Public Act 103-0822

HB4500 Enrolled LRB103 36506 RLC 66612 b

AN ACT concerning criminal law.

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

represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by

changing Section 4.2 as follows:

(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)

Sec. 4.2. (a) No applicant may receive a license from the

Department and no person may be employed by a licensed child

care facility who refuses to authorize an investigation as

required by Section 4.1.

(b) In addition to the other provisions of this Section,

no applicant may receive a license from the Department and no

person may be employed by a child care facility licensed by the

Department who has been declared a sexually dangerous person

under the Sexually Dangerous Persons Act, or convicted of

committing or attempting to commit any of the following

offenses stipulated under the Criminal Code of 1961 or the

Criminal Code of 2012:

(1) murder;

(1.1) solicitation of murder;

(1.2) solicitation of murder for hire;

(1.3) intentional homicide of an unborn child;

(1.4) voluntary manslaughter of an unborn child;

(1.5) involuntary manslaughter;

(1.6) reckless homicide;

(1.7) concealment of a homicidal death;

(1.8) involuntary manslaughter of an unborn child;

(1.9) reckless homicide of an unborn child;

(1.10) drug-induced homicide;

(2) a sex offense under Article 11, except offenses

described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

11-40, and 11-45;

(3) kidnapping;

(3.1) aggravated unlawful restraint;

(3.2) forcible detention;

(3.3) harboring a runaway;

(3.4) aiding and abetting child abduction;

(4) aggravated kidnapping;

(5) child abduction;

(6) aggravated battery of a child as described in

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

(7) criminal sexual assault;

(8) aggravated criminal sexual assault;

(8.1) predatory criminal sexual assault of a child;

(9) criminal sexual abuse;

(10) aggravated sexual abuse;

(11) heinous battery as described in Section 12-4.1 or

subdivision (a)(2) of Section 12-3.05;

(12) aggravated battery with a firearm as described in

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

(e)(4) of Section 12-3.05;

(13) tampering with food, drugs, or cosmetics;

(14) drug induced infliction of great bodily harm as

described in Section 12-4.7 or subdivision (g)(1) of

Section 12-3.05;

(15) hate crime;

(16) stalking;

(17) aggravated stalking;

(18) threatening public officials;

(19) home invasion;

(20) vehicular invasion;

(21) criminal transmission of HIV;

(22) criminal abuse or neglect of an elderly person or

person with a disability as described in Section 12-21 or

subsection (e) of Section 12-4.4a;

(23) child abandonment;

(24) endangering the life or health of a child;

(25) ritual mutilation;

(26) ritualized abuse of a child;

(27) an offense in any other jurisdiction the elements

of which are similar and bear a substantial relationship

to any of the foregoing offenses.

(b-1) In addition to the other provisions of this Section,

beginning January 1, 2004, no new applicant and, on the date of

licensure renewal, no current licensee may operate or receive

a license from the Department to operate, no person may be

employed by, and no adult person may reside in a child care

facility licensed by the Department who has been convicted of

committing or attempting to commit any of the following

offenses or an offense in any other jurisdiction the elements

of which are similar and bear a substantial relationship to

any of the following offenses:

(I) BODILY HARM

(1) Felony aggravated assault.

(2) Vehicular endangerment.

(3) Felony domestic battery.

(4) Aggravated battery.

(5) Heinous battery.

(6) Aggravated battery with a firearm.

(7) Aggravated battery of an unborn child.

(8) Aggravated battery of a senior citizen.

(9) Intimidation.

(10) Compelling organization membership of persons.

(11) Abuse and criminal neglect of a long term care

facility resident.

(12) Felony violation of an order of protection.

(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

(1) Felony unlawful possession use of weapons.

(2) Aggravated discharge of a firearm.

(3) Reckless discharge of a firearm.

(4) Unlawful use of metal piercing bullets.

(5) Unlawful sale or delivery of firearms on the

premises of any school.

(6) Disarming a police officer.

(7) Obstructing justice.

(8) Concealing or aiding a fugitive.

(9) Armed violence.

(10) Felony contributing to the criminal delinquency

of a juvenile.

(III) DRUG OFFENSES

(1) Possession of more than 30 grams of cannabis.

(2) Manufacture of more than 10 grams of cannabis.

(3) Cannabis trafficking.

(4) Delivery of cannabis on school grounds.

(5) Unauthorized production of more than 5 cannabis

sativa plants.

(6) Calculated criminal cannabis conspiracy.

(7) Unauthorized manufacture or delivery of controlled

substances.

(8) Controlled substance trafficking.

(9) Manufacture, distribution, or advertisement of

look-alike substances.

(10) Calculated criminal drug conspiracy.

(11) Street gang criminal drug conspiracy.

(12) Permitting unlawful use of a building.

(13) Delivery of controlled, counterfeit, or

look-alike substances to persons under age 18, or at truck

stops, rest stops, or safety rest areas, or on school

property.

(14) Using, engaging, or employing persons under 18 to

deliver controlled, counterfeit, or look-alike substances.

(15) Delivery of controlled substances.

(16) Sale or delivery of drug paraphernalia.

(17) Felony possession, sale, or exchange of

instruments adapted for use of a controlled substance,

methamphetamine, or cannabis by subcutaneous injection.

(18) Felony possession of a controlled substance.

(19) Any violation of the Methamphetamine Control and

Community Protection Act.

(b-1.5) In addition to any other provision of this

Section, for applicants with access to confidential financial

information or who submit documentation to support billing,

the Department may, in its discretion, deny or refuse to renew

a license to an applicant who has been convicted of committing

or attempting to commit any of the following felony offenses:

(1) financial institution fraud under Section 17-10.6

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

(2) identity theft under Section 16-30 of the Criminal

Code of 1961 or the Criminal Code of 2012;

(3) financial exploitation of an elderly person or a

person with a disability under Section 17-56 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(4) computer tampering under Section 17-51 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(5) aggravated computer tampering under Section 17-52

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

(6) computer fraud under Section 17-50 of the Criminal

Code of 1961 or the Criminal Code of 2012;

(7) deceptive practices under Section 17-1 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(8) forgery under Section 17-3 of the Criminal Code of

1961 or the Criminal Code of 2012;

(9) State benefits fraud under Section 17-6 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(10) mail fraud and wire fraud under Section 17-24 of

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

(11) theft under paragraphs (1.1) through (11) of

subsection (b) of Section 16-1 of the Criminal Code of

1961 or the Criminal Code of 2012.

(b-2) Notwithstanding subsection (b-1), the Department may

make an exception and, for child care facilities other than

foster family homes, issue a new child care facility license

to or renew the existing child care facility license of an

applicant, a person employed by a child care facility, or an

applicant who has an adult residing in a home child care

facility who was convicted of an offense described in

subsection (b-1), provided that all of the following

requirements are met:

(1) The relevant criminal offense occurred more than 5

years prior to the date of application or renewal, except

for drug offenses. The relevant drug offense must have

occurred more than 10 years prior to the date of

application or renewal, unless the applicant passed a drug

test, arranged and paid for by the child care facility, no

less than 5 years after the offense.

(2) The Department must conduct a background check and

assess all convictions and recommendations of the child

care facility to determine if hiring or licensing the

applicant is in accordance with Department administrative

rules and procedures.

(3) The applicant meets all other requirements and

qualifications to be licensed as the pertinent type of

child care facility under this Act and the Department's

administrative rules.

(c) In addition to the other provisions of this Section,

no applicant may receive a license from the Department to

operate a foster family home, and no adult person may reside in

a foster family home licensed by the Department, who has been

convicted of committing or attempting to commit any of the

following offenses stipulated under the Criminal Code of 1961,

the Criminal Code of 2012, the Cannabis Control Act, the

Methamphetamine Control and Community Protection Act, and the

Illinois Controlled Substances Act:

(I) OFFENSES DIRECTED AGAINST THE PERSON

(A) KIDNAPPING AND RELATED OFFENSES

(1) Unlawful restraint.

(B) BODILY HARM

(2) Felony aggravated assault.

(3) Vehicular endangerment.

(4) Felony domestic battery.

(5) Aggravated battery.

(6) Heinous battery.

(7) Aggravated battery with a firearm.

(8) Aggravated battery of an unborn child.

(9) Aggravated battery of a senior citizen.

(10) Intimidation.

(11) Compelling organization membership of persons.

(12) Abuse and criminal neglect of a long term care

facility resident.

(13) Felony violation of an order of protection.

(II) OFFENSES DIRECTED AGAINST PROPERTY

(14) Felony theft.

(15) Robbery.

(16) Armed robbery.

(17) Aggravated robbery.

(18) Vehicular hijacking.

(19) Aggravated vehicular hijacking.

(20) Burglary.

(21) Possession of burglary tools.

(22) Residential burglary.

(23) Criminal fortification of a residence or

building.

(24) Arson.

(25) Aggravated arson.

(26) Possession of explosive or explosive incendiary

devices.

(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

(27) Felony unlawful possession use of weapons.

(28) Aggravated discharge of a firearm.

(29) Reckless discharge of a firearm.

(30) Unlawful use of metal piercing bullets.

(31) Unlawful sale or delivery of firearms on the

premises of any school.

(32) Disarming a police officer.

(33) Obstructing justice.

(34) Concealing or aiding a fugitive.

(35) Armed violence.

(36) Felony contributing to the criminal delinquency

of a juvenile.

(IV) DRUG OFFENSES

(37) Possession of more than 30 grams of cannabis.

(38) Manufacture of more than 10 grams of cannabis.

(39) Cannabis trafficking.

(40) Delivery of cannabis on school grounds.

(41) Unauthorized production of more than 5 cannabis

sativa plants.

(42) Calculated criminal cannabis conspiracy.

(43) Unauthorized manufacture or delivery of

controlled substances.

(44) Controlled substance trafficking.

(45) Manufacture, distribution, or advertisement of

look-alike substances.

(46) Calculated criminal drug conspiracy.

(46.5) Streetgang criminal drug conspiracy.

(47) Permitting unlawful use of a building.

(48) Delivery of controlled, counterfeit, or

look-alike substances to persons under age 18, or at truck

stops, rest stops, or safety rest areas, or on school

property.

(49) Using, engaging, or employing persons under 18 to

deliver controlled, counterfeit, or look-alike substances.

(50) Delivery of controlled substances.

(51) Sale or delivery of drug paraphernalia.

(52) Felony possession, sale, or exchange of

instruments adapted for use of a controlled substance,

methamphetamine, or cannabis by subcutaneous injection.

(53) Any violation of the Methamphetamine Control and

Community Protection Act.

(d) Notwithstanding subsection (c), the Department may

make an exception and issue a new foster family home license or

may renew an existing foster family home license of an

applicant who was convicted of an offense described in

subsection (c), provided all of the following requirements are

met:

(1) The relevant criminal offense or offenses occurred

more than 10 years prior to the date of application or

renewal.

(2) The applicant had previously disclosed the

conviction or convictions to the Department for purposes

of a background check.

(3) After the disclosure, the Department either placed

a child in the home or the foster family home license was

issued.

(4) During the background check, the Department had

assessed and waived the conviction in compliance with the

existing statutes and rules in effect at the time of the

hire or licensure.

(5) The applicant meets all other requirements and

qualifications to be licensed as a foster family home

under this Act and the Department's administrative rules.

(6) The applicant has a history of providing a safe,

stable home environment and appears able to continue to

provide a safe, stable home environment.

(e) In evaluating the exception pursuant to subsections

(b-2) and (d), the Department must carefully review any

relevant documents to determine whether the applicant, despite

the disqualifying convictions, poses a substantial risk to

State resources or clients. In making such a determination,

the following guidelines shall be used:

(1) the age of the applicant when the offense was

committed;

(2) the circumstances surrounding the offense;

(3) the length of time since the conviction;

(4) the specific duties and responsibilities

necessarily related to the license being applied for and

the bearing, if any, that the applicant's conviction

history may have on the applicant's fitness to perform

these duties and responsibilities;

(5) the applicant's employment references;

(6) the applicant's character references and any

certificates of achievement;

(7) an academic transcript showing educational

attainment since the disqualifying conviction;

(8) a Certificate of Relief from Disabilities or

Certificate of Good Conduct; and

(9) anything else that speaks to the applicant's

character.

(Source: P.A. 103-22, eff. 8-8-23.)

Section 10. The Illinois Vehicle Code is amended by

changing Section 6-206 as follows:

(625 ILCS 5/6-206)

Sec. 6-206. Discretionary authority to suspend or revoke

license or permit; right to a hearing.

(a) The Secretary of State is authorized to suspend or

revoke the driving privileges of any person without

preliminary hearing upon a showing of the person's records or

other sufficient evidence that the person:

1. Has committed an offense for which mandatory

revocation of a driver's license or permit is required

upon conviction;

2. Has been convicted of not less than 3 offenses

against traffic regulations governing the movement of

vehicles committed within any 12-month period. No

revocation or suspension shall be entered more than 6

months after the date of last conviction;

3. Has been repeatedly involved as a driver in motor

vehicle collisions or has been repeatedly convicted of

offenses against laws and ordinances regulating the

movement of traffic, to a degree that indicates lack of

ability to exercise ordinary and reasonable care in the

safe operation of a motor vehicle or disrespect for the

traffic laws and the safety of other persons upon the

highway;

4. Has by the unlawful operation of a motor vehicle

caused or contributed to a crash resulting in injury

requiring immediate professional treatment in a medical

facility or doctor's office to any person, except that any

suspension or revocation imposed by the Secretary of State

under the provisions of this subsection shall start no

later than 6 months after being convicted of violating a

law or ordinance regulating the movement of traffic, which

violation is related to the crash, or shall start not more

than one year after the date of the crash, whichever date

occurs later;

5. Has permitted an unlawful or fraudulent use of a

driver's license, identification card, or permit;

6. Has been lawfully convicted of an offense or

offenses in another state, including the authorization

contained in Section 6-203.1, which if committed within

this State would be grounds for suspension or revocation;

7. Has refused or failed to submit to an examination

provided for by Section 6-207 or has failed to pass the

examination;

8. Is ineligible for a driver's license or permit

under the provisions of Section 6-103;

9. Has made a false statement or knowingly concealed a

material fact or has used false information or

identification in any application for a license,

identification card, or permit;

10. Has possessed, displayed, or attempted to

fraudulently use any license, identification card, or

permit not issued to the person;

11. Has operated a motor vehicle upon a highway of

this State when the person's driving privilege or

privilege to obtain a driver's license or permit was

revoked or suspended unless the operation was authorized

by a monitoring device driving permit, judicial driving

permit issued prior to January 1, 2009, probationary

license to drive, or restricted driving permit issued

under this Code;

12. Has submitted to any portion of the application

process for another person or has obtained the services of

another person to submit to any portion of the application

process for the purpose of obtaining a license,

identification card, or permit for some other person;

13. Has operated a motor vehicle upon a highway of

this State when the person's driver's license or permit

was invalid under the provisions of Sections 6-107.1 and

6-110;

14. Has committed a violation of Section 6-301,

6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

14B of the Illinois Identification Card Act or a similar

offense in another state if, at the time of the offense,

the person held an Illinois driver's license or

identification card;

15. Has been convicted of violating Section 21-2 of

the Criminal Code of 1961 or the Criminal Code of 2012

relating to criminal trespass to vehicles if the person

exercised actual physical control over the vehicle during

the commission of the offense, in which case the

suspension shall be for one year;

16. Has been convicted of violating Section 11-204 of

this Code relating to fleeing from a peace officer;

17. Has refused to submit to a test, or tests, as

required under Section 11-501.1 of this Code and the

person has not sought a hearing as provided for in Section

11-501.1;

18. (Blank);

19. Has committed a violation of paragraph (a) or (b)

of Section 6-101 relating to driving without a driver's

license;

20. Has been convicted of violating Section 6-104

relating to classification of driver's license;

21. Has been convicted of violating Section 11-402 of

this Code relating to leaving the scene of a crash

resulting in damage to a vehicle in excess of $1,000, in

which case the suspension shall be for one year;

22. Has used a motor vehicle in violating paragraph

(3), (4), (7), or (9) of subsection (a) of Section 24-1 of

the Criminal Code of 1961 or the Criminal Code of 2012

relating to unlawful possession use of weapons, in which

case the suspension shall be for one year;

