high school equivalency testing

24 while the prisoner is committed to the Department of

25 Corrections. The sentence credit awarded under this

26 paragraph (4.1) shall be in addition to, and shall not

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1 affect, the award of sentence credit under any other

2 paragraph of this Section, but shall also be pursuant to

3 the guidelines and restrictions set forth in paragraph (4)

4 of subsection (a) of this Section. The sentence credit

5 provided for in this paragraph shall be available only to

6 those prisoners who have not previously earned a high

7 school diploma or a high school equivalency certificate.

8 If, after an award of the high school equivalency testing

9 sentence credit has been made, the Department determines

10 that the prisoner was not eligible, then the award shall be

11 revoked. The Department may also award 90 days of sentence

12 credit to any committed person who passed high school

13 equivalency testing while he or she was held in pre-trial

14 detention prior to the current commitment to the Department

15 of Corrections.

16 (4.5) The rules and regulations on sentence credit

17 shall also provide that when the court's sentencing order

18 recommends a prisoner for substance abuse treatment and the

19 crime was committed on or after September 1, 2003 (the

20 effective date of Public Act 93-354), the prisoner shall

21 receive no sentence credit awarded under clause (3) of this

22 subsection (a) unless he or she participates in and

23 completes a substance abuse treatment program. The

24 Director may waive the requirement to participate in or

25 complete a substance abuse treatment program and award the

26 sentence credit in specific instances if the prisoner is

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1 not a good candidate for a substance abuse treatment

2 program for medical, programming, or operational reasons.

3 Availability of substance abuse treatment shall be subject

4 to the limits of fiscal resources appropriated by the

5 General Assembly for these purposes. If treatment is not

6 available and the requirement to participate and complete

7 the treatment has not been waived by the Director, the

8 prisoner shall be placed on a waiting list under criteria

9 established by the Department. The Director may allow a

10 prisoner placed on a waiting list to participate in and

11 complete a substance abuse education class or attend

12 substance abuse self-help meetings in lieu of a substance

13 abuse treatment program. A prisoner on a waiting list who

14 is not placed in a substance abuse program prior to release

15 may be eligible for a waiver and receive sentence credit

16 under clause (3) of this subsection (a) at the discretion

17 of the Director.

18 (4.6) The rules and regulations on sentence credit

19 shall also provide that a prisoner who has been convicted

20 of a sex offense as defined in Section 2 of the Sex

21 Offender Registration Act shall receive no sentence credit

22 unless he or she either has successfully completed or is

23 participating in sex offender treatment as defined by the

24 Sex Offender Management Board. However, prisoners who are

25 waiting to receive treatment, but who are unable to do so

26 due solely to the lack of resources on the part of the

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1 Department, may, at the Director's sole discretion, be

2 awarded sentence credit at a rate as the Director shall

3 determine.

4 (5) Whenever the Department is to release any inmate

5 earlier than it otherwise would because of a grant of

6 sentence credit for good conduct under paragraph (3) of

7 subsection (a) of this Section given at any time during the

8 term, the Department shall give reasonable notice of the

9 impending release not less than 14 days prior to the date

10 of the release to the State's Attorney of the county where

11 the prosecution of the inmate took place, and if

12 applicable, the State's Attorney of the county into which

13 the inmate will be released. The Department must also make

14 identification information and a recent photo of the inmate

15 being released accessible on the Internet by means of a

16 hyperlink labeled "Community Notification of Inmate Early

17 Release" on the Department's World Wide Web homepage. The

18 identification information shall include the inmate's:

19 name, any known alias, date of birth, physical

20 characteristics, commitment offense and county where

21 conviction was imposed. The identification information

22 shall be placed on the website within 3 days of the

23 inmate's release and the information may not be removed

24 until either: completion of the first year of mandatory

25 supervised release or return of the inmate to custody of

26 the Department.

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1 (b) Whenever a person is or has been committed under

2 several convictions, with separate sentences, the sentences

3 shall be construed under Section 5-8-4 in granting and

4 forfeiting of sentence credit.

5 (c) The Department shall prescribe rules and regulations

6 for revoking sentence credit, including revoking sentence

7 credit awarded for good conduct under paragraph (3) of

8 subsection (a) of this Section. The Department shall prescribe

9 rules and regulations for suspending or reducing the rate of

10 accumulation of sentence credit for specific rule violations,

11 during imprisonment. These rules and regulations shall provide

12 that no inmate may be penalized more than one year of sentence

13 credit for any one infraction.

