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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2928 Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/18-4 | | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | 720 ILCS 5/24-1.2 | from Ch. 38, par. 24-1.2 | 720 ILCS 5/24-1.7 | | 720 ILCS 5/24-3.7 | | 730 ILCS 5/5-4.5-110 | | 730 ILCS 5/5-5-3 | | 730 ILCS 5/5-8-4 | from Ch. 38, par. 1005-8-4 |
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Amends the Criminal Code of 2012. Provides for enhanced sentencing for: (1) aggravated vehicular hijacking; (2) unlawful use or possession of weapons by felons or
persons in the custody of the
Department of Corrections facilities; (3) aggravated discharge of a firearm; (4) being an armed habitual
criminal; and (5) use of a stolen or illegally acquired firearm in the commission of an offense. Adds additional protected classes of persons for which the offense of aggravated discharge of a firearm applies. Amends the Unified Code of Corrections to make conforming changes.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as |
| 6 | | follows:
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| 7 | | (720 ILCS 5/18-4)
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| 8 | | Sec. 18-4. Aggravated vehicular hijacking.
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| 9 | | (a) A person commits aggravated vehicular hijacking when |
| 10 | | he or she violates
Section 18-3; and
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| 11 | | (1) the person from whose immediate presence the motor |
| 12 | | vehicle is
taken is a person with a physical disability or |
| 13 | | a person 60 years of age or over;
or
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| 14 | | (2) a person under 16 years of age is a passenger in |
| 15 | | the motor vehicle at
the time of the offense; or
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| 16 | | (3) he or she carries on or about his or her person, or |
| 17 | | is otherwise armed
with a dangerous weapon, other than a |
| 18 | | firearm; or
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| 19 | | (4) he or she carries on or about his or her person or |
| 20 | | is otherwise armed
with a firearm; or
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| 21 | | (5) he or she, during the commission of the offense, |
| 22 | | personally discharges
a firearm; or
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| 23 | | (6) he or she, during the commission of the offense, |
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| 1 | | personally discharges
a firearm that proximately causes |
| 2 | | great bodily harm, permanent disability,
permanent |
| 3 | | disfigurement, or death to another person.
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| 4 | | (b) Sentence. Aggravated vehicular hijacking is a Class X |
| 5 | | felony for a first offense for which a term of imprisonment of |
| 6 | | not less than 10 years and not more than 60 years shall be |
| 7 | | imposed. A second or subsequent offense is a Class X felony for |
| 8 | | which a term of natural life imprisonment shall be imposed in |
| 9 | | violation of subsections
(a)(1) or (a)(2) is a Class X felony.
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| 10 | | A violation of subsection (a)(3) is a Class X
felony for which |
| 11 | | a term of imprisonment of not less than 7 years shall be
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| 12 | | imposed.
A violation of subsection (a)(4) is a Class X
felony |
| 13 | | for which 15 years shall be added to the term of imprisonment |
| 14 | | imposed by
the court. A violation of subsection (a)(5) is
a |
| 15 | | Class X felony for which 20 years shall be added to the term of |
| 16 | | imprisonment
imposed by the court. A violation of subsection
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| 17 | | (a)(6) is a Class X felony for which 25 years or up to a term |
| 18 | | of natural life
shall be added to the term of imprisonment |
| 19 | | imposed by the court.
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| 20 | | (Source: P.A. 99-143, eff. 7-27-15.)
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| 21 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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| 22 | | Sec. 24-1.1. Unlawful use or possession of weapons by |
| 23 | | felons or
persons in the custody of the
Department of |
| 24 | | Corrections facilities. |
| 25 | | (a) It is unlawful
for a person to knowingly possess on or |
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| 1 | | about his person or on his land or
in his own abode or fixed |
| 2 | | place of business any weapon prohibited under
Section 24-1 of |
| 3 | | this Act or any firearm or any firearm ammunition if the
person |
| 4 | | has been convicted of a felony under the laws of this State or |
| 5 | | any
other jurisdiction. This Section shall not apply if the |
| 6 | | person has been
granted relief by the Director of the |
| 7 | | Department of State Police
under Section 10 of the Firearm |
| 8 | | Owners Identification
Card Act.
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| 9 | | (b) It is unlawful for any person confined in a penal |
| 10 | | institution,
which is a facility of the Illinois Department of |
| 11 | | Corrections, to possess
any weapon prohibited under Section |
| 12 | | 24-1 of this Code or any firearm or
firearm ammunition, |
| 13 | | regardless of the intent with which he possesses it.
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| 14 | | (c) It shall be an affirmative defense to a violation of |
| 15 | | subsection (b), that such possession was specifically |
| 16 | | authorized by rule,
regulation, or directive of the Illinois |
| 17 | | Department of Corrections or order
issued pursuant thereto.
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| 18 | | (d) The defense of necessity is not available to a person |
| 19 | | who is charged
with a violation of subsection (b) of this |
| 20 | | Section.
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| 21 | | (e) Sentence. Violation of this Section is a Class X |
| 22 | | felony for a first offense for which a term of imprisonment of |
| 23 | | not less than 10 years shall be imposed. A second or subsequent |
| 24 | | offense is a Class X felony for which a term of natural life |
| 25 | | imprisonment shall be imposed by a person not confined
in a |
| 26 | | penal institution shall be a Class 3 felony
for which the |
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| 1 | | person shall be sentenced to no less than 2 years and no
more |
| 2 | | than 10 years. A second or subsequent violation of this |
| 3 | | Section shall be a Class 2 felony for which the person shall be |
| 4 | | sentenced to a term of imprisonment of not less than 3 years |
| 5 | | and not more than 14 years, except as provided for in Section |
| 6 | | 5-4.5-110 of the Unified Code of Corrections. Violation of |
| 7 | | this Section by a person not confined in a
penal institution |
| 8 | | who has been convicted of a forcible felony, a felony
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| 9 | | violation of Article 24 of this Code or of the Firearm Owners |
| 10 | | Identification
Card Act, stalking or aggravated stalking, or a |
| 11 | | Class 2 or greater felony
under the Illinois Controlled |
| 12 | | Substances Act, the Cannabis Control Act, or the |
| 13 | | Methamphetamine Control and Community Protection Act is a
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| 14 | | Class 2 felony for which the person
shall be sentenced to not |
| 15 | | less than 3 years and not more than 14 years, except as |
| 16 | | provided for in Section 5-4.5-110 of the Unified Code of |
| 17 | | Corrections.
Violation of this Section by a person who is on |
| 18 | | parole or mandatory supervised
release is a Class 2 felony for |
| 19 | | which the person shall be sentenced to not less than 3 years |
| 20 | | and not more than 14
years, except as provided for in Section |
| 21 | | 5-4.5-110 of the Unified Code of Corrections. Violation of |
| 22 | | this Section by a person not confined in a penal
institution is |
| 23 | | a Class X felony when the firearm possessed is a machine gun.
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| 24 | | Any person who violates this Section while confined in a penal
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| 25 | | institution, which is a facility of the Illinois Department of
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| 26 | | Corrections, is guilty of a Class 1
felony, if he possesses any |
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| 1 | | weapon prohibited under Section 24-1 of this
Code regardless |
| 2 | | of the intent with which he possesses it, a Class X
felony if |
| 3 | | he possesses any firearm, firearm ammunition or explosive, and |
| 4 | | a
Class X felony for which the offender shall be sentenced to |
| 5 | | not less than 12
years and not more than 50 years when the |
| 6 | | firearm possessed is a machine
gun. A violation of this |
| 7 | | Section while wearing or in possession of body armor as |
| 8 | | defined in Section 33F-1 is a Class X felony punishable by a |
| 9 | | term of imprisonment of not less than 10 years and not more |
| 10 | | than 40 years.
The possession of each firearm or firearm |
| 11 | | ammunition in violation of this Section constitutes a single |
| 12 | | and separate violation.
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| 13 | | (Source: P.A. 100-3, eff. 1-1-18.)