23. Has, as a driver, been convicted of committing a

violation of paragraph (a) of Section 11-502 of this Code

for a second or subsequent time within one year of a

similar violation;

24. Has been convicted by a court-martial or punished

by non-judicial punishment by military authorities of the

United States at a military installation in Illinois or in

another state of or for a traffic-related offense that is

the same as or similar to an offense specified under

Section 6-205 or 6-206 of this Code;

25. Has permitted any form of identification to be

used by another in the application process in order to

obtain or attempt to obtain a license, identification

card, or permit;

26. Has altered or attempted to alter a license or has

possessed an altered license, identification card, or

permit;

27. (Blank);

28. Has been convicted for a first time of the illegal

possession, while operating or in actual physical control,

as a driver, of a motor vehicle, of any controlled

substance prohibited under the Illinois Controlled

Substances Act, any cannabis prohibited under the Cannabis

Control Act, or any methamphetamine prohibited under the

Methamphetamine Control and Community Protection Act, in

which case the person's driving privileges shall be

suspended for one year. Any defendant found guilty of this

offense while operating a motor vehicle shall have an

entry made in the court record by the presiding judge that

this offense did occur while the defendant was operating a

motor vehicle and order the clerk of the court to report

the violation to the Secretary of State;

29. Has been convicted of the following offenses that

were committed while the person was operating or in actual

physical control, as a driver, of a motor vehicle:

criminal sexual assault, predatory criminal sexual assault

of a child, aggravated criminal sexual assault, criminal

sexual abuse, aggravated criminal sexual abuse, juvenile

pimping, soliciting for a juvenile prostitute, promoting

juvenile prostitution as described in subdivision (a)(1),

(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

of 1961 or the Criminal Code of 2012, and the manufacture,

sale or delivery of controlled substances or instruments

used for illegal drug use or abuse in which case the

driver's driving privileges shall be suspended for one

year;

30. Has been convicted a second or subsequent time for

any combination of the offenses named in paragraph 29 of

this subsection, in which case the person's driving

privileges shall be suspended for 5 years;

31. Has refused to submit to a test as required by

Section 11-501.6 of this Code or Section 5-16c of the Boat

Registration and Safety Act or has submitted to a test

resulting in an alcohol concentration of 0.08 or more or

any amount of a drug, substance, or compound resulting

from the unlawful use or consumption of cannabis as listed

in the Cannabis Control Act, a controlled substance as

listed in the Illinois Controlled Substances Act, an

intoxicating compound as listed in the Use of Intoxicating

Compounds Act, or methamphetamine as listed in the

Methamphetamine Control and Community Protection Act, in

which case the penalty shall be as prescribed in Section

6-208.1;

32. Has been convicted of Section 24-1.2 of the

Criminal Code of 1961 or the Criminal Code of 2012

relating to the aggravated discharge of a firearm if the

offender was located in a motor vehicle at the time the

firearm was discharged, in which case the suspension shall

be for 3 years;

33. Has as a driver, who was less than 21 years of age

on the date of the offense, been convicted a first time of

a violation of paragraph (a) of Section 11-502 of this

Code or a similar provision of a local ordinance;

34. Has committed a violation of Section 11-1301.5 of

this Code or a similar provision of a local ordinance;

35. Has committed a violation of Section 11-1301.6 of

this Code or a similar provision of a local ordinance;

36. Is under the age of 21 years at the time of arrest

and has been convicted of not less than 2 offenses against

traffic regulations governing the movement of vehicles

committed within any 24-month period. No revocation or

suspension shall be entered more than 6 months after the

date of last conviction;

37. Has committed a violation of subsection (c) of

Section 11-907 of this Code that resulted in damage to the

property of another or the death or injury of another;

38. Has been convicted of a violation of Section 6-20

of the Liquor Control Act of 1934 or a similar provision of

a local ordinance and the person was an occupant of a motor

vehicle at the time of the violation;

39. Has committed a second or subsequent violation of

Section 11-1201 of this Code;

40. Has committed a violation of subsection (a-1) of

Section 11-908 of this Code;

41. Has committed a second or subsequent violation of

Section 11-605.1 of this Code, a similar provision of a

local ordinance, or a similar violation in any other state

within 2 years of the date of the previous violation, in

which case the suspension shall be for 90 days;

42. Has committed a violation of subsection (a-1) of

Section 11-1301.3 of this Code or a similar provision of a

local ordinance;

43. Has received a disposition of court supervision

for a violation of subsection (a), (d), or (e) of Section

6-20 of the Liquor Control Act of 1934 or a similar

provision of a local ordinance and the person was an

occupant of a motor vehicle at the time of the violation,

in which case the suspension shall be for a period of 3

months;

44. Is under the age of 21 years at the time of arrest

and has been convicted of an offense against traffic

regulations governing the movement of vehicles after

having previously had his or her driving privileges

suspended or revoked pursuant to subparagraph 36 of this

Section;

45. Has, in connection with or during the course of a

formal hearing conducted under Section 2-118 of this Code:

(i) committed perjury; (ii) submitted fraudulent or

falsified documents; (iii) submitted documents that have

been materially altered; or (iv) submitted, as his or her

own, documents that were in fact prepared or composed for

another person;

46. Has committed a violation of subsection (j) of

Section 3-413 of this Code;

47. Has committed a violation of subsection (a) of

Section 11-502.1 of this Code;

48. Has submitted a falsified or altered medical

examiner's certificate to the Secretary of State or

provided false information to obtain a medical examiner's

certificate;

49. Has been convicted of a violation of Section

11-1002 or 11-1002.5 that resulted in a Type A injury to

another, in which case the driving privileges of the

person shall be suspended for 12 months;

50. Has committed a violation of subsection (b-5) of

Section 12-610.2 that resulted in great bodily harm,

permanent disability, or disfigurement, in which case the

driving privileges of the person shall be suspended for 12

months;

51. Has committed a violation of Section 10-15 Of the

Cannabis Regulation and Tax Act or a similar provision of

a local ordinance while in a motor vehicle; or

52. Has committed a violation of subsection (b) of

Section 10-20 of the Cannabis Regulation and Tax Act or a

similar provision of a local ordinance.

For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

and 27 of this subsection, license means any driver's license,

any traffic ticket issued when the person's driver's license

is deposited in lieu of bail, a suspension notice issued by the

Secretary of State, a duplicate or corrected driver's license,

a probationary driver's license, or a temporary driver's

license.

(b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the

order of suspension or revocation, as the case may be,

provided that a certified copy of a stay order of a court is

filed with the Secretary of State. If the conviction is

affirmed on appeal, the date of the conviction shall relate

back to the time the original judgment of conviction was

entered and the 6-month limitation prescribed shall not apply.

(c) 1. Upon suspending or revoking the driver's license or

permit of any person as authorized in this Section, the

Secretary of State shall immediately notify the person in

writing of the revocation or suspension. The notice to be

deposited in the United States mail, postage prepaid, to the

last known address of the person.

2. If the Secretary of State suspends the driver's license

of a person under subsection 2 of paragraph (a) of this

Section, a person's privilege to operate a vehicle as an

occupation shall not be suspended, provided an affidavit is

properly completed, the appropriate fee received, and a permit

issued prior to the effective date of the suspension, unless 5

offenses were committed, at least 2 of which occurred while

operating a commercial vehicle in connection with the driver's

regular occupation. All other driving privileges shall be

suspended by the Secretary of State. Any driver prior to

operating a vehicle for occupational purposes only must submit

the affidavit on forms to be provided by the Secretary of State

setting forth the facts of the person's occupation. The

affidavit shall also state the number of offenses committed

while operating a vehicle in connection with the driver's

regular occupation. The affidavit shall be accompanied by the

driver's license. Upon receipt of a properly completed

affidavit, the Secretary of State shall issue the driver a

permit to operate a vehicle in connection with the driver's

regular occupation only. Unless the permit is issued by the

Secretary of State prior to the date of suspension, the

privilege to drive any motor vehicle shall be suspended as set

forth in the notice that was mailed under this Section. If an

affidavit is received subsequent to the effective date of this

suspension, a permit may be issued for the remainder of the

suspension period.

The provisions of this subparagraph shall not apply to any

driver required to possess a CDL for the purpose of operating a

commercial motor vehicle.

Any person who falsely states any fact in the affidavit

required herein shall be guilty of perjury under Section 6-302

and upon conviction thereof shall have all driving privileges

revoked without further rights.

3. At the conclusion of a hearing under Section 2-118 of

this Code, the Secretary of State shall either rescind or

continue an order of revocation or shall substitute an order

of suspension; or, good cause appearing therefor, rescind,

continue, change, or extend the order of suspension. If the

Secretary of State does not rescind the order, the Secretary

may upon application, to relieve undue hardship (as defined by

the rules of the Secretary of State), issue a restricted

driving permit granting the privilege of driving a motor

vehicle between the petitioner's residence and petitioner's

place of employment or within the scope of the petitioner's

employment-related duties, or to allow the petitioner to

transport himself or herself, or a family member of the

petitioner's household to a medical facility, to receive

necessary medical care, to allow the petitioner to transport

himself or herself to and from alcohol or drug remedial or

rehabilitative activity recommended by a licensed service

provider, or to allow the petitioner to transport himself or

herself or a family member of the petitioner's household to

classes, as a student, at an accredited educational

institution, or to allow the petitioner to transport children,

elderly persons, or persons with disabilities who do not hold

driving privileges and are living in the petitioner's

household to and from daycare. The petitioner must demonstrate

that no alternative means of transportation is reasonably

available and that the petitioner will not endanger the public

safety or welfare.

(A) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating

Section 11-501 of this Code or a similar provision of a

local ordinance or a similar out-of-state offense, or

Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, where the use of alcohol or other drugs is

recited as an element of the offense, or a similar

out-of-state offense, or a combination of these offenses,

arising out of separate occurrences, that person, if

issued a restricted driving permit, may not operate a

vehicle unless it has been equipped with an ignition

interlock device as defined in Section 1-129.1.

(B) If a person's license or permit is revoked or

suspended 2 or more times due to any combination of:

(i) a single conviction of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense or Section

9-3 of the Criminal Code of 1961 or the Criminal Code

of 2012, where the use of alcohol or other drugs is

recited as an element of the offense, or a similar

out-of-state offense; or

(ii) a statutory summary suspension or revocation

under Section 11-501.1; or

(iii) a suspension under Section 6-203.1;

arising out of separate occurrences; that person, if

issued a restricted driving permit, may not operate a

vehicle unless it has been equipped with an ignition

interlock device as defined in Section 1-129.1.

(B-5) If a person's license or permit is revoked or

suspended due to a conviction for a violation of

subparagraph (C) or (F) of paragraph (1) of subsection (d)

of Section 11-501 of this Code, or a similar provision of a

local ordinance or similar out-of-state offense, that

person, if issued a restricted driving permit, may not

operate a vehicle unless it has been equipped with an

ignition interlock device as defined in Section 1-129.1.

(C) The person issued a permit conditioned upon the

use of an ignition interlock device must pay to the

Secretary of State DUI Administration Fund an amount not

to exceed $30 per month. The Secretary shall establish by

rule the amount and the procedures, terms, and conditions

relating to these fees.

(D) If the restricted driving permit is issued for

employment purposes, then the prohibition against

operating a motor vehicle that is not equipped with an

ignition interlock device does not apply to the operation

of an occupational vehicle owned or leased by that

person's employer when used solely for employment

purposes. For any person who, within a 5-year period, is

convicted of a second or subsequent offense under Section

11-501 of this Code, or a similar provision of a local

ordinance or similar out-of-state offense, this employment

exemption does not apply until either a one-year period

has elapsed during which that person had his or her

driving privileges revoked or a one-year period has

elapsed during which that person had a restricted driving

permit which required the use of an ignition interlock

device on every motor vehicle owned or operated by that

person.

(E) In each case the Secretary may issue a restricted

driving permit for a period deemed appropriate, except

that all permits shall expire no later than 2 years from

the date of issuance. A restricted driving permit issued

under this Section shall be subject to cancellation,

revocation, and suspension by the Secretary of State in

like manner and for like cause as a driver's license

issued under this Code may be cancelled, revoked, or

suspended; except that a conviction upon one or more

offenses against laws or ordinances regulating the

movement of traffic shall be deemed sufficient cause for

the revocation, suspension, or cancellation of a

restricted driving permit. The Secretary of State may, as

a condition to the issuance of a restricted driving

permit, require the applicant to participate in a

designated driver remedial or rehabilitative program. The

Secretary of State is authorized to cancel a restricted

driving permit if the permit holder does not successfully

complete the program.

(F) A person subject to the provisions of paragraph 4

of subsection (b) of Section 6-208 of this Code may make

application for a restricted driving permit at a hearing

conducted under Section 2-118 of this Code after the

expiration of 5 years from the effective date of the most

recent revocation or after 5 years from the date of

release from a period of imprisonment resulting from a

conviction of the most recent offense, whichever is later,

provided the person, in addition to all other requirements

of the Secretary, shows by clear and convincing evidence:

(i) a minimum of 3 years of uninterrupted

abstinence from alcohol and the unlawful use or

consumption of cannabis under the Cannabis Control

Act, a controlled substance under the Illinois

Controlled Substances Act, an intoxicating compound

under the Use of Intoxicating Compounds Act, or

methamphetamine under the Methamphetamine Control and

Community Protection Act; and

(ii) the successful completion of any

rehabilitative treatment and involvement in any

ongoing rehabilitative activity that may be

recommended by a properly licensed service provider

according to an assessment of the person's alcohol or

drug use under Section 11-501.01 of this Code.

In determining whether an applicant is eligible for a

restricted driving permit under this subparagraph (F), the

Secretary may consider any relevant evidence, including,

but not limited to, testimony, affidavits, records, and

the results of regular alcohol or drug tests. Persons

subject to the provisions of paragraph 4 of subsection (b)

of Section 6-208 of this Code and who have been convicted

of more than one violation of paragraph (3), paragraph

(4), or paragraph (5) of subsection (a) of Section 11-501

of this Code shall not be eligible to apply for a

restricted driving permit under this subparagraph (F).

A restricted driving permit issued under this

subparagraph (F) shall provide that the holder may only

operate motor vehicles equipped with an ignition interlock

device as required under paragraph (2) of subsection (c)

of Section 6-205 of this Code and subparagraph (A) of

paragraph 3 of subsection (c) of this Section. The

Secretary may revoke a restricted driving permit or amend

the conditions of a restricted driving permit issued under

this subparagraph (F) if the holder operates a vehicle

that is not equipped with an ignition interlock device, or

for any other reason authorized under this Code.

A restricted driving permit issued under this

subparagraph (F) shall be revoked, and the holder barred

from applying for or being issued a restricted driving

permit in the future, if the holder is convicted of a

violation of Section 11-501 of this Code, a similar

provision of a local ordinance, or a similar offense in

another state.

(c-3) In the case of a suspension under paragraph 43 of

subsection (a), reports received by the Secretary of State

under this Section shall, except during the actual time the

suspension is in effect, be privileged information and for use

only by the courts, police officers, prosecuting authorities,

the driver licensing administrator of any other state, the

Secretary of State, or the parent or legal guardian of a driver

under the age of 18. However, beginning January 1, 2008, if the

person is a CDL holder, the suspension shall also be made

available to the driver licensing administrator of any other

state, the U.S. Department of Transportation, and the affected

driver or motor carrier or prospective motor carrier upon

request.

(c-4) In the case of a suspension under paragraph 43 of

subsection (a), the Secretary of State shall notify the person

by mail that his or her driving privileges and driver's

license will be suspended one month after the date of the

mailing of the notice.

(c-5) The Secretary of State may, as a condition of the

reissuance of a driver's license or permit to an applicant

whose driver's license or permit has been suspended before he

or she reached the age of 21 years pursuant to any of the

provisions of this Section, require the applicant to

participate in a driver remedial education course and be

retested under Section 6-109 of this Code.

(d) This Section is subject to the provisions of the

Driver License Compact.

(e) The Secretary of State shall not issue a restricted

driving permit to a person under the age of 16 years whose

driving privileges have been suspended or revoked under any

provisions of this Code.

(f) In accordance with 49 CFR 384, the Secretary of State

may not issue a restricted driving permit for the operation of

a commercial motor vehicle to a person holding a CDL whose

driving privileges have been suspended, revoked, cancelled, or

disqualified under any provisions of this Code.