14 When the Department seeks to revoke, suspend or reduce the

15 rate of accumulation of any sentence credits for an alleged

16 infraction of its rules, it shall bring charges therefor

17 against the prisoner sought to be so deprived of sentence

18 credits before the Prisoner Review Board as provided in

19 subparagraph (a)(4) of Section 3-3-2 of this Code, if the

20 amount of credit at issue exceeds 30 days or when during any 12

21 month period, the cumulative amount of credit revoked exceeds

22 30 days except where the infraction is committed or discovered

23 within 60 days of scheduled release. In those cases, the

24 Department of Corrections may revoke up to 30 days of sentence

25 credit. The Board may subsequently approve the revocation of

26 additional sentence credit, if the Department seeks to revoke

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1 sentence credit in excess of 30 days. However, the Board shall

2 not be empowered to review the Department's decision with

3 respect to the loss of 30 days of sentence credit within any

4 calendar year for any prisoner or to increase any penalty

5 beyond the length requested by the Department.

6 The Director of the Department of Corrections, in

7 appropriate cases, may restore up to 30 days of sentence

8 credits which have been revoked, suspended or reduced. Any

9 restoration of sentence credits in excess of 30 days shall be

10 subject to review by the Prisoner Review Board. However, the

11 Board may not restore sentence credit in excess of the amount

12 requested by the Director.

13 Nothing contained in this Section shall prohibit the

14 Prisoner Review Board from ordering, pursuant to Section

15 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

16 sentence imposed by the court that was not served due to the

17 accumulation of sentence credit.

18 (d) If a lawsuit is filed by a prisoner in an Illinois or

19 federal court against the State, the Department of Corrections,

20 or the Prisoner Review Board, or against any of their officers

21 or employees, and the court makes a specific finding that a

22 pleading, motion, or other paper filed by the prisoner is

23 frivolous, the Department of Corrections shall conduct a

24 hearing to revoke up to 180 days of sentence credit by bringing

25 charges against the prisoner sought to be deprived of the

26 sentence credits before the Prisoner Review Board as provided

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1 in subparagraph (a)(8) of Section 3-3-2 of this Code. If the

2 prisoner has not accumulated 180 days of sentence credit at the

3 time of the finding, then the Prisoner Review Board may revoke

4 all sentence credit accumulated by the prisoner.

5 For purposes of this subsection (d):

6 (1) "Frivolous" means that a pleading, motion, or other

7 filing which purports to be a legal document filed by a

8 prisoner in his or her lawsuit meets any or all of the

9 following criteria:

10 (A) it lacks an arguable basis either in law or in

11 fact;

12 (B) it is being presented for any improper purpose,

13 such as to harass or to cause unnecessary delay or

14 needless increase in the cost of litigation;

15 (C) the claims, defenses, and other legal

16 contentions therein are not warranted by existing law

17 or by a nonfrivolous argument for the extension,

18 modification, or reversal of existing law or the

19 establishment of new law;

20 (D) the allegations and other factual contentions

21 do not have evidentiary support or, if specifically so

22 identified, are not likely to have evidentiary support

23 after a reasonable opportunity for further

24 investigation or discovery; or

25 (E) the denials of factual contentions are not

26 warranted on the evidence, or if specifically so

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1 identified, are not reasonably based on a lack of

2 information or belief.

3 (2) "Lawsuit" means a motion pursuant to Section 116-3

4 of the Code of Criminal Procedure of 1963, a habeas corpus

5 action under Article X of the Code of Civil Procedure or

6 under federal law (28 U.S.C. 2254), a petition for claim

7 under the Court of Claims Act, an action under the federal

8 Civil Rights Act (42 U.S.C. 1983), or a second or

9 subsequent petition for post-conviction relief under

10 Article 122 of the Code of Criminal Procedure of 1963

11 whether filed with or without leave of court or a second or

12 subsequent petition for relief from judgment under Section

13 2-1401 of the Code of Civil Procedure.

14 (e) Nothing in Public Act 90-592 or 90-593 affects the

15 validity of Public Act 89-404.

16 (f) Whenever the Department is to release any inmate who

17 has been convicted of a violation of an order of protection

18 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

19 the Criminal Code of 2012, earlier than it otherwise would

20 because of a grant of sentence credit, the Department, as a

21 condition of release, shall require that the person, upon

22 release, be placed under electronic surveillance as provided in

23 Section 5-8A-7 of this Code.

24 (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,

25 eff. 1-1-16; revised 10-19-15.)

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1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

2 Sec. 5-5-3. Disposition.

3 (a) (Blank).

4 (b) (Blank).

