102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4190

Introduced , by Rep. Dan Caulkins

SYNOPSIS AS INTRODUCED:

See Index

Creates the Firearm Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which in the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Amends the Juvenile Court Act of 1987. Provides for adult prosecution of a minor who was at least 16 years of age at the time of the offense who is charged with armed robbery or aggravated vehicular hijacking while armed with a firearm. Amends the Criminal Code of 2012 to provide for enhanced penalties for committing various offenses with a firearm. Makes other changes concerning criminal procedure and law enforcement. Amends various other Acts to make conforming changes. Effective immediately as to specified provisions.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL 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 1. Short title. This Act may be cited as the

5 Firearm Crime Charging and Sentencing Accountability and

6 Transparency Act.

7 Section 5. Plea agreement; State's Attorney. In a criminal

8 case, if a defendant is charged with an offense involving the

9 illegal use or possession of a firearm and subsequently enters

10 into a plea agreement in which in the charge will be reduced to

11 a lesser offense or a non-weapons offense in exchange for a

12 plea of guilty, at or before the time of sentencing, the

13 State's Attorney shall file with the court a written statement

14 of his or her reasons in support of the plea agreement, which

15 shall specifically state why the offense or offenses of

16 conviction resulting from the plea agreement do not include

17 the originally charged weapons offense. The written statement

18 shall be part of the court record in the case and a copy shall

19 be provided to any person upon request.

20 Section 10. Sentencing; judge. In a criminal case in which

21 the original charge is or was for an offense involving the

22 illegal use or possession of a firearm, if a defendant pleads

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1 guilty or is found guilty of the original charge or lesser

2 offense or a non-weapons offense, in imposing sentence, the

3 judge shall set forth in a written sentencing order his or her

4 reasons for imposing the sentence or accepting the plea

5 agreement. A copy of the written sentencing order shall be

6 provided to any person upon request.

7 Section 90. The Illinois Criminal Justice Information Act

8 is amended by adding Section 7.10 as follows:

9 (20 ILCS 3930/7.10 new)

10 Sec. 7.10. Crimes concerning the use of a firearm.

11 (a) The Authority shall perform an analysis of criminal

12 justice data to track crimes concerning the use of a firearm as

13 it relates to those criminal acts committed by a convicted

14 felon and the sentences imposed. The analysis shall track

15 crimes concerning the use of a firearm over the past 5 years

16 prior to the effective date of this amendatory Act of the 102nd

17 General Assembly. The Authority shall report, on or before

18 January 1, 2024, the following information in a report to the

19 General Assembly:

20 (1) the number of the people who were arrested for a

21 firearm crime and how many of those people were convicted

22 felons; and

23 (2) the disposition of those cases.

24 (b) This Section is repealed January 1, 2025.

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1 Section 95. The Illinois Police Training Act is amended

2 by changing Section 10.22 as follows:

3 (50 ILCS 705/10.22)

4 (Text of Section before amendment by P.A. 101-652)

5 Sec. 10.22. School resource officers.

6 (a) The Board shall develop or approve a course for school

7 resource officers as defined in Section 10-20.68 of the School

8 Code.

9 (b) The school resource officer course shall be developed

10 within one year after January 1, 2019 (the effective date of

11 Public Act 100-984) and shall be created in consultation with

12 organizations demonstrating expertise and or experience in the

13 areas of youth and adolescent developmental issues,

14 educational administrative issues, prevention of child abuse

15 and exploitation, youth mental health treatment, and juvenile

16 advocacy.

17 (c) The Board shall develop a process allowing law

18 enforcement agencies to request a waiver of this training

19 requirement for any specific individual assigned as a school

20 resource officer. Applications for these waivers may be

21 submitted by a local law enforcement agency chief

22 administrator for any officer whose prior training and

23 experience may qualify for a waiver of the training

24 requirement of this subsection (c). The Board may issue a

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1 waiver at its discretion, based solely on the prior training

2 and experience of an officer.

3 (d) Upon completion, the employing agency shall be issued

4 a certificate attesting to a specific officer's completion of

5 the school resource officer training. Additionally, a letter

6 of approval shall be issued to the employing agency for any

7 officer who is approved for a training waiver under this

8 subsection (d).

9 (e) The Board may offer the school resource officer course

10 developed under this Section to a qualified retired law

11 enforcement officer, as defined under the federal Law

12 Enforcement Officers Safety Act of 2004, for the purpose of

13 employment at a school or school district and may issue, for

14 such purpose, a certificate or waiver in the same manner as

15 provided under this Section for any other officer.

16 (f) Notwithstanding any other provision of law to the

17 contrary, nothing in this Section prohibits a school resource

18 officer or qualified retired law enforcement officer from

19 carrying a firearm.

20 (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)

21 (Text of Section after amendment by P.A. 101-652)

22 Sec. 10.22. School resource officers.

23 (a) The Board shall develop or approve a course for school

24 resource officers as defined in Section 10-20.68 of the School

25 Code.

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1 (b) The school resource officer course shall be developed

2 within one year after January 1, 2019 (the effective date of

3 Public Act 100-984) and shall be created in consultation with

4 organizations demonstrating expertise and or experience in the

5 areas of youth and adolescent developmental issues,

6 educational administrative issues, prevention of child abuse

7 and exploitation, youth mental health treatment, and juvenile

8 advocacy.

9 (c) The Board shall develop a process allowing law

10 enforcement agencies to request a waiver of this training

11 requirement for any specific individual assigned as a school

12 resource officer. Applications for these waivers may be

13 submitted by a local governmental agency chief administrator

14 for any officer whose prior training and experience may

15 qualify for a waiver of the training requirement of this

16 subsection (c). The Board may issue a waiver at its

17 discretion, based solely on the prior training and experience

18 of an officer.

19 (d) Upon completion, the employing agency shall be issued

20 a certificate attesting to a specific officer's completion of

21 the school resource officer training. Additionally, a letter

22 of approval shall be issued to the employing agency for any

23 officer who is approved for a training waiver under this

24 subsection (d).

25 (e) The Board may offer the school resource officer course

26 developed under this Section to a qualified retired law

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1 enforcement officer, as defined under the federal Law

2 Enforcement Officers Safety Act of 2004, for the purpose of

3 employment at a school or school district and may issue, for

4 such purpose, a certificate or waiver in the same manner as

5 provided under this Section for any other officer.

6 (f) Notwithstanding any other provision of law to the

7 contrary, nothing in this Section prohibits a school resource

8 officer or qualified retired law enforcement officer from

9 carrying a firearm.

10 (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19;

11 101-652, eff. 1-1-22.)

12 Section 100. The School Code is amended by changing

13 Section 10-20.68 as follows:

14 (105 ILCS 5/10-20.68)

15 Sec. 10-20.68. School resource officer.

16 (a) In this Section, "school resource officer" means a law

17 enforcement officer who has been primarily assigned to a

18 school or school district under an agreement with a local law

19 enforcement agency.

20 (b) Beginning January 1, 2021, any law enforcement agency

21 that provides a school resource officer under this Section

22 shall provide to the school district a certificate of

23 completion, or approved waiver, issued by the Illinois Law

24 Enforcement Training Standards Board under Section 10.22 of

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1 the Illinois Police Training Act indicating that the subject

2 officer has completed the requisite course of instruction in

3 the applicable subject areas within one year of assignment, or

4 has prior experience and training which satisfies this

5 requirement.

6 (c) In an effort to defray the related costs, any law

7 enforcement agency that provides a school resource officer

8 should apply for grant funding through the federal Community

9 Oriented Policing Services grant program.

10 (d) Beginning January 1, 2023, a school or school district

11 may employ a qualified retired law enforcement officer, as

12 defined under the federal Law Enforcement Officers Safety Act

13 of 2004, who obtains a certificate of completion or approved

14 waiver under Section 10.22 of the Illinois Police Training Act

15 to carry out the duties of a school resource officer.

16 (e) Notwithstanding any other provision of law to the

17 contrary, nothing in this Section prohibits a school resource

18 officer or qualified retired law enforcement officer from

19 carrying a firearm.

20 (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)

21 Section 105. The Juvenile Court Act of 1987 is amended by

22 changing Sections 5-130, 5-410, and 5-750 as follows:

23 (705 ILCS 405/5-130)

24 Sec. 5-130. Excluded jurisdiction.

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1 (1)(a) The definition of delinquent minor under Section

2 5-120 of this Article shall not apply to any minor who at the

3 time of an offense was at least 16 years of age and who is

4 charged with: (i) first degree murder, (ii) aggravated

5 criminal sexual assault, ~~or~~ (iii) aggravated battery with a

6 firearm as described in Section 12-4.2 or subdivision (e)(1),

7 (e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor

8 personally discharged a firearm as defined in Section 2-15.5

9 of the Criminal Code of 1961 or the Criminal Code of 2012, (iv)

10 aggravated vehicular hijacking under paragraph (4), (5), or

11 (6) of subsection (a) of Section 18-4 of the Criminal Code of

12 2012, or (v) armed robbery under paragraph (2), (3), or (4) of

13 subsection (a) of Section 18-2 of the Criminal Code of 2012.

14 These charges and all other charges arising out of the

15 same incident shall be prosecuted under the criminal laws of

16 this State.

17 (b)(i) If before trial or plea an information or

18 indictment is filed that does not charge an offense specified

19 in paragraph (a) of this subsection (1) the State's Attorney

20 may proceed on any lesser charge or charges, but only in

21 Juvenile Court under the provisions of this Article. The

22 State's Attorney may proceed on a lesser charge if before

23 trial the minor defendant knowingly and with advice of counsel

24 waives, in writing, his or her right to have the matter proceed

25 in Juvenile Court.

26 (ii) If before trial or plea an information or indictment

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1 is filed that includes one or more charges specified in

2 paragraph (a) of this subsection (1) and additional charges

3 that are not specified in that paragraph, all of the charges

4 arising out of the same incident shall be prosecuted under the

5 Criminal Code of 1961 or the Criminal Code of 2012.

6 (c)(i) If after trial or plea the minor is convicted of any

7 offense covered by paragraph (a) of this subsection (1), then,

8 in sentencing the minor, the court shall sentence the minor

9 under Section 5-4.5-105 of the Unified Code of Corrections.

10 (ii) If after trial or plea the court finds that the minor

11 committed an offense not covered by paragraph (a) of this

12 subsection (1), that finding shall not invalidate the verdict

13 or the prosecution of the minor under the criminal laws of the

14 State; however, unless the State requests a hearing for the

15 purpose of sentencing the minor under Chapter V of the Unified

16 Code of Corrections, the Court must proceed under Sections

17 5-705 and 5-710 of this Article. To request a hearing, the

18 State must file a written motion within 10 days following the

19 entry of a finding or the return of a verdict. Reasonable

20 notice of the motion shall be given to the minor or his or her

21 counsel. If the motion is made by the State, the court shall

22 conduct a hearing to determine if the minor should be

23 sentenced under Chapter V of the Unified Code of Corrections.

24 In making its determination, the court shall consider among

25 other matters: (a) whether there is evidence that the offense

26 was committed in an aggressive and premeditated manner; (b)

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1 the age of the minor; (c) the previous history of the minor;

2 (d) whether there are facilities particularly available to the

3 Juvenile Court or the Department of Juvenile Justice for the

4 treatment and rehabilitation of the minor; (e) whether the

5 security of the public requires sentencing under Chapter V of

6 the Unified Code of Corrections; and (f) whether the minor

7 possessed a deadly weapon when committing the offense. The

8 rules of evidence shall be the same as if at trial. If after

9 the hearing the court finds that the minor should be sentenced

10 under Chapter V of the Unified Code of Corrections, then the

11 court shall sentence the minor under Section 5-4.5-105 of the

12 Unified Code of Corrections.

13 (2) (Blank).

14 (3) (Blank).

15 (4) (Blank).

16 (5) (Blank).

17 (6) (Blank).

18 (7) The procedures set out in this Article for the

19 investigation, arrest and prosecution of juvenile offenders

20 shall not apply to minors who are excluded from jurisdiction

21 of the Juvenile Court, except that minors under 18 years of age

22 shall be kept separate from confined adults.

23 (8) Nothing in this Act prohibits or limits the

24 prosecution of any minor for an offense committed on or after

25 his or her 18th birthday even though he or she is at the time

26 of the offense a ward of the court.

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1 (9) If an original petition for adjudication of wardship

2 alleges the commission by a minor 13 years of age or over of an

3 act that constitutes a crime under the laws of this State, the

4 minor, with the consent of his or her counsel, may, at any time

5 before commencement of the adjudicatory hearing, file with the

6 court a motion that criminal prosecution be ordered and that

7 the petition be dismissed insofar as the act or acts involved

8 in the criminal proceedings are concerned. If such a motion is

9 filed as herein provided, the court shall enter its order

10 accordingly.

11 (10) If, prior to August 12, 2005 (the effective date of

12 Public Act 94-574), a minor is charged with a violation of

13 Section 401 of the Illinois Controlled Substances Act under

14 the criminal laws of this State, other than a minor charged

15 with a Class X felony violation of the Illinois Controlled

16 Substances Act or the Methamphetamine Control and Community

17 Protection Act, any party including the minor or the court sua

18 sponte may, before trial, move for a hearing for the purpose of

19 trying and sentencing the minor as a delinquent minor. To

20 request a hearing, the party must file a motion prior to trial.

21 Reasonable notice of the motion shall be given to all parties.

22 On its own motion or upon the filing of a motion by one of the

23 parties including the minor, the court shall conduct a hearing

24 to determine whether the minor should be tried and sentenced

25 as a delinquent minor under this Article. In making its

26 determination, the court shall consider among other matters:

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1 (a) The age of the minor;

2 (b) Any previous delinquent or criminal history of the

3 minor;

4 (c) Any previous abuse or neglect history of the

5 minor;

6 (d) Any mental health or educational history of the

7 minor, or both; and

8 (e) Whether there is probable cause to support the

9 charge, whether the minor is charged through

10 accountability, and whether there is evidence the minor

11 possessed a deadly weapon or caused serious bodily harm

12 during the offense.

13 Any material that is relevant and reliable shall be

14 admissible at the hearing. In all cases, the judge shall enter

15 an order permitting prosecution under the criminal laws of

16 Illinois unless the judge makes a finding based on a

17 preponderance of the evidence that the minor would be amenable

18 to the care, treatment, and training programs available

19 through the facilities of the juvenile court based on an

20 evaluation of the factors listed in this subsection (10).

21 (11) The changes made to this Section by Public Act 98-61

22 apply to a minor who has been arrested or taken into custody on

23 or after January 1, 2014 (the effective date of Public Act

24 98-61).

25 (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;

26 99-258, eff. 1-1-16.)

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1 (705 ILCS 405/5-410)

2 Sec. 5-410. Non-secure custody or detention.

3 (1) Any minor arrested or taken into custody pursuant to

4 this Act who requires care away from his or her home but who

5 does not require physical restriction shall be given temporary

6 care in a foster family home or other shelter facility

7 designated by the court.

8 (2) (a) Any minor 10 years of age or older arrested

9 pursuant to this Act where there is probable cause to believe

10 that the minor is a delinquent minor and that (i) secure

11 custody is a matter of immediate and urgent necessity for the

12 protection of the minor or of the person or property of

13 another, (ii) the minor is likely to flee the jurisdiction of

14 the court, or (iii) the minor was taken into custody under a

15 warrant, may be kept or detained in an authorized detention

16 facility. A minor under 13 years of age shall not be admitted,

17 kept, or detained in a detention facility unless a local youth

18 service provider, including a provider through the

19 Comprehensive Community Based Youth Services network, has been

20 contacted and has not been able to accept the minor. No minor

21 under 12 years of age shall be detained in a county jail or a

22 municipal lockup for more than 6 hours.

23 (a-5) For a minor arrested or taken into custody for

24 vehicular hijacking or aggravated vehicular hijacking, a

25 previous finding of delinquency for vehicular hijacking or

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1 aggravated vehicular hijacking shall be given greater weight

2 in determining whether secured custody of a minor is a matter

3 of immediate and urgent necessity for the protection of the

4 minor or of the person or property of another.

5 (b) The written authorization of the probation officer or

6 detention officer (or other public officer designated by the

7 court in a county having 3,000,000 or more inhabitants)

8 constitutes authority for the superintendent of any juvenile

9 detention home to detain and keep a minor for up to 40 hours,

10 excluding Saturdays, Sundays, and court-designated holidays.

11 These records shall be available to the same persons and

12 pursuant to the same conditions as are law enforcement records

13 as provided in Section 5-905.

14 (b-4) The consultation required by paragraph (b-5) shall

15 not be applicable if the probation officer or detention

16 officer (or other public officer designated by the court in a

17 county having 3,000,000 or more inhabitants) utilizes a

18 scorable detention screening instrument, which has been

19 developed with input by the State's Attorney, to determine

20 whether a minor should be detained, however, paragraph (b-5)

21 shall still be applicable where no such screening instrument

22 is used or where the probation officer, detention officer (or

23 other public officer designated by the court in a county

24 having 3,000,000 or more inhabitants) deviates from the

25 screening instrument.