(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;

102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.

7-1-23; 103-154, eff. 6-30-23.)

Section 15. The Juvenile Court Act of 1987 is amended by

changing Section 1-7 as follows:

(705 ILCS 405/1-7)

Sec. 1-7. Confidentiality of juvenile law enforcement and

municipal ordinance violation records.

(A) All juvenile law enforcement records which have not

been expunged are confidential and may never be disclosed to

the general public or otherwise made widely available.

Juvenile law enforcement records may be obtained only under

this Section and Section 1-8 and Part 9 of Article V of this

Act, when their use is needed for good cause and with an order

from the juvenile court, as required by those not authorized

to retain them. Inspection, copying, and disclosure of

juvenile law enforcement records maintained by law enforcement

agencies or records of municipal ordinance violations

maintained by any State, local, or municipal agency that

relate to a minor who has been investigated, arrested, or

taken into custody before the minor's 18th birthday shall be

restricted to the following:

(0.05) The minor who is the subject of the juvenile

law enforcement record, the minor's parents, guardian, and

counsel.

(0.10) Judges of the circuit court and members of the

staff of the court designated by the judge.

(0.15) An administrative adjudication hearing officer

or members of the staff designated to assist in the

administrative adjudication process.

(1) Any local, State, or federal law enforcement

officers or designated law enforcement staff of any

jurisdiction or agency when necessary for the discharge of

their official duties during the investigation or

prosecution of a crime or relating to a minor who has been

adjudicated delinquent and there has been a previous

finding that the act which constitutes the previous

offense was committed in furtherance of criminal

activities by a criminal street gang, or, when necessary

for the discharge of its official duties in connection

with a particular investigation of the conduct of a law

enforcement officer, an independent agency or its staff

created by ordinance and charged by a unit of local

government with the duty of investigating the conduct of

law enforcement officers. For purposes of this Section,

"criminal street gang" has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(2) Prosecutors, public defenders, probation officers,

social workers, or other individuals assigned by the court

to conduct a pre-adjudication or pre-disposition

investigation, and individuals responsible for supervising

or providing temporary or permanent care and custody for

minors under the order of the juvenile court, when

essential to performing their responsibilities.

(3) Federal, State, or local prosecutors, public

defenders, probation officers, and designated staff:

(a) in the course of a trial when institution of

criminal proceedings has been permitted or required

under Section 5-805;

(b) when institution of criminal proceedings has

been permitted or required under Section 5-805 and the

minor is the subject of a proceeding to determine the

conditions of pretrial release;

(c) when criminal proceedings have been permitted

or required under Section 5-805 and the minor is the

subject of a pre-trial investigation, pre-sentence

investigation, fitness hearing, or proceedings on an

application for probation; or

(d) in the course of prosecution or administrative

adjudication of a violation of a traffic, boating, or

fish and game law, or a county or municipal ordinance.

(4) Adult and Juvenile Prisoner Review Board.

(5) Authorized military personnel.

(5.5) Employees of the federal government authorized

by law.

(6) Persons engaged in bona fide research, with the

permission of the Presiding Judge and the chief executive

of the respective law enforcement agency; provided that

publication of such research results in no disclosure of a

minor's identity and protects the confidentiality of the

minor's record.

(7) Department of Children and Family Services child

protection investigators acting in their official

capacity.

(8) The appropriate school official only if the agency

or officer believes that there is an imminent threat of

physical harm to students, school personnel, or others.

(A) Inspection and copying shall be limited to

juvenile law enforcement records transmitted to the

appropriate school official or officials whom the

school has determined to have a legitimate educational

or safety interest by a local law enforcement agency

under a reciprocal reporting system established and

maintained between the school district and the local

law enforcement agency under Section 10-20.14 of the

School Code concerning a minor enrolled in a school

within the school district who has been arrested or

taken into custody for any of the following offenses:

(i) any violation of Article 24 of the

Criminal Code of 1961 or the Criminal Code of

2012;

(ii) a violation of the Illinois Controlled

Substances Act;

(iii) a violation of the Cannabis Control Act;

(iv) a forcible felony as defined in Section

2-8 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(v) a violation of the Methamphetamine Control

and Community Protection Act;

(vi) a violation of Section 1-2 of the

Harassing and Obscene Communications Act;

(vii) a violation of the Hazing Act; or

(viii) a violation of Section 12-1, 12-2,

12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

Criminal Code of 1961 or the Criminal Code of

2012.

The information derived from the juvenile law

enforcement records shall be kept separate from and

shall not become a part of the official school record

of that child and shall not be a public record. The

information shall be used solely by the appropriate

school official or officials whom the school has

determined to have a legitimate educational or safety

interest to aid in the proper rehabilitation of the

child and to protect the safety of students and

employees in the school. If the designated law

enforcement and school officials deem it to be in the

best interest of the minor, the student may be

referred to in-school or community-based social

services if those services are available.

"Rehabilitation services" may include interventions by

school support personnel, evaluation for eligibility

for special education, referrals to community-based

agencies such as youth services, behavioral healthcare

service providers, drug and alcohol prevention or

treatment programs, and other interventions as deemed

appropriate for the student.

(B) Any information provided to appropriate school

officials whom the school has determined to have a

legitimate educational or safety interest by local law

enforcement officials about a minor who is the subject

of a current police investigation that is directly

related to school safety shall consist of oral

information only, and not written juvenile law

enforcement records, and shall be used solely by the

appropriate school official or officials to protect

the safety of students and employees in the school and

aid in the proper rehabilitation of the child. The

information derived orally from the local law

enforcement officials shall be kept separate from and

shall not become a part of the official school record

of the child and shall not be a public record. This

limitation on the use of information about a minor who

is the subject of a current police investigation shall

in no way limit the use of this information by

prosecutors in pursuing criminal charges arising out

of the information disclosed during a police

investigation of the minor. For purposes of this

paragraph, "investigation" means an official

systematic inquiry by a law enforcement agency into

actual or suspected criminal activity.

(9) Mental health professionals on behalf of the

Department of Corrections or the Department of Human

Services or prosecutors who are evaluating, prosecuting,

or investigating a potential or actual petition brought

under the Sexually Violent Persons Commitment Act relating

to a person who is the subject of juvenile law enforcement

records or the respondent to a petition brought under the

Sexually Violent Persons Commitment Act who is the subject

of the juvenile law enforcement records sought. Any

juvenile law enforcement records and any information

obtained from those juvenile law enforcement records under

this paragraph (9) may be used only in sexually violent

persons commitment proceedings.

(10) The president of a park district. Inspection and

copying shall be limited to juvenile law enforcement

records transmitted to the president of the park district

by the Illinois State Police under Section 8-23 of the

Park District Code or Section 16a-5 of the Chicago Park

District Act concerning a person who is seeking employment

with that park district and who has been adjudicated a

juvenile delinquent for any of the offenses listed in

subsection (c) of Section 8-23 of the Park District Code

or subsection (c) of Section 16a-5 of the Chicago Park

District Act.

(11) Persons managing and designated to participate in

a court diversion program as designated in subsection (6)

of Section 5-105.

(12) The Public Access Counselor of the Office of the

Attorney General, when reviewing juvenile law enforcement

records under its powers and duties under the Freedom of

Information Act.

(13) Collection agencies, contracted or otherwise

engaged by a governmental entity, to collect any debts due

and owing to the governmental entity.

(B)(1) Except as provided in paragraph (2), no law

enforcement officer or other person or agency may knowingly

transmit to the Department of Corrections, the Illinois State

Police, or the Federal Bureau of Investigation any fingerprint

or photograph relating to a minor who has been arrested or

taken into custody before the minor's 18th birthday, unless

the court in proceedings under this Act authorizes the

transmission or enters an order under Section 5-805 permitting

or requiring the institution of criminal proceedings.

(2) Law enforcement officers or other persons or agencies

shall transmit to the Illinois State Police copies of

fingerprints and descriptions of all minors who have been

arrested or taken into custody before their 18th birthday for

the offense of unlawful possession use of weapons under

Article 24 of the Criminal Code of 1961 or the Criminal Code of

2012, a Class X or Class 1 felony, a forcible felony as defined

in Section 2-8 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class 2 or greater felony under the Cannabis

Control Act, the Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act, or

Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5

of the Criminal Identification Act. Information reported to

the Department pursuant to this Section may be maintained with

records that the Department files pursuant to Section 2.1 of

the Criminal Identification Act. Nothing in this Act prohibits

a law enforcement agency from fingerprinting a minor taken

into custody or arrested before the minor's 18th birthday for

an offense other than those listed in this paragraph (2).

(C) The records of law enforcement officers, or of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, concerning all minors under 18

years of age must be maintained separate from the records of

arrests and may not be open to public inspection or their

contents disclosed to the public. For purposes of obtaining

documents under this Section, a civil subpoena is not an order

of the court.

(1) In cases where the law enforcement, or independent

agency, records concern a pending juvenile court case, the

party seeking to inspect the records shall provide actual

notice to the attorney or guardian ad litem of the minor

whose records are sought.

(2) In cases where the records concern a juvenile

court case that is no longer pending, the party seeking to

inspect the records shall provide actual notice to the

minor or the minor's parent or legal guardian, and the

matter shall be referred to the chief judge presiding over

matters pursuant to this Act.

(3) In determining whether the records should be

available for inspection, the court shall consider the

minor's interest in confidentiality and rehabilitation

over the moving party's interest in obtaining the

information. Any records obtained in violation of this

subsection (C) shall not be admissible in any criminal or

civil proceeding, or operate to disqualify a minor from

subsequently holding public office or securing employment,

or operate as a forfeiture of any public benefit, right,

privilege, or right to receive any license granted by

public authority.

(D) Nothing contained in subsection (C) of this Section

shall prohibit the inspection or disclosure to victims and

witnesses of photographs contained in the records of law

enforcement agencies when the inspection and disclosure is

conducted in the presence of a law enforcement officer for the

purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation

or prosecution of any crime.

(E) Law enforcement officers, and personnel of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, may not disclose the identity of

any minor in releasing information to the general public as to

the arrest, investigation or disposition of any case involving

a minor.

(F) Nothing contained in this Section shall prohibit law

enforcement agencies from communicating with each other by

letter, memorandum, teletype, or intelligence alert bulletin

or other means the identity or other relevant information

pertaining to a person under 18 years of age if there are

reasonable grounds to believe that the person poses a real and

present danger to the safety of the public or law enforcement

officers. The information provided under this subsection (F)

shall remain confidential and shall not be publicly disclosed,

except as otherwise allowed by law.

(G) Nothing in this Section shall prohibit the right of a

Civil Service Commission or appointing authority of any

federal government, state, county or municipality examining

the character and fitness of an applicant for employment with

a law enforcement agency, correctional institution, or fire

department from obtaining and examining the records of any law

enforcement agency relating to any record of the applicant

having been arrested or taken into custody before the

applicant's 18th birthday.

(G-5) Information identifying victims and alleged victims

of sex offenses shall not be disclosed or open to the public

under any circumstances. Nothing in this Section shall

prohibit the victim or alleged victim of any sex offense from

voluntarily disclosing this identity.

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

apply to law enforcement records of a minor who has been

arrested or taken into custody on or after January 1, 2014 (the

effective date of Public Act 98-61).

(H-5) Nothing in this Section shall require any court or

adjudicative proceeding for traffic, boating, fish and game

law, or municipal and county ordinance violations to be closed

to the public.

(I) Willful violation of this Section is a Class C

misdemeanor and each violation is subject to a fine of $1,000.

This subsection (I) shall not apply to the person who is the

subject of the record.

(J) A person convicted of violating this Section is liable

for damages in the amount of $1,000 or actual damages,

whichever is greater.

(Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23;

102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)

Section 20. The Criminal Code of 2012 is amended by

changing Sections 2-13, 8-2, 24-1, 24-1.1, 24-1.6, 24-1.7,

24-2.1, 24-3.6, and 36-1 as follows:

(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)

Sec. 2-13. "Peace officer". "Peace officer" means (i) any

person who by virtue of his office or public employment is

vested by law with a duty to maintain public order or to make

arrests for offenses, whether that duty extends to all

offenses or is limited to specific offenses, or (ii) any

person who, by statute, is granted and authorized to exercise

powers similar to those conferred upon any peace officer

employed by a law enforcement agency of this State.

For purposes of Sections concerning unlawful possession

use of weapons, for the purposes of assisting an Illinois

peace officer in an arrest, or when the commission of any

offense under Illinois law is directly observed by the person,

and statutes involving the false personation of a peace

officer, false personation of a peace officer while carrying a

deadly weapon, false personation of a peace officer in

attempting or committing a felony, and false personation of a

peace officer in attempting or committing a forcible felony,

then officers, agents, or employees of the federal government

commissioned by federal statute to make arrests for violations

of federal criminal laws shall be considered "peace officers"

under this Code, including, but not limited to, all criminal

investigators of:

(1) the United States Department of Justice, the

Federal Bureau of Investigation, and the Drug Enforcement

Administration and all United States Marshals or Deputy

United States Marshals whose duties involve the

enforcement of federal criminal laws;

(1.5) the United States Department of Homeland

Security, United States Citizenship and Immigration

Services, United States Coast Guard, United States Customs

and Border Protection, and United States Immigration and

Customs Enforcement;

(2) the United States Department of the Treasury, the

Alcohol and Tobacco Tax and Trade Bureau, and the United

States Secret Service;

(3) the United States Internal Revenue Service;

(4) the United States General Services Administration;

(5) the United States Postal Service;

(6) (blank); and

(7) the United States Department of Defense.

(Source: P.A. 102-558, eff. 8-20-21.)

(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)

Sec. 8-2. Conspiracy.

(a) Elements of the offense. A person commits the offense

of conspiracy when, with intent that an offense be committed,

he or she agrees with another to the commission of that

offense. No person may be convicted of conspiracy to commit an

offense unless an act in furtherance of that agreement is

alleged and proved to have been committed by him or her or by a

co-conspirator.

(b) Co-conspirators. It is not a defense to conspiracy

that the person or persons with whom the accused is alleged to

have conspired:

(1) have not been prosecuted or convicted,

(2) have been convicted of a different offense,

(3) are not amenable to justice,

(4) have been acquitted, or

(5) lacked the capacity to commit an offense.

(c) Sentence.

(1) Except as otherwise provided in this subsection or

Code, a person convicted of conspiracy to commit:

(A) a Class X felony shall be sentenced for a Class

1 felony;

(B) a Class 1 felony shall be sentenced for a Class

2 felony;

(C) a Class 2 felony shall be sentenced for a Class

3 felony;

(D) a Class 3 felony shall be sentenced for a Class

4 felony;

(E) a Class 4 felony shall be sentenced for a Class

4 felony; and

(F) a misdemeanor may be fined or imprisoned or

both not to exceed the maximum provided for the

offense that is the object of the conspiracy.

(2) A person convicted of conspiracy to commit any of

the following offenses shall be sentenced for a Class X

felony:

(A) aggravated insurance fraud conspiracy when the

person is an organizer of the conspiracy (720 ILCS

5/46-4); or

(B) aggravated governmental entity insurance fraud

conspiracy when the person is an organizer of the

conspiracy (720 ILCS 5/46-4).

(3) A person convicted of conspiracy to commit any of

the following offenses shall be sentenced for a Class 1

felony:

(A) first degree murder (720 ILCS 5/9-1); or

(B) aggravated insurance fraud (720 ILCS 5/46-3)

or aggravated governmental insurance fraud (720 ILCS

5/46-3).

(4) A person convicted of conspiracy to commit

insurance fraud (720 ILCS 5/46-3) or governmental entity

insurance fraud (720 ILCS 5/46-3) shall be sentenced for a

Class 2 felony.

(5) A person convicted of conspiracy to commit any of

the following offenses shall be sentenced for a Class 3

felony:

(A) soliciting for a prostitute (720 ILCS

5/11-14.3(a)(1));

(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or

5/11-14.3(a)(2)(B));

(C) keeping a place of prostitution (720 ILCS

5/11-14.3(a)(1));

(D) pimping (720 ILCS 5/11-14.3(a)(2)(C));

(E) unlawful possession use of weapons under

Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1));

(F) unlawful possession use of weapons under

Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7));

(G) gambling (720 ILCS 5/28-1);

(H) keeping a gambling place (720 ILCS 5/28-3);

(I) registration of federal gambling stamps

violation (720 ILCS 5/28-4);

(J) look-alike substances violation (720 ILCS

570/404);

(K) miscellaneous controlled substance violation

under Section 406(b) (720 ILCS 570/406(b)); or

(L) an inchoate offense related to any of the

principal offenses set forth in this item (5).