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| 14 | | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
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| 15 | | Sec. 24-1.2. Aggravated discharge of a firearm. |
| 16 | | (a) A person commits aggravated discharge of a firearm |
| 17 | | when he or she
knowingly or
intentionally:
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| 18 | | (1) Discharges a firearm at or into a building he or |
| 19 | | she knows or
reasonably
should know to be
occupied and the |
| 20 | | firearm is discharged from a place or position outside
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| 21 | | that building;
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| 22 | | (2) Discharges a firearm in the direction of another |
| 23 | | person or in the
direction of a vehicle he or she knows or |
| 24 | | reasonably should know to be
occupied by a person;
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| 25 | | (3) Discharges a firearm in the direction of a person |
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| 1 | | he or she knows
to be
a peace officer, a community policing |
| 2 | | volunteer, a
correctional institution employee, or a |
| 3 | | fireman while the officer,
volunteer,
employee or fireman |
| 4 | | is engaged in the execution of any of his or her
official
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| 5 | | duties, or to prevent the officer, volunteer, employee or |
| 6 | | fireman from
performing his or her
official duties, or in |
| 7 | | retaliation for the officer, volunteer, employee or
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| 8 | | fireman
performing his or her official duties;
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| 9 | | (4) Discharges a firearm in the direction of a vehicle |
| 10 | | he or she knows
to be
occupied by a peace officer, a person |
| 11 | | summoned or directed by a peace
officer, a correctional |
| 12 | | institution employee or a fireman while the
officer, |
| 13 | | employee or fireman is engaged in the execution of any of |
| 14 | | his or
her
official duties, or to prevent the officer, |
| 15 | | employee or fireman from
performing his or her official |
| 16 | | duties, or in retaliation for the officer,
employee or |
| 17 | | fireman performing his or her official duties;
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| 18 | | (5) Discharges a firearm in the direction of a person |
| 19 | | he or she knows
to be
emergency medical services personnel |
| 20 | | who is engaged in the execution of any of his or her |
| 21 | | official duties,
or to
prevent the
emergency medical |
| 22 | | services personnel from performing his or her official |
| 23 | | duties, or in
retaliation
for the
emergency medical |
| 24 | | services personnel performing his or her official duties;
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| 25 | | (6) Discharges a firearm in the direction of a vehicle |
| 26 | | he or she knows
to
be occupied by emergency medical |
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| 1 | | services personnel while the
emergency medical services |
| 2 | | personnel is engaged in the execution of any of his or her
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| 3 | | official
duties, or to prevent the
emergency medical |
| 4 | | services personnel from performing his or her official
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| 5 | | duties, or
in retaliation for the
emergency medical |
| 6 | | services personnel performing his or her official duties;
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| 7 | | (7) Discharges a firearm in the direction of a person |
| 8 | | he or she knows to
be a teacher or other person employed in |
| 9 | | any school and the teacher or other
employee is upon the |
| 10 | | grounds of a school or grounds adjacent to a school, or is
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| 11 | | in any part of a building used for school purposes;
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| 12 | | (8) Discharges a firearm in the direction of a person |
| 13 | | he or she knows to
be an emergency management worker while |
| 14 | | the emergency management worker is
engaged in the |
| 15 | | execution of any of his or her official duties, or to |
| 16 | | prevent
the emergency management worker from performing |
| 17 | | his or her official duties, or
in retaliation for the |
| 18 | | emergency management worker performing his or her
official |
| 19 | | duties; or
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| 20 | | (9) Discharges a firearm in the direction of a vehicle |
| 21 | | he or she knows to
be occupied by an emergency management |
| 22 | | worker while the emergency management
worker is engaged in |
| 23 | | the execution of any of his or her official duties, or to
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| 24 | | prevent the emergency management worker from performing |
| 25 | | his or her official
duties, or in retaliation for the |
| 26 | | emergency management worker performing his or
her official |
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| 1 | | duties; .
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| 2 | | (10) discharges a firearm in the direction of a person |
| 3 | | he or she knows to be a person under 18 years old; |
| 4 | | (11) discharges a firearm in the direction of a person |
| 5 | | he or she knows to be a veteran; |
| 6 | | (12) discharges a firearm in the direction of a person |
| 7 | | he or she knows to be 60 years of age or older; |
| 8 | | (13) discharges a firearm in the direction of a person |
| 9 | | he or she knows to be pregnant or has a physical |
| 10 | | disability; |
| 11 | | (14) discharges a firearm in the direction of a person |
| 12 | | he or she knows to be gathering for worship; |
| 13 | | (15) discharges a firearm in the direction of a person |
| 14 | | he or she knows to be boarding or riding public transit; |
| 15 | | (16) discharges a firearm in the direction of a person |
| 16 | | he or she knows to be a student at an institution of higher |
| 17 | | education; |
| 18 | | (17) discharges a firearm in the direction of a person |
| 19 | | who is in a public roadway, park, public housing, school, |
| 20 | | building under the control of the State or a unit of local |
| 21 | | government, church, hospital, nursing home, or any bus, |
| 22 | | train, or form of transportation paid
for in whole or in |
| 23 | | part with public funds, or any building, real property, or |
| 24 | | parking area under the control of a public transportation |
| 25 | | facility paid for in whole or in part with public funds; or |
| 26 | | (18) discharges a firearm during the commission or |
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| 1 | | attempted commission of vehicular hijacking. |
| 2 | | (b) A violation of subsection (a)(1) or subsection (a)(2) |
| 3 | | of this
Section is a Class 1 felony.
A violation of
subsection |
| 4 | | (a)(1) or (a)(2)
of this Section committed in a school, on the |
| 5 | | real property comprising a
school,
within 1,000 feet of the |
| 6 | | real property comprising a school, at a school related
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| 7 | | activity or on or within 1,000 feet of any conveyance owned, |
| 8 | | leased, or
contracted by a school to transport students to or |
| 9 | | from school or a school
related activity, regardless of the |
| 10 | | time of day or time of year that the
offense was committed is a |
| 11 | | Class X felony.
A violation of subsection (a)(3), (a)(4),
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| 12 | | (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11), |
| 13 | | (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or |
| 14 | | (a)(18) of this Section is a Class
X felony for which the
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| 15 | | sentence shall be a term of imprisonment of no less than 10 |
| 16 | | years and not more
than 45 years.
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| 17 | | (c) For purposes of this Section:
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| 18 | | "Emergency medical services personnel" has the meaning |
| 19 | | specified in Section 3.5 of the Emergency Medical Services |
| 20 | | (EMS) Systems Act and shall include all ambulance crew |
| 21 | | members, including drivers or pilots. |
| 22 | | "School" means a public or private elementary or secondary |
| 23 | | school,
community college, college, or university.
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| 24 | | "School related activity" means any sporting, social, |
| 25 | | academic, or other
activity for which students' attendance or |
| 26 | | participation is sponsored,
organized, or funded in whole or |
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| 1 | | in part by a school or school district.
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| 2 | | (Source: P.A. 99-816, eff. 8-15-16.)
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| 3 | | (720 ILCS 5/24-1.7) |
| 4 | | Sec. 24-1.7. Armed habitual criminal. |
| 5 | | (a) A person commits the offense of being an armed |
| 6 | | habitual
criminal if he or she receives, sells, possesses, or |
| 7 | | transfers
any firearm after having been convicted a total of 2 |
| 8 | | or more
times of any combination of the following offenses: |
| 9 | | (1) a forcible felony as defined in Section 2-8 of |
| 10 | | this Code; |
| 11 | | (2) unlawful use of a weapon by a felon; aggravated |
| 12 | | unlawful use of a weapon; aggravated discharge of a |
| 13 | | firearm; vehicular hijacking; aggravated vehicular |
| 14 | | hijacking; aggravated battery of a child as described in |
| 15 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
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| 16 | | intimidation; aggravated intimidation; gunrunning; home |
| 17 | | invasion; or aggravated battery with a firearm as |
| 18 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
| 19 | | (e)(3), or (e)(4) of Section 12-3.05; or |
| 20 | | (3) any violation of the Illinois Controlled |
| 21 | | Substances
Act or the Cannabis Control Act that is |
| 22 | | punishable as a Class 3
felony or higher. |
| 23 | | (b) Sentence. Being an armed habitual criminal is a Class |
| 24 | | X
felony for a first offense for which a term of imprisonment |
| 25 | | of not less than 10 years and not more than 30 years shall be |
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| 1 | | imposed. A second or subsequent offense is a Class X felony for |
| 2 | | which a term of natural life imprisonment shall be imposed.
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| 3 | | (Source: P.A. 96-1551, eff. 7-1-11.)
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| 4 | | (720 ILCS 5/24-3.7) |
| 5 | | Sec. 24-3.7. Use of a stolen or illegally acquired firearm |
| 6 | | in the commission of an offense. |
| 7 | | (a) A person commits the offense of use of a stolen or |
| 8 | | illegally acquired firearm in the commission of an offense |
| 9 | | when he or she knowingly uses a stolen or illegally acquired |
| 10 | | firearm in the commission of any offense and the person knows |
| 11 | | that the firearm was stolen or illegally acquired. |
| 12 | | (b) Sentence. Use of a stolen or illegally acquired |
| 13 | | firearm in the commission of an offense is a Class X felony for |
| 14 | | a first offense for which a term of imprisonment of not less |
| 15 | | than 10 years shall be imposed. A second or subsequent offense |
| 16 | | is a Class X felony for which a term of natural life |
| 17 | | imprisonment shall be imposed 2 felony.
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| 18 | | (c) "Illegally acquired firearm" means a firearm acquired |
| 19 | | in violation of Section 24-3. |
| 20 | | (Source: P.A. 96-190, eff. 1-1-10.)