26 (b-5) Subject to the provisions of paragraph (b-4), if a

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1 probation officer or detention officer (or other public

2 officer designated by the court in a county having 3,000,000

3 or more inhabitants) does not intend to detain a minor for an

4 offense which constitutes one of the following offenses he or

5 she shall consult with the State's Attorney's Office prior to

6 the release of the minor: first degree murder, second degree

7 murder, involuntary manslaughter, criminal sexual assault,

8 aggravated criminal sexual assault, aggravated battery with a

9 firearm as described in Section 12-4.2 or subdivision (e)(1),

10 (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or

11 heinous battery involving permanent disability or

12 disfigurement or great bodily harm, robbery, aggravated

13 robbery, armed robbery, ~~vehicular hijacking, aggravated~~

14 ~~vehicular hijacking,~~vehicular invasion, arson, aggravated

15 arson, kidnapping, aggravated kidnapping, home invasion,

16 burglary, or residential burglary. Any minor 10 years of age

17 or older arrested or taken into custody under this Act for

18 vehicular hijacking or aggravated vehicular hijacking shall be

19 detained in an authorized detention facility until a detention

20 or shelter care hearing is held to determine if there is

21 probable cause to believe that the minor is a delinquent minor

22 and that: (1) secure custody is a matter of immediate and

23 urgent necessity for the protection of the minor or of the

24 person or property of another; (2) the minor is likely to flee

25 the jurisdiction of the court; or (3) the minor was taken into

26 custody under a warrant. If the court makes that

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1 determination, the minor shall continue to be held until the

2 disposition of an adjudicatory hearing under this Article.

3 (c) Except as otherwise provided in paragraph (a), (d), or

4 (e), no minor shall be detained in a county jail or municipal

5 lockup for more than 12 hours, unless the offense is a crime of

6 violence in which case the minor may be detained up to 24

7 hours. For the purpose of this paragraph, "crime of violence"

8 has the meaning ascribed to it in Section 1-10 of the

9 Alcoholism and Other Drug Abuse and Dependency Act.

10 (i) The period of detention is deemed to have begun

11 once the minor has been placed in a locked room or cell or

12 handcuffed to a stationary object in a building housing a

13 county jail or municipal lockup. Time spent transporting a

14 minor is not considered to be time in detention or secure

15 custody.

16 (ii) Any minor so confined shall be under periodic

17 supervision and shall not be permitted to come into or

18 remain in contact with adults in custody in the building.

19 (iii) Upon placement in secure custody in a jail or

20 lockup, the minor shall be informed of the purpose of the

21 detention, the time it is expected to last and the fact

22 that it cannot exceed the time specified under this Act.

23 (iv) A log shall be kept which shows the offense which

24 is the basis for the detention, the reasons and

25 circumstances for the decision to detain, and the length

26 of time the minor was in detention.

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1 (v) Violation of the time limit on detention in a

2 county jail or municipal lockup shall not, in and of

3 itself, render inadmissible evidence obtained as a result

4 of the violation of this time limit. Minors under 18 years

5 of age shall be kept separate from confined adults and may

6 not at any time be kept in the same cell, room, or yard

7 with adults confined pursuant to criminal law. Persons 18

8 years of age and older who have a petition of delinquency

9 filed against them may be confined in an adult detention

10 facility. In making a determination whether to confine a

11 person 18 years of age or older who has a petition of

12 delinquency filed against the person, these factors, among

13 other matters, shall be considered:

14 (A) the age of the person;

15 (B) any previous delinquent or criminal history of

16 the person;

17 (C) any previous abuse or neglect history of the

18 person; and

19 (D) any mental health or educational history of

20 the person, or both.

21 (d) (i) If a minor 12 years of age or older is confined in

22 a county jail in a county with a population below 3,000,000

23 inhabitants, then the minor's confinement shall be implemented

24 in such a manner that there will be no contact by sight, sound,

25 or otherwise between the minor and adult prisoners. Minors 12

26 years of age or older must be kept separate from confined

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1 adults and may not at any time be kept in the same cell, room,

2 or yard with confined adults. This paragraph (d)(i) shall only

3 apply to confinement pending an adjudicatory hearing and shall

4 not exceed 40 hours, excluding Saturdays, Sundays, and

5 court-designated holidays. To accept or hold minors during

6 this time period, county jails shall comply with all

7 monitoring standards adopted by the Department of Corrections

8 and training standards approved by the Illinois Law

9 Enforcement Training Standards Board.

10 (ii) To accept or hold minors, 12 years of age or older,

11 after the time period prescribed in paragraph (d)(i) of this

12 subsection (2) of this Section but not exceeding 7 days

13 including Saturdays, Sundays, and holidays pending an

14 adjudicatory hearing, county jails shall comply with all

15 temporary detention standards adopted by the Department of

16 Corrections and training standards approved by the Illinois

17 Law Enforcement Training Standards Board.

18 (iii) To accept or hold minors 12 years of age or older,

19 after the time period prescribed in paragraphs (d)(i) and

20 (d)(ii) of this subsection (2) of this Section, county jails

21 shall comply with all county juvenile detention standards

22 adopted by the Department of Juvenile Justice.

23 (e) When a minor who is at least 15 years of age is

24 prosecuted under the criminal laws of this State, the court

25 may enter an order directing that the juvenile be confined in

26 the county jail. However, any juvenile confined in the county

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1 jail under this provision shall be separated from adults who

2 are confined in the county jail in such a manner that there

3 will be no contact by sight, sound or otherwise between the

4 juvenile and adult prisoners.

5 (f) For purposes of appearing in a physical lineup, the

6 minor may be taken to a county jail or municipal lockup under

7 the direct and constant supervision of a juvenile police

8 officer. During such time as is necessary to conduct a lineup,

9 and while supervised by a juvenile police officer, the sight

10 and sound separation provisions shall not apply.

11 (g) For purposes of processing a minor, the minor may be

12 taken to a county jail or municipal lockup under the direct and

13 constant supervision of a law enforcement officer or

14 correctional officer. During such time as is necessary to

15 process the minor, and while supervised by a law enforcement

16 officer or correctional officer, the sight and sound

17 separation provisions shall not apply.

18 (3) If the probation officer or State's Attorney (or such

19 other public officer designated by the court in a county

20 having 3,000,000 or more inhabitants) determines that the

21 minor may be a delinquent minor as described in subsection (3)

22 of Section 5-105, and should be retained in custody but does

23 not require physical restriction, the minor may be placed in

24 non-secure custody for up to 40 hours pending a detention

25 hearing.

26 (4) Any minor taken into temporary custody, not requiring

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1 secure detention, may, however, be detained in the home of his

2 or her parent or guardian subject to such conditions as the

3 court may impose.

4 (5) The changes made to this Section by Public Act 98-61

5 apply to a minor who has been arrested or taken into custody on

6 or after January 1, 2014 (the effective date of Public Act

7 98-61).

8 (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)

9 (705 ILCS 405/5-750)

10 Sec. 5-750. Commitment to the Department of Juvenile

11 Justice.

12 (1) Except as provided in subsection (2) of this Section,

13 when any delinquent has been adjudged a ward of the court under

14 this Act, the court may commit him or her to the Department of

15 Juvenile Justice, if it finds that (a) his or her parents,

16 guardian or legal custodian are unfit or are unable, for some

17 reason other than financial circumstances alone, to care for,

18 protect, train or discipline the minor, or are unwilling to do

19 so, and the best interests of the minor and the public will not

20 be served by placement under Section 5-740, or it is necessary

21 to ensure the protection of the public from the consequences

22 of criminal activity of the delinquent; and (b) commitment to

23 the Department of Juvenile Justice is the least restrictive

24 alternative based on evidence that efforts were made to locate

25 less restrictive alternatives to secure confinement and the

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1 reasons why efforts were unsuccessful in locating a less

2 restrictive alternative to secure confinement. Before the

3 court commits a minor to the Department of Juvenile Justice,

4 it shall make a finding that secure confinement is necessary,

5 following a review of the following individualized factors:

6 (A) Age of the minor.

7 (B) Criminal background of the minor.

8 (C) Review of results of any assessments of the minor,

9 including child centered assessments such as the CANS.

10 (D) Educational background of the minor, indicating

11 whether the minor has ever been assessed for a learning

12 disability, and if so what services were provided as well

13 as any disciplinary incidents at school.

14 (E) Physical, mental and emotional health of the

15 minor, indicating whether the minor has ever been

16 diagnosed with a health issue and if so what services were

17 provided and whether the minor was compliant with

18 services.

19 (F) Community based services that have been provided

20 to the minor, and whether the minor was compliant with the

21 services, and the reason the services were unsuccessful.

22 (G) Services within the Department of Juvenile Justice

23 that will meet the individualized needs of the minor.

24 (1.5) Before the court commits a minor to the Department

25 of Juvenile Justice, the court must find reasonable efforts

26 have been made to prevent or eliminate the need for the minor

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1 to be removed from the home, or reasonable efforts cannot, at

2 this time, for good cause, prevent or eliminate the need for

3 removal, and removal from home is in the best interests of the

4 minor, the minor's family, and the public.

5 (2) When a minor of the age of at least 13 years is

6 adjudged delinquent for the offense of: (i) first degree

7 murder; (ii) attempted first degree murder; or (iii) any

8 offense involving the use or discharge of a firearm upon

9 school grounds or any part of a building or grounds used for

10 school purposes, including any conveyance owned, leased, or

11 contracted by a school to transport students to or from school

12 or a school related activity that results in bodily injury or

13 death to any person, the court shall declare the minor a ward

14 of the court and order the minor committed to the Department of

15 Juvenile Justice until the minor's 21st birthday, without the

16 possibility of aftercare release, furlough, or non-emergency

17 authorized absence for a period of 5 years from the date the

18 minor was committed to the Department of Juvenile Justice,

19 except that the time that a minor spent in custody for the

20 instant offense before being committed to the Department of

21 Juvenile Justice shall be considered as time credited towards

22 that 5 year period. Upon release from a Department facility, a

23 minor adjudged delinquent for first degree murder shall be

24 placed on aftercare release until the age of 21, unless sooner

25 discharged from aftercare release or custodianship is

26 otherwise terminated in accordance with this Act or as

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1 otherwise provided for by law. Nothing in this subsection (2)

2 shall preclude the State's Attorney from seeking to prosecute

3 a minor as an adult as an alternative to proceeding under this

4 Act.

5 (3) Except as provided in subsection (2), the commitment

6 of a delinquent to the Department of Juvenile Justice shall be

7 for an indeterminate term which shall automatically terminate

8 upon the delinquent attaining the age of 21 years or upon

9 completion of that period for which an adult could be

10 committed for the same act, whichever occurs sooner, unless

11 the delinquent is sooner discharged from aftercare release or

12 custodianship is otherwise terminated in accordance with this

13 Act or as otherwise provided for by law.

14 (3.5) Every delinquent minor committed to the Department

15 of Juvenile Justice under this Act shall be eligible for

16 aftercare release without regard to the length of time the

17 minor has been confined or whether the minor has served any

18 minimum term imposed. Aftercare release shall be administered

19 by the Department of Juvenile Justice, under the direction of

20 the Director. Unless sooner discharged, the Department of

21 Juvenile Justice shall discharge a minor from aftercare

22 release upon completion of the following aftercare release

23 terms:

24 (a) One and a half years from the date a minor is

25 released from a Department facility, if the minor was

26 committed for a Class X felony;

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1 (b) One year from the date a minor is released from a

2 Department facility, if the minor was committed for a

3 Class 1 or 2 felony; and

4 (c) Six months from the date a minor is released from a

5 Department facility, if the minor was committed for a

6 Class 3 felony or lesser offense.

7 (4) When the court commits a minor to the Department of

8 Juvenile Justice, it shall order him or her conveyed forthwith

9 to the appropriate reception station or other place designated

10 by the Department of Juvenile Justice, and shall appoint the

11 Director of Juvenile Justice legal custodian of the minor. The

12 clerk of the court shall issue to the Director of Juvenile

13 Justice a certified copy of the order, which constitutes proof

14 of the Director's authority. No other process need issue to

15 warrant the keeping of the minor.

16 (5) If a minor is committed to the Department of Juvenile

17 Justice, the clerk of the court shall forward to the

18 Department:

19 (a) the sentencing order and copies of committing

20 petition;

21 (b) all reports;

22 (c) the court's statement of the basis for ordering

23 the disposition;

24 (d) any sex offender evaluations;

25 (e) any risk assessment or substance abuse treatment

26 eligibility screening and assessment of the minor by an

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1 agent designated by the State to provide assessment

2 services for the courts;

3 (f) the number of days, if any, which the minor has

4 been in custody and for which he or she is entitled to

5 credit against the sentence, which information shall be

6 provided to the clerk by the sheriff;

7 (g) any medical or mental health records or summaries

8 of the minor;

9 (h) the municipality where the arrest of the minor

10 occurred, the commission of the offense occurred, and the

11 minor resided at the time of commission;

12 (h-5) a report detailing the minor's criminal history

13 in a manner and form prescribed by the Department of

14 Juvenile Justice;

15 (i) all additional matters which the court directs the

16 clerk to transmit; and

17 (j) all police reports for sex offenses as defined by

18 the Sex Offender Management Board Act.

19 (6) Whenever the Department of Juvenile Justice lawfully

20 discharges from its custody and control a minor committed to

21 it, the Director of Juvenile Justice shall petition the court

22 for an order terminating his or her custodianship. The

23 custodianship shall terminate automatically 30 days after

24 receipt of the petition unless the court orders otherwise.

25 (7) If, while on aftercare release, a minor committed to

26 the Department of Juvenile Justice who resides in this State

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1 is charged under the criminal laws of this State, the criminal

2 laws of any other state, or federal law with an offense that

3 could result in a sentence of imprisonment within the

4 Department of Corrections, the penal system of any state, or

5 the federal Bureau of Prisons, the commitment to the

6 Department of Juvenile Justice and all rights and duties

7 created by that commitment are automatically suspended pending

8 final disposition of the criminal charge. If the minor is

9 found guilty of the criminal charge and sentenced to a term of

10 imprisonment in the penitentiary system of the Department of

11 Corrections, the penal system of any state, or the federal

12 Bureau of Prisons, the commitment to the Department of

13 Juvenile Justice shall be automatically terminated. If the

14 criminal charge is dismissed, the minor is found not guilty,

15 or the minor completes a criminal sentence other than

16 imprisonment within the Department of Corrections, the penal

17 system of any state, or the federal Bureau of Prisons, the

18 previously imposed commitment to the Department of Juvenile

19 Justice and the full aftercare release term shall be

20 automatically reinstated unless custodianship is sooner

21 terminated. Nothing in this subsection (7) shall preclude the

22 court from ordering another sentence under Section 5-710 of

23 this Act or from terminating the Department's custodianship

24 while the commitment to the Department is suspended.

25 (Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)

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1 Section 110. The Criminal Code of 2012 is amended by

2 changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, 24-3, and

3 24-3.7 as follows:

4 (720 ILCS 5/18-4)

5 Sec. 18-4. Aggravated vehicular hijacking.

6 (a) A person commits aggravated vehicular hijacking when

7 he or she violates Section 18-3; and

8 (1) the person from whose immediate presence the motor

9 vehicle is taken is a person with a physical disability or

10 a person 60 years of age or over; or

11 (2) a person under 16 years of age is a passenger in

12 the motor vehicle at the time of the offense; or

13 (3) he or she carries on or about his or her person, or

14 is otherwise armed with a dangerous weapon, other than a

15 firearm; or

16 (4) he or she carries on or about his or her person or

17 is otherwise armed with a firearm; or

18 (5) he or she, during the commission of the offense,

19 personally discharges a firearm; or

20 (6) he or she, during the commission of the offense,

21 personally discharges a firearm that proximately causes

22 great bodily harm, permanent disability, permanent

23 disfigurement, or death to another person.

24 (b) Sentence. Aggravated vehicular hijacking is a Class X

25 felony for a first offense for which a term of imprisonment of

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1 not less than 10 years and not more than 60 years shall be

2 imposed. A second or subsequent offense is a Class X felony for

3 which a term of natural life imprisonment shall be imposed ~~in~~

4 ~~violation of subsections (a)(1) or (a)(2) is a Class X felony.~~

5 ~~A violation of subsection (a)(3) is a Class X felony for which~~

6 ~~a term of imprisonment of not less than 7 years shall be~~

7 ~~imposed. A violation of subsection (a)(4) is a Class X felony~~

8 ~~for which 15 years shall be added to the term of imprisonment~~

9 ~~imposed by the court. A violation of subsection (a)(5) is a~~

10 ~~Class X felony for which 20 years shall be added to the term of~~

11 ~~imprisonment imposed by the court. A violation of subsection~~

12 ~~(a)(6) is a Class X felony for which 25 years or up to a term~~

13 ~~of natural life shall be added to the term of imprisonment~~

14 ~~imposed by the court~~.

15 (Source: P.A. 99-143, eff. 7-27-15.)

16 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

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

18 felons or persons in the custody of the Department of

19 Corrections facilities.

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

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

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

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

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

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

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1 person has been granted relief by the Director of the Illinois

2 State Police under Section 10 of the Firearm Owners

3 Identification Card Act.

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

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

6 Corrections, to possess any weapon prohibited under Section

7 24-1 of this Code or any firearm or firearm ammunition,

8 regardless of the intent with which he possesses it.