(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful possession use of weapons.

(a) A person commits the offense of unlawful possession

use of weapons when he knowingly:

(1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black-jack, slung-shot, sand-club,

sand-bag, metal knuckles or other knuckle weapon

regardless of its composition, throwing star, or any

knife, commonly referred to as a switchblade knife, which

has a blade that opens automatically by hand pressure

applied to a button, spring or other device in the handle

of the knife, or a ballistic knife, which is a device that

propels a knifelike blade as a projectile by means of a

coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same

unlawfully against another, a dagger, dirk, billy,

dangerous knife, razor, stiletto, broken bottle or other

piece of glass, stun gun or taser or any other dangerous or

deadly weapon or instrument of like character; or

(2.5) Carries or possesses with intent to use the same

unlawfully against another, any firearm in a church,

synagogue, mosque, or other building, structure, or place

used for religious worship; or

(3) Carries on or about his person or in any vehicle, a

tear gas gun projector or bomb or any object containing

noxious liquid gas or substance, other than an object

containing a non-lethal noxious liquid gas or substance

designed solely for personal defense carried by a person

18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his

own abode, legal dwelling, or fixed place of business, or

on the land or in the legal dwelling of another person as

an invitee with that person's permission, any pistol,

revolver, stun gun or taser or other firearm, except that

this subsection (a)(4) does not apply to or affect

transportation of weapons that meet one of the following

conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a

person who has been issued a currently valid Firearm

Owner's Identification Card; or

(iv) are carried or possessed in accordance with

the Firearm Concealed Carry Act by a person who has

been issued a currently valid license under the

Firearm Concealed Carry Act; or

(5) Sets a spring gun; or

(6) Possesses any device or attachment of any kind

designed, used or intended for use in silencing the report

of any firearm; or

(7) Sells, manufactures, purchases, possesses or

carries:

(i) a machine gun, which shall be defined for the

purposes of this subsection as any weapon, which

shoots, is designed to shoot, or can be readily

restored to shoot, automatically more than one shot

without manually reloading by a single function of the

trigger, including the frame or receiver of any such

weapon, or sells, manufactures, purchases, possesses,

or carries any combination of parts designed or

intended for use in converting any weapon into a

machine gun, or any combination or parts from which a

machine gun can be assembled if such parts are in the

possession or under the control of a person;

(ii) any rifle having one or more barrels less

than 16 inches in length or a shotgun having one or

more barrels less than 18 inches in length or any

weapon made from a rifle or shotgun, whether by

alteration, modification, or otherwise, if such a

weapon as modified has an overall length of less than

26 inches; or

(iii) any bomb, bomb-shell, grenade, bottle or

other container containing an explosive substance of

over one-quarter ounce for like purposes, such as, but

not limited to, black powder bombs and Molotov

cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or

taser or other deadly weapon in any place which is

licensed to sell intoxicating beverages, or at any public

gathering held pursuant to a license issued by any

governmental body or any public gathering at which an

admission is charged, excluding a place where a showing,

demonstration or lecture involving the exhibition of

unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction

or raffle of a firearm held pursuant to a license or permit

issued by a governmental body, nor does it apply to

persons engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about

his or her person any pistol, revolver, stun gun or taser

or firearm or ballistic knife, when he or she is hooded,

robed or masked in such manner as to conceal his or her

identity; or

(10) Carries or possesses on or about his or her

person, upon any public street, alley, or other public

lands within the corporate limits of a city, village, or

incorporated town, except when an invitee thereon or

therein, for the purpose of the display of such weapon or

the lawful commerce in weapons, or except when on his land

or in his or her own abode, legal dwelling, or fixed place

of business, or on the land or in the legal dwelling of

another person as an invitee with that person's

permission, any pistol, revolver, stun gun, or taser or

other firearm, except that this subsection (a)(10) does

not apply to or affect transportation of weapons that meet

one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a

person who has been issued a currently valid Firearm

Owner's Identification Card; or

(iv) are carried or possessed in accordance with

the Firearm Concealed Carry Act by a person who has

been issued a currently valid license under the

Firearm Concealed Carry Act.

A "stun gun or taser", as used in this paragraph (a)

means (i) any device which is powered by electrical

charging units, such as, batteries, and which fires one or

several barbs attached to a length of wire and which, upon

hitting a human, can send out a current capable of

disrupting the person's nervous system in such a manner as

to render him incapable of normal functioning or (ii) any

device which is powered by electrical charging units, such

as batteries, and which, upon contact with a human or

clothing worn by a human, can send out current capable of

disrupting the person's nervous system in such a manner as

to render him incapable of normal functioning; or

(11) Sells, manufactures, delivers, imports,

possesses, or purchases any assault weapon attachment or

.50 caliber cartridge in violation of Section 24-1.9 or

any explosive bullet. For purposes of this paragraph (a)

"explosive bullet" means the projectile portion of an

ammunition cartridge which contains or carries an

explosive charge which will explode upon contact with the

flesh of a human or an animal. "Cartridge" means a tubular

metal case having a projectile affixed at the front

thereof and a cap or primer at the rear end thereof, with

the propellant contained in such tube between the

projectile and the cap; or

(12) (Blank); or

(13) Carries or possesses on or about his or her

person while in a building occupied by a unit of

government, a billy club, other weapon of like character,

or other instrument of like character intended for use as

a weapon. For the purposes of this Section, "billy club"

means a short stick or club commonly carried by police

officers which is either telescopic or constructed of a

solid piece of wood or other man-made material; or

(14) Manufactures, possesses, sells, or offers to

sell, purchase, manufacture, import, transfer, or use any

device, part, kit, tool, accessory, or combination of

parts that is designed to and functions to increase the

rate of fire of a semiautomatic firearm above the standard

rate of fire for semiautomatic firearms that is not

equipped with that device, part, or combination of parts;

or

(15) Carries or possesses any assault weapon or .50

caliber rifle in violation of Section 24-1.9; or

(16) Manufactures, sells, delivers, imports, or

purchases any assault weapon or .50 caliber rifle in

violation of Section 24-1.9.

(b) Sentence. A person convicted of a violation of

subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

commits a Class A misdemeanor. A person convicted of a

violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

Class 4 felony; a person convicted of a violation of

subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

24-1(a)(16) commits a Class 3 felony. A person convicted of a

violation of subsection 24-1(a)(7)(i) commits a Class 2 felony

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

than 3 years and not more than 7 years, unless the weapon is

possessed in the passenger compartment of a motor vehicle as

defined in Section 1-146 of the Illinois Vehicle Code, or on

the person, while the weapon is loaded, in which case it shall

be a Class X felony. A person convicted of a second or

subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3

felony. A person convicted of a violation of subsection

24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The

possession of each weapon or device in violation of this

Section constitutes a single and separate violation.

(c) Violations in specific places.

(1) A person who violates subsection 24-1(a)(6) or

24-1(a)(7) in any school, regardless of the time of day or

the time of year, in residential property owned, operated

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

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

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

real property comprising any school, regardless of the

time of day or the time of year, on residential property

owned, operated or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development, on the real property

comprising any public park, on the real property

comprising any courthouse, in any conveyance owned, leased

or contracted by a school to transport students to or from

school or a school related activity, in any conveyance

owned, leased, or contracted by a public transportation

agency, or on any public way within 1,000 feet of the real

property comprising any school, public park, courthouse,

public transportation facility, or residential property

owned, operated, or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development commits a Class 2 felony

and shall be sentenced to a term of imprisonment of not

less than 3 years and not more than 7 years.

(1.5) A person who violates subsection 24-1(a)(4),

24-1(a)(9), or 24-1(a)(10) in any school, regardless of

the time of day or the time of year, in residential

property owned, operated, or managed by a public housing

agency or leased by a public housing agency as part of a

scattered site or mixed-income development, in a public

park, in a courthouse, on the real property comprising any

school, regardless of the time of day or the time of year,

on residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

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

on the real property comprising any public park, on the

real property comprising any courthouse, in any conveyance

owned, leased, or contracted by a school to transport

students to or from school or a school related activity,

in any conveyance owned, leased, or contracted by a public

transportation agency, or on any public way within 1,000

feet of the real property comprising any school, public

park, courthouse, public transportation facility, or

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development

commits a Class 3 felony.

(2) A person who violates subsection 24-1(a)(1),

24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

time of day or the time of year, in residential property

owned, operated or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development, in a public park, in a

courthouse, on the real property comprising any school,

regardless of the time of day or the time of year, on

residential property owned, operated or managed by a

public housing agency or leased by a public housing agency

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

on the real property comprising any public park, on the

real property comprising any courthouse, in any conveyance

owned, leased or contracted by a school to transport

students to or from school or a school related activity,

in any conveyance owned, leased, or contracted by a public

transportation agency, or on any public way within 1,000

feet of the real property comprising any school, public

park, courthouse, public transportation facility, or

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development

commits a Class 4 felony. "Courthouse" means any building

that is used by the Circuit, Appellate, or Supreme Court

of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this subsection

(c) shall not apply to law enforcement officers or

security officers of such school, college, or university

or to students carrying or possessing firearms for use in

training courses, parades, hunting, target shooting on

school ranges, or otherwise with the consent of school

authorities and which firearms are transported unloaded

enclosed in a suitable case, box, or transportation

package.

(4) For the purposes of this subsection (c), "school"

means any public or private elementary or secondary

school, community college, college, or university.

(5) For the purposes of this subsection (c), "public

transportation agency" means a public or private agency

that provides for the transportation or conveyance of

persons by means available to the general public, except

for transportation by automobiles not used for conveyance

of the general public as passengers; and "public

transportation facility" means a terminal or other place

where one may obtain public transportation.

(d) The presence in an automobile other than a public

omnibus of any weapon, instrument or substance referred to in

subsection (a)(7) is prima facie evidence that it is in the

possession of, and is being carried by, all persons occupying

such automobile at the time such weapon, instrument or

substance is found, except under the following circumstances:

(i) if such weapon, instrument or instrumentality is found

upon the person of one of the occupants therein; or (ii) if

such weapon, instrument or substance is found in an automobile

operated for hire by a duly licensed driver in the due, lawful

and proper pursuit of his or her trade, then such presumption

shall not apply to the driver.

(e) Exemptions.

(1) Crossbows, Common or Compound bows and Underwater

Spearguns are exempted from the definition of ballistic

knife as defined in paragraph (1) of subsection (a) of

this Section.

(2) The provision of paragraph (1) of subsection (a)

of this Section prohibiting the sale, manufacture,

purchase, possession, or carrying of any knife, commonly

referred to as a switchblade knife, which has a blade that

opens automatically by hand pressure applied to a button,

spring or other device in the handle of the knife, does not

apply to a person who possesses a currently valid Firearm

Owner's Identification Card previously issued in his or

her name by the Illinois State Police or to a person or an

entity engaged in the business of selling or manufacturing

switchblade knives.

(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;

102-1116, eff. 1-10-23.)

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

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

felons or persons in the custody of the Department of

Corrections facilities.

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

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

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

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

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

any other jurisdiction. This Section shall not apply if the

person has been granted relief by the Director of the Illinois

State Police under Section 10 of the Firearm Owners

Identification Card Act.

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

institution, which is a facility of the Illinois Department of

Corrections, to possess any weapon prohibited under Section

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

regardless of the intent with which he possesses it.

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

subsection (b), that such possession was specifically

authorized by rule, regulation, or directive of the Illinois

Department of Corrections or order issued pursuant thereto.

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

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

Section.

(e) Sentence. Violation of this Section by a person not

confined in a penal institution shall be a Class 3 felony for

which the person shall be sentenced to no less than 2 years and

no more than 10 years. A second or subsequent violation of this

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

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

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

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

this Section by a person not confined in a penal institution

who has been convicted of a forcible felony, a felony

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

Identification Card Act, stalking or aggravated stalking, or a

Class 2 or greater felony under the Illinois Controlled

Substances Act, the Cannabis Control Act, or the

Methamphetamine Control and Community Protection Act is a

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

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

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

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

parole or mandatory supervised release is a Class 2 felony for

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

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

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

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

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

Any person who violates this Section while confined in a penal

institution, which is a facility of the Illinois Department of

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

weapon prohibited under Section 24-1 of this Code regardless

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

he possesses any firearm, firearm ammunition or explosive, and

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

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

firearm possessed is a machine gun. A violation of this

Section while wearing or in possession of body armor as

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

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

than 40 years. The possession of each firearm or firearm

ammunition in violation of this Section constitutes a single

and separate violation.

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

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful possession use of a

weapon.

(a) A person commits the offense of aggravated unlawful

possession use of a weapon when he or she knowingly:

(1) Carries on or about his or her person or in any

vehicle or concealed on or about his or her person except

when on his or her land or in his or her abode, legal

dwelling, or fixed place of business, or on the land or in

the legal dwelling of another person as an invitee with

that person's permission, any pistol, revolver, stun gun

or taser or other firearm; or

(2) Carries or possesses on or about his or her

person, upon any public street, alley, or other public

lands within the corporate limits of a city, village or

incorporated town, except when an invitee thereon or

therein, for the purpose of the display of such weapon or

the lawful commerce in weapons, or except when on his or

her own land or in his or her own abode, legal dwelling, or

fixed place of business, or on the land or in the legal

dwelling of another person as an invitee with that

person's permission, any pistol, revolver, stun gun or

taser or other firearm; and

(3) One of the following factors is present:

(A) the firearm, other than a pistol, revolver, or

handgun, possessed was uncased, loaded, and

immediately accessible at the time of the offense; or

(A-5) the pistol, revolver, or handgun possessed

was uncased, loaded, and immediately accessible at the

time of the offense and the person possessing the

pistol, revolver, or handgun has not been issued a

currently valid license under the Firearm Concealed

Carry Act; or

(B) the firearm, other than a pistol, revolver, or

handgun, possessed was uncased, unloaded, and the

ammunition for the weapon was immediately accessible

at the time of the offense; or

(B-5) the pistol, revolver, or handgun possessed

was uncased, unloaded, and the ammunition for the

weapon was immediately accessible at the time of the

offense and the person possessing the pistol,

revolver, or handgun has not been issued a currently

valid license under the Firearm Concealed Carry Act;

or

(C) the person possessing the firearm has not been

issued a currently valid Firearm Owner's

Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the

Juvenile Court Act of 1987 for an act that if committed

by an adult would be a felony; or

(E) the person possessing the weapon was engaged

in a misdemeanor violation of the Cannabis Control

Act, in a misdemeanor violation of the Illinois

Controlled Substances Act, or in a misdemeanor

violation of the Methamphetamine Control and Community

Protection Act; or

(F) (blank); or

(G) the person possessing the weapon had an order

of protection issued against him or her within the

previous 2 years; or

(H) the person possessing the weapon was engaged

in the commission or attempted commission of a

misdemeanor involving the use or threat of violence

against the person or property of another; or

(I) the person possessing the weapon was under 21

years of age and in possession of a handgun, unless the

person under 21 is engaged in lawful activities under

the Wildlife Code or described in subsection

24-2(b)(1), (b)(3), or 24-2(f).

(a-5) "Handgun" as used in this Section has the meaning

given to it in Section 5 of the Firearm Concealed Carry Act.

(b) "Stun gun or taser" as used in this Section has the

same definition given to it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the

transportation or possession of weapons that:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a person

who has been issued a currently valid Firearm Owner's

Identification Card.

(d) Sentence.

(1) Aggravated unlawful possession use of a weapon is

a Class 4 felony; a second or subsequent offense is a Class

2 felony for which the person shall be sentenced to a term

of imprisonment of not less than 3 years and not more than

7 years, except as provided for in Section 5-4.5-110 of

the Unified Code of Corrections.

(2) Except as otherwise provided in paragraphs (3) and

(4) of this subsection (d), a first offense of aggravated

unlawful possession use of a weapon committed with a

firearm by a person 18 years of age or older where the

factors listed in both items (A) and (C) or both items

(A-5) and (C) of paragraph (3) of subsection (a) are

present is a Class 4 felony, for which the person shall be

sentenced to a term of imprisonment of not less than one

year and not more than 3 years.