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| 21 | | Section 10. The Unified Code of Corrections is amended by |
| 22 | | changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows:
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| 23 | | (730 ILCS 5/5-4.5-110) |
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| 1 | | (Section scheduled to be repealed on January 1, 2023) |
| 2 | | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH |
| 3 | | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. |
| 4 | | (a) DEFINITIONS. For the purposes of this Section: |
| 5 | | "Firearm" has the meaning ascribed to it in Section |
| 6 | | 1.1 of the Firearm Owners Identification Card Act. |
| 7 | | "Qualifying predicate offense" means the following |
| 8 | | offenses under the Criminal Code of 2012: |
| 9 | | (A) aggravated unlawful use of a weapon under |
| 10 | | Section 24-1.6 or similar offense under the Criminal |
| 11 | | Code of 1961, when the weapon is a firearm; |
| 12 | | (B) unlawful use or possession of a weapon by a |
| 13 | | felon under Section 24-1.1 or similar offense under |
| 14 | | the Criminal Code of 1961, when the
weapon is a |
| 15 | | firearm; |
| 16 | | (C) first degree murder under Section 9-1 or |
| 17 | | similar offense under the Criminal Code of 1961; |
| 18 | | (D) attempted first degree murder with a firearm |
| 19 | | or similar offense under the Criminal Code of 1961; |
| 20 | | (E) aggravated kidnapping with a firearm under |
| 21 | | paragraph (6) or (7) of subsection (a) of Section 10-2 |
| 22 | | or similar offense under the Criminal Code of 1961; |
| 23 | | (F) aggravated battery with a firearm under |
| 24 | | subsection (e) of Section 12-3.05 or similar offense |
| 25 | | under the Criminal Code of 1961; |
| 26 | | (G) aggravated criminal sexual assault under |
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| 1 | | Section 11-1.30 or similar offense under the Criminal |
| 2 | | Code of 1961; |
| 3 | | (H) predatory criminal sexual assault of a child |
| 4 | | under Section 11-1.40 or similar offense under the |
| 5 | | Criminal Code of 1961; |
| 6 | | (I) armed robbery under Section 18-2 or similar |
| 7 | | offense under the Criminal Code of 1961; |
| 8 | | (J) vehicular hijacking under Section 18-3 or |
| 9 | | similar offense under the Criminal Code of 1961; |
| 10 | | (K) aggravated vehicular hijacking under Section |
| 11 | | 18-4 or similar offense under the Criminal Code of |
| 12 | | 1961; |
| 13 | | (L) home invasion with a firearm under paragraph |
| 14 | | (3), (4), or (5) of subsection (a) of Section 19-6 or |
| 15 | | similar offense under the Criminal Code of 1961; |
| 16 | | (M) aggravated discharge of a firearm under |
| 17 | | Section 24-1.2 or similar offense under the Criminal |
| 18 | | Code of 1961; |
| 19 | | (N) aggravated discharge of a machine gun or a |
| 20 | | firearm equipped with a device
designed or used for |
| 21 | | silencing the report of a firearm under Section |
| 22 | | 24-1.2-5 or similar offense under the Criminal Code of |
| 23 | | 1961; |
| 24 | | (0) unlawful use of firearm projectiles under |
| 25 | | Section 24-2.1 or similar offense under the Criminal |
| 26 | | Code of 1961; |
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| 1 | | (P) manufacture, sale, or transfer of bullets or |
| 2 | | shells represented to be armor piercing
bullets, |
| 3 | | dragon's breath shotgun shells, bolo shells, or |
| 4 | | flechette shells under Section 24-2.2 or similar |
| 5 | | offense under the Criminal Code of 1961; |
| 6 | | (Q) unlawful sale or delivery of firearms under |
| 7 | | Section 24-3 or similar offense under the Criminal |
| 8 | | Code of 1961; |
| 9 | | (R) unlawful discharge of firearm projectiles |
| 10 | | under Section 24-3.2 or similar offense under the |
| 11 | | Criminal Code of 1961; |
| 12 | | (S) unlawful sale or delivery of firearms on |
| 13 | | school premises of any school under Section 24-3.3 or |
| 14 | | similar offense under the Criminal Code of 1961; |
| 15 | | (T) unlawful purchase of a firearm under Section |
| 16 | | 24-3.5 or similar offense under the Criminal Code of |
| 17 | | 1961; |
| 18 | | (U) use of a stolen or illegally acquired firearm |
| 19 | | in the commission of an offense under Section 24-3.7 |
| 20 | | or similar offense under the Criminal Code of 1961; |
| 21 | | (V) possession of a stolen firearm under Section |
| 22 | | 24-3.8 or similar offense under the Criminal Code of |
| 23 | | 1961; |
| 24 | | (W) aggravated possession of a stolen firearm |
| 25 | | under Section 24-3.9 or similar offense under the |
| 26 | | Criminal Code of 1961; |
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| 1 | | (X) gunrunning under Section 24-3A or similar |
| 2 | | offense under the Criminal Code of 1961; |
| 3 | | (Y) defacing identification marks of firearms |
| 4 | | under Section 24-5 or similar offense under the |
| 5 | | Criminal Code of 1961; and |
| 6 | | (Z) armed violence under Section 33A-2 or similar |
| 7 | | offense under the Criminal Code of 1961. |
| 8 | | (b) APPLICABILITY. For an offense committed on or after |
| 9 | | the effective date of this amendatory Act of the 100th General |
| 10 | | Assembly and before January 1, 2023, when a person is |
| 11 | | convicted of unlawful use or possession of a weapon by a felon, |
| 12 | | when the weapon is a firearm, or aggravated unlawful use of a |
| 13 | | weapon, when the weapon is a firearm, after being previously |
| 14 | | convicted of a qualifying predicate offense the person shall |
| 15 | | be subject to the sentencing guidelines under this Section. |
| 16 | | (c) SENTENCING GUIDELINES. |
| 17 | | (1) When a person is convicted of unlawful use or |
| 18 | | possession of a weapon by a felon, when the weapon is a |
| 19 | | firearm, and that person has been previously convicted of |
| 20 | | a qualifying predicate offense, the person shall be |
| 21 | | sentenced to a term of imprisonment within the sentencing |
| 22 | | range of not less than 7 years and not more than 14 years, |
| 23 | | unless the court finds that a departure from the |
| 24 | | sentencing guidelines under this paragraph is warranted |
| 25 | | under subsection (d) of this Section. |
| 26 | | (2) When a person is convicted of aggravated unlawful |
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| 1 | | use of a weapon, when the weapon is a firearm, and that |
| 2 | | person has been previously convicted of a qualifying |
| 3 | | predicate offense, the person shall be sentenced to a term |
| 4 | | of imprisonment within the sentencing range of not less |
| 5 | | than 6 years and not more than 7 years, unless the court |
| 6 | | finds that a departure from the sentencing guidelines |
| 7 | | under this paragraph is warranted under subsection (d) of |
| 8 | | this Section. |
| 9 | | (3) The sentencing guidelines in paragraphs (1) and |
| 10 | | (2) of this subsection (c) apply only to offenses |
| 11 | | committed on and after the effective date of this |
| 12 | | amendatory Act of the 100th General Assembly and before |
| 13 | | January 1, 2023. |
| 14 | | (d) DEPARTURE FROM SENTENCING GUIDELINES. |
| 15 | | (1) At the sentencing hearing conducted under Section |
| 16 | | 5-4-1 of this Code, the court may depart from the
|
| 17 | | sentencing guidelines provided in subsection (c) of this |
| 18 | | Section and impose a sentence
otherwise authorized by law |
| 19 | | for the offense if the court, after considering any factor |
| 20 | | under paragraph (2) of this subsection (d) relevant to the |
| 21 | | nature and
circumstances of the crime and to the history |
| 22 | | and character of the defendant, finds on the record
|
| 23 | | substantial and compelling justification that the sentence |
| 24 | | within the sentencing guidelines would be unduly harsh and
|
| 25 | | that a sentence otherwise authorized by law would be |
| 26 | | consistent with public
safety and does not deprecate the |
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| 1 | | seriousness of the offense. |
| 2 | | (2) In deciding whether to depart from the sentencing |
| 3 | | guidelines under this paragraph, the court shall
consider: |
| 4 | | (A) the age, immaturity, or limited mental |
| 5 | | capacity of the defendant at the time of
commission of |
| 6 | | the qualifying predicate or current offense, including |
| 7 | | whether the defendant
was suffering from a mental or |
| 8 | | physical condition insufficient to constitute a
|
| 9 | | defense but significantly reduced the defendant's |
| 10 | | culpability; |
| 11 | | (B) the nature and circumstances of the qualifying |
| 12 | | predicate offense; |
| 13 | | (C) the time elapsed since the qualifying |
| 14 | | predicate offense; |
| 15 | | (D) the nature and circumstances of the current |
| 16 | | offense; |
| 17 | | (E) the defendant's prior criminal history; |
| 18 | | (F) whether the defendant committed the qualifying |
| 19 | | predicate or current offense under
specific and |
| 20 | | credible duress, coercion, threat, or compulsion; |
| 21 | | (G) whether the defendant aided in the |
| 22 | | apprehension of another felon or testified
truthfully |
| 23 | | on behalf of another prosecution of a felony; and |
| 24 | | (H) whether departure is in the interest of the |
| 25 | | person's rehabilitation, including employment or |
| 26 | | educational or vocational training, after taking into |
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| 1 | | account any past rehabilitation efforts or |
| 2 | | dispositions of probation or supervision, and the |
| 3 | | defendant's cooperation or response to rehabilitation. |
| 4 | | (3) When departing from the sentencing guidelines |
| 5 | | under this Section, the court shall specify on the record, |
| 6 | | the particular evidence, information, factor or factors, |
| 7 | | or other reasons which led to the departure from the |
| 8 | | sentencing guidelines. When departing from the sentencing |
| 9 | | range in accordance with this subsection (d), the court |
| 10 | | shall indicate on the sentencing order which departure |
| 11 | | factor or factors outlined in paragraph (2) of this |
| 12 | | subsection (d) led to the sentence imposed. The sentencing |
| 13 | | order shall be filed with the clerk of the court and shall |
| 14 | | be a public record. |
| 15 | | (e) This Section is repealed on January 1, 2023.
|
| 16 | | (Source: P.A. 100-3, eff. 1-1-18.)
|
| 17 | | (730 ILCS 5/5-5-3)
|
| 18 | | Sec. 5-5-3. Disposition.
|
| 19 | | (a) (Blank).
|
| 20 | | (b) (Blank).
|
| 21 | | (c) (1) (Blank).
|
| 22 | | (2) A period of probation, a term of periodic imprisonment |
| 23 | | or
conditional discharge shall not be imposed for the |
| 24 | | following offenses.