5 (c) (1) (Blank).

6 (2) A period of probation, a term of periodic imprisonment

7 or conditional discharge shall not be imposed for the following

8 offenses. The court shall sentence the offender to not less

9 than the minimum term of imprisonment set forth in this Code

10 for the following offenses, and may order a fine or restitution

11 or both in conjunction with such term of imprisonment:

12 (A) First degree murder where the death penalty is not

13 imposed.

14 (B) Attempted first degree murder.

15 (C) A Class X felony.

16 (D) A violation of Section 401.1 or 407 of the Illinois

17 Controlled Substances Act, or a violation of subdivision

18 (c)(1.5) or (c)(2) of Section 401 of that Act which relates

19 to more than 5 grams of a substance containing cocaine,

20 fentanyl, or an analog thereof.

21 (D-5) A violation of subdivision (c)(1) of Section 401

22 of the Illinois Controlled Substances Act which relates to

23 3 or more grams of a substance containing heroin or an

24 analog thereof.

25 (E) A violation of Section 5.1 or 9 of the Cannabis

26 Control Act.

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1 (F) A Class 2 or greater felony if the offender had

2 been convicted of a Class 2 or greater felony, including

3 any state or federal conviction for an offense that

4 contained, at the time it was committed, the same elements

5 as an offense now (the date of the offense committed after

6 the prior Class 2 or greater felony) classified as a Class

7 2 or greater felony, within 10 years of the date on which

8 the offender committed the offense for which he or she is

9 being sentenced, except as otherwise provided in Section

10 40-10 of the Alcoholism and Other Drug Abuse and Dependency

11 Act.

12 (F-5) A violation of Section 24-1, 24-1.1, 24-1.1-5, ~~or~~

13 24-1.6, or 24-1.8 of the Criminal Code of 1961 or the

14 Criminal Code of 2012 for which imprisonment is prescribed

15 in those Sections.

16 (G) Residential burglary, except as otherwise provided

17 in Section 40-10 of the Alcoholism and Other Drug Abuse and

18 Dependency Act.

19 (H) Criminal sexual assault.

20 (I) Aggravated battery of a senior citizen as described

21 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

22 of the Criminal Code of 1961 or the Criminal Code of 2012.

23 (J) A forcible felony if the offense was related to the

24 activities of an organized gang.

25 Before July 1, 1994, for the purposes of this

26 paragraph, "organized gang" means an association of 5 or

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1 more persons, with an established hierarchy, that

2 encourages members of the association to perpetrate crimes

3 or provides support to the members of the association who

4 do commit crimes.

5 Beginning July 1, 1994, for the purposes of this

6 paragraph, "organized gang" has the meaning ascribed to it

7 in Section 10 of the Illinois Streetgang Terrorism Omnibus

8 Prevention Act.

9 (K) Vehicular hijacking.

10 (L) A second or subsequent conviction for the offense

11 of hate crime when the underlying offense upon which the

12 hate crime is based is felony aggravated assault or felony

13 mob action.

14 (M) A second or subsequent conviction for the offense

15 of institutional vandalism if the damage to the property

16 exceeds $300.

17 (N) A Class 3 felony violation of paragraph (1) of

18 subsection (a) of Section 2 of the Firearm Owners

19 Identification Card Act.

20 (O) A violation of Section 12-6.1 or 12-6.5 of the

21 Criminal Code of 1961 or the Criminal Code of 2012.

22 (P) A violation of paragraph (1), (2), (3), (4), (5),

23 or (7) of subsection (a) of Section 11-20.1 of the Criminal

24 Code of 1961 or the Criminal Code of 2012.

25 (Q) A violation of subsection (b) or (b-5) of Section

26 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

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1 Code of 1961 or the Criminal Code of 2012.

2 (R) A violation of Section 24-3A of the Criminal Code

3 of 1961 or the Criminal Code of 2012.

4 (S) (Blank).

5 (T) A second or subsequent violation of the

6 Methamphetamine Control and Community Protection Act.

7 (U) A second or subsequent violation of Section 6-303

8 of the Illinois Vehicle Code committed while his or her

9 driver's license, permit, or privilege was revoked because

10 of a violation of Section 9-3 of the Criminal Code of 1961

11 or the Criminal Code of 2012, relating to the offense of

12 reckless homicide, or a similar provision of a law of

13 another state.