9 (c) It shall be an affirmative defense to a violation of

10 subsection (b), that such possession was specifically

11 authorized by rule, regulation, or directive of the Illinois

12 Department of Corrections or order issued pursuant thereto.

13 (d) The defense of necessity is not available to a person

14 who is charged with a violation of subsection (b) of this

15 Section.

16 (e) Sentence. Violation of this Section is a Class X

17 felony for a first offense for which a term of imprisonment of

18 not less than 10 years shall be imposed. A second or subsequent

19 offense is a Class X felony for which a term of natural life

20 imprisonment shall be imposed ~~by a person not confined in a~~

21 ~~penal institution shall be a Class 3 felony for which the~~

22 ~~person shall be sentenced to no less than 2 years and no more~~

23 ~~than 10 years. A second or subsequent violation of this~~

24 ~~Section shall be a Class 2 felony for which the person shall be~~

25 ~~sentenced to a term of imprisonment of not less than 3 years~~

26 ~~and not more than 14 years, except as provided for in Section~~

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1 ~~5-4.5-110 of the Unified Code of Corrections. Violation of~~

2 ~~this Section by a person not confined in a penal institution~~

3 ~~who has been convicted of a forcible felony, a felony~~

4 ~~violation of Article 24 of this Code or of the Firearm Owners~~

5 ~~Identification Card Act, stalking or aggravated stalking, or a~~

6 ~~Class 2 or greater felony under the Illinois Controlled~~

7 ~~Substances Act, the Cannabis Control Act, or the~~

8 ~~Methamphetamine Control and Community Protection Act is a~~

9 ~~Class 2 felony for which the person shall be sentenced to not~~

10 ~~less than 3 years and not more than 14 years, except as~~

11 ~~provided for in Section 5-4.5-110 of the Unified Code of~~

12 ~~Corrections. Violation of this Section by a person who is on~~

13 ~~parole or mandatory supervised release is a Class 2 felony for~~

14 ~~which the person shall be sentenced to not less than 3 years~~

15 ~~and not more than 14 years, except as provided for in Section~~

16 ~~5-4.5-110 of the Unified Code of Corrections. Violation of~~

17 ~~this Section by a person not confined in a penal institution is~~

18 ~~a Class X felony when the firearm possessed is a machine gun.~~

19 ~~Any person who violates this Section while confined in a penal~~

20 ~~institution, which is a facility of the Illinois Department of~~

21 ~~Corrections, is guilty of a Class 1 felony, if he possesses any~~

22 ~~weapon prohibited under Section 24-1 of this Code regardless~~

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

24 ~~he possesses any firearm, firearm ammunition or explosive, and~~

25 ~~a Class X felony for which the offender shall be sentenced to~~

26 ~~not less than 12 years and not more than 50 years when the~~

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1 ~~firearm possessed is a machine gun. A violation of this~~

2 ~~Section while wearing or in possession of body armor as~~

3 ~~defined in Section 33F-1 is a Class X felony punishable by a~~

4 ~~term of imprisonment of not less than 10 years and not more~~

5 ~~than 40 years.~~The possession of each firearm or firearm

6 ammunition in violation of this Section constitutes a single

7 and separate violation.

8 (Source: P.A. 102-538, eff. 8-20-21.)

9 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)

10 Sec. 24-1.2. Aggravated discharge of a firearm.

11 (a) A person commits aggravated discharge of a firearm

12 when he or she knowingly or intentionally:

13 (1) Discharges a firearm at or into a building he or

14 she knows or reasonably should know to be occupied and the

15 firearm is discharged from a place or position outside

16 that building;

17 (2) Discharges a firearm in the direction of another

18 person or in the direction of a vehicle he or she knows or

19 reasonably should know to be occupied by a person;

20 (3) Discharges a firearm in the direction of a person

21 he or she knows to be a peace officer, a community policing

22 volunteer, a correctional institution employee, or a

23 fireman while the officer, volunteer, employee or fireman

24 is engaged in the execution of any of his or her official

25 duties, or to prevent the officer, volunteer, employee or

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1 fireman from performing his or her official duties, or in

2 retaliation for the officer, volunteer, employee or

3 fireman performing his or her official duties;

4 (4) Discharges a firearm in the direction of a vehicle

5 he or she knows to be occupied by a peace officer, a person

6 summoned or directed by a peace officer, a correctional

7 institution employee or a fireman while the officer,

8 employee or fireman is engaged in the execution of any of

9 his or her official duties, or to prevent the officer,

10 employee or fireman from performing his or her official

11 duties, or in retaliation for the officer, employee or

12 fireman performing his or her official duties;

13 (5) Discharges a firearm in the direction of a person

14 he or she knows to be emergency medical services personnel

15 who is engaged in the execution of any of his or her

16 official duties, or to prevent the emergency medical

17 services personnel from performing his or her official

18 duties, or in retaliation for the emergency medical

19 services personnel performing his or her official duties;

20 (6) Discharges a firearm in the direction of a vehicle

21 he or she knows to be occupied by emergency medical

22 services personnel while the emergency medical services

23 personnel is engaged in the execution of any of his or her

24 official duties, or to prevent the emergency medical

25 services personnel from performing his or her official

26 duties, or in retaliation for the emergency medical

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1 services personnel performing his or her official duties;

2 (7) Discharges a firearm in the direction of a person

3 he or she knows to be a teacher or other person employed in

4 any school and the teacher or other employee is upon the

5 grounds of a school or grounds adjacent to a school, or is

6 in any part of a building used for school purposes;

7 (8) Discharges a firearm in the direction of a person

8 he or she knows to be an emergency management worker while

9 the emergency management worker is engaged in the

10 execution of any of his or her official duties, or to

11 prevent the emergency management worker from performing

12 his or her official duties, or in retaliation for the

13 emergency management worker performing his or her official

14 duties; ~~or~~

15 (9) Discharges a firearm in the direction of a vehicle

16 he or she knows to be occupied by an emergency management

17 worker while the emergency management worker is engaged in

18 the execution of any of his or her official duties, or to

19 prevent the emergency management worker from performing

20 his or her official duties, or in retaliation for the

21 emergency management worker performing his or her official

22 duties; ~~.~~

23 (10) discharges a firearm in the direction of a person

24 he or she knows to be a person under 18 years old;

25 (11) discharges a firearm in the direction of a person

26 he or she knows to be a veteran;

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1 (12) discharges a firearm in the direction of a person

2 he or she knows to be 60 years of age or older;

3 (13) discharges a firearm in the direction of a person

4 he or she knows to be pregnant or has a physical

5 disability;

6 (14) discharges a firearm in the direction of a person

7 he or she knows to be gathering for worship;

8 (15) discharges a firearm in the direction of a person

9 he or she knows to be boarding or riding public transit;

10 (16) discharges a firearm in the direction of a person

11 he or she knows to be a student at an institution of higher

12 education;

13 (17) discharges a firearm in the direction of a person

14 who is in a public roadway, park, public housing, school,

15 building under the control of the State or a unit of local

16 government, church, hospital, nursing home, or any bus,

17 train, or form of transportation paid for in whole or in

18 part with public funds, or any building, real property, or

19 parking area under the control of a public transportation

20 facility paid for in whole or in part with public funds; or

21 (18) discharges a firearm during the commission or

22 attempted commission of vehicular hijacking.

23 (b) A violation of subsection (a)(1) or subsection (a)(2)

24 of this Section is a Class 1 felony. A violation of subsection

25 (a)(1) or (a)(2) of this Section committed in a school, on the

26 real property comprising a school, within 1,000 feet of the

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1 real property comprising a school, at a school related

2 activity or on or within 1,000 feet of any conveyance owned,

3 leased, or contracted by a school to transport students to or

4 from school or a school related activity, regardless of the

5 time of day or time of year that the offense was committed is a

6 Class X felony. A violation of subsection (a)(3), (a)(4),

7 (a)(5), (a)(6), (a)(7), (a)(8), ~~or~~ (a)(9), (a)(10), (a)(11),

8 (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or

9 (a)(18)of this Section is a Class X felony for which the

10 sentence shall be a term of imprisonment of no less than 10

11 years and not more than 45 years.

12 (c) For purposes of this Section:

13 "Emergency medical services personnel" has the meaning

14 specified in Section 3.5 of the Emergency Medical Services

15 (EMS) Systems Act and shall include all ambulance crew

16 members, including drivers or pilots.

17 "School" means a public or private elementary or secondary

18 school, community college, college, or university.

19 "School related activity" means any sporting, social,

20 academic, or other activity for which students' attendance or

21 participation is sponsored, organized, or funded in whole or

22 in part by a school or school district.

23 (Source: P.A. 99-816, eff. 8-15-16.)

24 (720 ILCS 5/24-1.7)

25 Sec. 24-1.7. Armed habitual criminal.

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1 (a) A person commits the offense of being an armed

2 habitual criminal if he or she receives, sells, possesses, or

3 transfers any firearm after having been convicted a total of 2

4 or more times of any combination of the following offenses:

5 (1) a forcible felony as defined in Section 2-8 of

6 this Code;

7 (2) unlawful use of a weapon by a felon; aggravated

8 unlawful use of a weapon; aggravated discharge of a

9 firearm; vehicular hijacking; aggravated vehicular

10 hijacking; aggravated battery of a child as described in

11 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

12 intimidation; aggravated intimidation; gunrunning; home

13 invasion; or aggravated battery with a firearm as

14 described in Section 12-4.2 or subdivision (e)(1), (e)(2),

15 (e)(3), or (e)(4) of Section 12-3.05; or

16 (3) any violation of the Illinois Controlled

17 Substances Act or the Cannabis Control Act that is

18 punishable as a Class 3 felony or higher.

19 (b) Sentence. Being an armed habitual criminal is a Class

20 X felonyfor a first offense for which a term of imprisonment

21 of not less than 10 years and not more than 30 years shall be

22 imposed. A second or subsequent offense is a Class X felony for

23 which a term of natural life imprisonment shall be imposed.

24 (Source: P.A. 96-1551, eff. 7-1-11.)

25 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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1 Sec. 24-3. Unlawful sale or delivery of firearms.

2 (A) A person commits the offense of unlawful sale or

3 delivery of firearms when he or she knowingly does any of the

4 following:

5 (a) Sells or gives any firearm of a size which may be

6 concealed upon the person to any person under 18 years of

7 age.

8 (b) Sells or gives any firearm to a person under 21

9 years of age who has been convicted of a misdemeanor other

10 than a traffic offense or adjudged delinquent.

11 (c) Sells or gives any firearm to any narcotic addict.

12 (d) Sells or gives any firearm to any person who has

13 been convicted of a felony under the laws of this or any

14 other jurisdiction.

15 (e) Sells or gives any firearm to any person who has

16 been a patient in a mental institution within the past 5

17 years. In this subsection (e):

18 "Mental institution" means any hospital,

19 institution, clinic, evaluation facility, mental

20 health center, or part thereof, which is used

21 primarily for the care or treatment of persons with

22 mental illness.

23 "Patient in a mental institution" means the person

24 was admitted, either voluntarily or involuntarily, to

25 a mental institution for mental health treatment,

26 unless the treatment was voluntary and solely for an

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1 alcohol abuse disorder and no other secondary

2 substance abuse disorder or mental illness.

3 (f) Sells or gives any firearms to any person who is a

4 person with an intellectual disability.

5 (g) Delivers any firearm, incidental to a sale,

6 without withholding delivery of the firearm for at least

7 72 hours after application for its purchase has been made,

8 or delivers a stun gun or taser, incidental to a sale,

9 without withholding delivery of the stun gun or taser for

10 at least 24 hours after application for its purchase has

11 been made. However, this paragraph (g) does not apply to:

12 (1) the sale of a firearm to a law enforcement officer if

13 the seller of the firearm knows that the person to whom he

14 or she is selling the firearm is a law enforcement officer

15 or the sale of a firearm to a person who desires to

16 purchase a firearm for use in promoting the public

17 interest incident to his or her employment as a bank

18 guard, armed truck guard, or other similar employment; (2)

19 a mail order sale of a firearm from a federally licensed

20 firearms dealer to a nonresident of Illinois under which

21 the firearm is mailed to a federally licensed firearms

22 dealer outside the boundaries of Illinois; (3) (blank);

23 (4) the sale of a firearm to a dealer licensed as a federal

24 firearms dealer under Section 923 of the federal Gun

25 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

26 sale of any rifle, shotgun, or other long gun to a resident

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1 registered competitor or attendee or non-resident

2 registered competitor or attendee by any dealer licensed

3 as a federal firearms dealer under Section 923 of the

4 federal Gun Control Act of 1968 at competitive shooting

5 events held at the World Shooting Complex sanctioned by a

6 national governing body. For purposes of transfers or

7 sales under subparagraph (5) of this paragraph (g), the

8 Department of Natural Resources shall give notice to the

9 Department of State Police at least 30 calendar days prior

10 to any competitive shooting events at the World Shooting

11 Complex sanctioned by a national governing body. The

12 notification shall be made on a form prescribed by the

13 Department of State Police. The sanctioning body shall

14 provide a list of all registered competitors and attendees

15 at least 24 hours before the events to the Department of

16 State Police. Any changes to the list of registered

17 competitors and attendees shall be forwarded to the

18 Department of State Police as soon as practicable. The

19 Department of State Police must destroy the list of

20 registered competitors and attendees no later than 30 days

21 after the date of the event. Nothing in this paragraph (g)

22 relieves a federally licensed firearm dealer from the

23 requirements of conducting a NICS background check through

24 the Illinois Point of Contact under 18 U.S.C. 922(t). For

25 purposes of this paragraph (g), "application" means when

26 the buyer and seller reach an agreement to purchase a

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1 firearm. For purposes of this paragraph (g), "national

2 governing body" means a group of persons who adopt rules

3 and formulate policy on behalf of a national firearm

4 sporting organization.

5 (h) While holding any license as a dealer, importer,

6 manufacturer or pawnbroker under the federal Gun Control

7 Act of 1968, manufactures, sells or delivers to any

8 unlicensed person a handgun having a barrel, slide, frame

9 or receiver which is a die casting of zinc alloy or any

10 other nonhomogeneous metal which will melt or deform at a

11 temperature of less than 800 degrees Fahrenheit. For

12 purposes of this paragraph, (1) "firearm" is defined as in

13 the Firearm Owners Identification Card Act; and (2)

14 "handgun" is defined as a firearm designed to be held and

15 fired by the use of a single hand, and includes a

16 combination of parts from which such a firearm can be

17 assembled.

18 (i) Sells or gives a firearm of any size to any person

19 under 18 years of age who does not possess a valid Firearm

20 Owner's Identification Card.

21 (j) Sells or gives a firearm while engaged in the

22 business of selling firearms at wholesale or retail

23 without being licensed as a federal firearms dealer under

24 Section 923 of the federal Gun Control Act of 1968 (18

25 U.S.C. 923). In this paragraph (j):

26 A person "engaged in the business" means a person who

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1 devotes time, attention, and labor to engaging in the

2 activity as a regular course of trade or business with the

3 principal objective of livelihood and profit, but does not

4 include a person who makes occasional repairs of firearms

5 or who occasionally fits special barrels, stocks, or

6 trigger mechanisms to firearms.

7 "With the principal objective of livelihood and

8 profit" means that the intent underlying the sale or

9 disposition of firearms is predominantly one of obtaining

10 livelihood and pecuniary gain, as opposed to other

11 intents, such as improving or liquidating a personal

12 firearms collection; however, proof of profit shall not be

13 required as to a person who engages in the regular and

14 repetitive purchase and disposition of firearms for

15 criminal purposes or terrorism.

16 (k) Sells or transfers ownership of a firearm to a

17 person who does not display to the seller or transferor of

18 the firearm either: (1) a currently valid Firearm Owner's

19 Identification Card that has previously been issued in the

20 transferee's name by the Department of State Police under

21 the provisions of the Firearm Owners Identification Card

22 Act; or (2) a currently valid license to carry a concealed

23 firearm that has previously been issued in the

24 transferee's name by the Department of State Police under

25 the Firearm Concealed Carry Act. This paragraph (k) does

26 not apply to the transfer of a firearm to a person who is

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1 exempt from the requirement of possessing a Firearm

2 Owner's Identification Card under Section 2 of the Firearm

3 Owners Identification Card Act. For the purposes of this

4 Section, a currently valid Firearm Owner's Identification

5 Card means (i) a Firearm Owner's Identification Card that

6 has not expired or (ii) an approval number issued in

7 accordance with subsection (a-10) of subsection 3 or

8 Section 3.1 of the Firearm Owners Identification Card Act

9 shall be proof that the Firearm Owner's Identification

10 Card was valid.

11 (1) In addition to the other requirements of this

12 paragraph (k), all persons who are not federally

13 licensed firearms dealers must also have complied with

14 subsection (a-10) of Section 3 of the Firearm Owners

15 Identification Card Act by determining the validity of

16 a purchaser's Firearm Owner's Identification Card.

17 (2) All sellers or transferors who have complied

18 with the requirements of subparagraph (1) of this

19 paragraph (k) shall not be liable for damages in any

20 civil action arising from the use or misuse by the

21 transferee of the firearm transferred, except for

22 willful or wanton misconduct on the part of the seller

23 or transferor.

24 (l) Not being entitled to the possession of a firearm,

25 delivers the firearm, knowing it to have been stolen or

26 converted. It may be inferred that a person who possesses

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1 a firearm with knowledge that its serial number has been

2 removed or altered has knowledge that the firearm is

3 stolen or converted.