The court shall sentence the offender to |
| 25 | | not less than the minimum term
of imprisonment set forth in |
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| 1 | | this Code for the following offenses, and
may order a fine or |
| 2 | | restitution or both in conjunction with such term of
|
| 3 | | imprisonment:
|
| 4 | | (A) First degree murder where the death penalty is not |
| 5 | | imposed.
|
| 6 | | (B) Attempted first degree murder.
|
| 7 | | (C) A Class X felony.
|
| 8 | | (D) A violation of Section 401.1 or 407 of the
|
| 9 | | Illinois Controlled Substances Act, or a violation of |
| 10 | | subdivision (c)(1.5) of
Section 401 of that Act which |
| 11 | | relates to more than 5 grams of a substance
containing |
| 12 | | fentanyl or an analog thereof.
|
| 13 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
| 14 | | of the Illinois Controlled Substances Act which relates to |
| 15 | | 3 or more grams of a substance
containing heroin or an |
| 16 | | analog thereof. |
| 17 | | (E) (Blank).
|
| 18 | | (F) A Class 1 or greater felony if the offender had |
| 19 | | been convicted
of a Class 1 or greater felony, including |
| 20 | | any state or federal conviction for an offense that |
| 21 | | contained, at the time it was committed, the same elements |
| 22 | | as an offense now (the date of the offense committed after |
| 23 | | the prior Class 1 or greater felony) classified as a Class |
| 24 | | 1 or greater felony, within 10 years of the date on which |
| 25 | | the
offender
committed the offense for which he or she is |
| 26 | | being sentenced, except as
otherwise provided in Section |
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| 1 | | 40-10 of the Substance Use Disorder Act.
|
| 2 | | (F-3) A Class 2 or greater felony sex offense or |
| 3 | | felony firearm offense if the offender had been convicted |
| 4 | | of a Class 2 or greater felony, including any state or |
| 5 | | federal conviction for an offense that contained, at the |
| 6 | | time it was committed, the same elements as an offense now |
| 7 | | (the date of the offense committed after the prior Class 2 |
| 8 | | or greater felony) classified as a Class 2 or greater |
| 9 | | felony, within 10 years of the date on which the offender |
| 10 | | committed the offense for which he or she is being |
| 11 | | sentenced, except as otherwise provided in Section 40-10 |
| 12 | | of the Substance Use Disorder Act. |
| 13 | | (F-5) A violation of Section 18-4, 24-1, 24-1.1, |
| 14 | | 24-1.2, or 24-1.6, 24-1.7, 24-1.8, or 24-3.7 of the |
| 15 | | Criminal Code of 1961 or the Criminal Code of 2012 for |
| 16 | | which imprisonment is prescribed in those Sections. |
| 17 | | (G) Residential burglary, except as otherwise provided |
| 18 | | in Section 40-10
of the Substance Use Disorder Act.
|
| 19 | | (H) Criminal sexual assault.
|
| 20 | | (I) Aggravated battery of a senior citizen as |
| 21 | | described in Section 12-4.6 or subdivision (a)(4) of |
| 22 | | Section 12-3.05 of the Criminal Code of 1961 or the |
| 23 | | Criminal Code of 2012.
|
| 24 | | (J) A forcible felony if the offense was related to |
| 25 | | the activities of an
organized gang.
|
| 26 | | Before July 1, 1994, for the purposes of this |
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| 1 | | paragraph, "organized
gang" means an association of 5 or |
| 2 | | more persons, with an established hierarchy,
that |
| 3 | | encourages members of the association to perpetrate crimes |
| 4 | | or provides
support to the members of the association who |
| 5 | | do commit crimes.
|
| 6 | | Beginning July 1, 1994, for the purposes of this |
| 7 | | paragraph,
"organized gang" has the meaning ascribed to it |
| 8 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
| 9 | | Prevention Act.
|
| 10 | | (K) Vehicular hijacking.
|
| 11 | | (L) A second or subsequent conviction for the offense |
| 12 | | of hate crime
when the underlying offense upon which the |
| 13 | | hate crime is based is felony
aggravated
assault or felony |
| 14 | | mob action.
|
| 15 | | (M) A second or subsequent conviction for the offense |
| 16 | | of institutional
vandalism if the damage to the property |
| 17 | | exceeds $300.
|
| 18 | | (N) A Class 3 felony violation of paragraph (1) of |
| 19 | | subsection (a) of
Section 2 of the Firearm Owners |
| 20 | | Identification Card Act.
|
| 21 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| 22 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
| 23 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
| 24 | | or (7) of
subsection (a)
of Section 11-20.1 of the |
| 25 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
| 26 | | (Q) A violation of subsection (b) or (b-5) of Section |
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| 1 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
| 2 | | Code of
1961 or the Criminal Code of 2012.
|
| 3 | | (R) A violation of Section 24-3A of the Criminal Code |
| 4 | | of
1961 or the Criminal Code of 2012.
|
| 5 | | (S) (Blank).
|
| 6 | | (T) (Blank).
|
| 7 | | (U) A second or subsequent violation of Section 6-303 |
| 8 | | of the Illinois Vehicle Code committed while his or her |
| 9 | | driver's license, permit, or privilege was revoked because |
| 10 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
| 11 | | or the Criminal Code of 2012, relating to the offense of |
| 12 | | reckless homicide, or a similar provision of a law of |
| 13 | | another state.
|
| 14 | | (V)
A violation of paragraph (4) of subsection (c) of |
| 15 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
| 16 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
| 17 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
| 18 | | Code of 2012 when the victim is under 13 years of age and |
| 19 | | the defendant has previously been convicted under the laws |
| 20 | | of this State or any other state of the offense of child |
| 21 | | pornography, aggravated child pornography, aggravated |
| 22 | | criminal sexual abuse, aggravated criminal sexual assault, |
| 23 | | predatory criminal sexual assault of a child, or any of |
| 24 | | the offenses formerly known as rape, deviate sexual |
| 25 | | assault, indecent liberties with a child, or aggravated |
| 26 | | indecent liberties with a child where the victim was under |
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| 1 | | the age of 18 years or an offense that is substantially |
| 2 | | equivalent to those offenses. |
| 3 | | (W) A violation of Section 24-3.5 of the Criminal Code |
| 4 | | of 1961 or the Criminal Code of 2012.
|
| 5 | | (X) A violation of subsection (a) of Section 31-1a of |
| 6 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
| 7 | | (Y) A conviction for unlawful possession of a firearm |
| 8 | | by a street gang member when the firearm was loaded or |
| 9 | | contained firearm ammunition. |
| 10 | | (Z) A Class 1 felony committed while he or she was |
| 11 | | serving a term of probation or conditional discharge for a |
| 12 | | felony. |
| 13 | | (AA) Theft of property exceeding $500,000 and not |
| 14 | | exceeding $1,000,000 in value. |
| 15 | | (BB) Laundering of criminally derived property of a |
| 16 | | value exceeding
$500,000. |
| 17 | | (CC) Knowingly selling, offering for sale, holding for |
| 18 | | sale, or using 2,000 or more counterfeit items or |
| 19 | | counterfeit items having a retail value in the aggregate |
| 20 | | of $500,000 or more. |
| 21 | | (DD) A conviction for aggravated assault under |
| 22 | | paragraph (6) of subsection (c) of Section 12-2 of the |
| 23 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| 24 | | firearm is aimed toward the person against whom the |
| 25 | | firearm is being used. |
| 26 | | (EE) A conviction for a violation of paragraph (2) of |
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| 1 | | subsection (a) of Section 24-3B of the Criminal Code of |
| 2 | | 2012. |
| 3 | | (3) (Blank).
|
| 4 | | (4) A minimum term of imprisonment of not less than 10
|
| 5 | | consecutive days or 30 days of community service shall be |
| 6 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
| 7 | | the Illinois Vehicle Code.
|
| 8 | | (4.1) (Blank).
|
| 9 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
| 10 | | this subsection (c), a
minimum of
100 hours of community |
| 11 | | service shall be imposed for a second violation of
Section |
| 12 | | 6-303
of the Illinois Vehicle Code.
|
| 13 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 14 | | hours of community
service, as determined by the court, shall
|
| 15 | | be imposed for a second violation of subsection (c) of Section |
| 16 | | 6-303 of the
Illinois Vehicle Code.
|
| 17 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
| 18 | | (4.9) of this
subsection (c), a
minimum term of imprisonment |
| 19 | | of 30 days or 300 hours of community service, as
determined by |
| 20 | | the court, shall
be imposed
for a third or subsequent |
| 21 | | violation of Section 6-303 of the Illinois Vehicle
Code. The |
| 22 | | court may give credit toward the fulfillment of community |
| 23 | | service hours for participation in activities and treatment as |
| 24 | | determined by court services.
|
| 25 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
| 26 | | imposed for a third violation of subsection (c) of
Section |
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| 1 | | 6-303 of the Illinois Vehicle Code.