14 (V) A violation of paragraph (4) of subsection (c) of

15 Section 11-20.1B or paragraph (4) of subsection (c) of

16 Section 11-20.3 of the Criminal Code of 1961, or paragraph

17 (6) of subsection (a) of Section 11-20.1 of the Criminal

18 Code of 2012 when the victim is under 13 years of age and

19 the defendant has previously been convicted under the laws

20 of this State or any other state of the offense of child

21 pornography, aggravated child pornography, aggravated

22 criminal sexual abuse, aggravated criminal sexual assault,

23 predatory criminal sexual assault of a child, or any of the

24 offenses formerly known as rape, deviate sexual assault,

25 indecent liberties with a child, or aggravated indecent

26 liberties with a child where the victim was under the age

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1 of 18 years or an offense that is substantially equivalent

2 to those offenses.

3 (W) A violation of Section 24-3.5 of the Criminal Code

4 of 1961 or the Criminal Code of 2012.

5 (X) A violation of subsection (a) of Section 31-1a of

6 the Criminal Code of 1961 or the Criminal Code of 2012.

7 (Y) A conviction for unlawful possession of a firearm

8 by a street gang member when the firearm was loaded or

9 contained firearm ammunition.

10 (Z) A Class 1 felony committed while he or she was

11 serving a term of probation or conditional discharge for a

12 felony.

13 (AA) Theft of property exceeding $500,000 and not

14 exceeding $1,000,000 in value.

15 (BB) Laundering of criminally derived property of a

16 value exceeding $500,000.

17 (CC) Knowingly selling, offering for sale, holding for

18 sale, or using 2,000 or more counterfeit items or

19 counterfeit items having a retail value in the aggregate of

20 $500,000 or more.

21 (DD) A conviction for aggravated assault under

22 paragraph (6) of subsection (c) of Section 12-2 of the

23 Criminal Code of 1961 or the Criminal Code of 2012 if the

24 firearm is aimed toward the person against whom the firearm

25 is being used.

26 (3) (Blank).

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1 (4) A minimum term of imprisonment of not less than 10

2 consecutive days or 30 days of community service shall be

3 imposed for a violation of paragraph (c) of Section 6-303 of

4 the Illinois Vehicle Code.

5 (4.1) (Blank).

6 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

7 this subsection (c), a minimum of 100 hours of community

8 service shall be imposed for a second violation of Section

9 6-303 of the Illinois Vehicle Code.

10 (4.3) A minimum term of imprisonment of 30 days or 300

11 hours of community service, as determined by the court, shall

12 be imposed for a second violation of subsection (c) of Section

13 6-303 of the Illinois Vehicle Code.

14 (4.4) Except as provided in paragraphs (4.5), (4.6), and

15 (4.9) of this subsection (c), a minimum term of imprisonment of

16 30 days or 300 hours of community service, as determined by the

17 court, shall be imposed for a third or subsequent violation of

18 Section 6-303 of the Illinois Vehicle Code.

19 (4.5) A minimum term of imprisonment of 30 days shall be

20 imposed for a third violation of subsection (c) of Section

21 6-303 of the Illinois Vehicle Code.

22 (4.6) Except as provided in paragraph (4.10) of this

23 subsection (c), a minimum term of imprisonment of 180 days

24 shall be imposed for a fourth or subsequent violation of

25 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

26 (4.7) A minimum term of imprisonment of not less than 30

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1 consecutive days, or 300 hours of community service, shall be

2 imposed for a violation of subsection (a-5) of Section 6-303 of

3 the Illinois Vehicle Code, as provided in subsection (b-5) of

4 that Section.

5 (4.8) A mandatory prison sentence shall be imposed for a

6 second violation of subsection (a-5) of Section 6-303 of the

7 Illinois Vehicle Code, as provided in subsection (c-5) of that

8 Section. The person's driving privileges shall be revoked for a

9 period of not less than 5 years from the date of his or her

10 release from prison.

11 (4.9) A mandatory prison sentence of not less than 4 and

12 not more than 15 years shall be imposed for a third violation

13 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

14 Code, as provided in subsection (d-2.5) of that Section. The

15 person's driving privileges shall be revoked for the remainder

16 of his or her life.

17 (4.10) A mandatory prison sentence for a Class 1 felony

18 shall be imposed, and the person shall be eligible for an

19 extended term sentence, for a fourth or subsequent violation of

20 subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

21 as provided in subsection (d-3.5) of that Section. The person's

22 driving privileges shall be revoked for the remainder of his or

23 her life.

24 (5) The court may sentence a corporation or unincorporated

25 association convicted of any offense to:

26 (A) a period of conditional discharge;

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1 (B) a fine;

2 (C) make restitution to the victim under Section 5-5-6

3 of this Code.