(3) Aggravated unlawful possession use of a weapon by

a person who has been previously convicted of a felony in

this State or another jurisdiction is a Class 2 felony for

which the person shall be sentenced to a term of

imprisonment of not less than 3 years and not more than 7

years, except as provided for in Section 5-4.5-110 of the

Unified Code of Corrections.

(4) Aggravated unlawful possession use of a weapon

while wearing or in possession of body armor as defined in

Section 33F-1 by a person who has not been issued a valid

Firearms Owner's Identification Card in accordance with

Section 5 of the Firearm Owners Identification Card Act is

a Class X felony.

(e) The possession of each firearm in violation of this

Section constitutes a single and separate violation.

(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

(720 ILCS 5/24-1.7)

Sec. 24-1.7. Unlawful possession of a firearm by a repeat

felony offender Armed habitual criminal.

(a) A person commits the offense of unlawful possession of

a firearm by a repeat felony offender being an armed habitual

criminal if he or she receives, sells, possesses, or transfers

any firearm after having been convicted a total of 2 or more

times of any combination of the following offenses:

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

this Code;

(2) unlawful possession use of a weapon by a felon;

aggravated unlawful possession use of a weapon; aggravated

discharge of a firearm; vehicular hijacking; aggravated

vehicular hijacking; aggravated battery of a child as

described in Section 12-4.3 or subdivision (b)(1) of

Section 12-3.05; intimidation; aggravated intimidation;

gunrunning; home invasion; or aggravated battery with a

firearm as described in Section 12-4.2 or subdivision

(e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or

(3) any violation of the Illinois Controlled

Substances Act or the Cannabis Control Act that is

punishable as a Class 3 felony or higher.

(b) Sentence. Unlawful possession of a firearm by a repeat

felony offender Being an armed habitual criminal is a Class X

felony.

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

(720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)

Sec. 24-2.1. Unlawful possession use of firearm

projectiles.

(a) A person commits the offense of unlawful possession

use of firearm projectiles when he or she knowingly

manufactures, sells, purchases, possesses, or carries any

armor piercing bullet, dragon's breath shotgun shell, bolo

shell, or flechette shell.

For the purposes of this Section:

"Armor piercing bullet" means any handgun bullet or

handgun ammunition with projectiles or projectile cores

constructed entirely (excluding the presence of traces of

other substances) from tungsten alloys, steel, iron, brass,

bronze, beryllium copper or depleted uranium, or fully

jacketed bullets larger than 22 caliber designed and intended

for use in a handgun and whose jacket has a weight of more than

25% of the total weight of the projectile, and excluding those

handgun projectiles whose cores are composed of soft materials

such as lead or lead alloys, zinc or zinc alloys, frangible

projectiles designed primarily for sporting purposes, and any

other projectiles or projectile cores that the U. S. Secretary

of the Treasury finds to be primarily intended to be used for

sporting purposes or industrial purposes or that otherwise

does not constitute "armor piercing ammunition" as that term

is defined by federal law.

The definition contained herein shall not be construed to

include shotgun shells.

"Dragon's breath shotgun shell" means any shotgun shell

that contains exothermic pyrophoric mesh metal as the

projectile and is designed for the purpose of throwing or

spewing a flame or fireball to simulate a flame-thrower.

"Bolo shell" means any shell that can be fired in a firearm

and expels as projectiles 2 or more metal balls connected by

solid metal wire.

"Flechette shell" means any shell that can be fired in a

firearm and expels 2 or more pieces of fin-stabilized solid

metal wire or 2 or more solid dart-type projectiles.

(b) Exemptions. This Section does not apply to or affect

any of the following:

(1) Peace officers.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard while in

the performance of their official duties.

(4) Federal officials required to carry firearms,

while engaged in the performance of their official duties.

(5) United States Marshals, while engaged in the

performance of their official duties.

(6) Persons licensed under federal law to manufacture,

import, or sell firearms and firearm ammunition, and

actually engaged in any such business, but only with

respect to activities which are within the lawful scope of

such business, such as the manufacture, transportation, or

testing of such bullets or ammunition.

This exemption does not authorize the general private

possession of any armor piercing bullet, dragon's breath

shotgun shell, bolo shell, or flechette shell, but only

such possession and activities which are within the lawful

scope of a licensed business described in this paragraph.

(7) Laboratories having a department of forensic

ballistics or specializing in the development of

ammunition or explosive ordnance.

(8) Manufacture, transportation, or sale of armor

piercing bullets, dragon's breath shotgun shells, bolo

shells, or flechette shells to persons specifically

authorized under paragraphs (1) through (7) of this

subsection to possess such bullets or shells.

(c) An information or indictment based upon a violation of

this Section need not negate any exemption herein contained.

The defendant shall have the burden of proving such an

exemption.

(d) Sentence. A person convicted of unlawful possession

use of armor piercing bullets shall be guilty of a Class 3

felony.

(Source: P.A. 92-423, eff. 1-1-02.)

(720 ILCS 5/24-3.6)

Sec. 24-3.6. Unlawful possession use of a firearm in the

shape of a wireless telephone.

(a) For the purposes of this Section, "wireless telephone"

means a device that is capable of transmitting or receiving

telephonic communications without a wire connecting the device

to the telephone network.

(b) A person commits the offense of unlawful possession

use of a firearm in the shape of a wireless telephone when he

or she manufactures, sells, transfers, purchases, possesses,

or carries a firearm shaped or designed to appear as a wireless

telephone.

(c) This Section does not apply to or affect the sale to or

possession of a firearm in the shape of a wireless telephone by

a peace officer.

(d) Sentence. Unlawful possession use of a firearm in the

shape of a wireless telephone is a Class 4 felony.

(Source: P.A. 92-155, eff. 1-1-02.)

(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

Sec. 36-1. Property subject to forfeiture.

(a) Any vessel or watercraft, vehicle, or aircraft is

subject to forfeiture under this Article if the vessel or

watercraft, vehicle, or aircraft is used with the knowledge

and consent of the owner in the commission of or in the attempt

to commit as defined in Section 8-4 of this Code:

(1) an offense prohibited by Section 9-1 (first degree

murder), Section 9-3 (involuntary manslaughter and

reckless homicide), Section 10-2 (aggravated kidnaping),

Section 11-1.20 (criminal sexual assault), Section 11-1.30

(aggravated criminal sexual assault), Section 11-1.40

(predatory criminal sexual assault of a child), subsection

(a) of Section 11-1.50 (criminal sexual abuse), subsection

(a), (c), or (d) of Section 11-1.60 (aggravated criminal

sexual abuse), Section 11-6 (indecent solicitation of a

child), Section 11-14.4 (promoting juvenile prostitution

except for keeping a place of juvenile prostitution),

Section 11-20.1 (child pornography), paragraph (a)(1),

(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),

(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05

(aggravated battery), Section 12-7.3 (stalking), Section

12-7.4 (aggravated stalking), Section 16-1 (theft if the

theft is of precious metal or of scrap metal), subdivision

(f)(2) or (f)(3) of Section 16-25 (retail theft), Section

18-2 (armed robbery), Section 19-1 (burglary), Section

19-2 (possession of burglary tools), Section 19-3

(residential burglary), Section 20-1 (arson; residential

arson; place of worship arson), Section 20-2 (possession

of explosives or explosive or incendiary devices),

subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful

possession use of weapons), Section 24-1.2 (aggravated

discharge of a firearm), Section 24-1.2-5 (aggravated

discharge of a machine gun or a firearm equipped with a

device designed or used for silencing the report of a

firearm), Section 24-1.5 (reckless discharge of a

firearm), Section 28-1 (gambling), or Section 29D-15.2

(possession of a deadly substance) of this Code;

(2) an offense prohibited by Section 21, 22, 23, 24 or

26 of the Cigarette Tax Act if the vessel or watercraft,

vehicle, or aircraft contains more than 10 cartons of such

cigarettes;

(3) an offense prohibited by Section 28, 29, or 30 of

the Cigarette Use Tax Act if the vessel or watercraft,

vehicle, or aircraft contains more than 10 cartons of such

cigarettes;

(4) an offense prohibited by Section 44 of the

Environmental Protection Act;

(5) an offense prohibited by Section 11-204.1 of the

Illinois Vehicle Code (aggravated fleeing or attempting to

elude a peace officer);

(6) an offense prohibited by Section 11-501 of the

Illinois Vehicle Code (driving while under the influence

of alcohol or other drug or drugs, intoxicating compound

or compounds or any combination thereof) or a similar

provision of a local ordinance, and:

(A) during a period in which his or her driving

privileges are revoked or suspended if the revocation

or suspension was for:

(i) Section 11-501 (driving under the

influence of alcohol or other drug or drugs,

intoxicating compound or compounds or any

combination thereof),

(ii) Section 11-501.1 (statutory summary

suspension or revocation),

(iii) paragraph (b) of Section 11-401 (motor

vehicle crashes involving death or personal

injuries), or

(iv) reckless homicide as defined in Section

9-3 of this Code;

(B) has been previously convicted of reckless

homicide or a similar provision of a law of another

state relating to reckless homicide in which the

person was determined to have been under the influence

of alcohol, other drug or drugs, or intoxicating

compound or compounds as an element of the offense or

the person has previously been convicted of committing

a violation of driving under the influence of alcohol

or other drug or drugs, intoxicating compound or

compounds or any combination thereof and was involved

in a motor vehicle crash that resulted in death, great

bodily harm, or permanent disability or disfigurement

to another, when the violation was a proximate cause

of the death or injuries;

(C) the person committed a violation of driving

under the influence of alcohol or other drug or drugs,

intoxicating compound or compounds or any combination

thereof under Section 11-501 of the Illinois Vehicle

Code or a similar provision for the third or

subsequent time;

(D) he or she did not possess a valid driver's

license or permit or a valid restricted driving permit

or a valid judicial driving permit or a valid

monitoring device driving permit; or

(E) he or she knew or should have known that the

vehicle he or she was driving was not covered by a

liability insurance policy;

(7) an offense described in subsection (g) of Section

6-303 of the Illinois Vehicle Code;

(8) an offense described in subsection (e) of Section

6-101 of the Illinois Vehicle Code; or

(9)(A) operating a watercraft under the influence of

alcohol, other drug or drugs, intoxicating compound or

compounds, or combination thereof under Section 5-16 of

the Boat Registration and Safety Act during a period in

which his or her privileges to operate a watercraft are

revoked or suspended and the revocation or suspension was

for operating a watercraft under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds,

or combination thereof; (B) operating a watercraft under

the influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or combination thereof

and has been previously convicted of reckless homicide or

a similar provision of a law in another state relating to

reckless homicide in which the person was determined to

have been under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds, or combination

thereof as an element of the offense or the person has

previously been convicted of committing a violation of

operating a watercraft under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds,

or combination thereof and was involved in an accident

that resulted in death, great bodily harm, or permanent

disability or disfigurement to another, when the violation

was a proximate cause of the death or injuries; or (C) the

person committed a violation of operating a watercraft

under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or combination thereof

under Section 5-16 of the Boat Registration and Safety Act

or a similar provision for the third or subsequent time.

(b) In addition, any mobile or portable equipment used in

the commission of an act which is in violation of Section 7g of

the Metropolitan Water Reclamation District Act shall be

subject to seizure and forfeiture under the same procedures

provided in this Article for the seizure and forfeiture of

vessels or watercraft, vehicles, and aircraft, and any such

equipment shall be deemed a vessel or watercraft, vehicle, or

aircraft for purposes of this Article.

(c) In addition, when a person discharges a firearm at

another individual from a vehicle with the knowledge and

consent of the owner of the vehicle and with the intent to

cause death or great bodily harm to that individual and as a

result causes death or great bodily harm to that individual,

the vehicle shall be subject to seizure and forfeiture under

the same procedures provided in this Article for the seizure

and forfeiture of vehicles used in violations of clauses (1),

(2), (3), or (4) of subsection (a) of this Section.

(d) If the spouse of the owner of a vehicle seized for an

offense described in subsection (g) of Section 6-303 of the

Illinois Vehicle Code, a violation of subdivision (d)(1)(A),

(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

11-501 of the Illinois Vehicle Code, or Section 9-3 of this

Code makes a showing that the seized vehicle is the only source

of transportation and it is determined that the financial

hardship to the family as a result of the seizure outweighs the

benefit to the State from the seizure, the vehicle may be

forfeited to the spouse or family member and the title to the

vehicle shall be transferred to the spouse or family member

who is properly licensed and who requires the use of the

vehicle for employment or family transportation purposes. A

written declaration of forfeiture of a vehicle under this

Section shall be sufficient cause for the title to be

transferred to the spouse or family member. The provisions of

this paragraph shall apply only to one forfeiture per vehicle.

If the vehicle is the subject of a subsequent forfeiture

proceeding by virtue of a subsequent conviction of either

spouse or the family member, the spouse or family member to

whom the vehicle was forfeited under the first forfeiture

proceeding may not utilize the provisions of this paragraph in

another forfeiture proceeding. If the owner of the vehicle

seized owns more than one vehicle, the procedure set out in

this paragraph may be used for only one vehicle.

(e) In addition, property subject to forfeiture under

Section 40 of the Illinois Streetgang Terrorism Omnibus

Prevention Act may be seized and forfeited under this Article.

(Source: P.A. 102-982, eff. 7-1-23.)

Section 25. The Code of Criminal Procedure of 1963 is

amended by changing Section 110-6.1 as follows:

(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)

Sec. 110-6.1. Denial of pretrial release.

(a) Upon verified petition by the State, the court shall

hold a hearing and may deny a defendant pretrial release only

if:

(1) the defendant is charged with a felony offense

other than a forcible felony for which, based on the

charge or the defendant's criminal history, a sentence of

imprisonment, without probation, periodic imprisonment or

conditional discharge, is required by law upon conviction,

and it is alleged that the defendant's pretrial release

poses a real and present threat to the safety of any person

or persons or the community, based on the specific

articulable facts of the case;

(1.5) the defendant's pretrial release poses a real

and present threat to the safety of any person or persons

or the community, based on the specific articulable facts

of the case, and the defendant is charged with a forcible

felony, which as used in this Section, means treason,

first degree murder, second degree murder, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, armed robbery,

aggravated robbery, robbery, burglary where there is use

of force against another person, residential burglary,

home invasion, vehicular invasion, aggravated arson,

arson, aggravated kidnaping, kidnaping, aggravated battery

resulting in great bodily harm or permanent disability or

disfigurement or any other felony which involves the

threat of or infliction of great bodily harm or permanent

disability or disfigurement;

(2) the defendant is charged with stalking or

aggravated stalking, and it is alleged that the

defendant's pre-trial release poses a real and present

threat to the safety of a victim of the alleged offense,

and denial of release is necessary to prevent fulfillment

of the threat upon which the charge is based;

(3) the defendant is charged with a violation of an

order of protection issued under Section 112A-14 of this

Code or Section 214 of the Illinois Domestic Violence Act

of 1986, a stalking no contact order under Section 80 of

the Stalking No Contact Order Act, or of a civil no contact

order under Section 213 of the Civil No Contact Order Act,

and it is alleged that the defendant's pretrial release

poses a real and present threat to the safety of any person

or persons or the community, based on the specific

articulable facts of the case;

(4) the defendant is charged with domestic battery or

aggravated domestic battery under Section 12-3.2 or 12-3.3

of the Criminal Code of 2012 and it is alleged that the

defendant's pretrial release poses a real and present

threat to the safety of any person or persons or the

community, based on the specific articulable facts of the

case;

(5) the defendant is charged with any offense under

Article 11 of the Criminal Code of 2012, except for

Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,

11-40, and 11-45 of the Criminal Code of 2012, or similar

provisions of the Criminal Code of 1961 and it is alleged

that the defendant's pretrial release poses a real and

present threat to the safety of any person or persons or

the community, based on the specific articulable facts of

the case;

(6) the defendant is charged with any of the following

offenses under the Criminal Code of 2012, and it is

alleged that the defendant's pretrial release poses a real

and present threat to the safety of any person or persons

or the community, based on the specific articulable facts

of the case:

(A) Section 24-1.2 (aggravated discharge of a

firearm);