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| 2 | | (4.6) Except as provided in paragraph (4.10) of this |
| 3 | | subsection (c), a minimum term of imprisonment of 180 days |
| 4 | | shall be imposed for a
fourth or subsequent violation of |
| 5 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
| 6 | | (4.7) A minimum term of imprisonment of not less than 30 |
| 7 | | consecutive days, or 300 hours of community service, shall be |
| 8 | | imposed for a violation of subsection (a-5) of Section 6-303 |
| 9 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
| 10 | | of that Section.
|
| 11 | | (4.8) A mandatory prison sentence shall be imposed for a |
| 12 | | second violation of subsection (a-5) of Section 6-303 of the |
| 13 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
| 14 | | Section. The person's driving privileges shall be revoked for |
| 15 | | a period of not less than 5 years from the date of his or her |
| 16 | | release from prison.
|
| 17 | | (4.9) A mandatory prison sentence of not less than 4 and |
| 18 | | not more than 15 years shall be imposed for a third violation |
| 19 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| 20 | | Code, as provided in subsection (d-2.5) of that Section. The |
| 21 | | person's driving privileges shall be revoked for the remainder |
| 22 | | of his or her life.
|
| 23 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 24 | | shall be imposed, and the person shall be eligible for an |
| 25 | | extended term sentence, for a fourth or subsequent violation |
| 26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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| 1 | | Code, as provided in subsection (d-3.5) of that Section. The |
| 2 | | person's driving privileges shall be revoked for the remainder |
| 3 | | of his or her life.
|
| 4 | | (5) The court may sentence a corporation or unincorporated
|
| 5 | | association convicted of any offense to:
|
| 6 | | (A) a period of conditional discharge;
|
| 7 | | (B) a fine;
|
| 8 | | (C) make restitution to the victim under Section 5-5-6 |
| 9 | | of this Code.
|
| 10 | | (5.1) In addition to any other penalties imposed, and |
| 11 | | except as provided in paragraph (5.2) or (5.3), a person
|
| 12 | | convicted of violating subsection (c) of Section 11-907 of the |
| 13 | | Illinois
Vehicle Code shall have his or her driver's license, |
| 14 | | permit, or privileges
suspended for at least 90 days but not |
| 15 | | more than one year, if the violation
resulted in damage to the |
| 16 | | property of another person.
|
| 17 | | (5.2) In addition to any other penalties imposed, and |
| 18 | | except as provided in paragraph (5.3), a person convicted
of |
| 19 | | violating subsection (c) of Section 11-907 of the Illinois |
| 20 | | Vehicle Code
shall have his or her driver's license, permit, |
| 21 | | or privileges suspended for at
least 180 days but not more than |
| 22 | | 2 years, if the violation resulted in injury
to
another |
| 23 | | person.
|
| 24 | | (5.3) In addition to any other penalties imposed, a person |
| 25 | | convicted of violating subsection (c) of Section
11-907 of the |
| 26 | | Illinois Vehicle Code shall have his or her driver's license,
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| 1 | | permit, or privileges suspended for 2 years, if the violation |
| 2 | | resulted in the
death of another person.
|
| 3 | | (5.4) In addition to any other penalties imposed, a person |
| 4 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 5 | | Code shall have his or her driver's license, permit, or |
| 6 | | privileges suspended for 3 months and until he or she has paid |
| 7 | | a reinstatement fee of $100. |
| 8 | | (5.5) In addition to any other penalties imposed, a person |
| 9 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 10 | | Code during a period in which his or her driver's license, |
| 11 | | permit, or privileges were suspended for a previous violation |
| 12 | | of that Section shall have his or her driver's license, |
| 13 | | permit, or privileges suspended for an additional 6 months |
| 14 | | after the expiration of the original 3-month suspension and |
| 15 | | until he or she has paid a reinstatement fee of $100.
|
| 16 | | (6) (Blank).
|
| 17 | | (7) (Blank).
|
| 18 | | (8) (Blank).
|
| 19 | | (9) A defendant convicted of a second or subsequent |
| 20 | | offense of ritualized
abuse of a child may be sentenced to a |
| 21 | | term of natural life imprisonment.
|
| 22 | | (10) (Blank).
|
| 23 | | (11) The court shall impose a minimum fine of $1,000 for a |
| 24 | | first offense
and $2,000 for a second or subsequent offense |
| 25 | | upon a person convicted of or
placed on supervision for |
| 26 | | battery when the individual harmed was a sports
official or |
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| 1 | | coach at any level of competition and the act causing harm to |
| 2 | | the
sports
official or coach occurred within an athletic |
| 3 | | facility or within the immediate vicinity
of the athletic |
| 4 | | facility at which the sports official or coach was an active
|
| 5 | | participant
of the athletic contest held at the athletic |
| 6 | | facility. For the purposes of
this paragraph (11), "sports |
| 7 | | official" means a person at an athletic contest
who enforces |
| 8 | | the rules of the contest, such as an umpire or referee; |
| 9 | | "athletic facility" means an indoor or outdoor playing field |
| 10 | | or recreational area where sports activities are conducted;
|
| 11 | | and "coach" means a person recognized as a coach by the |
| 12 | | sanctioning
authority that conducted the sporting event. |
| 13 | | (12) A person may not receive a disposition of court |
| 14 | | supervision for a
violation of Section 5-16 of the Boat |
| 15 | | Registration and Safety Act if that
person has previously |
| 16 | | received a disposition of court supervision for a
violation of |
| 17 | | that Section.
|
| 18 | | (13) A person convicted of or placed on court supervision |
| 19 | | for an assault or aggravated assault when the victim and the |
| 20 | | offender are family or household members as defined in Section |
| 21 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
| 22 | | of domestic battery or aggravated domestic battery may be |
| 23 | | required to attend a Partner Abuse Intervention Program under |
| 24 | | protocols set forth by the Illinois Department of Human |
| 25 | | Services under such terms and conditions imposed by the court. |
| 26 | | The costs of such classes shall be paid by the offender.
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| 1 | | (d) In any case in which a sentence originally imposed is |
| 2 | | vacated,
the case shall be remanded to the trial court. The |
| 3 | | trial court shall
hold a hearing under Section 5-4-1 of this |
| 4 | | Code
which may include evidence of the defendant's life, moral |
| 5 | | character and
occupation during the time since the original |
| 6 | | sentence was passed. The
trial court shall then impose |
| 7 | | sentence upon the defendant. The trial
court may impose any |
| 8 | | sentence which could have been imposed at the
original trial |
| 9 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated |
| 10 | | on appeal or on collateral attack due to the
failure of the |
| 11 | | trier of fact at trial to determine beyond a reasonable doubt
|
| 12 | | the
existence of a fact (other than a prior conviction) |
| 13 | | necessary to increase the
punishment for the offense beyond |
| 14 | | the statutory maximum otherwise applicable,
either the |
| 15 | | defendant may be re-sentenced to a term within the range |
| 16 | | otherwise
provided or, if the State files notice of its |
| 17 | | intention to again seek the
extended sentence, the defendant |
| 18 | | shall be afforded a new trial.
|
| 19 | | (e) In cases where prosecution for
aggravated criminal |
| 20 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
| 21 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
| 22 | | of a defendant
who was a family member of the victim at the |
| 23 | | time of the commission of the
offense, the court shall |
| 24 | | consider the safety and welfare of the victim and
may impose a |
| 25 | | sentence of probation only where:
|
| 26 | | (1) the court finds (A) or (B) or both are |
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| 1 | | appropriate:
|
| 2 | | (A) the defendant is willing to undergo a court |
| 3 | | approved counseling
program for a minimum duration of |
| 4 | | 2 years; or
|
| 5 | | (B) the defendant is willing to participate in a |
| 6 | | court approved plan
including but not limited to the |
| 7 | | defendant's:
|
| 8 | | (i) removal from the household;
|
| 9 | | (ii) restricted contact with the victim;
|
| 10 | | (iii) continued financial support of the |
| 11 | | family;
|
| 12 | | (iv) restitution for harm done to the victim; |
| 13 | | and
|
| 14 | | (v) compliance with any other measures that |
| 15 | | the court may
deem appropriate; and
|
| 16 | | (2) the court orders the defendant to pay for the |
| 17 | | victim's counseling
services, to the extent that the court |
| 18 | | finds, after considering the
defendant's income and |
| 19 | | assets, that the defendant is financially capable of
|
| 20 | | paying for such services, if the victim was under 18 years |
| 21 | | of age at the
time the offense was committed and requires |
| 22 | | counseling as a result of the
offense.