4 (B) Paragraph (h) of subsection (A) does not include

5 firearms sold within 6 months after enactment of Public Act

6 78-355 (approved August 21, 1973, effective October 1, 1973),

7 nor is any firearm legally owned or possessed by any citizen or

8 purchased by any citizen within 6 months after the enactment

9 of Public Act 78-355 subject to confiscation or seizure under

10 the provisions of that Public Act. Nothing in Public Act

11 78-355 shall be construed to prohibit the gift or trade of any

12 firearm if that firearm was legally held or acquired within 6

13 months after the enactment of that Public Act.

14 (C) Sentence.

15 (1) Any person convicted of unlawful sale or delivery

16 of firearms in violation of paragraph (c), (e), (f), (g),

17 or (h) of subsection (A) commits a Class 4 felony.

18 (2) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (b) or (i) of

20 subsection (A) commits a Class 3 felony.

21 (3) Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (a) of subsection

23 (A) commits a Class 2 felony.

24 (4) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (a), (b), or (i) of

26 subsection (A) in any school, on the real property

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1 comprising a school, within 1,000 feet of the real

2 property comprising a school, at a school related

3 activity, or on or within 1,000 feet of any conveyance

4 owned, leased, or contracted by a school or school

5 district to transport students to or from school or a

6 school related activity, regardless of the time of day or

7 time of year at which the offense was committed, commits a

8 Class 1 felony. Any person convicted of a second or

9 subsequent violation of unlawful sale or delivery of

10 firearms in violation of paragraph (a), (b), or (i) of

11 subsection (A) in any school, on the real property

12 comprising a school, within 1,000 feet of the real

13 property comprising a school, at a school related

14 activity, or on or within 1,000 feet of any conveyance

15 owned, leased, or contracted by a school or school

16 district to transport students to or from school or a

17 school related activity, regardless of the time of day or

18 time of year at which the offense was committed, commits a

19 Class 1 felony for which the sentence shall be a term of

20 imprisonment of no less than 5 years and no more than 15

21 years.

22 (5) Any person convicted of unlawful sale or delivery

23 of firearms in violation of paragraph (a) or (i) of

24 subsection (A) in residential property owned, operated, or

25 managed by a public housing agency or leased by a public

26 housing agency as part of a scattered site or mixed-income

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1 development, in a public park, in a courthouse, on

2 residential property owned, operated, or managed by a

3 public housing agency or leased by a public housing agency

4 as part of a scattered site or mixed-income development,

5 on the real property comprising any public park, on the

6 real property comprising any courthouse, or on any public

7 way within 1,000 feet of the real property comprising any

8 public park, courthouse, or residential property owned,

9 operated, or managed by a public housing agency or leased

10 by a public housing agency as part of a scattered site or

11 mixed-income development commits a Class 2 felony.

12 (6) Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (j) of subsection

14 (A) commits a Class A misdemeanor. A second or subsequent

15 violation is a Class 4 felony.

16 (7) Any person convicted of unlawful sale or delivery

17 of firearms in violation of paragraph (k) of subsection

18 (A) commits a Class 4 felony, except that a violation of

19 subparagraph (1) of paragraph (k) of subsection (A) shall

20 not be punishable as a crime or petty offense. A third or

21 subsequent conviction for a violation of paragraph (k) of

22 subsection (A) is a Class 1 felony.

23 (8) A person 18 years of age or older convicted of

24 unlawful sale or delivery of firearms in violation of

25 paragraph (a) or (i) of subsection (A), when the firearm

26 that was sold or given to another person under 18 years of

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1 age was used in the commission of or attempt to commit a

2 forcible felony, shall be fined or imprisoned, or both,

3 not to exceed the maximum provided for the most serious

4 forcible felony so committed or attempted by the person

5 under 18 years of age who was sold or given the firearm.

6 (9) Any person convicted of unlawful sale or delivery

7 of firearms in violation of paragraph (d) of subsection

8 (A) commits a Class X felony for which he or she shall be

9 sentenced to a term of imprisonment of not less than 10

10 years and not more than 30 years ~~3 felony~~.

11 (10) Any person convicted of unlawful sale or delivery

12 of firearms in violation of paragraph (l) of subsection

13 (A) commits a Class 2 felony if the delivery is of one

14 firearm. Any person convicted of unlawful sale or delivery

15 of firearms in violation of paragraph (l) of subsection

16 (A) commits a Class 1 felony if the delivery is of not less

17 than 2 and not more than 5 firearms at the same time or

18 within a one year period. Any person convicted of unlawful

19 sale or delivery of firearms in violation of paragraph (l)

20 of subsection (A) commits a Class X felony for which he or

21 she shall be sentenced to a term of imprisonment of not

22 less than 6 years and not more than 30 years if the

23 delivery is of not less than 6 and not more than 10

24 firearms at the same time or within a 2 year period. Any

25 person convicted of unlawful sale or delivery of firearms

26 in violation of paragraph (l) of subsection (A) commits a

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1 Class X felony for which he or she shall be sentenced to a

2 term of imprisonment of not less than 6 years and not more

3 than 40 years if the delivery is of not less than 11 and

4 not more than 20 firearms at the same time or within a 3

5 year period. Any person convicted of unlawful sale or

6 delivery of firearms in violation of paragraph (l) of

7 subsection (A) commits a Class X felony for which he or she

8 shall be sentenced to a term of imprisonment of not less

9 than 6 years and not more than 50 years if the delivery is

10 of not less than 21 and not more than 30 firearms at the

11 same time or within a 4 year period. Any person convicted

12 of unlawful sale or delivery of firearms in violation of

13 paragraph (l) of subsection (A) commits a Class X felony

14 for which he or she shall be sentenced to a term of

15 imprisonment of not less than 6 years and not more than 60

16 years if the delivery is of 31 or more firearms at the same

17 time or within a 5 year period.

18 (D) For purposes of this Section:

19 "School" means a public or private elementary or secondary

20 school, community college, college, or university.

21 "School related activity" means any sporting, social,

22 academic, or other activity for which students' attendance or

23 participation is sponsored, organized, or funded in whole or

24 in part by a school or school district.

25 (E) A prosecution for a violation of paragraph (k) of

26 subsection (A) of this Section may be commenced within 6 years

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1 after the commission of the offense. A prosecution for a

2 violation of this Section other than paragraph (g) of

3 subsection (A) of this Section may be commenced within 5 years

4 after the commission of the offense defined in the particular

5 paragraph.

6 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

7 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

8 (720 ILCS 5/24-3.7)

9 Sec. 24-3.7. Use of a stolen or illegally acquired firearm

10 in the commission of an offense.

11 (a) A person commits ~~the offense of~~ use of a stolen or

12 illegally acquired firearm in the commission of an offense

13 when he or she knowingly uses a stolen or illegally acquired

14 firearm in the commission of any offense and the person knows

15 that the firearm was stolen or illegally acquired.

16 (b) Sentence. Use of a stolen or illegally acquired

17 firearm in the commission of an offense is a Class X felony for

18 a first offense for which a term of imprisonment of not less

19 than 10 years shall be imposed. A second or subsequent offense

20 is a Class X felony for which a term of natural life

21 imprisonment shall be imposed ~~2 felony~~.

22 (c) "Illegally acquired firearm" means a firearm acquired

23 in violation of Section 24-3.

24 (Source: P.A. 96-190, eff. 1-1-10.)

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1 Section 115. The Code of Criminal Procedure of 1963 is

2 amended by changing Sections 102-7.1 and 110-19 and by adding

3 Section 110-4.5 as follows:

4 (725 ILCS 5/102-7.1)

5 Sec. 102-7.1. "Category A offense". "Category A offense"

6 means a Class 1 felony, Class 2 felony, Class X felony, first

7 degree murder, a violation of Section 11-204 or 11-204.1 of

8 the Illinois Vehicle Code, a second or subsequent violation of

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

10 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

11 a violation of Section 11-401 of the Illinois Vehicle Code if

12 the accident results in injury and the person failed to report

13 the accident within 30 minutes, a violation of Section 9-3,

14 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,

15 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,

16 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,

17 24-3, 25-1, 26.5-2, 31-6, 32-10, or 48-1 of the Criminal Code

18 of 2012, a second or subsequent violation of 12-3.2 or 12-3.4

19 of the Criminal Code of 2012, a violation of paragraph (5) or

20 (6) of subsection (b) of Section 10-9 of the Criminal Code of

21 2012, a violation of subsection (b) or (c) or paragraph (1) or

22 (2) of subsection (a) of Section 11-1.50 of the Criminal Code

23 of 2012, a violation of Section 12-7 of the Criminal Code of

24 2012 if the defendant inflicts bodily harm on the victim to

25 obtain a confession, statement, or information, a violation of

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1 Section 12-7.5 of the Criminal Code of 2012 if the action

2 results in bodily harm, a violation of paragraph (3) of

3 subsection (b) of Section 17-2 of the Criminal Code of 2012, a

4 violation of subdivision (a)(7)(ii) of Section 24-1 of the

5 Criminal Code of 2012, a violation of paragraph (6) of

6 subsection (a) of Section 24-1 of the Criminal Code of 2012, a

7 first violation of Section 24-1.6 of the Criminal Code of 2012

8 by a person 18 years of age or older where the factors listed

9 in both items (A) and (C) or both items (A-5) and (C) of

10 paragraph (3) of subsection (a) of Section 24-1.6 of the

11 Criminal Code of 2012 are present, a Class 3 felony violation

12 of paragraph (1) of subsection (a) of Section 2 of the Firearm

13 Owners Identification Card Act, or a violation of Section 10

14 of the Sex Offender Registration Act.

15 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)

16 (725 ILCS 5/110-4.5 new)

17 Sec. 110-4.5. Denial of bail and pretrial release; firearm

18 offenses. Notwithstanding any other provision of this Code to

19 the contrary, the denial of bail or pretrial release is

20 required if the person is a felon who is charged with a firearm

21 offense.

22 (725 ILCS 5/110-19 new)

23 Sec. 110-19. Bail reform opt out. Notwithstanding any

24 other provision of law to the contrary, a county with a

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1 population of less than 3,000,000 does not have to comply with

2 the changes made by Public Act 100-1 and the changes made to

3 Article 110 of this Code by Public Acts 101-652 and 102-28 if

4 the county board adopts a resolution for that purpose on or

5 after the effective date of this amendatory Act of the 102nd

6 General Assembly.

7 Section 120. The Unified Code of Corrections is amended by

8 changing Sections 3-6-3, 5-4.5-110, 5-5-3, and 5-8-4 as

9 follows:

10 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

11 Sec. 3-6-3. Rules and regulations for sentence credit.

12 (a)(1) The Department of Corrections shall prescribe rules

13 and regulations for awarding and revoking sentence credit for

14 persons committed to the Department which shall be subject to

15 review by the Prisoner Review Board.

16 (1.5) As otherwise provided by law, sentence credit may be

17 awarded for the following:

18 (A) successful completion of programming while in

19 custody of the Department or while in custody prior to

20 sentencing;

21 (B) compliance with the rules and regulations of the

22 Department; or

23 (C) service to the institution, service to a

24 community, or service to the State.

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1 (2) Except as provided in paragraph (4.7) of this

2 subsection (a), the rules and regulations on sentence credit

3 shall provide, with respect to offenses listed in clause (i),

4 (ii), or (iii) of this paragraph (2) committed on or after June

5 19, 1998 or with respect to the offense listed in clause (iv)

6 of this paragraph (2) committed on or after June 23, 2005 (the

7 effective date of Public Act 94-71) or with respect to offense

8 listed in clause (vi) committed on or after June 1, 2008 (the

9 effective date of Public Act 95-625) or with respect to the

10 offense of being an armed habitual criminal committed on or

11 after August 2, 2005 (the effective date of Public Act 94-398)

12 or with respect to the offenses listed in clause (v) of this

13 paragraph (2) committed on or after August 13, 2007 (the

14 effective date of Public Act 95-134) or with respect to the

15 offense of aggravated domestic battery committed on or after

16 July 23, 2010 (the effective date of Public Act 96-1224) or

17 with respect to the offense of attempt to commit terrorism

18 committed on or after January 1, 2013 (the effective date of

19 Public Act 97-990) or with respect to the offense of

20 aggravated battery under paragraph (4) of subsection (d) of

21 Section 12-3.05 of the Criminal Code of 2012 in which the

22 victim was a peace officer committed on or after the effective

23 date of this amendatory Act of the 102nd General Assembly or

24 with respect to the offense of bringing contraband into a

25 penal institution as described in subsection (a) of Section

26 31A-1.1 of the Criminal Code of 2012 committed on or after the

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1 effective date of this amendatory Act of the 102nd General

2 Assembly, the following:

3 (i) that a prisoner who is serving a term of

4 imprisonment for first degree murder or for the offense of

5 terrorism shall receive no sentence credit and shall serve

6 the entire sentence imposed by the court;

7 (ii) that a prisoner serving a sentence for attempt to

8 commit terrorism, attempt to commit first degree murder,

9 solicitation of murder, solicitation of murder for hire,

10 intentional homicide of an unborn child, predatory

11 criminal sexual assault of a child, aggravated criminal

12 sexual assault, criminal sexual assault, aggravated

13 kidnapping, aggravated battery with a firearm as described

14 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

15 or (e)(4) of Section 12-3.05, heinous battery as described

16 in Section 12-4.1 or subdivision (a)(2) of Section

17 12-3.05, being an armed habitual criminal, aggravated

18 battery of a senior citizen as described in Section 12-4.6

19 or subdivision (a)(4) of Section 12-3.05, or aggravated

20 battery of a child as described in Section 12-4.3 or

21 subdivision (b)(1) of Section 12-3.05 shall receive no

22 more than 4.5 days of sentence credit for each month of his

23 or her sentence of imprisonment;

24 (iii) that a prisoner serving a sentence for home

25 invasion, armed robbery, aggravated vehicular hijacking,

26 aggravated discharge of a firearm, or armed violence with

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1 a category I weapon or category II weapon, when the court

2 has made and entered a finding, pursuant to subsection

3 (c-1) of Section 5-4-1 of this Code, that the conduct

4 leading to conviction for the enumerated offense resulted

5 in great bodily harm to a victim, shall receive no more

6 than 4.5 days of sentence credit for each month of his or

7 her sentence of imprisonment;

8 (iv) that a prisoner serving a sentence for aggravated

9 discharge of a firearm, whether or not the conduct leading

10 to conviction for the offense resulted in great bodily

11 harm to the victim, shall receive no more than 4.5 days of

12 sentence credit for each month of his or her sentence of

13 imprisonment;

14 (v) that a person serving a sentence for gunrunning,

15 narcotics racketeering, controlled substance trafficking,

16 methamphetamine trafficking, drug-induced homicide,

17 aggravated methamphetamine-related child endangerment,

18 money laundering pursuant to clause (c) (4) or (5) of

19 Section 29B-1 of the Criminal Code of 1961 or the Criminal

20 Code of 2012, or a Class X felony conviction for delivery

21 of a controlled substance, possession of a controlled

22 substance with intent to manufacture or deliver,

23 calculated criminal drug conspiracy, criminal drug

24 conspiracy, street gang criminal drug conspiracy,

25 participation in methamphetamine manufacturing,

26 aggravated participation in methamphetamine

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1 manufacturing, delivery of methamphetamine, possession

2 with intent to deliver methamphetamine, aggravated

3 delivery of methamphetamine, aggravated possession with

4 intent to deliver methamphetamine, methamphetamine

5 conspiracy when the substance containing the controlled

6 substance or methamphetamine is 100 grams or more shall

7 receive no more than 7.5 days sentence credit for each

8 month of his or her sentence of imprisonment;

9 (vi) that a prisoner serving a sentence for a second

10 or subsequent offense of luring a minor shall receive no

11 more than 4.5 days of sentence credit for each month of his

12 or her sentence of imprisonment; ~~and~~

13 (vii) that a prisoner serving a sentence for

14 aggravated domestic battery shall receive no more than 4.5

15 days of sentence credit for each month of his or her

16 sentence of imprisonment; ~~.~~

17 (viii) that a prisoner serving a sentence for

18 aggravated battery under paragraph (4) of subsection (d)

19 of Section 12-3.05 of the Criminal Code of 2012 in which

20 the victim was a peace officer shall receive no more than

21 4.5 days of sentence credit for each month of his or her

22 sentence of imprisonment; and

23 (ix) that a prisoner serving a sentence for bringing

24 contraband into a penal institution as described in

25 subsection (a) of Section 31A-1.1 of the Criminal Code of

26 2012 committed on or after the effective date of this

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1 amendatory Act of the 102nd General Assembly shall receive

2 no more than 4.5 days of sentence credit for each month of

3 his or her sentence of imprisonment.