(B) Section 24-2.5 (aggravated discharge of a

machine gun or a firearm equipped with a device

designed or use for silencing the report of a

firearm);

(C) Section 24-1.5 (reckless discharge of a

firearm);

(D) Section 24-1.7 (unlawful possession of a

firearm by a repeat felony offender armed habitual

criminal);

(E) Section 24-2.2 (manufacture, sale or transfer

of bullets or shells represented to be armor piercing

bullets, dragon's breath shotgun shells, bolo shells,

or flechette shells);

(F) Section 24-3 (unlawful sale or delivery of

firearms);

(G) Section 24-3.3 (unlawful sale or delivery of

firearms on the premises of any school);

(H) Section 24-34 (unlawful sale of firearms by

liquor license);

(I) Section 24-3.5 (unlawful purchase of a

firearm);

(J) Section 24-3A (gunrunning);

(K) Section 24-3B (firearms trafficking);

(L) Section 10-9 (b) (involuntary servitude);

(M) Section 10-9 (c) (involuntary sexual servitude

of a minor);

(N) Section 10-9(d) (trafficking in persons);

(O) Non-probationable violations: (i) unlawful use

or possession of weapons by felons or persons in the

Custody of the Department of Corrections facilities

(Section 24-1.1), (ii) aggravated unlawful possession

use of a weapon (Section 24-1.6), or (iii) aggravated

possession of a stolen firearm (Section 24-3.9);

(P) Section 9-3 (reckless homicide and involuntary

manslaughter);

(Q) Section 19-3 (residential burglary);

(R) Section 10-5 (child abduction);

(S) Felony violations of Section 12C-5 (child

endangerment);

(T) Section 12-7.1 (hate crime);

(U) Section 10-3.1 (aggravated unlawful

restraint);

(V) Section 12-9 (threatening a public official);

(W) Subdivision (f)(1) of Section 12-3.05

(aggravated battery with a deadly weapon other than by

discharge of a firearm);

(6.5) the defendant is charged with any of the

following offenses, and it is alleged that the defendant's

pretrial release poses a real and present threat to the

safety of any person or persons or the community, based on

the specific articulable facts of the case:

(A) Felony violations of Sections 3.01, 3.02, or

3.03 of the Humane Care for Animals Act (cruel

treatment, aggravated cruelty, and animal torture);

(B) Subdivision (d)(1)(B) of Section 11-501 of the

Illinois Vehicle Code (aggravated driving under the

influence while operating a school bus with

passengers);

(C) Subdivision (d)(1)(C) of Section 11-501 of the

Illinois Vehicle Code (aggravated driving under the

influence causing great bodily harm);

(D) Subdivision (d)(1)(D) of Section 11-501 of the

Illinois Vehicle Code (aggravated driving under the

influence after a previous reckless homicide

conviction);

(E) Subdivision (d)(1)(F) of Section 11-501 of the

Illinois Vehicle Code (aggravated driving under the

influence leading to death); or

(F) Subdivision (d)(1)(J) of Section 11-501 of the

Illinois Vehicle Code (aggravated driving under the

influence that resulted in bodily harm to a child

under the age of 16);

(7) the defendant is charged with an attempt to commit

any charge listed in paragraphs (1) through (6.5), and it

is alleged that the defendant's pretrial release poses a

real and present threat to the safety of any person or

persons or the community, based on the specific

articulable facts of the case; or

(8) the person has a high likelihood of willful flight

to avoid prosecution and is charged with:

(A) Any felony described in subdivisions (a)(1)

through (a)(7) of this Section; or

(B) A felony offense other than a Class 4 offense.

(b) If the charged offense is a felony, as part of the

detention hearing, the court shall determine whether there is

probable cause the defendant has committed an offense, unless

a hearing pursuant to Section 109-3 of this Code has already

been held or a grand jury has returned a true bill of

indictment against the defendant. If there is a finding of no

probable cause, the defendant shall be released. No such

finding is necessary if the defendant is charged with a

misdemeanor.

(c) Timing of petition.

(1) A petition may be filed without prior notice to

the defendant at the first appearance before a judge, or

within the 21 calendar days, except as provided in Section

110-6, after arrest and release of the defendant upon

reasonable notice to defendant; provided that while such

petition is pending before the court, the defendant if

previously released shall not be detained.

(2) Upon filing, the court shall immediately hold a

hearing on the petition unless a continuance is requested.

If a continuance is requested and granted, the hearing

shall be held within 48 hours of the defendant's first

appearance if the defendant is charged with first degree

murder or a Class X, Class 1, Class 2, or Class 3 felony,

and within 24 hours if the defendant is charged with a

Class 4 or misdemeanor offense. The Court may deny or

grant the request for continuance. If the court decides to

grant the continuance, the Court retains the discretion to

detain or release the defendant in the time between the

filing of the petition and the hearing.

(d) Contents of petition.

(1) The petition shall be verified by the State and

shall state the grounds upon which it contends the

defendant should be denied pretrial release, including the

real and present threat to the safety of any person or

persons or the community, based on the specific

articulable facts or flight risk, as appropriate.

(2) If the State seeks to file a second or subsequent

petition under this Section, the State shall be required

to present a verified application setting forth in detail

any new facts not known or obtainable at the time of the

filing of the previous petition.

(e) Eligibility: All defendants shall be presumed eligible

for pretrial release, and the State shall bear the burden of

proving by clear and convincing evidence that:

(1) the proof is evident or the presumption great that

the defendant has committed an offense listed in

subsection (a), and

(2) for offenses listed in paragraphs (1) through (7)

of subsection (a), the defendant poses a real and present

threat to the safety of any person or persons or the

community, based on the specific articulable facts of the

case, by conduct which may include, but is not limited to,

a forcible felony, the obstruction of justice,

intimidation, injury, or abuse as defined by paragraph (1)

of Section 103 of the Illinois Domestic Violence Act of

1986, and

(3) no condition or combination of conditions set

forth in subsection (b) of Section 110-10 of this Article

can mitigate (i) the real and present threat to the safety

of any person or persons or the community, based on the

specific articulable facts of the case, for offenses

listed in paragraphs (1) through (7) of subsection (a), or

(ii) the defendant's willful flight for offenses listed in

paragraph (8) of subsection (a), and

(4) for offenses under subsection (b) of Section 407

of the Illinois Controlled Substances Act that are subject

to paragraph (1) of subsection (a), no condition or

combination of conditions set forth in subsection (b) of

Section 110-10 of this Article can mitigate the real and

present threat to the safety of any person or persons or

the community, based on the specific articulable facts of

the case, and the defendant poses a serious risk to not

appear in court as required.

(f) Conduct of the hearings.

(1) Prior to the hearing, the State shall tender to

the defendant copies of the defendant's criminal history

available, any written or recorded statements, and the

substance of any oral statements made by any person, if

relied upon by the State in its petition, and any police

reports in the prosecutor's possession at the time of the

hearing.

(2) The State or defendant may present evidence at the

hearing by way of proffer based upon reliable information.

(3) The defendant has the right to be represented by

counsel, and if he or she is indigent, to have counsel

appointed for him or her. The defendant shall have the

opportunity to testify, to present witnesses on his or her

own behalf, and to cross-examine any witnesses that are

called by the State. Defense counsel shall be given

adequate opportunity to confer with the defendant before

any hearing at which conditions of release or the

detention of the defendant are to be considered, with an

accommodation for a physical condition made to facilitate

attorney/client consultation. If defense counsel needs to

confer or consult with the defendant during any hearing

conducted via a two-way audio-visual communication system,

such consultation shall not be recorded and shall be

undertaken consistent with constitutional protections.

(3.5) A hearing at which pretrial release may be

denied must be conducted in person (and not by way of

two-way audio visual communication) unless the accused

waives the right to be present physically in court, the

court determines that the physical health and safety of

any person necessary to the proceedings would be

endangered by appearing in court, or the chief judge of

the circuit orders use of that system due to operational

challenges in conducting the hearing in person. Such

operational challenges must be documented and approved by

the chief judge of the circuit, and a plan to address the

challenges through reasonable efforts must be presented

and approved by the Administrative Office of the Illinois

Courts every 6 months.

(4) If the defense seeks to compel the complaining

witness to testify as a witness in its favor, it shall

petition the court for permission. When the ends of

justice so require, the court may exercise its discretion

and compel the appearance of a complaining witness. The

court shall state on the record reasons for granting a

defense request to compel the presence of a complaining

witness only on the issue of the defendant's pretrial

detention. In making a determination under this Section,

the court shall state on the record the reason for

granting a defense request to compel the presence of a

complaining witness, and only grant the request if the

court finds by clear and convincing evidence that the

defendant will be materially prejudiced if the complaining

witness does not appear. Cross-examination of a

complaining witness at the pretrial detention hearing for

the purpose of impeaching the witness' credibility is

insufficient reason to compel the presence of the witness.

In deciding whether to compel the appearance of a

complaining witness, the court shall be considerate of the

emotional and physical well-being of the witness. The

pre-trial detention hearing is not to be used for purposes

of discovery, and the post arraignment rules of discovery

do not apply. The State shall tender to the defendant,

prior to the hearing, copies, if any, of the defendant's

criminal history, if available, and any written or

recorded statements and the substance of any oral

statements made by any person, if in the State's

Attorney's possession at the time of the hearing.

(5) The rules concerning the admissibility of evidence

in criminal trials do not apply to the presentation and

consideration of information at the hearing. At the trial

concerning the offense for which the hearing was conducted

neither the finding of the court nor any transcript or

other record of the hearing shall be admissible in the

State's case-in-chief, but shall be admissible for

impeachment, or as provided in Section 115-10.1 of this

Code, or in a perjury proceeding.

(6) The defendant may not move to suppress evidence or

a confession, however, evidence that proof of the charged

crime may have been the result of an unlawful search or

seizure, or both, or through improper interrogation, is

relevant in assessing the weight of the evidence against

the defendant.

(7) Decisions regarding release, conditions of

release, and detention prior to trial must be

individualized, and no single factor or standard may be

used exclusively to order detention. Risk assessment tools

may not be used as the sole basis to deny pretrial release.

(g) Factors to be considered in making a determination of

dangerousness. The court may, in determining whether the

defendant poses a real and present threat to the safety of any

person or persons or the community, based on the specific

articulable facts of the case, consider, but shall not be

limited to, evidence or testimony concerning:

(1) The nature and circumstances of any offense

charged, including whether the offense is a crime of

violence, involving a weapon, or a sex offense.

(2) The history and characteristics of the defendant

including:

(A) Any evidence of the defendant's prior criminal

history indicative of violent, abusive or assaultive

behavior, or lack of such behavior. Such evidence may

include testimony or documents received in juvenile

proceedings, criminal, quasi-criminal, civil

commitment, domestic relations, or other proceedings.

(B) Any evidence of the defendant's psychological,

psychiatric or other similar social history which

tends to indicate a violent, abusive, or assaultive

nature, or lack of any such history.

(3) The identity of any person or persons to whose

safety the defendant is believed to pose a threat, and the

nature of the threat.

(4) Any statements made by, or attributed to the

defendant, together with the circumstances surrounding

them.

(5) The age and physical condition of the defendant.

(6) The age and physical condition of any victim or

complaining witness.

(7) Whether the defendant is known to possess or have

access to any weapon or weapons.

(8) Whether, at the time of the current offense or any

other offense or arrest, the defendant was on probation,

parole, aftercare release, mandatory supervised release or

other release from custody pending trial, sentencing,

appeal or completion of sentence for an offense under

federal or state law.

(9) Any other factors, including those listed in

Section 110-5 of this Article deemed by the court to have a

reasonable bearing upon the defendant's propensity or

reputation for violent, abusive, or assaultive behavior,

or lack of such behavior.

(h) Detention order. The court shall, in any order for

detention:

(1) make a written finding summarizing the court's

reasons for concluding that the defendant should be denied

pretrial release, including why less restrictive

conditions would not avoid a real and present threat to

the safety of any person or persons or the community,

based on the specific articulable facts of the case, or

prevent the defendant's willful flight from prosecution;

(2) direct that the defendant be committed to the

custody of the sheriff for confinement in the county jail

pending trial;

(3) direct that the defendant be given a reasonable

opportunity for private consultation with counsel, and for

communication with others of his or her choice by

visitation, mail and telephone; and

(4) direct that the sheriff deliver the defendant as

required for appearances in connection with court

proceedings.

(i) Detention. If the court enters an order for the

detention of the defendant pursuant to subsection (e) of this

Section, the defendant shall be brought to trial on the

offense for which he is detained within 90 days after the date

on which the order for detention was entered. If the defendant

is not brought to trial within the 90-day period required by

the preceding sentence, he shall not be denied pretrial

release. In computing the 90-day period, the court shall omit

any period of delay resulting from a continuance granted at

the request of the defendant and any period of delay resulting

from a continuance granted at the request of the State with

good cause shown pursuant to Section 103-5.

(i-5) At each subsequent appearance of the defendant

before the court, the judge must find that continued detention

is necessary to avoid a real and present threat to the safety

of any person or persons or the community, based on the

specific articulable facts of the case, or to prevent the

defendant's willful flight from prosecution.

(j) Rights of the defendant. The defendant shall be

entitled to appeal any order entered under this Section

denying his or her pretrial release.

(k) Appeal. The State may appeal any order entered under

this Section denying any motion for denial of pretrial

release.

(l) Presumption of innocence. Nothing in this Section

shall be construed as modifying or limiting in any way the

defendant's presumption of innocence in further criminal

proceedings.

(m) Interest of victims.

(1) Crime victims shall be given notice by the State's

Attorney's office of this hearing as required in paragraph (1)

of subsection (b) of Section 4.5 of the Rights of Crime Victims

and Witnesses Act and shall be informed of their opportunity

at this hearing to obtain a protective order.

(2) If the defendant is denied pretrial release, the court

may impose a no contact provision with the victim or other

interested party that shall be enforced while the defendant

remains in custody.

(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

Section 30. The Unified Code of Corrections is amended by

changing Sections 3-6-3, 5-5-3.2, and 5-6-3.6 as follows:

(730 ILCS 5/3-6-3)

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

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

and regulations for awarding and revoking sentence credit for

persons committed to the Department of Corrections and the

Department of Juvenile Justice shall prescribe rules and

regulations for awarding and revoking sentence credit for

persons committed to the Department of Juvenile Justice under

Section 5-8-6 of the Unified Code of Corrections, which shall

be subject to review by the Prisoner Review Board.

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

awarded for the following:

(A) successful completion of programming while in

custody of the Department of Corrections or the Department

of Juvenile Justice or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of the

Department; or

(C) service to the institution, service to a

community, or service to the State.

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

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

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

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

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

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

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

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

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

offense of unlawful possession of a firearm by a repeat felony

offender being an armed habitual criminal committed on or

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

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

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

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

offense of aggravated domestic battery committed on or after

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

with respect to the offense of attempt to commit terrorism

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

Public Act 97-990), the following:

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

imprisonment for first degree murder or for the offense of

terrorism shall receive no sentence credit and shall serve

the entire sentence imposed by the court;

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

commit terrorism, attempt to commit first degree murder,

solicitation of murder, solicitation of murder for hire,

intentional homicide of an unborn child, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, aggravated

kidnapping, aggravated battery with a firearm as described

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

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

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

12-3.05, u

nlawful possession of a firearm by a repeat

felony offender being an armed habitual criminal,

aggravated battery of a senior citizen as described in

Section 12-4.6 or subdivision (a)(4) of Section 12-3.05,

or aggravated battery of a child as described in Section

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

receive no more than 4.5 days of sentence credit for each

month of his or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular hijacking,

aggravated discharge of a firearm, or armed violence with

a category I weapon or category II weapon, when the court

has made and entered a finding, pursuant to subsection

(c-1) of Section 5-4-1 of this Code, that the conduct

leading to conviction for the enumerated offense resulted

in great bodily harm to a victim, shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated

discharge of a firearm, whether or not the conduct leading

to conviction for the offense resulted in great bodily

harm to the victim, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment;

(v) that a person serving a sentence for gunrunning,

narcotics racketeering, controlled substance trafficking,

methamphetamine trafficking, drug-induced homicide,

aggravated methamphetamine-related child endangerment,

money laundering pursuant to clause (c) (4) or (5) of

Section 29B-1 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class X felony conviction for delivery

of a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing,

aggravated participation in methamphetamine

manufacturing, delivery of methamphetamine, possession

with intent to deliver methamphetamine, aggravated

delivery of methamphetamine, aggravated possession with

intent to deliver methamphetamine, methamphetamine

conspiracy when the substance containing the controlled

substance or methamphetamine is 100 grams or more shall

receive no more than 7.5 days sentence credit for each

month of his or her sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second

or subsequent offense of luring a minor shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for

aggravated domestic battery shall receive no more than 4.5

days of sentence credit for each month of his or her

sentence of imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) committed on or after August 13, 2007

(the effective date of Public Act 95-134) or subdivision

(a)(2)(vi) committed on or after June 1, 2008 (the effective

date of Public Act 95-625) or subdivision (a)(2)(vii)

committed on or after July 23, 2010 (the effective date of

Public Act 96-1224), and other than the offense of aggravated

driving under the influence of alcohol, other drug or drugs,

or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (F) of paragraph (1) of

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

and other than the offense of aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined

in subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230), the rules and regulations shall provide that a

prisoner who is serving a term of imprisonment shall receive

one day of sentence credit for each day of his or her sentence

of imprisonment or recommitment under Section 3-3-9. Each day

of sentence credit shall reduce by one day the prisoner's

period of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment shall receive no sentence credit.