|
| 23 | | Probation may be revoked or modified pursuant to Section |
| 24 | | 5-6-4; except
where the court determines at the hearing that |
| 25 | | the defendant violated a
condition of his or her probation |
| 26 | | restricting contact with the victim or
other family members or |
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| 1 | | commits another offense with the victim or other
family |
| 2 | | members, the court shall revoke the defendant's probation and
|
| 3 | | impose a term of imprisonment.
|
| 4 | | For the purposes of this Section, "family member" and |
| 5 | | "victim" shall have
the meanings ascribed to them in Section |
| 6 | | 11-0.1 of the Criminal Code of
2012.
|
| 7 | | (f) (Blank).
|
| 8 | | (g) Whenever a defendant is convicted of an offense under |
| 9 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
| 10 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| 11 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
| 12 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
| 13 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
| 14 | | Criminal Code of 2012,
the defendant shall undergo medical |
| 15 | | testing to
determine whether the defendant has any sexually |
| 16 | | transmissible disease,
including a test for infection with |
| 17 | | human immunodeficiency virus (HIV) or
any other identified |
| 18 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| 19 | | Any such medical test shall be performed only by appropriately
|
| 20 | | licensed medical practitioners and may include an analysis of |
| 21 | | any bodily
fluids as well as an examination of the defendant's |
| 22 | | person.
Except as otherwise provided by law, the results of |
| 23 | | such test shall be kept
strictly confidential by all medical |
| 24 | | personnel involved in the testing and must
be personally |
| 25 | | delivered in a sealed envelope to the judge of the court in |
| 26 | | which
the conviction was entered for the judge's inspection in |
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| 1 | | camera. Acting in
accordance with the best interests of the |
| 2 | | victim and the public, the judge
shall have the discretion to |
| 3 | | determine to whom, if anyone, the results of the
testing may be |
| 4 | | revealed. The court shall notify the defendant
of the test |
| 5 | | results. The court shall
also notify the victim if requested |
| 6 | | by the victim, and if the victim is under
the age of 15 and if |
| 7 | | requested by the victim's parents or legal guardian, the
court |
| 8 | | shall notify the victim's parents or legal guardian of the |
| 9 | | test
results.
The court shall provide information on the |
| 10 | | availability of HIV testing
and counseling at Department of |
| 11 | | Public Health facilities to all parties to
whom the results of |
| 12 | | the testing are revealed and shall direct the State's
Attorney |
| 13 | | to provide the information to the victim when possible.
A |
| 14 | | State's Attorney may petition the court to obtain the results |
| 15 | | of any HIV test
administered under this Section, and the court |
| 16 | | shall grant the disclosure if
the State's Attorney shows it is |
| 17 | | relevant in order to prosecute a charge of
criminal |
| 18 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
| 19 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
| 20 | | defendant. The court shall order that the cost of any such test
|
| 21 | | shall be paid by the county and may be taxed as costs against |
| 22 | | the convicted
defendant.
|
| 23 | | (g-5) When an inmate is tested for an airborne |
| 24 | | communicable disease, as
determined by the Illinois Department |
| 25 | | of Public Health including but not
limited to tuberculosis, |
| 26 | | the results of the test shall be
personally delivered by the |
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| 1 | | warden or his or her designee in a sealed envelope
to the judge |
| 2 | | of the court in which the inmate must appear for the judge's
|
| 3 | | inspection in camera if requested by the judge. Acting in |
| 4 | | accordance with the
best interests of those in the courtroom, |
| 5 | | the judge shall have the discretion
to determine what if any |
| 6 | | precautions need to be taken to prevent transmission
of the |
| 7 | | disease in the courtroom.
|
| 8 | | (h) Whenever a defendant is convicted of an offense under |
| 9 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
| 10 | | defendant shall undergo
medical testing to determine whether |
| 11 | | the defendant has been exposed to human
immunodeficiency virus |
| 12 | | (HIV) or any other identified causative agent of
acquired |
| 13 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| 14 | | by
law, the results of such test shall be kept strictly |
| 15 | | confidential by all
medical personnel involved in the testing |
| 16 | | and must be personally delivered in a
sealed envelope to the |
| 17 | | judge of the court in which the conviction was entered
for the |
| 18 | | judge's inspection in camera. Acting in accordance with the |
| 19 | | best
interests of the public, the judge shall have the |
| 20 | | discretion to determine to
whom, if anyone, the results of the |
| 21 | | testing may be revealed. The court shall
notify the defendant |
| 22 | | of a positive test showing an infection with the human
|
| 23 | | immunodeficiency virus (HIV). The court shall provide |
| 24 | | information on the
availability of HIV testing and counseling |
| 25 | | at Department of Public Health
facilities to all parties to |
| 26 | | whom the results of the testing are revealed and
shall direct |
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| 1 | | the State's Attorney to provide the information to the victim |
| 2 | | when
possible. A State's Attorney may petition the court to |
| 3 | | obtain the results of
any HIV test administered under this |
| 4 | | Section, and the court shall grant the
disclosure if the |
| 5 | | State's Attorney shows it is relevant in order to prosecute a
|
| 6 | | charge of criminal transmission of HIV under Section 12-5.01 |
| 7 | | or 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
| 8 | | 2012 against the defendant. The court shall order that the |
| 9 | | cost of any
such test shall be paid by the county and may be |
| 10 | | taxed as costs against the
convicted defendant.
|
| 11 | | (i) All fines and penalties imposed under this Section for |
| 12 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
| 13 | | Vehicle Code, or a similar
provision of a local ordinance, and |
| 14 | | any violation
of the Child Passenger Protection Act, or a |
| 15 | | similar provision of a local
ordinance, shall be collected and |
| 16 | | disbursed by the circuit
clerk as provided under the Criminal |
| 17 | | and Traffic Assessment Act.
|
| 18 | | (j) In cases when prosecution for any violation of Section |
| 19 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
| 20 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| 21 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| 22 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| 23 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
| 24 | | Code of 2012, any violation of the Illinois Controlled |
| 25 | | Substances Act,
any violation of the Cannabis Control Act, or |
| 26 | | any violation of the Methamphetamine Control and Community |
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| 1 | | Protection Act results in conviction, a
disposition of court |
| 2 | | supervision, or an order of probation granted under
Section 10 |
| 3 | | of the Cannabis Control Act, Section 410 of the Illinois
|
| 4 | | Controlled Substances Act, or Section 70 of the |
| 5 | | Methamphetamine Control and Community Protection Act of a |
| 6 | | defendant, the court shall determine whether the
defendant is |
| 7 | | employed by a facility or center as defined under the Child |
| 8 | | Care
Act of 1969, a public or private elementary or secondary |
| 9 | | school, or otherwise
works with children under 18 years of age |
| 10 | | on a daily basis. When a defendant
is so employed, the court |
| 11 | | shall order the Clerk of the Court to send a copy of
the |
| 12 | | judgment of conviction or order of supervision or probation to |
| 13 | | the
defendant's employer by certified mail.
If the employer of |
| 14 | | the defendant is a school, the Clerk of the Court shall
direct |
| 15 | | the mailing of a copy of the judgment of conviction or order of
|
| 16 | | supervision or probation to the appropriate regional |
| 17 | | superintendent of schools.
The regional superintendent of |
| 18 | | schools shall notify the State Board of
Education of any |
| 19 | | notification under this subsection.
|
| 20 | | (j-5) A defendant at least 17 years of age who is convicted |
| 21 | | of a felony and
who has not been previously convicted of a |
| 22 | | misdemeanor or felony and who is
sentenced to a term of |
| 23 | | imprisonment in the Illinois Department of Corrections
shall |
| 24 | | as a condition of his or her sentence be required by the court |
| 25 | | to attend
educational courses designed to prepare the |
| 26 | | defendant for a high school diploma
and to work toward a high |
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| 1 | | school diploma or to work toward passing high school |
| 2 | | equivalency testing or to work toward
completing a vocational |
| 3 | | training program offered by the Department of
Corrections. If |
| 4 | | a defendant fails to complete the educational training
|
| 5 | | required by his or her sentence during the term of |
| 6 | | incarceration, the Prisoner
Review Board shall, as a condition |
| 7 | | of mandatory supervised release, require the
defendant, at his |
| 8 | | or her own expense, to pursue a course of study toward a high
|
| 9 | | school diploma or passage of high school equivalency testing. |
| 10 | | The Prisoner Review Board shall
revoke the mandatory |
| 11 | | supervised release of a defendant who wilfully fails to
comply |
| 12 | | with this subsection (j-5) upon his or her release from |
| 13 | | confinement in a
penal institution while serving a mandatory |
| 14 | | supervised release term; however,
the inability of the |
| 15 | | defendant after making a good faith effort to obtain
financial |
| 16 | | aid or pay for the educational training shall not be deemed a |
| 17 | | wilful
failure to comply. The Prisoner Review Board shall |
| 18 | | recommit the defendant
whose mandatory supervised release term |
| 19 | | has been revoked under this subsection
(j-5) as provided in |
| 20 | | Section 3-3-9. This subsection (j-5) does not apply to a
|
| 21 | | defendant who has a high school diploma or has successfully |
| 22 | | passed high school equivalency testing. This subsection (j-5) |
| 23 | | does not apply to a defendant who is determined by
the court to |
| 24 | | be a person with a developmental disability or otherwise |
| 25 | | mentally incapable of
completing the educational or vocational |
| 26 | | program.