4 (5.1) In addition to any other penalties imposed, and

5 except as provided in paragraph (5.2) or (5.3), a person

6 convicted of violating subsection (c) of Section 11-907 of the

7 Illinois Vehicle Code shall have his or her driver's license,

8 permit, or privileges suspended for at least 90 days but not

9 more than one year, if the violation resulted in damage to the

10 property of another person.

11 (5.2) In addition to any other penalties imposed, and

12 except as provided in paragraph (5.3), a person convicted of

13 violating subsection (c) of Section 11-907 of the Illinois

14 Vehicle Code shall have his or her driver's license, permit, or

15 privileges suspended for at least 180 days but not more than 2

16 years, if the violation resulted in injury to another person.

17 (5.3) In addition to any other penalties imposed, a person

18 convicted of violating subsection (c) of Section 11-907 of the

19 Illinois Vehicle Code shall have his or her driver's license,

20 permit, or privileges suspended for 2 years, if the violation

21 resulted in the death of another person.

22 (5.4) In addition to any other penalties imposed, a person

23 convicted of violating Section 3-707 of the Illinois Vehicle

24 Code shall have his or her driver's license, permit, or

25 privileges suspended for 3 months and until he or she has paid

26 a reinstatement fee of $100.

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1 (5.5) In addition to any other penalties imposed, a person

2 convicted of violating Section 3-707 of the Illinois Vehicle

3 Code during a period in which his or her driver's license,

4 permit, or privileges were suspended for a previous violation

5 of that Section shall have his or her driver's license, permit,

6 or privileges suspended for an additional 6 months after the

7 expiration of the original 3-month suspension and until he or

8 she has paid a reinstatement fee of $100.

9 (6) (Blank).

10 (7) (Blank).

11 (8) (Blank).

12 (9) A defendant convicted of a second or subsequent offense

13 of ritualized abuse of a child may be sentenced to a term of

14 natural life imprisonment.

15 (10) (Blank).

16 (11) The court shall impose a minimum fine of $1,000 for a

17 first offense and $2,000 for a second or subsequent offense

18 upon a person convicted of or placed on supervision for battery

19 when the individual harmed was a sports official or coach at

20 any level of competition and the act causing harm to the sports

21 official or coach occurred within an athletic facility or

22 within the immediate vicinity of the athletic facility at which

23 the sports official or coach was an active participant of the

24 athletic contest held at the athletic facility. For the

25 purposes of this paragraph (11), "sports official" means a

26 person at an athletic contest who enforces the rules of the

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1 contest, such as an umpire or referee; "athletic facility"

2 means an indoor or outdoor playing field or recreational area

3 where sports activities are conducted; and "coach" means a

4 person recognized as a coach by the sanctioning authority that

5 conducted the sporting event.

6 (12) A person may not receive a disposition of court

7 supervision for a violation of Section 5-16 of the Boat

8 Registration and Safety Act if that person has previously

9 received a disposition of court supervision for a violation of

10 that Section.

11 (13) A person convicted of or placed on court supervision

12 for an assault or aggravated assault when the victim and the

13 offender are family or household members as defined in Section

14 103 of the Illinois Domestic Violence Act of 1986 or convicted

15 of domestic battery or aggravated domestic battery may be

16 required to attend a Partner Abuse Intervention Program under

17 protocols set forth by the Illinois Department of Human

18 Services under such terms and conditions imposed by the court.

19 The costs of such classes shall be paid by the offender.

20 (d) In any case in which a sentence originally imposed is

21 vacated, the case shall be remanded to the trial court. The

22 trial court shall hold a hearing under Section 5-4-1 of the

23 Unified Code of Corrections which may include evidence of the

24 defendant's life, moral character and occupation during the

25 time since the original sentence was passed. The trial court

26 shall then impose sentence upon the defendant. The trial court

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1 may impose any sentence which could have been imposed at the

2 original trial subject to Section 5-5-4 of the Unified Code of

3 Corrections. If a sentence is vacated on appeal or on

4 collateral attack due to the failure of the trier of fact at

5 trial to determine beyond a reasonable doubt the existence of a

6 fact (other than a prior conviction) necessary to increase the

7 punishment for the offense beyond the statutory maximum

8 otherwise applicable, either the defendant may be re-sentenced

9 to a term within the range otherwise provided or, if the State

10 files notice of its intention to again seek the extended

11 sentence, the defendant shall be afforded a new trial.