(2.3) Except as provided in paragraph (4.7) of this

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

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds, or any

combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(2.4) Except as provided in paragraph (4.7) of this

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

shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any

device or attachment designed or used for silencing the report

of a firearm or aggravated discharge of a machine gun or a

firearm equipped with any device or attachment designed or

used for silencing the report of a firearm, committed on or

after July 15, 1999 (the effective date of Public Act 91-121),

that a prisoner serving a sentence for any of these offenses

shall receive no more than 4.5 days of sentence credit for each

month of his or her sentence of imprisonment.

(2.5) Except as provided in paragraph (4.7) of this

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

shall provide that a prisoner who is serving a sentence for

aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more

than 4.5 days of sentence credit for each month of his or her

sentence of imprisonment.

(2.6) Except as provided in paragraph (4.7) of this

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

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code committed on or after January 1, 2011

(the effective date of Public Act 96-1230) shall receive no

more than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment.

(3) In addition to the sentence credits earned under

paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

subsection (a), the rules and regulations shall also provide

that the Director of Corrections or the Director of Juvenile

Justice may award up to 180 days of earned sentence credit for

prisoners serving a sentence of incarceration of less than 5

years, and up to 365 days of earned sentence credit for

prisoners serving a sentence of 5 years or longer. The

Director may grant this credit for good conduct in specific

instances as either Director deems proper for eligible persons

in the custody of each Director's respective Department. The

good conduct may include, but is not limited to, compliance

with the rules and regulations of the Department, service to

the Department, service to a community, or service to the

State.

Eligible inmates for an award of earned sentence credit

under this paragraph (3) may be selected to receive the credit

at either Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under

this paragraph (3) may be based on, but is not limited to,

participation in programming offered by the Department as

appropriate for the prisoner based on the results of any

available risk/needs assessment or other relevant assessments

or evaluations administered by the Department using a

validated instrument, the circumstances of the crime,

demonstrated commitment to rehabilitation by a prisoner with a

history of conviction for a forcible felony enumerated in

Section 2-8 of the Criminal Code of 2012, the inmate's

behavior and improvements in disciplinary history while

incarcerated, and the inmate's commitment to rehabilitation,

including participation in programming offered by the

Department.

The Director of Corrections or the Director of Juvenile

Justice shall not award sentence credit under this paragraph

(3) to an inmate unless the inmate has served a minimum of 60

days of the sentence, including time served in a county jail;

except nothing in this paragraph shall be construed to permit

either Director to extend an inmate's sentence beyond that

which was imposed by the court. Prior to awarding credit under

this paragraph (3), each Director shall make a written

determination that the inmate:

(A) is eligible for the earned sentence credit;

(B) has served a minimum of 60 days, or as close to 60

days as the sentence will allow;

(B-1) has received a risk/needs assessment or other

relevant evaluation or assessment administered by the

Department using a validated instrument; and

(C) has met the eligibility criteria established by

rule for earned sentence credit.

The Director of Corrections or the Director of Juvenile

Justice shall determine the form and content of the written

determination required in this subsection.

(3.5) The Department shall provide annual written reports

to the Governor and the General Assembly on the award of earned

sentence credit no later than February 1 of each year. The

Department must publish both reports on its website within 48

hours of transmitting the reports to the Governor and the

General Assembly. The reports must include:

(A) the number of inmates awarded earned sentence

credit;

(B) the average amount of earned sentence credit

awarded;

(C) the holding offenses of inmates awarded earned

sentence credit; and

(D) the number of earned sentence credit revocations.

(4)(A) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that any prisoner who is engaged full-time in substance abuse

programs, correctional industry assignments, educational

programs, work-release programs or activities in accordance

with Article 13 of Chapter III of this Code, behavior

modification programs, life skills courses, or re-entry

planning provided by the Department under this paragraph (4)

and satisfactorily completes the assigned program as

determined by the standards of the Department, shall receive

one day of sentence credit for each day in which that prisoner

is engaged in the activities described in this paragraph. The

rules and regulations shall also provide that sentence credit

may be provided to an inmate who was held in pre-trial

detention prior to his or her current commitment to the

Department of Corrections and successfully completed a

full-time, 60-day or longer substance abuse program,

educational program, behavior modification program, life

skills course, or re-entry planning provided by the county

department of corrections or county jail. Calculation of this

county program credit shall be done at sentencing as provided

in Section 5-4.5-100 of this Code and shall be included in the

sentencing order. The rules and regulations shall also provide

that sentence credit may be provided to an inmate who is in

compliance with programming requirements in an adult

transition center.

(B) The Department shall award sentence credit under this

paragraph (4) accumulated prior to January 1, 2020 (the

effective date of Public Act 101-440) in an amount specified

in subparagraph (C) of this paragraph (4) to an inmate serving

a sentence for an offense committed prior to June 19, 1998, if

the Department determines that the inmate is entitled to this

sentence credit, based upon:

(i) documentation provided by the Department that the

inmate engaged in any full-time substance abuse programs,

correctional industry assignments, educational programs,

behavior modification programs, life skills courses, or

re-entry planning provided by the Department under this

paragraph (4) and satisfactorily completed the assigned

program as determined by the standards of the Department

during the inmate's current term of incarceration; or

(ii) the inmate's own testimony in the form of an

affidavit or documentation, or a third party's

documentation or testimony in the form of an affidavit

that the inmate likely engaged in any full-time substance

abuse programs, correctional industry assignments,

educational programs, behavior modification programs, life

skills courses, or re-entry planning provided by the

Department under paragraph (4) and satisfactorily

completed the assigned program as determined by the

standards of the Department during the inmate's current

term of incarceration.

(C) If the inmate can provide documentation that he or she

is entitled to sentence credit under subparagraph (B) in

excess of 45 days of participation in those programs, the

inmate shall receive 90 days of sentence credit. If the inmate

cannot provide documentation of more than 45 days of

participation in those programs, the inmate shall receive 45

days of sentence credit. In the event of a disagreement

between the Department and the inmate as to the amount of

credit accumulated under subparagraph (B), if the Department

provides documented proof of a lesser amount of days of

participation in those programs, that proof shall control. If

the Department provides no documentary proof, the inmate's

proof as set forth in clause (ii) of subparagraph (B) shall

control as to the amount of sentence credit provided.

(D) If the inmate has been convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act,

sentencing credits under subparagraph (B) of this paragraph

(4) shall be awarded by the Department only if the conditions

set forth in paragraph (4.6) of subsection (a) are satisfied.

No inmate serving a term of natural life imprisonment shall

receive sentence credit under subparagraph (B) of this

paragraph (4).

(E) The rules and regulations shall provide for the

recalculation of program credits awarded pursuant to this

paragraph (4) prior to July 1, 2021 (the effective date of

Public Act 101-652) at the rate set for such credits on and

after July 1, 2021.

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry planning,

and correctional industry programs under which sentence credit

may be earned under this paragraph (4) and paragraph (4.1) of

this subsection (a) shall be evaluated by the Department on

the basis of documented standards. The Department shall report

the results of these evaluations to the Governor and the

General Assembly by September 30th of each year. The reports

shall include data relating to the recidivism rate among

program participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General

Assembly for these purposes. Eligible inmates who are denied

immediate admission shall be placed on a waiting list under

criteria established by the Department. The rules and

regulations shall provide that a prisoner who has been placed

on a waiting list but is transferred for non-disciplinary

reasons before beginning a program shall receive priority

placement on the waitlist for appropriate programs at the new

facility. The inability of any inmate to become engaged in any

such programs by reason of insufficient program resources or

for any other reason established under the rules and

regulations of the Department shall not be deemed a cause of

action under which the Department or any employee or agent of

the Department shall be liable for damages to the inmate. The

rules and regulations shall provide that a prisoner who begins

an educational, vocational, substance abuse, work-release

programs or activities in accordance with Article 13 of

Chapter III of this Code, behavior modification program, life

skills course, re-entry planning, or correctional industry

programs but is unable to complete the program due to illness,

disability, transfer, lockdown, or another reason outside of

the prisoner's control shall receive prorated sentence credits

for the days in which the prisoner did participate.

(4.1) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that an additional 90 days of sentence credit shall be awarded

to any prisoner who passes high school equivalency testing

while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this paragraph

(4.1) shall be in addition to, and shall not affect, the award

of sentence credit under any other paragraph of this Section,

but shall also be pursuant to the guidelines and restrictions

set forth in paragraph (4) of subsection (a) of this Section.

The sentence credit provided for in this paragraph shall be

available only to those prisoners who have not previously

earned a high school diploma or a State of Illinois High School

Diploma. If, after an award of the high school equivalency

testing sentence credit has been made, the Department

determines that the prisoner was not eligible, then the award

shall be revoked. The Department may also award 90 days of

sentence credit to any committed person who passed high school

equivalency testing while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections. Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall provide that

an additional 120 days of sentence credit shall be awarded to

any prisoner who obtains an associate degree while the

prisoner is committed to the Department of Corrections,

regardless of the date that the associate degree was obtained,

including if prior to July 1, 2021 (the effective date of

Public Act 101-652). The sentence credit awarded under this

paragraph (4.1) shall be in addition to, and shall not affect,

the award of sentence credit under any other paragraph of this

Section, but shall also be under the guidelines and

restrictions set forth in paragraph (4) of subsection (a) of

this Section. The sentence credit provided for in this

paragraph (4.1) shall be available only to those prisoners who

have not previously earned an associate degree prior to the

current commitment to the Department of Corrections. If, after

an award of the associate degree sentence credit has been made

and the Department determines that the prisoner was not

eligible, then the award shall be revoked. The Department may

also award 120 days of sentence credit to any committed person

who earned an associate degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a bachelor's degree while the prisoner is

committed to the Department of Corrections. The sentence

credit awarded under this paragraph (4.1) shall be in addition

to, and shall not affect, the award of sentence credit under

any other paragraph of this Section, but shall also be under

the guidelines and restrictions set forth in paragraph (4) of

this subsection (a). The sentence credit provided for in this

paragraph shall be available only to those prisoners who have

not earned a bachelor's degree prior to the current commitment

to the Department of Corrections. If, after an award of the

bachelor's degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

bachelor's degree while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a master's or professional degree while

the prisoner is committed to the Department of Corrections.

The sentence credit awarded under this paragraph (4.1) shall

be in addition to, and shall not affect, the award of sentence

credit under any other paragraph of this Section, but shall

also be under the guidelines and restrictions set forth in

paragraph (4) of this subsection (a). The sentence credit

provided for in this paragraph shall be available only to

those prisoners who have not previously earned a master's or

professional degree prior to the current commitment to the

Department of Corrections. If, after an award of the master's

or professional degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

master's or professional degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

(4.2)(A) The rules and regulations shall also provide that

any prisoner engaged in self-improvement programs, volunteer

work, or work assignments that are not otherwise eligible

activities under paragraph (4), shall receive up to 0.5 days

of sentence credit for each day in which the prisoner is

engaged in activities described in this paragraph.

(B) The rules and regulations shall provide for the award

of sentence credit under this paragraph (4.2) for qualifying

days of engagement in eligible activities occurring prior to

July 1, 2021 (the effective date of Public Act 101-652).

(4.5) The rules and regulations on sentence credit shall

also provide that when the court's sentencing order recommends

a prisoner for substance abuse treatment and the crime was

committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence

credit awarded under clause (3) of this subsection (a) unless

he or she participates in and completes a substance abuse

treatment program. The Director of Corrections may waive the

requirement to participate in or complete a substance abuse

treatment program in specific instances if the prisoner is not

a good candidate for a substance abuse treatment program for

medical, programming, or operational reasons. Availability of

substance abuse treatment shall be subject to the limits of

fiscal resources appropriated by the General Assembly for

these purposes. If treatment is not available and the

requirement to participate and complete the treatment has not

been waived by the Director, the prisoner shall be placed on a

waiting list under criteria established by the Department. The

Director may allow a prisoner placed on a waiting list to

participate in and complete a substance abuse education class

or attend substance abuse self-help meetings in lieu of a

substance abuse treatment program. A prisoner on a waiting

list who is not placed in a substance abuse program prior to

release may be eligible for a waiver and receive sentence

credit under clause (3) of this subsection (a) at the

discretion of the Director.

(4.6) The rules and regulations on sentence credit shall

also provide that a prisoner who has been convicted of a sex

offense as defined in Section 2 of the Sex Offender

Registration Act shall receive no sentence credit unless he or

she either has successfully completed or is participating in

sex offender treatment as defined by the Sex Offender

Management Board. However, prisoners who are waiting to

receive treatment, but who are unable to do so due solely to

the lack of resources on the part of the Department, may, at

either Director's sole discretion, be awarded sentence credit

at a rate as the Director shall determine.

(4.7) On or after January 1, 2018 (the effective date of

Public Act 100-3), sentence credit under paragraph (3), (4),

or (4.1) of this subsection (a) may be awarded to a prisoner

who is serving a sentence for an offense described in

paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

on or after January 1, 2018 (the effective date of Public Act

100-3); provided, the award of the credits under this

paragraph (4.7) shall not reduce the sentence of the prisoner

to less than the following amounts:

(i) 85% of his or her sentence if the prisoner is

required to serve 85% of his or her sentence; or

(ii) 60% of his or her sentence if the prisoner is

required to serve 75% of his or her sentence, except if the

prisoner is serving a sentence for gunrunning his or her

sentence shall not be reduced to less than 75%.

(iii) 100% of his or her sentence if the prisoner is

required to serve 100% of his or her sentence.

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of earned

sentence credit under paragraph (3) of subsection (a) of this

Section given at any time during the term, the Department

shall give reasonable notice of the impending release not less

than 14 days prior to the date of the release to the State's

Attorney of the county where the prosecution of the inmate

took place, and if applicable, the State's Attorney of the

county into which the inmate will be released. The Department

must also make identification information and a recent photo

of the inmate being released accessible on the Internet by

means of a hyperlink labeled "Community Notification of Inmate

Early Release" on the Department's World Wide Web homepage.

The identification information shall include the inmate's:

name, any known alias, date of birth, physical

characteristics, commitment offense, and county where

conviction was imposed. The identification information shall

be placed on the website within 3 days of the inmate's release

and the information may not be removed until either:

completion of the first year of mandatory supervised release

or return of the inmate to custody of the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) (1) The Department shall prescribe rules and

regulations for revoking sentence credit, including revoking

sentence credit awarded under paragraph (3) of subsection (a)

of this Section. The Department shall prescribe rules and

regulations establishing and requiring the use of a sanctions

matrix for revoking sentence credit. The Department shall

prescribe rules and regulations for suspending or reducing the

rate of accumulation of sentence credit for specific rule

violations, during imprisonment. These rules and regulations

shall provide that no inmate may be penalized more than one

year of sentence credit for any one infraction.