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| 1 | | (k) (Blank).
|
| 2 | | (l) (A) Except as provided
in paragraph (C) of subsection |
| 3 | | (l), whenever a defendant,
who is an alien as defined by the |
| 4 | | Immigration and Nationality Act, is convicted
of any felony or |
| 5 | | misdemeanor offense, the court after sentencing the defendant
|
| 6 | | may, upon motion of the State's Attorney, hold sentence in |
| 7 | | abeyance and remand
the defendant to the custody of the |
| 8 | | Attorney General of
the United States or his or her designated |
| 9 | | agent to be deported when:
|
| 10 | | (1) a final order of deportation has been issued |
| 11 | | against the defendant
pursuant to proceedings under the |
| 12 | | Immigration and Nationality Act, and
|
| 13 | | (2) the deportation of the defendant would not |
| 14 | | deprecate the seriousness
of the defendant's conduct and |
| 15 | | would not be inconsistent with the ends of
justice.
|
| 16 | | Otherwise, the defendant shall be sentenced as provided in |
| 17 | | this Chapter V.
|
| 18 | | (B) If the defendant has already been sentenced for a |
| 19 | | felony or
misdemeanor
offense, or has been placed on probation |
| 20 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
| 21 | | the Illinois Controlled Substances Act, or Section 70 of the |
| 22 | | Methamphetamine Control and Community Protection Act, the |
| 23 | | court
may, upon motion of the State's Attorney to suspend the
|
| 24 | | sentence imposed, commit the defendant to the custody of the |
| 25 | | Attorney General
of the United States or his or her designated |
| 26 | | agent when:
|
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| 1 | | (1) a final order of deportation has been issued |
| 2 | | against the defendant
pursuant to proceedings under the |
| 3 | | Immigration and Nationality Act, and
|
| 4 | | (2) the deportation of the defendant would not |
| 5 | | deprecate the seriousness
of the defendant's conduct and |
| 6 | | would not be inconsistent with the ends of
justice.
|
| 7 | | (C) This subsection (l) does not apply to offenders who |
| 8 | | are subject to the
provisions of paragraph (2) of subsection |
| 9 | | (a) of Section 3-6-3.
|
| 10 | | (D) Upon motion of the State's Attorney, if a defendant |
| 11 | | sentenced under
this Section returns to the jurisdiction of |
| 12 | | the United States, the defendant
shall be recommitted to the |
| 13 | | custody of the county from which he or she was
sentenced.
|
| 14 | | Thereafter, the defendant shall be brought before the |
| 15 | | sentencing court, which
may impose any sentence that was |
| 16 | | available under Section 5-5-3 at the time of
initial |
| 17 | | sentencing. In addition, the defendant shall not be eligible |
| 18 | | for
additional earned sentence credit as provided under
|
| 19 | | Section 3-6-3.
|
| 20 | | (m) A person convicted of criminal defacement of property |
| 21 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
| 22 | | Criminal Code of 2012, in which the property damage exceeds |
| 23 | | $300
and the property damaged is a school building, shall be |
| 24 | | ordered to perform
community service that may include cleanup, |
| 25 | | removal, or painting over the
defacement.
|
| 26 | | (n) The court may sentence a person convicted of a |
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| 1 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
| 2 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| 3 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
| 4 | | incarceration program if the person is otherwise eligible for |
| 5 | | that program
under Section 5-8-1.1, (ii) to community service, |
| 6 | | or (iii) if the person has a substance use disorder, as defined
|
| 7 | | in the Substance Use Disorder Act, to a treatment program
|
| 8 | | licensed under that Act. |
| 9 | | (o) Whenever a person is convicted of a sex offense as |
| 10 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 11 | | defendant's driver's license or permit shall be subject to |
| 12 | | renewal on an annual basis in accordance with the provisions |
| 13 | | of license renewal established by the Secretary of State.
|
| 14 | | (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; |
| 15 | | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
|
| 16 | | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
| 17 | | Sec. 5-8-4. Concurrent and consecutive terms of |
| 18 | | imprisonment.
|
| 19 | | (a) Concurrent terms; multiple or additional sentences. |
| 20 | | When an Illinois court (i) imposes multiple sentences of |
| 21 | | imprisonment on a defendant at the same time or (ii) imposes a |
| 22 | | sentence of imprisonment on a defendant who is already subject |
| 23 | | to a sentence of imprisonment imposed by an Illinois court, a |
| 24 | | court of another state, or a federal court, then the sentences |
| 25 | | shall run concurrently unless otherwise determined by the |
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| 1 | | Illinois court under this Section. |
| 2 | | (b) Concurrent terms; misdemeanor and felony. A defendant |
| 3 | | serving a sentence for a
misdemeanor who is convicted of a |
| 4 | | felony and sentenced to imprisonment shall be transferred to |
| 5 | | the Department of Corrections, and the misdemeanor sentence |
| 6 | | shall be merged in and run concurrently with the felony |
| 7 | | sentence. |
| 8 | | (c) Consecutive terms; permissive. The court may impose |
| 9 | | consecutive sentences in any of the following circumstances: |
| 10 | | (1) If, having regard to the nature and circumstances |
| 11 | | of the offense and the history
and character of the |
| 12 | | defendant, it is the opinion of the court that consecutive |
| 13 | | sentences are
required to protect the public from further |
| 14 | | criminal conduct by the defendant, the basis for which the |
| 15 | | court shall set forth in the record. |
| 16 | | (2) If one of the offenses for which a defendant was |
| 17 | | convicted was a violation of
Section 32-5.2 (aggravated |
| 18 | | false personation of a peace officer) of the Criminal Code |
| 19 | | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision |
| 20 | | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of |
| 21 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the |
| 22 | | offense was committed in attempting or committing a |
| 23 | | forcible felony.