4 (2.1) For all offenses, other than those enumerated in

5 subdivision (a)(2)(i), (ii), or (iii) committed on or after

6 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

7 June 23, 2005 (the effective date of Public Act 94-71) or

8 subdivision (a)(2)(v) committed on or after August 13, 2007

9 (the effective date of Public Act 95-134) or subdivision

10 (a)(2)(vi) committed on or after June 1, 2008 (the effective

11 date of Public Act 95-625) or subdivision (a)(2)(vii)

12 committed on or after July 23, 2010 (the effective date of

13 Public Act 96-1224)or subdivision (a)(2)(viii) committed on or

14 after the effective date of this amendatory Act of the 102nd

15 General Assembly or subdivision (a)(2)(ix) committed on or

16 after the effective date of this amendatory Act of the 102nd

17 General Assembly, and other than the offense of aggravated

18 driving under the influence of alcohol, other drug or drugs,

19 or intoxicating compound or compounds, or any combination

20 thereof as defined in subparagraph (F) of paragraph (1) of

21 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

22 and other than the offense of aggravated driving under the

23 influence of alcohol, other drug or drugs, or intoxicating

24 compound or compounds, or any combination thereof as defined

25 in subparagraph (C) of paragraph (1) of subsection (d) of

26 Section 11-501 of the Illinois Vehicle Code committed on or

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1 after January 1, 2011 (the effective date of Public Act

2 96-1230), the rules and regulations shall provide that a

3 prisoner who is serving a term of imprisonment shall receive

4 one day of sentence credit for each day of his or her sentence

5 of imprisonment or recommitment under Section 3-3-9. Each day

6 of sentence credit shall reduce by one day the prisoner's

7 period of imprisonment or recommitment under Section 3-3-9.

8 (2.2) A prisoner serving a term of natural life

9 imprisonment or a prisoner who has been sentenced to death

10 shall receive no sentence credit.

11 (2.3) Except as provided in paragraph (4.7) of this

12 subsection (a), the rules and regulations on sentence credit

13 shall provide that a prisoner who is serving a sentence for

14 aggravated driving under the influence of alcohol, other drug

15 or drugs, or intoxicating compound or compounds, or any

16 combination thereof as defined in subparagraph (F) of

17 paragraph (1) of subsection (d) of Section 11-501 of the

18 Illinois Vehicle Code, shall receive no more than 4.5 days of

19 sentence credit for each month of his or her sentence of

20 imprisonment.

21 (2.4) Except as provided in paragraph (4.7) of this

22 subsection (a), the rules and regulations on sentence credit

23 shall provide with respect to the offenses of aggravated

24 battery with a machine gun or a firearm equipped with any

25 device or attachment designed or used for silencing the report

26 of a firearm or aggravated discharge of a machine gun or a

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1 firearm equipped with any device or attachment designed or

2 used for silencing the report of a firearm, committed on or

3 after July 15, 1999 (the effective date of Public Act 91-121),

4 that a prisoner serving a sentence for any of these offenses

5 shall receive no more than 4.5 days of sentence credit for each

6 month of his or her sentence of imprisonment.

7 (2.5) Except as provided in paragraph (4.7) of this

8 subsection (a), the rules and regulations on sentence credit

9 shall provide that a prisoner who is serving a sentence for

10 aggravated arson committed on or after July 27, 2001 (the

11 effective date of Public Act 92-176) shall receive no more

12 than 4.5 days of sentence credit for each month of his or her

13 sentence of imprisonment.

14 (2.6) Except as provided in paragraph (4.7) of this

15 subsection (a), the rules and regulations on sentence credit

16 shall provide that a prisoner who is serving a sentence for

17 aggravated driving under the influence of alcohol, other drug

18 or drugs, or intoxicating compound or compounds or any

19 combination thereof as defined in subparagraph (C) of

20 paragraph (1) of subsection (d) of Section 11-501 of the

21 Illinois Vehicle Code committed on or after January 1, 2011

22 (the effective date of Public Act 96-1230) shall receive no

23 more than 4.5 days of sentence credit for each month of his or

24 her sentence of imprisonment.

25 (3) In addition to the sentence credits earned under

26 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

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1 subsection (a), the rules and regulations shall also provide

2 that the Director may award up to 180 days of earned sentence

3 credit for prisoners serving a sentence of incarceration of

4 less than 5 years, and up to 365 days of earned sentence credit

5 for prisoners serving a sentence of 5 years or longer. The

6 Director may grant this credit for good conduct in specific

7 instances as the Director deems proper. The good conduct may

8 include, but is not limited to, compliance with the rules and

9 regulations of the Department, service to the Department,

10 service to a community, or service to the State.

11 Eligible inmates for an award of earned sentence credit

12 under this paragraph (3) may be selected to receive the credit

13 at the Director's or his or her designee's sole discretion.

14 Eligibility for the additional earned sentence credit under

15 this paragraph (3) may be based on, but is not limited to,

16 participation in programming offered by the Department as

17 appropriate for the prisoner based on the results of any

18 available risk/needs assessment or other relevant assessments

19 or evaluations administered by the Department using a

20 validated instrument, the circumstances of the crime,

21 demonstrated commitment to rehabilitation by a prisoner with a

22 history of conviction for a forcible felony enumerated in

23 Section 2-8 of the Criminal Code of 2012, the inmate's

24 behavior and improvements in disciplinary history while

25 incarcerated, and the inmate's commitment to rehabilitation,

26 including participation in programming offered by the

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1 Department.

2 The Director shall not award sentence credit under this

3 paragraph (3) to an inmate unless the inmate has served a

4 minimum of 60 days of the sentence; except nothing in this

5 paragraph shall be construed to permit the Director to extend

6 an inmate's sentence beyond that which was imposed by the

7 court. Prior to awarding credit under this paragraph (3), the

8 Director shall make a written determination that the inmate:

9 (A) is eligible for the earned sentence credit;

10 (B) has served a minimum of 60 days, or as close to 60

11 days as the sentence will allow;

12 (B-1) has received a risk/needs assessment or other

13 relevant evaluation or assessment administered by the

14 Department using a validated instrument; and

15 (C) has met the eligibility criteria established by

16 rule for earned sentence credit.

17 The Director shall determine the form and content of the

18 written determination required in this subsection.

19 (3.5) The Department shall provide annual written reports

20 to the Governor and the General Assembly on the award of earned

21 sentence credit no later than February 1 of each year. The

22 Department must publish both reports on its website within 48

23 hours of transmitting the reports to the Governor and the

24 General Assembly. The reports must include:

25 (A) the number of inmates awarded earned sentence

26 credit;

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1 (B) the average amount of earned sentence credit

2 awarded;

3 (C) the holding offenses of inmates awarded earned

4 sentence credit; and

5 (D) the number of earned sentence credit revocations.

6 (4)(A) Except as provided in paragraph (4.7) of this

7 subsection (a), the rules and regulations shall also provide

8 that any prisoner who is engaged full-time in substance abuse

9 programs, correctional industry assignments, educational

10 programs, work-release programs or activities in accordance

11 with Article 13 of Chapter III of this Code, behavior

12 modification programs, life skills courses, or re-entry

13 planning provided by the Department under this paragraph (4)

14 and satisfactorily completes the assigned program as

15 determined by the standards of the Department, shall receive

16 one day of sentence credit for each day in which that prisoner

17 is engaged in the activities described in this paragraph. The

18 rules and regulations shall also provide that sentence credit

19 may be provided to an inmate who was held in pre-trial

20 detention prior to his or her current commitment to the

21 Department of Corrections and successfully completed a

22 full-time, 60-day or longer substance abuse program,

23 educational program, behavior modification program, life

24 skills course, or re-entry planning provided by the county

25 department of corrections or county jail. Calculation of this

26 county program credit shall be done at sentencing as provided

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1 in Section 5-4.5-100 of this Code and shall be included in the

2 sentencing order. The rules and regulations shall also provide

3 that sentence credit may be provided to an inmate who is in

4 compliance with programming requirements in an adult

5 transition center.

6 (B) The Department shall award sentence credit under this

7 paragraph (4) accumulated prior to January 1, 2020 (the

8 effective date of Public Act 101-440) in an amount specified

9 in subparagraph (C) of this paragraph (4) to an inmate serving

10 a sentence for an offense committed prior to June 19, 1998, if

11 the Department determines that the inmate is entitled to this

12 sentence credit, based upon:

13 (i) documentation provided by the Department that the

14 inmate engaged in any full-time substance abuse programs,

15 correctional industry assignments, educational programs,

16 behavior modification programs, life skills courses, or

17 re-entry planning provided by the Department under this

18 paragraph (4) and satisfactorily completed the assigned

19 program as determined by the standards of the Department

20 during the inmate's current term of incarceration; or

21 (ii) the inmate's own testimony in the form of an

22 affidavit or documentation, or a third party's

23 documentation or testimony in the form of an affidavit

24 that the inmate likely engaged in any full-time substance

25 abuse programs, correctional industry assignments,

26 educational programs, behavior modification programs, life

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1 skills courses, or re-entry planning provided by the

2 Department under paragraph (4) and satisfactorily

3 completed the assigned program as determined by the

4 standards of the Department during the inmate's current

5 term of incarceration.

6 (C) If the inmate can provide documentation that he or she

7 is entitled to sentence credit under subparagraph (B) in

8 excess of 45 days of participation in those programs, the

9 inmate shall receive 90 days of sentence credit. If the inmate

10 cannot provide documentation of more than 45 days of

11 participation in those programs, the inmate shall receive 45

12 days of sentence credit. In the event of a disagreement

13 between the Department and the inmate as to the amount of

14 credit accumulated under subparagraph (B), if the Department

15 provides documented proof of a lesser amount of days of

16 participation in those programs, that proof shall control. If

17 the Department provides no documentary proof, the inmate's

18 proof as set forth in clause (ii) of subparagraph (B) shall

19 control as to the amount of sentence credit provided.

20 (D) If the inmate has been convicted of a sex offense as

21 defined in Section 2 of the Sex Offender Registration Act,

22 sentencing credits under subparagraph (B) of this paragraph

23 (4) shall be awarded by the Department only if the conditions

24 set forth in paragraph (4.6) of subsection (a) are satisfied.

25 No inmate serving a term of natural life imprisonment shall

26 receive sentence credit under subparagraph (B) of this

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1 paragraph (4).

2 Educational, vocational, substance abuse, behavior

3 modification programs, life skills courses, re-entry planning,

4 and correctional industry programs under which sentence credit

5 may be earned under this paragraph (4) and paragraph (4.1) of

6 this subsection (a) shall be evaluated by the Department on

7 the basis of documented standards. The Department shall report

8 the results of these evaluations to the Governor and the

9 General Assembly by September 30th of each year. The reports

10 shall include data relating to the recidivism rate among

11 program participants.

12 Availability of these programs shall be subject to the

13 limits of fiscal resources appropriated by the General

14 Assembly for these purposes. Eligible inmates who are denied

15 immediate admission shall be placed on a waiting list under

16 criteria established by the Department. The rules and

17 regulations shall provide that a prisoner who has been placed

18 on a waiting list but is transferred for non-disciplinary

19 reasons before beginning a program shall receive priority

20 placement on the waitlist for appropriate programs at the new

21 facility. The inability of any inmate to become engaged in any

22 such programs by reason of insufficient program resources or

23 for any other reason established under the rules and

24 regulations of the Department shall not be deemed a cause of

25 action under which the Department or any employee or agent of

26 the Department shall be liable for damages to the inmate. The

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1 rules and regulations shall provide that a prisoner who begins

2 an educational, vocational, substance abuse, work-release

3 programs or activities in accordance with Article 13 of

4 Chapter III of this Code, behavior modification program, life

5 skills course, re-entry planning, or correctional industry

6 programs but is unable to complete the program due to illness,

7 disability, transfer, lockdown, or another reason outside of

8 the prisoner's control shall receive prorated sentence credits

9 for the days in which the prisoner did participate.

10 (4.1) Except as provided in paragraph (4.7) of this

11 subsection (a), the rules and regulations shall also provide

12 that an additional 90 days of sentence credit shall be awarded

13 to any prisoner who passes high school equivalency testing

14 while the prisoner is committed to the Department of

15 Corrections. The sentence credit awarded under this paragraph

16 (4.1) shall be in addition to, and shall not affect, the award

17 of sentence credit under any other paragraph of this Section,

18 but shall also be pursuant to the guidelines and restrictions

19 set forth in paragraph (4) of subsection (a) of this Section.

20 The sentence credit provided for in this paragraph shall be

21 available only to those prisoners who have not previously

22 earned a high school diploma or a high school equivalency

23 certificate. If, after an award of the high school equivalency

24 testing sentence credit has been made, the Department

25 determines that the prisoner was not eligible, then the award

26 shall be revoked. The Department may also award 90 days of

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1 sentence credit to any committed person who passed high school

2 equivalency testing while he or she was held in pre-trial

3 detention prior to the current commitment to the Department of

4 Corrections. Except as provided in paragraph (4.7) of this

5 subsection (a), the rules and regulations shall provide that

6 an additional 120 days of sentence credit shall be awarded to

7 any prisoner who obtains an associate degree while the

8 prisoner is committed to the Department of Corrections,

9 regardless of the date that the associate degree was obtained,

10 including if prior to July 1, 2021 (the effective date of

11 Public Act 101-652). The sentence credit awarded under this

12 paragraph (4.1) shall be in addition to, and shall not affect,

13 the award of sentence credit under any other paragraph of this

14 Section, but shall also be under the guidelines and

15 restrictions set forth in paragraph (4) of subsection (a) of

16 this Section. The sentence credit provided for in this

17 paragraph (4.1) shall be available only to those prisoners who

18 have not previously earned an associate degree prior to the

19 current commitment to the Department of Corrections. If, after

20 an award of the associate degree sentence credit has been made

21 and the Department determines that the prisoner was not

22 eligible, then the award shall be revoked. The Department may

23 also award 120 days of sentence credit to any committed person

24 who earned an associate degree while he or she was held in

25 pre-trial detention prior to the current commitment to the

26 Department of Corrections.

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1 Except as provided in paragraph (4.7) of this subsection

2 (a), the rules and regulations shall provide that an

3 additional 180 days of sentence credit shall be awarded to any

4 prisoner who obtains a bachelor's degree while the prisoner is

5 committed to the Department of Corrections. The sentence

6 credit awarded under this paragraph (4.1) shall be in addition

7 to, and shall not affect, the award of sentence credit under

8 any other paragraph of this Section, but shall also be under

9 the guidelines and restrictions set forth in paragraph (4) of

10 this subsection (a). The sentence credit provided for in this

11 paragraph shall be available only to those prisoners who have

12 not earned a bachelor's degree prior to the current commitment

13 to the Department of Corrections. If, after an award of the

14 bachelor's degree sentence credit has been made, the

15 Department determines that the prisoner was not eligible, then

16 the award shall be revoked. The Department may also award 180

17 days of sentence credit to any committed person who earned a

18 bachelor's degree while he or she was held in pre-trial

19 detention prior to the current commitment to the Department of

20 Corrections.

21 Except as provided in paragraph (4.7) of this subsection

22 (a), the rules and regulations shall provide that an

23 additional 180 days of sentence credit shall be awarded to any

24 prisoner who obtains a master's or professional degree while

25 the prisoner is committed to the Department of Corrections.

26 The sentence credit awarded under this paragraph (4.1) shall

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1 be in addition to, and shall not affect, the award of sentence

2 credit under any other paragraph of this Section, but shall

3 also be under the guidelines and restrictions set forth in

4 paragraph (4) of this subsection (a). The sentence credit

5 provided for in this paragraph shall be available only to

6 those prisoners who have not previously earned a master's or

7 professional degree prior to the current commitment to the

8 Department of Corrections. If, after an award of the master's

9 or professional degree sentence credit has been made, the

10 Department determines that the prisoner was not eligible, then

11 the award shall be revoked. The Department may also award 180

12 days of sentence credit to any committed person who earned a

13 master's or professional degree while he or she was held in

14 pre-trial detention prior to the current commitment to the

15 Department of Corrections.

16 (4.2) The rules and regulations shall also provide that

17 any prisoner engaged in self-improvement programs, volunteer

18 work, or work assignments that are not otherwise eligible

19 activities under paragraph (4), shall receive up to 0.5 days

20 of sentence credit for each day in which the prisoner is

21 engaged in activities described in this paragraph.

22 (4.5) The rules and regulations on sentence credit shall

23 also provide that when the court's sentencing order recommends

24 a prisoner for substance abuse treatment and the crime was

25 committed on or after September 1, 2003 (the effective date of

26 Public Act 93-354), the prisoner shall receive no sentence

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1 credit awarded under clause (3) of this subsection (a) unless

2 he or she participates in and completes a substance abuse

3 treatment program. The Director may waive the requirement to

4 participate in or complete a substance abuse treatment program

5 in specific instances if the prisoner is not a good candidate

6 for a substance abuse treatment program for medical,

7 programming, or operational reasons. Availability of substance

8 abuse treatment shall be subject to the limits of fiscal

9 resources appropriated by the General Assembly for these

10 purposes. If treatment is not available and the requirement to

11 participate and complete the treatment has not been waived by

12 the Director, the prisoner shall be placed on a waiting list

13 under criteria established by the Department. The Director may

14 allow a prisoner placed on a waiting list to participate in and

15 complete a substance abuse education class or attend substance

16 abuse self-help meetings in lieu of a substance abuse

17 treatment program. A prisoner on a waiting list who is not

18 placed in a substance abuse program prior to release may be

19 eligible for a waiver and receive sentence credit under clause

20 (3) of this subsection (a) at the discretion of the Director.