12 (e) In cases where prosecution for aggravated criminal

13 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

14 Code of 1961 or the Criminal Code of 2012 results in conviction

15 of a defendant who was a family member of the victim at the

16 time of the commission of the offense, the court shall consider

17 the safety and welfare of the victim and may impose a sentence

18 of probation only where:

19 (1) the court finds (A) or (B) or both are appropriate:

20 (A) the defendant is willing to undergo a court

21 approved counseling program for a minimum duration of 2

22 years; or

23 (B) the defendant is willing to participate in a

24 court approved plan including but not limited to the

25 defendant's:

26 (i) removal from the household;

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1 (ii) restricted contact with the victim;

2 (iii) continued financial support of the

3 family;

4 (iv) restitution for harm done to the victim;

5 and

6 (v) compliance with any other measures that

7 the court may deem appropriate; and

8 (2) the court orders the defendant to pay for the

9 victim's counseling services, to the extent that the court

10 finds, after considering the defendant's income and

11 assets, that the defendant is financially capable of paying

12 for such services, if the victim was under 18 years of age

13 at the time the offense was committed and requires

14 counseling as a result of the offense.

15 Probation may be revoked or modified pursuant to Section

16 5-6-4; except where the court determines at the hearing that

17 the defendant violated a condition of his or her probation

18 restricting contact with the victim or other family members or

19 commits another offense with the victim or other family

20 members, the court shall revoke the defendant's probation and

21 impose a term of imprisonment.

22 For the purposes of this Section, "family member" and

23 "victim" shall have the meanings ascribed to them in Section

24 11-0.1 of the Criminal Code of 2012.

25 (f) (Blank).

26 (g) Whenever a defendant is convicted of an offense under

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1 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

2 11-14.3, 11-14.4 except for an offense that involves keeping a

3 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

4 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

5 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

6 Criminal Code of 2012, the defendant shall undergo medical

7 testing to determine whether the defendant has any sexually

8 transmissible disease, including a test for infection with

9 human immunodeficiency virus (HIV) or any other identified

10 causative agent of acquired immunodeficiency syndrome (AIDS).

11 Any such medical test shall be performed only by appropriately

12 licensed medical practitioners and may include an analysis of

13 any bodily fluids as well as an examination of the defendant's

14 person. Except as otherwise provided by law, the results of

15 such test shall be kept strictly confidential by all medical

16 personnel involved in the testing and must be personally

17 delivered in a sealed envelope to the judge of the court in

18 which the conviction was entered for the judge's inspection in

19 camera. Acting in accordance with the best interests of the

20 victim and the public, the judge shall have the discretion to

21 determine to whom, if anyone, the results of the testing may be

22 revealed. The court shall notify the defendant of the test

23 results. The court shall also notify the victim if requested by

24 the victim, and if the victim is under the age of 15 and if

25 requested by the victim's parents or legal guardian, the court

26 shall notify the victim's parents or legal guardian of the test

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1 results. The court shall provide information on the

2 availability of HIV testing and counseling at Department of

3 Public Health facilities to all parties to whom the results of

4 the testing are revealed and shall direct the State's Attorney

5 to provide the information to the victim when possible. A

6 State's Attorney may petition the court to obtain the results

7 of any HIV test administered under this Section, and the court

8 shall grant the disclosure if the State's Attorney shows it is

9 relevant in order to prosecute a charge of criminal

10 transmission of HIV under Section 12-5.01 or 12-16.2 of the

11 Criminal Code of 1961 or the Criminal Code of 2012 against the

12 defendant. The court shall order that the cost of any such test

13 shall be paid by the county and may be taxed as costs against

14 the convicted defendant.

15 (g-5) When an inmate is tested for an airborne communicable

16 disease, as determined by the Illinois Department of Public

17 Health including but not limited to tuberculosis, the results

18 of the test shall be personally delivered by the warden or his

19 or her designee in a sealed envelope to the judge of the court

20 in which the inmate must appear for the judge's inspection in

21 camera if requested by the judge. Acting in accordance with the

22 best interests of those in the courtroom, the judge shall have

23 the discretion to determine what if any precautions need to be

24 taken to prevent transmission of the disease in the courtroom.