|
| 24 | | (d) Consecutive terms; mandatory. The court shall impose |
| 25 | | consecutive sentences in each of the following circumstances: |
| 26 | | (1) One of the offenses for which the defendant was |
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| 1 | | convicted was first degree
murder or a Class X or Class 1 |
| 2 | | felony and the defendant inflicted severe bodily injury. |
| 3 | | (2) The defendant was convicted of a violation of |
| 4 | | Section 11-1.20 or 12-13 (criminal sexual
assault), |
| 5 | | 11-1.30 or 12-14 (aggravated criminal sexual assault), or |
| 6 | | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a |
| 7 | | child) of the Criminal Code of 1961 or the Criminal Code of |
| 8 | | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, |
| 9 | | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or |
| 10 | | 5/12-14.1). |
| 11 | | (2.5) The defendant was convicted of a violation of |
| 12 | | paragraph (1), (2), (3), (4), (5), or (7) of subsection |
| 13 | | (a) of Section 11-20.1 (child pornography) or of paragraph |
| 14 | | (1), (2), (3), (4), (5), or (7) of subsection (a) of |
| 15 | | Section 11-20.1B or 11-20.3 (aggravated child pornography) |
| 16 | | of the Criminal Code of 1961 or the Criminal Code of 2012; |
| 17 | | or the defendant was convicted of a violation of paragraph |
| 18 | | (6) of subsection (a) of Section 11-20.1 (child |
| 19 | | pornography) or of paragraph (6) of subsection (a) of |
| 20 | | Section 11-20.1B or 11-20.3 (aggravated child pornography) |
| 21 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 22 | | when the child depicted is under the age of 13. |
| 23 | | (3) The defendant was convicted of armed violence |
| 24 | | based upon the predicate
offense of any of the following: |
| 25 | | solicitation of murder, solicitation of murder for hire, |
| 26 | | heinous battery as described in Section 12-4.1 or |
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| 1 | | subdivision (a)(2) of Section 12-3.05, aggravated battery |
| 2 | | of a senior citizen as described in Section 12-4.6 or |
| 3 | | subdivision (a)(4) of Section 12-3.05, criminal sexual |
| 4 | | assault, a violation of subsection (g) of Section 5 of the |
| 5 | | Cannabis Control Act (720 ILCS 550/5), cannabis |
| 6 | | trafficking, a violation of subsection (a) of Section 401 |
| 7 | | of the Illinois Controlled Substances Act (720 ILCS |
| 8 | | 570/401), controlled substance trafficking involving a |
| 9 | | Class X felony amount of controlled substance under |
| 10 | | Section 401 of the Illinois Controlled Substances Act (720 |
| 11 | | ILCS 570/401), a violation of the Methamphetamine Control |
| 12 | | and Community Protection Act (720 ILCS 646/), calculated |
| 13 | | criminal drug conspiracy, or streetgang criminal drug |
| 14 | | conspiracy. |
| 15 | | (4) The defendant was convicted of the offense of |
| 16 | | leaving the scene of a motor
vehicle accident involving |
| 17 | | death or personal injuries under Section 11-401 of the |
| 18 | | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) |
| 19 | | aggravated driving under the influence of alcohol, other |
| 20 | | drug or drugs, or intoxicating compound or compounds, or |
| 21 | | any combination thereof under Section 11-501 of the |
| 22 | | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless |
| 23 | | homicide under Section 9-3 of the Criminal Code of 1961 or |
| 24 | | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an |
| 25 | | offense described in item (A) and an offense described in |
| 26 | | item (B). |
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| 1 | | (5) The defendant was convicted of a violation of |
| 2 | | Section 9-3.1 or Section 9-3.4 (concealment of homicidal |
| 3 | | death) or Section 12-20.5 (dismembering a human body) of |
| 4 | | the Criminal Code of 1961 or the Criminal Code of 2012 (720 |
| 5 | | ILCS 5/9-3.1 or 5/12-20.5). |
| 6 | | (5.5) The defendant was convicted of a violation of |
| 7 | | Section 24-3.7 (use of a stolen or illegally acquired |
| 8 | | firearm in the commission of an offense) of the Criminal |
| 9 | | Code of 1961 or the Criminal Code of 2012. |
| 10 | | (6) If the defendant was in the custody of the |
| 11 | | Department of Corrections at the
time of the commission of |
| 12 | | the offense, the sentence shall be served consecutive to |
| 13 | | the sentence under which the defendant is held by the |
| 14 | | Department of Corrections. If, however, the defendant is |
| 15 | | sentenced to punishment by death, the sentence shall be |
| 16 | | executed at such time as the court may fix without regard |
| 17 | | to the sentence under which the defendant may be held by |
| 18 | | the Department. |
| 19 | | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) |
| 20 | | for escape or attempted escape shall be served
consecutive |
| 21 | | to the terms under which the offender is held by the |
| 22 | | Department of Corrections. |
| 23 | | (8) If a person charged with a felony commits a |
| 24 | | separate felony while on pretrial
release or in pretrial |
| 25 | | detention in a county jail facility or county detention |
| 26 | | facility, then the sentences imposed upon conviction of |
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| 1 | | these felonies shall be served consecutively regardless of |
| 2 | | the order in which the judgments of conviction are |
| 3 | | entered. |
| 4 | | (8.5) If a person commits a battery against a county |
| 5 | | correctional officer or sheriff's employee while serving a |
| 6 | | sentence or in pretrial detention in a county jail |
| 7 | | facility, then the sentence imposed upon conviction of the |
| 8 | | battery shall be served consecutively with the sentence |
| 9 | | imposed upon conviction of the earlier misdemeanor or |
| 10 | | felony, regardless of the order in which the
judgments of |
| 11 | | conviction are entered. |
| 12 | | (9) If a person admitted to bail following conviction |
| 13 | | of a felony commits a
separate felony while free on bond or |
| 14 | | if a person detained in a county jail facility or county |
| 15 | | detention facility following conviction of a felony |
| 16 | | commits a separate felony while in detention, then any |
| 17 | | sentence following conviction of the separate felony shall |
| 18 | | be consecutive to that of the original sentence for which |
| 19 | | the defendant was on bond or detained.
|
| 20 | | (10) If a person is found to be in possession of an |
| 21 | | item of contraband, as defined in Section 31A-0.1 of the |
| 22 | | Criminal Code of 2012, while serving a sentence in a |
| 23 | | county jail or while in pre-trial detention in a county |
| 24 | | jail, the sentence imposed upon conviction for the offense |
| 25 | | of possessing contraband in a penal institution shall be |
| 26 | | served consecutively to the sentence imposed for the |
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| 1 | | offense in which the person is serving sentence in the |
| 2 | | county jail or serving pretrial detention, regardless of |
| 3 | | the order in which the judgments of conviction are |
| 4 | | entered. |
| 5 | | (11) If a person is sentenced for a violation of bail |
| 6 | | bond under Section 32-10 of the Criminal Code of 1961 or |
| 7 | | the Criminal Code of 2012, any sentence imposed for that |
| 8 | | violation shall be served
consecutive to the sentence |
| 9 | | imposed for the charge for which bail had been
granted and |
| 10 | | with respect to which the defendant has been convicted. |
| 11 | | (e) Consecutive terms; subsequent non-Illinois term. If an |
| 12 | | Illinois court has imposed a
sentence of imprisonment on a |
| 13 | | defendant and the defendant is subsequently sentenced to a |
| 14 | | term of imprisonment by a court of another state or a federal |
| 15 | | court, then the Illinois sentence shall run consecutively to |
| 16 | | the sentence imposed by the court of the other state or the |
| 17 | | federal court. That same Illinois court, however, may order |
| 18 | | that the Illinois sentence run concurrently with the sentence |
| 19 | | imposed by the court of the other state or the federal court, |
| 20 | | but only if the defendant applies to that same Illinois court |
| 21 | | within 30 days after the sentence imposed by the court of the |
| 22 | | other state or the federal court is finalized. |
| 23 | | (f) Consecutive terms; aggregate maximums and minimums. |
| 24 | | The aggregate maximum
and aggregate minimum of consecutive |
| 25 | | sentences shall be determined as follows: |
| 26 | | (1) For sentences imposed under law in effect prior to |
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| 1 | | February 1, 1978, the
aggregate maximum of consecutive |
| 2 | | sentences shall not exceed the maximum term authorized |
| 3 | | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of |
| 4 | | Chapter V for the 2 most serious felonies involved. The |
| 5 | | aggregate minimum period of consecutive sentences shall |
| 6 | | not exceed the highest minimum term authorized under |
| 7 | | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter |
| 8 | | V for the 2 most serious felonies involved. When sentenced |
| 9 | | only for misdemeanors, a defendant shall not be |
| 10 | | consecutively sentenced to more than the maximum for one |
| 11 | | Class A misdemeanor. |
| 12 | | (2) For sentences imposed under the law in effect on |
| 13 | | or after February 1, 1978,
the aggregate of consecutive |
| 14 | | sentences for offenses that were committed as part of a |
| 15 | | single
course of conduct during which there was no |
| 16 | | substantial change in the nature of the criminal objective |
| 17 | | shall not exceed the sum of the maximum terms authorized |
| 18 | | under Article 4.5 of Chapter V for the 2 most serious |
| 19 | | felonies involved, but no such limitation shall apply for |
| 20 | | offenses that were not committed as part of a single |
| 21 | | course of conduct during which there was no substantial |
| 22 | | change in the nature of the criminal objective. When |
| 23 | | sentenced only for misdemeanors, a defendant shall not be |
| 24 | | consecutively sentenced to more than the maximum for one |
| 25 | | Class A misdemeanor.
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| 26 | | (g) Consecutive terms; manner served. In determining the |
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| 1 | | manner in which consecutive sentences of imprisonment, one or |
| 2 | | more of which is for a felony, will be served, the Department |
| 3 | | of Corrections shall treat the defendant as though he or she |
| 4 | | had been committed for a single term subject to each of the |
| 5 | | following: |
| 6 | | (1) The maximum period of a term of imprisonment shall |
| 7 | | consist of the aggregate
of the maximums of the imposed |
| 8 | | indeterminate terms, if any, plus the aggregate of the |
| 9 | | imposed determinate sentences for felonies, plus the |
| 10 | | aggregate of the imposed determinate sentences for |
| 11 | | misdemeanors, subject to subsection (f) of this Section. |
| 12 | | (2) The parole or mandatory supervised release term |
| 13 | | shall be as provided in
paragraph (e) of Section 5-4.5-50 |
| 14 | | (730 ILCS 5/5-4.5-50) for the most serious of the offenses |
| 15 | | involved. |
| 16 | | (3) The minimum period of imprisonment shall be the |
| 17 | | aggregate of the minimum
and determinate periods of |
| 18 | | imprisonment imposed by the court, subject to subsection |
| 19 | | (f) of this Section. |
| 20 | | (4) The defendant shall be awarded credit against the |
| 21 | | aggregate maximum term
and the aggregate minimum term of |
| 22 | | imprisonment for all time served in an institution since |
| 23 | | the commission of the offense or offenses and as a |
| 24 | | consequence thereof at the rate specified in
Section 3-6-3 |
| 25 | | (730 ILCS 5/3-6-3).
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| 26 | | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; |