21 (4.6) The rules and regulations on sentence credit shall

22 also provide that a prisoner who has been convicted of a sex

23 offense as defined in Section 2 of the Sex Offender

24 Registration Act shall receive no sentence credit unless he or

25 she either has successfully completed or is participating in

26 sex offender treatment as defined by the Sex Offender

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1 Management Board. However, prisoners who are waiting to

2 receive treatment, but who are unable to do so due solely to

3 the lack of resources on the part of the Department, may, at

4 the Director's sole discretion, be awarded sentence credit at

5 a rate as the Director shall determine.

6 (4.7) On or after January 1, 2018 (the effective date of

7 Public Act 100-3), sentence credit under paragraph (3), (4),

8 or (4.1) of this subsection (a) may be awarded to a prisoner

9 who is serving a sentence for an offense described in

10 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

11 on or after January 1, 2018 (the effective date of Public Act

12 100-3); provided, the award of the credits under this

13 paragraph (4.7) shall not reduce the sentence of the prisoner

14 to less than the following amounts:

15 (i) 85% of his or her sentence if the prisoner is

16 required to serve 85% of his or her sentence; or

17 (ii) 60% of his or her sentence if the prisoner is

18 required to serve 75% of his or her sentence, except if the

19 prisoner is serving a sentence for gunrunning his or her

20 sentence shall not be reduced to less than 75%.

21 (iii) 100% of his or her sentence if the prisoner is

22 required to serve 100% of his or her sentence.

23 (4.8) On or after the effective date of this amendatory

24 Act of the 102nd General Assembly, sentence credit under

25 paragraph (3), (4), (4.1), (4.2), or (4.7) of this subsection

26 (a) may not be awarded to a prisoner who is serving a sentence

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1 for bringing contraband into a penal institution as described

2 in subsection (a) of Section 31A-1.1 of the Criminal Code of

3 2012.

4 (5) Whenever the Department is to release any inmate

5 earlier than it otherwise would because of a grant of earned

6 sentence credit under paragraph (3) of subsection (a) of this

7 Section given at any time during the term, the Department

8 shall give reasonable notice of the impending release not less

9 than 14 days prior to the date of the release to the State's

10 Attorney of the county where the prosecution of the inmate

11 took place, and if applicable, the State's Attorney of the

12 county into which the inmate will be released. The Department

13 must also make identification information and a recent photo

14 of the inmate being released accessible on the Internet by

15 means of a hyperlink labeled "Community Notification of Inmate

16 Early Release" on the Department's World Wide Web homepage.

17 The identification information shall include the inmate's:

18 name, any known alias, date of birth, physical

19 characteristics, commitment offense, and county where

20 conviction was imposed. The identification information shall

21 be placed on the website within 3 days of the inmate's release

22 and the information may not be removed until either:

23 completion of the first year of mandatory supervised release

24 or return of the inmate to custody of the Department.

25 (b) Whenever a person is or has been committed under

26 several convictions, with separate sentences, the sentences

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1 shall be construed under Section 5-8-4 in granting and

2 forfeiting of sentence credit.

3 (c) (1) The Department shall prescribe rules and

4 regulations for revoking sentence credit, including revoking

5 sentence credit awarded under paragraph (3) of subsection (a)

6 of this Section. The Department shall prescribe rules and

7 regulations establishing and requiring the use of a sanctions

8 matrix for revoking sentence credit. The Department shall

9 prescribe rules and regulations for suspending or reducing the

10 rate of accumulation of sentence credit for specific rule

11 violations, during imprisonment. These rules and regulations

12 shall provide that no inmate may be penalized more than one

13 year of sentence credit for any one infraction.

14 (2) When the Department seeks to revoke, suspend, or

15 reduce the rate of accumulation of any sentence credits for an

16 alleged infraction of its rules, it shall bring charges

17 therefor against the prisoner sought to be so deprived of

18 sentence credits before the Prisoner Review Board as provided

19 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

20 amount of credit at issue exceeds 30 days, whether from one

21 infraction or cumulatively from multiple infractions arising

22 out of a single event, or when, during any 12-month period, the

23 cumulative amount of credit revoked exceeds 30 days except

24 where the infraction is committed or discovered within 60 days

25 of scheduled release. In those cases, the Department of

26 Corrections may revoke up to 30 days of sentence credit. The

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1 Board may subsequently approve the revocation of additional

2 sentence credit, if the Department seeks to revoke sentence

3 credit in excess of 30 days. However, the Board shall not be

4 empowered to review the Department's decision with respect to

5 the loss of 30 days of sentence credit within any calendar year

6 for any prisoner or to increase any penalty beyond the length

7 requested by the Department.

8 (3) The Director of the Department of Corrections, in

9 appropriate cases, may restore sentence credits which have

10 been revoked, suspended, or reduced. The Department shall

11 prescribe rules and regulations governing the restoration of

12 sentence credits. These rules and regulations shall provide

13 for the automatic restoration of sentence credits following a

14 period in which the prisoner maintains a record without a

15 disciplinary violation.

16 Nothing contained in this Section shall prohibit the

17 Prisoner Review Board from ordering, pursuant to Section

18 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

19 sentence imposed by the court that was not served due to the

20 accumulation of sentence credit.

21 (d) If a lawsuit is filed by a prisoner in an Illinois or

22 federal court against the State, the Department of

23 Corrections, or the Prisoner Review Board, or against any of

24 their officers or employees, and the court makes a specific

25 finding that a pleading, motion, or other paper filed by the

26 prisoner is frivolous, the Department of Corrections shall

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1 conduct a hearing to revoke up to 180 days of sentence credit

2 by bringing charges against the prisoner sought to be deprived

3 of the sentence credits before the Prisoner Review Board as

4 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

5 If the prisoner has not accumulated 180 days of sentence

6 credit at the time of the finding, then the Prisoner Review

7 Board may revoke all sentence credit accumulated by the

8 prisoner.

9 For purposes of this subsection (d):

10 (1) "Frivolous" means that a pleading, motion, or

11 other filing which purports to be a legal document filed

12 by a prisoner in his or her lawsuit meets any or all of the

13 following criteria:

14 (A) it lacks an arguable basis either in law or in

15 fact;

16 (B) it is being presented for any improper

17 purpose, such as to harass or to cause unnecessary

18 delay or needless increase in the cost of litigation;

19 (C) the claims, defenses, and other legal

20 contentions therein are not warranted by existing law

21 or by a nonfrivolous argument for the extension,

22 modification, or reversal of existing law or the

23 establishment of new law;

24 (D) the allegations and other factual contentions

25 do not have evidentiary support or, if specifically so

26 identified, are not likely to have evidentiary support

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1 after a reasonable opportunity for further

2 investigation or discovery; or

3 (E) the denials of factual contentions are not

4 warranted on the evidence, or if specifically so

5 identified, are not reasonably based on a lack of

6 information or belief.

7 (2) "Lawsuit" means a motion pursuant to Section 116-3

8 of the Code of Criminal Procedure of 1963, a habeas corpus

9 action under Article X of the Code of Civil Procedure or

10 under federal law (28 U.S.C. 2254), a petition for claim

11 under the Court of Claims Act, an action under the federal

12 Civil Rights Act (42 U.S.C. 1983), or a second or

13 subsequent petition for post-conviction relief under

14 Article 122 of the Code of Criminal Procedure of 1963

15 whether filed with or without leave of court or a second or

16 subsequent petition for relief from judgment under Section

17 2-1401 of the Code of Civil Procedure.

18 (e) Nothing in Public Act 90-592 or 90-593 affects the

19 validity of Public Act 89-404.

20 (f) Whenever the Department is to release any inmate who

21 has been convicted of a violation of an order of protection

22 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

23 the Criminal Code of 2012, earlier than it otherwise would

24 because of a grant of sentence credit, the Department, as a

25 condition of release, shall require that the person, upon

26 release, be placed under electronic surveillance as provided

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1 in Section 5-8A-7 of this Code.

2 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

3 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)

4 (730 ILCS 5/5-4.5-110)

5 (Section scheduled to be repealed on January 1, 2023)

6 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH

7 PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.

8 (a) DEFINITIONS. For the purposes of this Section:

9 "Firearm" has the meaning ascribed to it in Section

10 1.1 of the Firearm Owners Identification Card Act.

11 "Qualifying predicate offense" means the following

12 offenses under the Criminal Code of 2012:

13 (A) aggravated unlawful use of a weapon under

14 Section 24-1.6 or similar offense under the Criminal

15 Code of 1961, when the weapon is a firearm;

16 (B) unlawful use or possession of a weapon by a

17 felon under Section 24-1.1 or similar offense under

18 the Criminal Code of 1961, when the weapon is a

19 firearm;

20 (C) first degree murder under Section 9-1 or

21 similar offense under the Criminal Code of 1961;

22 (D) attempted first degree murder with a firearm

23 or similar offense under the Criminal Code of 1961;

24 (E) aggravated kidnapping with a firearm under

25 paragraph (6) or (7) of subsection (a) of Section 10-2

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1 or similar offense under the Criminal Code of 1961;

2 (F) aggravated battery with a firearm under

3 subsection (e) of Section 12-3.05 or similar offense

4 under the Criminal Code of 1961;

5 (G) aggravated criminal sexual assault under

6 Section 11-1.30 or similar offense under the Criminal

7 Code of 1961;

8 (H) predatory criminal sexual assault of a child

9 under Section 11-1.40 or similar offense under the

10 Criminal Code of 1961;

11 (I) armed robbery under Section 18-2 or similar

12 offense under the Criminal Code of 1961;

13 (J) vehicular hijacking under Section 18-3 or

14 similar offense under the Criminal Code of 1961;

15 (K) aggravated vehicular hijacking under Section

16 18-4 or similar offense under the Criminal Code of

17 1961;

18 (L) home invasion with a firearm under paragraph

19 (3), (4), or (5) of subsection (a) of Section 19-6 or

20 similar offense under the Criminal Code of 1961;

21 (M) aggravated discharge of a firearm under

22 Section 24-1.2 or similar offense under the Criminal

23 Code of 1961;

24 (N) aggravated discharge of a machine gun or a

25 firearm equipped with a device designed or used for

26 silencing the report of a firearm under Section

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1 24-1.2-5 or similar offense under the Criminal Code of

2 1961;

3 (0) unlawful use of firearm projectiles under

4 Section 24-2.1 or similar offense under the Criminal

5 Code of 1961;

6 (P) manufacture, sale, or transfer of bullets or

7 shells represented to be armor piercing bullets,

8 dragon's breath shotgun shells, bolo shells, or

9 flechette shells under Section 24-2.2 or similar

10 offense under the Criminal Code of 1961;

11 (Q) unlawful sale or delivery of firearms under

12 Section 24-3 or similar offense under the Criminal

13 Code of 1961;

14 (R) unlawful discharge of firearm projectiles

15 under Section 24-3.2 or similar offense under the

16 Criminal Code of 1961;

17 (S) unlawful sale or delivery of firearms on

18 school premises of any school under Section 24-3.3 or

19 similar offense under the Criminal Code of 1961;

20 (T) unlawful purchase of a firearm under Section

21 24-3.5 or similar offense under the Criminal Code of

22 1961;

23 (U) use of a stolen or illegally acquired firearm

24 in the commission of an offense under Section 24-3.7

25 or similar offense under the Criminal Code of 1961;

26 (V) possession of a stolen firearm under Section

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1 24-3.8 or similar offense under the Criminal Code of

2 1961;

3 (W) aggravated possession of a stolen firearm

4 under Section 24-3.9 or similar offense under the

5 Criminal Code of 1961;

6 (X) gunrunning under Section 24-3A or similar

7 offense under the Criminal Code of 1961;

8 (Y) defacing identification marks of firearms

9 under Section 24-5 or similar offense under the

10 Criminal Code of 1961; and

11 (Z) armed violence under Section 33A-2 or similar

12 offense under the Criminal Code of 1961.

13 (b) APPLICABILITY. For an offense committed on or after

14 the effective date of this amendatory Act of the 100th General

15 Assembly and before January 1, 2023, when a person is

16 convicted of unlawful use or possession of a weapon by a felon,

17 when the weapon is a firearm, or aggravated unlawful use of a

18 weapon, when the weapon is a firearm, after being previously

19 convicted of a qualifying predicate offense the person shall

20 be subject to the sentencing guidelines under this Section.

21 (c) SENTENCING GUIDELINES.

22 (1) When a person is convicted of unlawful use or

23 possession of a weapon by a felon, when the weapon is a

24 firearm, and that person has been previously convicted of

25 a qualifying predicate offense, the person shall be

26 sentenced to a term of imprisonment within the sentencing

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1 range of not less than 7 years and not more than 14 years,

2 unless the court finds that a departure from the

3 sentencing guidelines under this paragraph is warranted

4 under subsection (d) of this Section.

5 (2) When a person is convicted of aggravated unlawful

6 use of a weapon, when the weapon is a firearm, and that

7 person has been previously convicted of a qualifying

8 predicate offense, the person shall be sentenced to a term

9 of imprisonment within the sentencing range of not less

10 than 6 years and not more than 7 years, unless the court

11 finds that a departure from the sentencing guidelines

12 under this paragraph is warranted under subsection (d) of

13 this Section.

14 (3) The sentencing guidelines in paragraphs (1) and

15 (2) of this subsection (c) apply only to offenses

16 committed on and after the effective date of this

17 amendatory Act of the 100th General Assembly and before

18 January 1, 2023.

19 (d) DEPARTURE FROM SENTENCING GUIDELINES.

20 (1) At the sentencing hearing conducted under Section

21 5-4-1 of this Code, the court may depart from the

22 sentencing guidelines provided in subsection (c) of this

23 Section and impose a sentence otherwise authorized by law

24 for the offense if the court, after considering any factor

25 under paragraph (2) of this subsection (d) relevant to the

26 nature and circumstances of the crime and to the history

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1 and character of the defendant, finds on the record

2 substantial and compelling justification that the sentence

3 within the sentencing guidelines would be unduly harsh and

4 that a sentence otherwise authorized by law would be

5 consistent with public safety and does not deprecate the

6 seriousness of the offense.

7 (2) In deciding whether to depart from the sentencing

8 guidelines under this paragraph, the court shall consider:

9 (A) the age, immaturity, or limited mental

10 capacity of the defendant at the time of commission of

11 the qualifying predicate or current offense, including

12 whether the defendant was suffering from a mental or

13 physical condition insufficient to constitute a

14 defense but significantly reduced the defendant's

15 culpability;

16 (B) the nature and circumstances of the qualifying

17 predicate offense;

18 (C) the time elapsed since the qualifying

19 predicate offense;

20 (D) the nature and circumstances of the current

21 offense;

22 (E) the defendant's prior criminal history;

23 (F) whether the defendant committed the qualifying

24 predicate or current offense under specific and

25 credible duress, coercion, threat, or compulsion;

26 (G) whether the defendant aided in the

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1 apprehension of another felon or testified truthfully

2 on behalf of another prosecution of a felony; and

3 (H) whether departure is in the interest of the

4 person's rehabilitation, including employment or

5 educational or vocational training, after taking into

6 account any past rehabilitation efforts or

7 dispositions of probation or supervision, and the

8 defendant's cooperation or response to rehabilitation.

9 (3) When departing from the sentencing guidelines

10 under this Section, the court shall specify on the record,

11 the particular evidence, information, factor or factors,

12 or other reasons which led to the departure from the

13 sentencing guidelines. When departing from the sentencing

14 range in accordance with this subsection (d), the court

15 shall indicate on the sentencing order which departure

16 factor or factors outlined in paragraph (2) of this

17 subsection (d) led to the sentence imposed. The sentencing

18 order shall be filed with the clerk of the court and shall

19 be a public record.

20 (e) This Section is repealed on January 1, 2023.

21 (Source: P.A. 100-3, eff. 1-1-18.)

22 (730 ILCS 5/5-5-3)

23 Sec. 5-5-3. Disposition.

24 (a) (Blank).

25 (b) (Blank).

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1 (c) (1) (Blank).

2 (2) A period of probation, a term of periodic imprisonment

3 or conditional discharge shall not be imposed for the

4 following offenses. The court shall sentence the offender to

5 not less than the minimum term of imprisonment set forth in

6 this Code for the following offenses, and may order a fine or

7 restitution or both in conjunction with such term of

8 imprisonment:

9 (A) First degree murder where the death penalty is not

10 imposed.

11 (B) Attempted first degree murder.

12 (C) A Class X felony.

13 (D) A violation of Section 401.1 or 407 of the

14 Illinois Controlled Substances Act, or a violation of

15 subdivision (c)(1.5) of Section 401 of that Act which

16 relates to more than 5 grams of a substance containing

17 fentanyl or an analog thereof.

18 (D-5) A violation of subdivision (c)(1) of Section 401

19 of the Illinois Controlled Substances Act which relates to

20 3 or more grams of a substance containing heroin or an

21 analog thereof.

22 (E) (Blank).

23 (F) A Class 1 or greater felony if the offender had

24 been convicted of a Class 1 or greater felony, including

25 any state or federal conviction for an offense that

26 contained, at the time it was committed, the same elements

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1 as an offense now (the date of the offense committed after

2 the prior Class 1 or greater felony) classified as a Class

3 1 or greater felony, within 10 years of the date on which

4 the offender committed the offense for which he or she is

5 being sentenced, except as otherwise provided in Section

6 40-10 of the Substance Use Disorder Act.