25 (h) Whenever a defendant is convicted of an offense under

26 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

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1 defendant shall undergo medical testing to determine whether

2 the defendant has been exposed to human immunodeficiency virus

3 (HIV) or any other identified causative agent of acquired

4 immunodeficiency syndrome (AIDS). Except as otherwise provided

5 by law, the results of such test shall be kept strictly

6 confidential by all medical personnel involved in the testing

7 and must be personally delivered in a sealed envelope to the

8 judge of the court in which the conviction was entered for the

9 judge's inspection in camera. Acting in accordance with the

10 best interests of the public, the judge shall have the

11 discretion to determine to whom, if anyone, the results of the

12 testing may be revealed. The court shall notify the defendant

13 of a positive test showing an infection with the human

14 immunodeficiency virus (HIV). The court shall provide

15 information on the availability of HIV testing and counseling

16 at Department of Public Health facilities to all parties to

17 whom the results of the testing are revealed and shall direct

18 the State's Attorney to provide the information to the victim

19 when possible. A State's Attorney may petition the court to

20 obtain the results of any HIV test administered under this

21 Section, and the court shall grant the disclosure if the

22 State's Attorney shows it is relevant in order to prosecute a

23 charge of criminal transmission of HIV under Section 12-5.01 or

24 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

25 2012 against the defendant. The court shall order that the cost

26 of any such test shall be paid by the county and may be taxed as

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1 costs against the convicted defendant.

2 (i) All fines and penalties imposed under this Section for

3 any violation of Chapters 3, 4, 6, and 11 of the Illinois

4 Vehicle Code, or a similar provision of a local ordinance, and

5 any violation of the Child Passenger Protection Act, or a

6 similar provision of a local ordinance, shall be collected and

7 disbursed by the circuit clerk as provided under Section 27.5

8 of the Clerks of Courts Act.

9 (j) In cases when prosecution for any violation of Section

10 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

12 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

13 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

14 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

15 Code of 2012, any violation of the Illinois Controlled

16 Substances Act, any violation of the Cannabis Control Act, or

17 any violation of the Methamphetamine Control and Community

18 Protection Act results in conviction, a disposition of court

19 supervision, or an order of probation granted under Section 10

20 of the Cannabis Control Act, Section 410 of the Illinois

21 Controlled Substances Act, or Section 70 of the Methamphetamine

22 Control and Community Protection Act of a defendant, the court

23 shall determine whether the defendant is employed by a facility

24 or center as defined under the Child Care Act of 1969, a public

25 or private elementary or secondary school, or otherwise works

26 with children under 18 years of age on a daily basis. When a

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1 defendant is so employed, the court shall order the Clerk of

2 the Court to send a copy of the judgment of conviction or order

3 of supervision or probation to the defendant's employer by

4 certified mail. If the employer of the defendant is a school,

5 the Clerk of the Court shall direct the mailing of a copy of

6 the judgment of conviction or order of supervision or probation

7 to the appropriate regional superintendent of schools. The

8 regional superintendent of schools shall notify the State Board

9 of Education of any notification under this subsection.

10 (j-5) A defendant at least 17 years of age who is convicted

11 of a felony and who has not been previously convicted of a

12 misdemeanor or felony and who is sentenced to a term of

13 imprisonment in the Illinois Department of Corrections shall as

14 a condition of his or her sentence be required by the court to

15 attend educational courses designed to prepare the defendant

16 for a high school diploma and to work toward a high school

17 diploma or to work toward passing high school equivalency

18 testing or to work toward completing a vocational training

19 program offered by the Department of Corrections. If a

20 defendant fails to complete the educational training required

21 by his or her sentence during the term of incarceration, the

22 Prisoner Review Board shall, as a condition of mandatory

23 supervised release, require the defendant, at his or her own

24 expense, to pursue a course of study toward a high school

25 diploma or passage of high school equivalency testing. The

26 Prisoner Review Board shall revoke the mandatory supervised

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1 release of a defendant who wilfully fails to comply with this

2 subsection (j-5) upon his or her release from confinement in a

3 penal institution while serving a mandatory supervised release

4 term; however, the inability of the defendant after making a

5 good faith effort to obtain financial aid or pay for the

6 educational training shall not be deemed a wilful failure to

7 comply. The Prisoner Review Board shall recommit the defendant

8 whose mandatory supervised release term has been revoked under

9 this subsection (j-5) as provided in Section 3-3-9. This

10 subsection (j-5) does not apply to a defendant who has a high

11 school diploma or has successfully passed high school

12 equivalency testing. This subsection (j-5) does not apply to a

13 defendant who is determined by the court to be a person with a

14 developmental disability or otherwise mentally incapable of

15 completing the educational or vocational program.

16 (k) (Blank).