7 (F-3) A Class 2 or greater felony sex offense or

8 felony firearm offense if the offender had been convicted

9 of a Class 2 or greater felony, including any state or

10 federal conviction for an offense that contained, at the

11 time it was committed, the same elements as an offense now

12 (the date of the offense committed after the prior Class 2

13 or greater felony) classified as a Class 2 or greater

14 felony, within 10 years of the date on which the offender

15 committed the offense for which he or she is being

16 sentenced, except as otherwise provided in Section 40-10

17 of the Substance Use Disorder Act.

18 (F-5) A violation of Section 18-4, 24-1, 24-1.1,

19 24-1.2, ~~or~~ 24-1.6, 24-1.7, 24-1.8, or 24-3.7 or paragraph

20 (d) of subsection (A) of Section 24-3 of the Criminal Code

21 of 1961 or the Criminal Code of 2012 for which

22 imprisonment is prescribed in those Sections.

23 (G) Residential burglary, except as otherwise provided

24 in Section 40-10 of the Substance Use Disorder Act.

25 (H) Criminal sexual assault.

26 (I) Aggravated battery of a senior citizen as

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1 described in Section 12-4.6 or subdivision (a)(4) of

2 Section 12-3.05 of the Criminal Code of 1961 or the

3 Criminal Code of 2012.

4 (J) A forcible felony if the offense was related to

5 the activities of an organized gang.

6 Before July 1, 1994, for the purposes of this

7 paragraph, "organized gang" means an association of 5 or

8 more persons, with an established hierarchy, that

9 encourages members of the association to perpetrate crimes

10 or provides support to the members of the association who

11 do commit crimes.

12 Beginning July 1, 1994, for the purposes of this

13 paragraph, "organized gang" has the meaning ascribed to it

14 in Section 10 of the Illinois Streetgang Terrorism Omnibus

15 Prevention Act.

16 (K) Vehicular hijacking.

17 (L) A second or subsequent conviction for the offense

18 of hate crime when the underlying offense upon which the

19 hate crime is based is felony aggravated assault or felony

20 mob action.

21 (M) A second or subsequent conviction for the offense

22 of institutional vandalism if the damage to the property

23 exceeds $300.

24 (N) A Class 3 felony violation of paragraph (1) of

25 subsection (a) of Section 2 of the Firearm Owners

26 Identification Card Act.

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1 (O) A violation of Section 12-6.1 or 12-6.5 of the

2 Criminal Code of 1961 or the Criminal Code of 2012.

3 (P) A violation of paragraph (1), (2), (3), (4), (5),

4 or (7) of subsection (a) of Section 11-20.1 of the

5 Criminal Code of 1961 or the Criminal Code of 2012.

6 (Q) A violation of subsection (b) or (b-5) of Section

7 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

8 Code of 1961 or the Criminal Code of 2012.

9 (R) A violation of Section 24-3A of the Criminal Code

10 of 1961 or the Criminal Code of 2012.

11 (S) (Blank).

12 (T) (Blank).

13 (U) A second or subsequent violation of Section 6-303

14 of the Illinois Vehicle Code committed while his or her

15 driver's license, permit, or privilege was revoked because

16 of a violation of Section 9-3 of the Criminal Code of 1961

17 or the Criminal Code of 2012, relating to the offense of

18 reckless homicide, or a similar provision of a law of

19 another state.

20 (V) A violation of paragraph (4) of subsection (c) of

21 Section 11-20.1B or paragraph (4) of subsection (c) of

22 Section 11-20.3 of the Criminal Code of 1961, or paragraph

23 (6) of subsection (a) of Section 11-20.1 of the Criminal

24 Code of 2012 when the victim is under 13 years of age and

25 the defendant has previously been convicted under the laws

26 of this State or any other state of the offense of child

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1 pornography, aggravated child pornography, aggravated

2 criminal sexual abuse, aggravated criminal sexual assault,

3 predatory criminal sexual assault of a child, or any of

4 the offenses formerly known as rape, deviate sexual

5 assault, indecent liberties with a child, or aggravated

6 indecent liberties with a child where the victim was under

7 the age of 18 years or an offense that is substantially

8 equivalent to those offenses.

9 (W) A violation of Section 24-3.5 of the Criminal Code

10 of 1961 or the Criminal Code of 2012.

11 (X) A violation of subsection (a) of Section 31-1a of

12 the Criminal Code of 1961 or the Criminal Code of 2012.

13 (Y) A conviction for unlawful possession of a firearm

14 by a street gang member when the firearm was loaded or

15 contained firearm ammunition.

16 (Z) A Class 1 felony committed while he or she was

17 serving a term of probation or conditional discharge for a

18 felony.

19 (AA) Theft of property exceeding $500,000 and not

20 exceeding $1,000,000 in value.

21 (BB) Laundering of criminally derived property of a

22 value exceeding $500,000.

23 (CC) Knowingly selling, offering for sale, holding for

24 sale, or using 2,000 or more counterfeit items or

25 counterfeit items having a retail value in the aggregate

26 of $500,000 or more.

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1 (DD) A conviction for aggravated assault under

2 paragraph (6) of subsection (c) of Section 12-2 of the

3 Criminal Code of 1961 or the Criminal Code of 2012 if the

4 firearm is aimed toward the person against whom the

5 firearm is being used.

6 (EE) A conviction for a violation of paragraph (2) of

7 subsection (a) of Section 24-3B of the Criminal Code of

8 2012.

9 (3) (Blank).

10 (4) A minimum term of imprisonment of not less than 10

11 consecutive days or 30 days of community service shall be

12 imposed for a violation of paragraph (c) of Section 6-303 of

13 the Illinois Vehicle Code.

14 (4.1) (Blank).

15 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

16 this subsection (c), a minimum of 100 hours of community

17 service shall be imposed for a second violation of Section

18 6-303 of the Illinois Vehicle Code.

19 (4.3) A minimum term of imprisonment of 30 days or 300

20 hours of community service, as determined by the court, shall

21 be imposed for a second violation of subsection (c) of Section

22 6-303 of the Illinois Vehicle Code.

23 (4.4) Except as provided in paragraphs (4.5), (4.6), and

24 (4.9) of this subsection (c), a minimum term of imprisonment

25 of 30 days or 300 hours of community service, as determined by

26 the court, shall be imposed for a third or subsequent

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1 violation of Section 6-303 of the Illinois Vehicle Code. The

2 court may give credit toward the fulfillment of community

3 service hours for participation in activities and treatment as

4 determined by court services.

5 (4.5) A minimum term of imprisonment of 30 days shall be

6 imposed for a third violation of subsection (c) of Section

7 6-303 of the Illinois Vehicle Code.

8 (4.6) Except as provided in paragraph (4.10) of this

9 subsection (c), a minimum term of imprisonment of 180 days

10 shall be imposed for a fourth or subsequent violation of

11 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

12 (4.7) A minimum term of imprisonment of not less than 30

13 consecutive days, or 300 hours of community service, shall be

14 imposed for a violation of subsection (a-5) of Section 6-303

15 of the Illinois Vehicle Code, as provided in subsection (b-5)

16 of that Section.

17 (4.8) A mandatory prison sentence shall be imposed for a

18 second violation of subsection (a-5) of Section 6-303 of the

19 Illinois Vehicle Code, as provided in subsection (c-5) of that

20 Section. The person's driving privileges shall be revoked for

21 a period of not less than 5 years from the date of his or her

22 release from prison.

23 (4.9) A mandatory prison sentence of not less than 4 and

24 not more than 15 years shall be imposed for a third violation

25 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

26 Code, as provided in subsection (d-2.5) of that Section. The

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1 person's driving privileges shall be revoked for the remainder

2 of his or her life.

3 (4.10) A mandatory prison sentence for a Class 1 felony

4 shall be imposed, and the person shall be eligible for an

5 extended term sentence, for a fourth or subsequent violation

6 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

7 Code, as provided in subsection (d-3.5) of that Section. The

8 person's driving privileges shall be revoked for the remainder

9 of his or her life.

10 (5) The court may sentence a corporation or unincorporated

11 association convicted of any offense to:

12 (A) a period of conditional discharge;

13 (B) a fine;

14 (C) make restitution to the victim under Section 5-5-6

15 of this Code.

16 (5.1) In addition to any other penalties imposed, and

17 except as provided in paragraph (5.2) or (5.3), 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 at least 90 days but not

21 more than one year, if the violation resulted in damage to the

22 property of another person.

23 (5.2) In addition to any other penalties imposed, and

24 except as provided in paragraph (5.3), a person convicted of

25 violating subsection (c) of Section 11-907 of the Illinois

26 Vehicle Code shall have his or her driver's license, permit,

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1 or privileges suspended for at least 180 days but not more than

2 2 years, if the violation resulted in injury to another

3 person.

4 (5.3) In addition to any other penalties imposed, a person

5 convicted of violating subsection (c) of Section 11-907 of the

6 Illinois Vehicle Code shall have his or her driver's license,

7 permit, or privileges suspended for 2 years, if the violation

8 resulted in the death of another person.

9 (5.4) In addition to any other penalties imposed, a person

10 convicted of violating Section 3-707 of the Illinois Vehicle

11 Code shall have his or her driver's license, permit, or

12 privileges suspended for 3 months and until he or she has paid

13 a reinstatement fee of $100.

14 (5.5) In addition to any other penalties imposed, a person

15 convicted of violating Section 3-707 of the Illinois Vehicle

16 Code during a period in which his or her driver's license,

17 permit, or privileges were suspended for a previous violation

18 of that Section shall have his or her driver's license,

19 permit, or privileges suspended for an additional 6 months

20 after the expiration of the original 3-month suspension and

21 until he or she has paid a reinstatement fee of $100.

22 (6) (Blank).

23 (7) (Blank).

24 (8) (Blank).

25 (9) A defendant convicted of a second or subsequent

26 offense of ritualized abuse of a child may be sentenced to a

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1 term of natural life imprisonment.

2 (10) (Blank).

3 (11) The court shall impose a minimum fine of $1,000 for a

4 first offense and $2,000 for a second or subsequent offense

5 upon a person convicted of or placed on supervision for

6 battery when the individual harmed was a sports official or

7 coach at any level of competition and the act causing harm to

8 the sports official or coach occurred within an athletic

9 facility or within the immediate vicinity of the athletic

10 facility at which the sports official or coach was an active

11 participant of the athletic contest held at the athletic

12 facility. For the purposes of this paragraph (11), "sports

13 official" means a person at an athletic contest who enforces

14 the rules of the contest, such as an umpire or referee;

15 "athletic facility" means an indoor or outdoor playing field

16 or recreational area where sports activities are conducted;

17 and "coach" means a person recognized as a coach by the

18 sanctioning authority that conducted the sporting event.

19 (12) A person may not receive a disposition of court

20 supervision for a violation of Section 5-16 of the Boat

21 Registration and Safety Act if that person has previously

22 received a disposition of court supervision for a violation of

23 that Section.

24 (13) A person convicted of or placed on court supervision

25 for an assault or aggravated assault when the victim and the

26 offender are family or household members as defined in Section

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1 103 of the Illinois Domestic Violence Act of 1986 or convicted

2 of domestic battery or aggravated domestic battery may be

3 required to attend a Partner Abuse Intervention Program under

4 protocols set forth by the Illinois Department of Human

5 Services under such terms and conditions imposed by the court.

6 The costs of such classes shall be paid by the offender.

7 (d) In any case in which a sentence originally imposed is

8 vacated, the case shall be remanded to the trial court. The

9 trial court shall hold a hearing under Section 5-4-1 of this

10 Code which may include evidence of the defendant's life, moral

11 character and occupation during the time since the original

12 sentence was passed. The trial court shall then impose

13 sentence upon the defendant. The trial court may impose any

14 sentence which could have been imposed at the original trial

15 subject to Section 5-5-4 of this Code. If a sentence is vacated

16 on appeal or on collateral attack due to the failure of the

17 trier of fact at trial to determine beyond a reasonable doubt

18 the existence of a fact (other than a prior conviction)

19 necessary to increase the punishment for the offense beyond

20 the statutory maximum otherwise applicable, either the

21 defendant may be re-sentenced to a term within the range

22 otherwise provided or, if the State files notice of its

23 intention to again seek the extended sentence, the defendant

24 shall be afforded a new trial.

25 (e) In cases where prosecution for aggravated criminal

26 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

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1 Code of 1961 or the Criminal Code of 2012 results in conviction

2 of a defendant who was a family member of the victim at the

3 time of the commission of the offense, the court shall

4 consider the safety and welfare of the victim and may impose a

5 sentence of probation only where:

6 (1) the court finds (A) or (B) or both are

7 appropriate:

8 (A) the defendant is willing to undergo a court

9 approved counseling program for a minimum duration of

10 2 years; or

11 (B) the defendant is willing to participate in a

12 court approved plan including but not limited to the

13 defendant's:

14 (i) removal from the household;

15 (ii) restricted contact with the victim;

16 (iii) continued financial support of the

17 family;

18 (iv) restitution for harm done to the victim;

19 and

20 (v) compliance with any other measures that

21 the court may deem appropriate; and

22 (2) the court orders the defendant to pay for the

23 victim's counseling services, to the extent that the court

24 finds, after considering the defendant's income and

25 assets, that the defendant is financially capable of

26 paying for such services, if the victim was under 18 years

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1 of age at the time the offense was committed and requires

2 counseling as a result of the offense.

3 Probation may be revoked or modified pursuant to Section

4 5-6-4; except where the court determines at the hearing that

5 the defendant violated a condition of his or her probation

6 restricting contact with the victim or other family members or

7 commits another offense with the victim or other family

8 members, the court shall revoke the defendant's probation and

9 impose a term of imprisonment.

10 For the purposes of this Section, "family member" and

11 "victim" shall have the meanings ascribed to them in Section

12 11-0.1 of the Criminal Code of 2012.

13 (f) (Blank).

14 (g) Whenever a defendant is convicted of an offense under

15 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

16 11-14.3, 11-14.4 except for an offense that involves keeping a

17 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

18 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

19 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

20 Criminal Code of 2012, the defendant shall undergo medical

21 testing to determine whether the defendant has any sexually

22 transmissible disease, including a test for infection with

23 human immunodeficiency virus (HIV) or any other identified

24 causative agent of acquired immunodeficiency syndrome (AIDS).

25 Any such medical test shall be performed only by appropriately

26 licensed medical practitioners and may include an analysis of

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1 any bodily fluids as well as an examination of the defendant's

2 person. Except as otherwise provided by law, the results of

3 such test shall be kept strictly confidential by all medical

4 personnel involved in the testing and must be personally

5 delivered in a sealed envelope to the judge of the court in

6 which the conviction was entered for the judge's inspection in

7 camera. Acting in accordance with the best interests of the

8 victim and the public, the judge shall have the discretion to

9 determine to whom, if anyone, the results of the testing may be

10 revealed. The court shall notify the defendant of the test

11 results. The court shall also notify the victim if requested

12 by the victim, and if the victim is under the age of 15 and if

13 requested by the victim's parents or legal guardian, the court

14 shall notify the victim's parents or legal guardian of the

15 test results. The court shall provide information on the

16 availability of HIV testing and counseling at Department of

17 Public Health facilities to all parties to whom the results of

18 the testing are revealed and shall direct the State's Attorney

19 to provide the information to the victim when possible. A

20 State's Attorney may petition the court to obtain the results

21 of any HIV test administered under this Section, and the court

22 shall grant the disclosure if the State's Attorney shows it is

23 relevant in order to prosecute a charge of criminal

24 transmission of HIV under Section 12-5.01 or 12-16.2 of the

25 Criminal Code of 1961 or the Criminal Code of 2012 against the

26 defendant. The court shall order that the cost of any such test

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1 shall be paid by the county and may be taxed as costs against

2 the convicted defendant.

3 (g-5) When an inmate is tested for an airborne

4 communicable disease, as determined by the Illinois Department

5 of Public Health including but not limited to tuberculosis,

6 the results of the test shall be personally delivered by the

7 warden or his or her designee in a sealed envelope to the judge

8 of the court in which the inmate must appear for the judge's

9 inspection in camera if requested by the judge. Acting in

10 accordance with the best interests of those in the courtroom,

11 the judge shall have the discretion to determine what if any

12 precautions need to be taken to prevent transmission of the

13 disease in the courtroom.

14 (h) Whenever a defendant is convicted of an offense under

15 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

16 defendant shall undergo medical testing to determine whether

17 the defendant has been exposed to human immunodeficiency virus

18 (HIV) or any other identified causative agent of acquired

19 immunodeficiency syndrome (AIDS). Except as otherwise provided

20 by law, the results of such test shall be kept strictly

21 confidential by all medical personnel involved in the testing

22 and must be personally delivered in a sealed envelope to the

23 judge of the court in which the conviction was entered for the

24 judge's inspection in camera. Acting in accordance with the

25 best interests of the public, the judge shall have the

26 discretion to determine to whom, if anyone, the results of the

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1 testing may be revealed. The court shall notify the defendant

2 of a positive test showing an infection with the human

3 immunodeficiency virus (HIV). The court shall provide

4 information on the availability of HIV testing and counseling

5 at Department of Public Health facilities to all parties to

6 whom the results of the testing are revealed and shall direct

7 the State's Attorney to provide the information to the victim

8 when possible. A State's Attorney may petition the court to

9 obtain the results of any HIV test administered under this

10 Section, and the court shall grant the disclosure if the

11 State's Attorney shows it is relevant in order to prosecute a

12 charge of criminal transmission of HIV under Section 12-5.01

13 or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

14 2012 against the defendant. The court shall order that the

15 cost of any such test shall be paid by the county and may be

16 taxed as costs against the convicted defendant.