17 (l) (A) Except as provided in paragraph (C) of subsection

18 (l), whenever a defendant, who is an alien as defined by the

19 Immigration and Nationality Act, is convicted of any felony or

20 misdemeanor offense, the court after sentencing the defendant

21 may, upon motion of the State's Attorney, hold sentence in

22 abeyance and remand the defendant to the custody of the

23 Attorney General of the United States or his or her designated

24 agent to be deported when:

25 (1) a final order of deportation has been issued

26 against the defendant pursuant to proceedings under the

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1 Immigration and Nationality Act, and

2 (2) the deportation of the defendant would not

3 deprecate the seriousness of the defendant's conduct and

4 would not be inconsistent with the ends of justice.

5 Otherwise, the defendant shall be sentenced as provided in

6 this Chapter V.

7 (B) If the defendant has already been sentenced for a

8 felony or misdemeanor offense, or has been placed on probation

9 under Section 10 of the Cannabis Control Act, Section 410 of

10 the Illinois Controlled Substances Act, or Section 70 of the

11 Methamphetamine Control and Community Protection Act, the

12 court may, upon motion of the State's Attorney to suspend the

13 sentence imposed, commit the defendant to the custody of the

14 Attorney General of the United States or his or her designated

15 agent when:

16 (1) a final order of deportation has been issued

17 against the defendant pursuant to proceedings under the

18 Immigration and Nationality Act, and

19 (2) the deportation of the defendant would not

20 deprecate the seriousness of the defendant's conduct and

21 would not be inconsistent with the ends of justice.

22 (C) This subsection (l) does not apply to offenders who are

23 subject to the provisions of paragraph (2) of subsection (a) of

24 Section 3-6-3.

25 (D) Upon motion of the State's Attorney, if a defendant

26 sentenced under this Section returns to the jurisdiction of the

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1 United States, the defendant shall be recommitted to the

2 custody of the county from which he or she was sentenced.

3 Thereafter, the defendant shall be brought before the

4 sentencing court, which may impose any sentence that was

5 available under Section 5-5-3 at the time of initial

6 sentencing. In addition, the defendant shall not be eligible

7 for additional sentence credit for good conduct as provided

8 under Section 3-6-3.

9 (m) A person convicted of criminal defacement of property

10 under Section 21-1.3 of the Criminal Code of 1961 or the

11 Criminal Code of 2012, in which the property damage exceeds

12 $300 and the property damaged is a school building, shall be

13 ordered to perform community service that may include cleanup,

14 removal, or painting over the defacement.

15 (n) The court may sentence a person convicted of a

16 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

17 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

18 of 1961 or the Criminal Code of 2012 (i) to an impact

19 incarceration program if the person is otherwise eligible for

20 that program under Section 5-8-1.1, (ii) to community service,

21 or (iii) if the person is an addict or alcoholic, as defined in

22 the Alcoholism and Other Drug Abuse and Dependency Act, to a

23 substance or alcohol abuse program licensed under that Act.

24 (o) Whenever a person is convicted of a sex offense as

25 defined in Section 2 of the Sex Offender Registration Act, the

26 defendant's driver's license or permit shall be subject to

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1 renewal on an annual basis in accordance with the provisions of

2 license renewal established by the Secretary of State.

3 (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;

4 99-143, eff. 7-27-15.)

5 (730 ILCS 5/5-9-1.10)

6 Sec. 5-9-1.10. Additional fines. There shall be added to

7 every penalty imposed in sentencing for a violation of Sections

8 24-1.1, 24-1.1-5,24-1.2, or 24-1.5 of the Criminal Code of

9 1961 or the Criminal Code of 2012 an additional fine of $100

10 payable to the clerk, which shall be imposed upon the entry of

11 a judgment of conviction. This additional fee, less 2 1/2% that

12 shall be used to defray administrative costs incurred by the

13 clerk, shall be remitted by the clerk to the Treasurer within

14 60 days after receipt for deposit into the Trauma Center Fund.

15 This additional fee of $100 shall not be considered a part of

16 the fine for purposes of any reduction in the fine for time

17 served either before or after sentencing. Not later than March

18 1 of each year the circuit clerk shall submit a report of the

19 amount of funds remitted to the State Treasurer under this

20 Section during the preceding calendar year. All moneys

21 collected by the circuit clerk and remitted to the State

22 Treasurer under Section 27.6 of the Clerks of Courts Act shall

23 be deposited into the Trauma Center Fund for distribution as

24 provided under Section 3.225 of the Emergency Medical Services

25 (EMS) Systems Act.

HB6193

- 98 -

LRB099 17059 RLC 41417 b

1 (Source: P.A. 97-1150, eff. 1-25-13.)

HB6193

- 99 -

LRB099 17059 RLC 41417 b

INDEX

Statutes amended in order of appearance