17 (i) All fines and penalties imposed under this Section for

18 any violation of Chapters 3, 4, 6, and 11 of the Illinois

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

20 any violation of the Child Passenger Protection Act, or a

21 similar provision of a local ordinance, shall be collected and

22 disbursed by the circuit clerk as provided under the Criminal

23 and Traffic Assessment Act.

24 (j) In cases when prosecution for any violation of Section

25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

26 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

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1 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

2 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

3 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

4 Code of 2012, any violation of the Illinois Controlled

5 Substances Act, any violation of the Cannabis Control Act, or

6 any violation of the Methamphetamine Control and Community

7 Protection Act results in conviction, a disposition of court

8 supervision, or an order of probation granted under Section 10

9 of the Cannabis Control Act, Section 410 of the Illinois

10 Controlled Substances Act, or Section 70 of the

11 Methamphetamine Control and Community Protection Act of a

12 defendant, the court shall determine whether the defendant is

13 employed by a facility or center as defined under the Child

14 Care Act of 1969, a public or private elementary or secondary

15 school, or otherwise works with children under 18 years of age

16 on a daily basis. When a defendant is so employed, the court

17 shall order the Clerk of the Court to send a copy of the

18 judgment of conviction or order of supervision or probation to

19 the defendant's employer by certified mail. If the employer of

20 the defendant is a school, the Clerk of the Court shall direct

21 the mailing of a copy of the judgment of conviction or order of

22 supervision or probation to the appropriate regional

23 superintendent of schools. The regional superintendent of

24 schools shall notify the State Board of Education of any

25 notification under this subsection.

26 (j-5) A defendant at least 17 years of age who is convicted

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1 of a felony and who has not been previously convicted of a

2 misdemeanor or felony and who is sentenced to a term of

3 imprisonment in the Illinois Department of Corrections shall

4 as a condition of his or her sentence be required by the court

5 to attend educational courses designed to prepare the

6 defendant for a high school diploma and to work toward a high

7 school diploma or to work toward passing high school

8 equivalency testing or to work toward completing a vocational

9 training program offered by the Department of Corrections. If

10 a defendant fails to complete the educational training

11 required by his or her sentence during the term of

12 incarceration, the Prisoner Review Board shall, as a condition

13 of mandatory supervised release, require the defendant, at his

14 or her own expense, to pursue a course of study toward a high

15 school diploma or passage of high school equivalency testing.

16 The Prisoner Review Board shall revoke the mandatory

17 supervised release of a defendant who wilfully fails to comply

18 with this subsection (j-5) upon his or her release from

19 confinement in a penal institution while serving a mandatory

20 supervised release term; however, the inability of the

21 defendant after making a good faith effort to obtain financial

22 aid or pay for the educational training shall not be deemed a

23 wilful failure to comply. The Prisoner Review Board shall

24 recommit the defendant whose mandatory supervised release term

25 has been revoked under this subsection (j-5) as provided in

26 Section 3-3-9. This subsection (j-5) does not apply to a

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1 defendant who has a high school diploma or has successfully

2 passed high school equivalency testing. This subsection (j-5)

3 does not apply to a defendant who is determined by the court to

4 be a person with a developmental disability or otherwise

5 mentally incapable of completing the educational or vocational

6 program.

7 (k) (Blank).

8 (l) (A) Except as provided in paragraph (C) of subsection

9 (l), whenever a defendant, who is an alien as defined by the

10 Immigration and Nationality Act, is convicted of any felony or

11 misdemeanor offense, the court after sentencing the defendant

12 may, upon motion of the State's Attorney, hold sentence in

13 abeyance and remand the defendant to the custody of the

14 Attorney General of the United States or his or her designated

15 agent to be deported 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 Otherwise, the defendant shall be sentenced as provided in

23 this Chapter V.

24 (B) If the defendant has already been sentenced for a

25 felony or misdemeanor offense, or has been placed on probation

26 under Section 10 of the Cannabis Control Act, Section 410 of

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1 the Illinois Controlled Substances Act, or Section 70 of the

2 Methamphetamine Control and Community Protection Act, the

3 court may, upon motion of the State's Attorney to suspend the

4 sentence imposed, commit the defendant to the custody of the

5 Attorney General of the United States or his or her designated

6 agent when:

7 (1) a final order of deportation has been issued

8 against the defendant pursuant to proceedings under the

9 Immigration and Nationality Act, and

10 (2) the deportation of the defendant would not

11 deprecate the seriousness of the defendant's conduct and

12 would not be inconsistent with the ends of justice.

13 (C) This subsection (l) does not apply to offenders who

14 are subject to the provisions of paragraph (2) of subsection

15 (a) of Section 3-6-3.

16 (D) Upon motion of the State's Attorney, if a defendant

17 sentenced under this Section returns to the jurisdiction of

18 the United States, the defendant shall be recommitted to the

19 custody of the county from which he or she was sentenced.

20 Thereafter, the defendant shall be brought before the

21 sentencing court, which may impose any sentence that was

22 available under Section 5-5-3 at the time of initial

23 sentencing. In addition, the defendant shall not be eligible

24 for additional earned sentence credit as provided under

25 Section 3-6-3.

26 (m) A person convicted of criminal defacement of property

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1 under Section 21-1.3 of the Criminal Code of 1961 or the

2 Criminal Code of 2012, in which the property damage exceeds

3 $300 and the property damaged is a school building, shall be

4 ordered to perform community service that may include cleanup,

5 removal, or painting over the defacement.

6 (n) The court may sentence a person convicted of a

7 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

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

9 of 1961 or the Criminal Code of 2012 (i) to an impact

10 incarceration program if the person is otherwise eligible for

11 that program under Section 5-8-1.1, (ii) to community service,

12 or (iii) if the person has a substance use disorder, as defined

13 in the Substance Use Disorder Act, to a treatment program

14 licensed under that Act.

15 (o) Whenever a person is convicted of a sex offense as

16 defined in Section 2 of the Sex Offender Registration Act, the

17 defendant's driver's license or permit shall be subject to

18 renewal on an annual basis in accordance with the provisions

19 of license renewal established by the Secretary of State.

20 (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;

21 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)

22 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)

23 Sec. 5-8-4. Concurrent and consecutive terms of

24 imprisonment.

25 (a) Concurrent terms; multiple or additional sentences.

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1 When an Illinois court (i) imposes multiple sentences of

2 imprisonment on a defendant at the same time or (ii) imposes a

3 sentence of imprisonment on a defendant who is already subject

4 to a sentence of imprisonment imposed by an Illinois court, a

5 court of another state, or a federal court, then the sentences

6 shall run concurrently unless otherwise determined by the

7 Illinois court under this Section.

8 (b) Concurrent terms; misdemeanor and felony. A defendant

9 serving a sentence for a misdemeanor who is convicted of a

10 felony and sentenced to imprisonment shall be transferred to

11 the Department of Corrections, and the misdemeanor sentence

12 shall be merged in and run concurrently with the felony

13 sentence.

14 (c) Consecutive terms; permissive. The court may impose

15 consecutive sentences in any of the following circumstances:

16 (1) If, having regard to the nature and circumstances

17 of the offense and the history and character of the

18 defendant, it is the opinion of the court that consecutive

19 sentences are required to protect the public from further

20 criminal conduct by the defendant, the basis for which the

21 court shall set forth in the record.

22 (2) If one of the offenses for which a defendant was

23 convicted was a violation of Section 32-5.2 (aggravated

24 false personation of a peace officer) of the Criminal Code

25 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision

26 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of

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1 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the

2 offense was committed in attempting or committing a

3 forcible felony.

4 (d) Consecutive terms; mandatory. The court shall impose

5 consecutive sentences in each of the following circumstances:

6 (1) One of the offenses for which the defendant was

7 convicted was first degree murder or a Class X or Class 1

8 felony and the defendant inflicted severe bodily injury.

9 (2) The defendant was convicted of a violation of

10 Section 11-1.20 or 12-13 (criminal sexual assault),

11 11-1.30 or 12-14 (aggravated criminal sexual assault), or

12 11-1.40 or 12-14.1 (predatory criminal sexual assault of a

13 child) of the Criminal Code of 1961 or the Criminal Code of

14 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,

15 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or

16 5/12-14.1).

17 (2.5) The defendant was convicted of a violation of

18 paragraph (1), (2), (3), (4), (5), or (7) of subsection

19 (a) of Section 11-20.1 (child pornography) or of paragraph

20 (1), (2), (3), (4), (5), or (7) of subsection (a) of

21 Section 11-20.1B or 11-20.3 (aggravated child pornography)

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

23 or the defendant was convicted of a violation of paragraph

24 (6) of subsection (a) of Section 11-20.1 (child

25 pornography) or of paragraph (6) of subsection (a) of

26 Section 11-20.1B or 11-20.3 (aggravated child pornography)

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1 of the Criminal Code of 1961 or the Criminal Code of 2012,

2 when the child depicted is under the age of 13.

3 (3) The defendant was convicted of armed violence

4 based upon the predicate offense of any of the following:

5 solicitation of murder, solicitation of murder for hire,

6 heinous battery as described in Section 12-4.1 or

7 subdivision (a)(2) of Section 12-3.05, aggravated battery

8 of a senior citizen as described in Section 12-4.6 or

9 subdivision (a)(4) of Section 12-3.05, criminal sexual

10 assault, a violation of subsection (g) of Section 5 of the

11 Cannabis Control Act (720 ILCS 550/5), cannabis

12 trafficking, a violation of subsection (a) of Section 401

13 of the Illinois Controlled Substances Act (720 ILCS

14 570/401), controlled substance trafficking involving a

15 Class X felony amount of controlled substance under

16 Section 401 of the Illinois Controlled Substances Act (720

17 ILCS 570/401), a violation of the Methamphetamine Control

18 and Community Protection Act (720 ILCS 646/), calculated

19 criminal drug conspiracy, or streetgang criminal drug

20 conspiracy.

21 (4) The defendant was convicted of the offense of

22 leaving the scene of a motor vehicle accident involving

23 death or personal injuries under Section 11-401 of the

24 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)

25 aggravated driving under the influence of alcohol, other

26 drug or drugs, or intoxicating compound or compounds, or

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1 any combination thereof under Section 11-501 of the

2 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless

3 homicide under Section 9-3 of the Criminal Code of 1961 or

4 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an

5 offense described in item (A) and an offense described in

6 item (B).

7 (5) The defendant was convicted of a violation of

8 Section 9-3.1 or Section 9-3.4 (concealment of homicidal

9 death) or Section 12-20.5 (dismembering a human body) of

10 the Criminal Code of 1961 or the Criminal Code of 2012 (720

11 ILCS 5/9-3.1 or 5/12-20.5).

12 (5.5) The defendant was convicted of a violation of

13 Section 24-3.7 (use of a stolen or illegally acquired

14 firearm in the commission of an offense) of the Criminal

15 Code of 1961 or the Criminal Code of 2012.

16 (6) If the defendant was in the custody of the

17 Department of Corrections at the time of the commission of

18 the offense, the sentence shall be served consecutive to

19 the sentence under which the defendant is held by the

20 Department of Corrections. If, however, the defendant is

21 sentenced to punishment by death, the sentence shall be

22 executed at such time as the court may fix without regard

23 to the sentence under which the defendant may be held by

24 the Department.

25 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)

26 for escape or attempted escape shall be served consecutive

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1 to the terms under which the offender is held by the

2 Department of Corrections.

3 (8) If a person charged with a felony commits a

4 separate felony while on pretrial release or in pretrial

5 detention in a county jail facility or county detention

6 facility, then the sentences imposed upon conviction of

7 these felonies shall be served consecutively regardless of

8 the order in which the judgments of conviction are

9 entered.

10 (8.5) If a person commits a battery against a county

11 correctional officer or sheriff's employee while serving a

12 sentence or in pretrial detention in a county jail

13 facility, then the sentence imposed upon conviction of the

14 battery shall be served consecutively with the sentence

15 imposed upon conviction of the earlier misdemeanor or

16 felony, regardless of the order in which the judgments of

17 conviction are entered.

18 (9) If a person admitted to bail following conviction

19 of a felony commits a separate felony while free on bond or

20 if a person detained in a county jail facility or county

21 detention facility following conviction of a felony

22 commits a separate felony while in detention, then any

23 sentence following conviction of the separate felony shall

24 be consecutive to that of the original sentence for which

25 the defendant was on bond or detained.

26 (10) If a person is found to be in possession of an

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1 item of contraband, as defined in Section 31A-0.1 of the

2 Criminal Code of 2012, while serving a sentence in a

3 county jail or while in pre-trial detention in a county

4 jail, the sentence imposed upon conviction for the offense

5 of possessing contraband in a penal institution shall be

6 served consecutively to the sentence imposed for the

7 offense in which the person is serving sentence in the

8 county jail or serving pretrial detention, regardless of

9 the order in which the judgments of conviction are

10 entered.

11 (11) If a person is sentenced for a violation of bail

12 bond under Section 32-10 of the Criminal Code of 1961 or

13 the Criminal Code of 2012, any sentence imposed for that

14 violation shall be served consecutive to the sentence

15 imposed for the charge for which bail had been granted and

16 with respect to which the defendant has been convicted.

17 (e) Consecutive terms; subsequent non-Illinois term. If an

18 Illinois court has imposed a sentence of imprisonment on a

19 defendant and the defendant is subsequently sentenced to a

20 term of imprisonment by a court of another state or a federal

21 court, then the Illinois sentence shall run consecutively to

22 the sentence imposed by the court of the other state or the

23 federal court. That same Illinois court, however, may order

24 that the Illinois sentence run concurrently with the sentence

25 imposed by the court of the other state or the federal court,

26 but only if the defendant applies to that same Illinois court

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1 within 30 days after the sentence imposed by the court of the

2 other state or the federal court is finalized.

3 (f) Consecutive terms; aggregate maximums and minimums.

4 The aggregate maximum and aggregate minimum of consecutive

5 sentences shall be determined as follows:

6 (1) For sentences imposed under law in effect prior to

7 February 1, 1978, the aggregate maximum of consecutive

8 sentences shall not exceed the maximum term authorized

9 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of

10 Chapter V for the 2 most serious felonies involved. The

11 aggregate minimum period of consecutive sentences shall

12 not exceed the highest minimum term authorized under

13 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter

14 V for the 2 most serious felonies involved. When sentenced

15 only for misdemeanors, a defendant shall not be

16 consecutively sentenced to more than the maximum for one

17 Class A misdemeanor.

18 (2) For sentences imposed under the law in effect on

19 or after February 1, 1978, the aggregate of consecutive

20 sentences for offenses that were committed as part of a

21 single course of conduct during which there was no

22 substantial change in the nature of the criminal objective

23 shall not exceed the sum of the maximum terms authorized

24 under Article 4.5 of Chapter V for the 2 most serious

25 felonies involved, but no such limitation shall apply for

26 offenses that were not committed as part of a single

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1 course of conduct during which there was no substantial

2 change in the nature of the criminal objective. When

3 sentenced only for misdemeanors, a defendant shall not be

4 consecutively sentenced to more than the maximum for one

5 Class A misdemeanor.

6 (g) Consecutive terms; manner served. In determining the

7 manner in which consecutive sentences of imprisonment, one or

8 more of which is for a felony, will be served, the Department

9 of Corrections shall treat the defendant as though he or she

10 had been committed for a single term subject to each of the

11 following:

12 (1) The maximum period of a term of imprisonment shall

13 consist of the aggregate of the maximums of the imposed

14 indeterminate terms, if any, plus the aggregate of the

15 imposed determinate sentences for felonies, plus the

16 aggregate of the imposed determinate sentences for

17 misdemeanors, subject to subsection (f) of this Section.

18 (2) The parole or mandatory supervised release term

19 shall be as provided in paragraph (e) of Section 5-4.5-50

20 (730 ILCS 5/5-4.5-50) for the most serious of the offenses

21 involved.

22 (3) The minimum period of imprisonment shall be the

23 aggregate of the minimum and determinate periods of

24 imprisonment imposed by the court, subject to subsection

25 (f) of this Section.

26 (4) The defendant shall be awarded credit against the

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1 aggregate maximum term and the aggregate minimum term of

2 imprisonment for all time served in an institution since

3 the commission of the offense or offenses and as a

4 consequence thereof at the rate specified in Section 3-6-3

5 (730 ILCS 5/3-6-3).

6 (h) Notwithstanding any other provisions of this Section,

7 all sentences imposed by an Illinois court under this Code

8 shall run concurrent to any and all sentences imposed under

9 the Juvenile Court Act of 1987.

10 (Source: P.A. 102-350, eff. 8-13-21.)

11 Section 995. No acceleration or delay. Where this Act

12 makes changes in a statute that is represented in this Act by

13 text that is not yet or no longer in effect (for example, a

14 Section represented by multiple versions), the use of that

15 text does not accelerate or delay the taking effect of (i) the

16 changes made by this Act or (ii) provisions derived from any

17 other Public Act.

18 Section 999. Effective date. This Section and Sections 95

19 and 100 take effect upon becoming law.

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INDEX

Statutes amended in order of appearance