(2) When the Department seeks to revoke, suspend, or

reduce the rate of accumulation of any sentence credits for an

alleged infraction of its rules, it shall bring charges

therefor against the prisoner sought to be so deprived of

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days, whether from one

infraction or cumulatively from multiple infractions arising

out of a single event, or when, during any 12-month period, the

cumulative amount of credit revoked exceeds 30 days except

where the infraction is committed or discovered within 60 days

of scheduled release. In those cases, the Department of

Corrections may revoke up to 30 days of sentence credit. The

Board may subsequently approve the revocation of additional

sentence credit, if the Department seeks to revoke sentence

credit in excess of 30 days. However, the Board shall not be

empowered to review the Department's decision with respect to

the loss of 30 days of sentence credit within any calendar year

for any prisoner or to increase any penalty beyond the length

requested by the Department.

(3) The Director of Corrections or the Director of

Juvenile Justice, in appropriate cases, may restore sentence

credits which have been revoked, suspended, or reduced. The

Department shall prescribe rules and regulations governing the

restoration of sentence credits. These rules and regulations

shall provide for the automatic restoration of sentence

credits following a period in which the prisoner maintains a

record without a disciplinary violation.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of

Corrections, or the Prisoner Review Board, or against any of

their officers or employees, and the court makes a specific

finding that a pleading, motion, or other paper filed by the

prisoner is frivolous, the Department of Corrections shall

conduct a hearing to revoke up to 180 days of sentence credit

by bringing charges against the prisoner sought to be deprived

of the sentence credits before the Prisoner Review Board as

provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

If the prisoner has not accumulated 180 days of sentence

credit at the time of the finding, then the Prisoner Review

Board may revoke all sentence credit accumulated by the

prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or

other filing which purports to be a legal document filed

by a prisoner in his or her lawsuit meets any or all of the

following criteria:

(A) it lacks an arguable basis either in law or in

fact;

(B) it is being presented for any improper

purpose, such as to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of a violation of an order of protection

under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided

in Section 5-8A-7 of this Code.

(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;

102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.

1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised

12-15-23.)

(730 ILCS 5/5-5-3.2)

Sec. 5-5-3.2. Factors in aggravation and extended-term

sentencing.

(a) The following factors shall be accorded weight in

favor of imposing a term of imprisonment or may be considered

by the court as reasons to impose a more severe sentence under

Section 5-8-1 or Article 4.5 of Chapter V:

(1) the defendant's conduct caused or threatened

serious harm;

(2) the defendant received compensation for committing

the offense;

(3) the defendant has a history of prior delinquency

or criminal activity;

(4) the defendant, by the duties of his office or by

his position, was obliged to prevent the particular

offense committed or to bring the offenders committing it

to justice;

(5) the defendant held public office at the time of

the offense, and the offense related to the conduct of

that office;

(6) the defendant utilized his professional reputation

or position in the community to commit the offense, or to

afford him an easier means of committing it;

(7) the sentence is necessary to deter others from

committing the same crime;

(8) the defendant committed the offense against a

person 60 years of age or older or such person's property;

(9) the defendant committed the offense against a

person who has a physical disability or such person's

property;

(10) by reason of another individual's actual or

perceived race, color, creed, religion, ancestry, gender,

sexual orientation, physical or mental disability, or

national origin, the defendant committed the offense

against (i) the person or property of that individual;

(ii) the person or property of a person who has an

association with, is married to, or has a friendship with

the other individual; or (iii) the person or property of a

relative (by blood or marriage) of a person described in

clause (i) or (ii). For the purposes of this Section,

"sexual orientation" has the meaning ascribed to it in

paragraph (O-1) of Section 1-103 of the Illinois Human

Rights Act;

(11) the offense took place in a place of worship or on

the grounds of a place of worship, immediately prior to,

during or immediately following worship services. For

purposes of this subparagraph, "place of worship" shall

mean any church, synagogue or other building, structure or

place used primarily for religious worship;

(12) the defendant was convicted of a felony committed

while he was on pretrial release or his own recognizance

pending trial for a prior felony and was convicted of such

prior felony, or the defendant was convicted of a felony

committed while he was serving a period of probation,

conditional discharge, or mandatory supervised release

under subsection (d) of Section 5-8-1 for a prior felony;

(13) the defendant committed or attempted to commit a

felony while he was wearing a bulletproof vest. For the

purposes of this paragraph (13), a bulletproof vest is any

device which is designed for the purpose of protecting the

wearer from bullets, shot or other lethal projectiles;

(14) the defendant held a position of trust or

supervision such as, but not limited to, family member as

defined in Section 11-0.1 of the Criminal Code of 2012,

teacher, scout leader, baby sitter, or day care worker, in

relation to a victim under 18 years of age, and the

defendant committed an offense in violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

or 12-16 of the Criminal Code of 1961 or the Criminal Code

of 2012 against that victim;

(15) the defendant committed an offense related to the

activities of an organized gang. For the purposes of this

factor, "organized gang" has the meaning ascribed to it in

Section 10 of the Streetgang Terrorism Omnibus Prevention

Act;

(16) the defendant committed an offense in violation

of one of the following Sections while in a school,

regardless of the time of day or time of year; on any

conveyance owned, leased, or contracted by a school to

transport students to or from school or a school related

activity; on the real property of a school; or on a public

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

school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

for subdivision (a)(4) or (g)(1), of the Criminal Code of

1961 or the Criminal Code of 2012;

(16.5) the defendant committed an offense in violation

of one of the following Sections while in a day care

center, regardless of the time of day or time of year; on

the real property of a day care center, regardless of the

time of day or time of year; or on a public way within

1,000 feet of the real property comprising any day care

center, regardless of the time of day or time of year:

Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

18-2, or 33A-2, or Section 12-3.05 except for subdivision

(a)(4) or (g)(1), of the Criminal Code of 1961 or the

Criminal Code of 2012;

(17) the defendant committed the offense by reason of

any person's activity as a community policing volunteer or

to prevent any person from engaging in activity as a

community policing volunteer. For the purpose of this

Section, "community policing volunteer" has the meaning

ascribed to it in Section 2-3.5 of the Criminal Code of

2012;

(18) the defendant committed the offense in a nursing

home or on the real property comprising a nursing home.

For the purposes of this paragraph (18), "nursing home"

means a skilled nursing or intermediate long term care

facility that is subject to license by the Illinois

Department of Public Health under the Nursing Home Care

Act, the Specialized Mental Health Rehabilitation Act of

2013, the ID/DD Community Care Act, or the MC/DD Act;

(19) the defendant was a federally licensed firearm

dealer and was previously convicted of a violation of

subsection (a) of Section 3 of the Firearm Owners

Identification Card Act and has now committed either a

felony violation of the Firearm Owners Identification Card

Act or an act of armed violence while armed with a firearm;

(20) the defendant (i) committed the offense of

reckless homicide under Section 9-3 of the Criminal Code

of 1961 or the Criminal Code of 2012 or the offense of

driving under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds or any

combination thereof under Section 11-501 of the Illinois

Vehicle Code or a similar provision of a local ordinance

and (ii) was operating a motor vehicle in excess of 20

miles per hour over the posted speed limit as provided in

Article VI of Chapter 11 of the Illinois Vehicle Code;

(21) the defendant (i) committed the offense of

reckless driving or aggravated reckless driving under

Section 11-503 of the Illinois Vehicle Code and (ii) was

operating a motor vehicle in excess of 20 miles per hour

over the posted speed limit as provided in Article VI of

Chapter 11 of the Illinois Vehicle Code;

(22) the defendant committed the offense against a

person that the defendant knew, or reasonably should have

known, was a member of the Armed Forces of the United

States serving on active duty. For purposes of this clause

(22), the term "Armed Forces" means any of the Armed

Forces of the United States, including a member of any

reserve component thereof or National Guard unit called to

active duty;

(23) the defendant committed the offense against a

person who was elderly or infirm or who was a person with a

disability by taking advantage of a family or fiduciary

relationship with the elderly or infirm person or person

with a disability;

(24) the defendant committed any offense under Section

11-20.1 of the Criminal Code of 1961 or the Criminal Code

of 2012 and possessed 100 or more images;

(25) the defendant committed the offense while the

defendant or the victim was in a train, bus, or other

vehicle used for public transportation;

(26) the defendant committed the offense of child

pornography or aggravated child pornography, specifically

including paragraph (1), (2), (3), (4), (5), or (7) of

subsection (a) of Section 11-20.1 of the Criminal Code of

1961 or the Criminal Code of 2012 where a child engaged in,

solicited for, depicted in, or posed in any act of sexual

penetration or bound, fettered, or subject to sadistic,

masochistic, or sadomasochistic abuse in a sexual context

and specifically including paragraph (1), (2), (3), (4),

(5), or (7) of subsection (a) of Section 11-20.1B or

Section 11-20.3 of the Criminal Code of 1961 where a child

engaged in, solicited for, depicted in, or posed in any

act of sexual penetration or bound, fettered, or subject

to sadistic, masochistic, or sadomasochistic abuse in a

sexual context;

(27) the defendant committed the offense of first

degree murder, assault, aggravated assault, battery,

aggravated battery, robbery, armed robbery, or aggravated

robbery against a person who was a veteran and the

defendant knew, or reasonably should have known, that the

person was a veteran performing duties as a representative

of a veterans' organization. For the purposes of this

paragraph (27), "veteran" means an Illinois resident who

has served as a member of the United States Armed Forces, a

member of the Illinois National Guard, or a member of the

United States Reserve Forces; and "veterans' organization"

means an organization comprised of members of which

substantially all are individuals who are veterans or

spouses, widows, or widowers of veterans, the primary

purpose of which is to promote the welfare of its members

and to provide assistance to the general public in such a

way as to confer a public benefit;

(28) the defendant committed the offense of assault,

aggravated assault, battery, aggravated battery, robbery,

armed robbery, or aggravated robbery against a person that

the defendant knew or reasonably should have known was a

letter carrier or postal worker while that person was

performing his or her duties delivering mail for the

United States Postal Service;

(29) the defendant committed the offense of criminal

sexual assault, aggravated criminal sexual assault,

criminal sexual abuse, or aggravated criminal sexual abuse

against a victim with an intellectual disability, and the

defendant holds a position of trust, authority, or

supervision in relation to the victim;

(30) the defendant committed the offense of promoting

juvenile prostitution, patronizing a prostitute, or

patronizing a minor engaged in prostitution and at the

time of the commission of the offense knew that the

prostitute or minor engaged in prostitution was in the

custody or guardianship of the Department of Children and

Family Services;

(31) the defendant (i) committed the offense of

driving while under the influence of alcohol, other drug

or drugs, intoxicating compound or compounds or any

combination thereof in violation of Section 11-501 of the

Illinois Vehicle Code or a similar provision of a local

ordinance and (ii) the defendant during the commission of

the offense was driving his or her vehicle upon a roadway

designated for one-way traffic in the opposite direction

of the direction indicated by official traffic control

devices;

(32) the defendant committed the offense of reckless

homicide while committing a violation of Section 11-907 of

the Illinois Vehicle Code;

(33) the defendant was found guilty of an

administrative infraction related to an act or acts of

public indecency or sexual misconduct in the penal

institution. In this paragraph (33), "penal institution"

has the same meaning as in Section 2-14 of the Criminal

Code of 2012; or

(34) the defendant committed the offense of leaving

the scene of a crash in violation of subsection (b) of

Section 11-401 of the Illinois Vehicle Code and the crash

resulted in the death of a person and at the time of the

offense, the defendant was: (i) driving under the

influence of alcohol, other drug or drugs, intoxicating

compound or compounds or any combination thereof as

defined by Section 11-501 of the Illinois Vehicle Code; or

(ii) operating the motor vehicle while using an electronic

communication device as defined in Section 12-610.2 of the

Illinois Vehicle Code.

For the purposes of this Section:

"School" is defined as a public or private elementary or

secondary school, community college, college, or university.

"Day care center" means a public or private State

certified and licensed day care center as defined in Section

2.09 of the Child Care Act of 1969 that displays a sign in

plain view stating that the property is a day care center.

"Intellectual disability" means significantly subaverage

intellectual functioning which exists concurrently with

impairment in adaptive behavior.

"Public transportation" means the transportation or

conveyance of persons by means available to the general

public, and includes paratransit services.

"Traffic control devices" means all signs, signals,

markings, and devices that conform to the Illinois Manual on

Uniform Traffic Control Devices, placed or erected by

authority of a public body or official having jurisdiction,

for the purpose of regulating, warning, or guiding traffic.

(b) The following factors, related to all felonies, may be

considered by the court as reasons to impose an extended term

sentence under Section 5-8-2 upon any offender:

(1) When a defendant is convicted of any felony, after

having been previously convicted in Illinois or any other

jurisdiction of the same or similar class felony or

greater class felony, when such conviction has occurred

within 10 years after the previous conviction, excluding

time spent in custody, and such charges are separately

brought and tried and arise out of different series of

acts; or

(2) When a defendant is convicted of any felony and

the court finds that the offense was accompanied by

exceptionally brutal or heinous behavior indicative of

wanton cruelty; or

(3) When a defendant is convicted of any felony

committed against:

(i) a person under 12 years of age at the time of

the offense or such person's property;

(ii) a person 60 years of age or older at the time

of the offense or such person's property; or

(iii) a person who had a physical disability at

the time of the offense or such person's property; or

(4) When a defendant is convicted of any felony and

the offense involved any of the following types of

specific misconduct committed as part of a ceremony, rite,

initiation, observance, performance, practice or activity

of any actual or ostensible religious, fraternal, or

social group:

(i) the brutalizing or torturing of humans or

animals;

(ii) the theft of human corpses;

(iii) the kidnapping of humans;

(iv) the desecration of any cemetery, religious,

fraternal, business, governmental, educational, or

other building or property; or

(v) ritualized abuse of a child; or

(5) When a defendant is convicted of a felony other

than conspiracy and the court finds that the felony was

committed under an agreement with 2 or more other persons

to commit that offense and the defendant, with respect to

the other individuals, occupied a position of organizer,

supervisor, financier, or any other position of management

or leadership, and the court further finds that the felony

committed was related to or in furtherance of the criminal

activities of an organized gang or was motivated by the

defendant's leadership in an organized gang; or

(6) When a defendant is convicted of an offense

committed while using a firearm with a laser sight

attached to it. For purposes of this paragraph, "laser

sight" has the meaning ascribed to it in Section 26-7 of

the Criminal Code of 2012; or

(7) When a defendant who was at least 17 years of age

at the time of the commission of the offense is convicted

of a felony and has been previously adjudicated a

delinquent minor under the Juvenile Court Act of 1987 for

an act that if committed by an adult would be a Class X or

Class 1 felony when the conviction has occurred within 10

years after the previous adjudication, excluding time

spent in custody; or

(8) When a defendant commits any felony and the

defendant used, possessed, exercised control over, or

otherwise directed an animal to assault a law enforcement

officer engaged in the execution of his or her official

duties or in furtherance of the criminal activities of an

organized gang in which the defendant is engaged; or

(9) When a defendant commits any felony and the

defendant knowingly video or audio records the offense

with the intent to disseminate the recording.

(c) The following factors may be considered by the court

as reasons to impose an extended term sentence under Section

5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

offenses:

(1) When a defendant is convicted of first degree

murder, after having been previously convicted in Illinois

of any offense listed under paragraph (c)(2) of Section

5-5-3 (730 ILCS 5/5-5-3), when that conviction has

occurred within 10 years after the previous conviction,

excluding time spent in custody, and the charges are

separately brought and tried and arise out of different

series of acts.

(1.5) When a defendant is convicted of first degree

murder, after having been previously convicted of domestic

battery (720 ILCS 5/12-3.2) or aggravated domestic battery

(720 ILCS 5/12-3.3) committed on the same victim or after

having been previously convicted of violation of an order

of protection (720 ILCS 5/12-30) in which the same victim

was the protected person.

(2) When a defendant is convicted of voluntary

manslaughter, second degree murder, involuntary

manslaughter, or reckless homicide in which the defendant

has been convicted of causing the death of more than one

individual.

(3) When a defendant is convicted of aggravated

criminal sexual assault or criminal sexual assault, when

there is a finding that aggravated criminal sexual assault

or criminal sexual assault was also committed on the same

victim by one or more other individuals, and the defendant

voluntarily participated in the crime with the knowledge

of the participation of the others in the crime, and the

commission of the crime was part of a single course of

conduct during which there was no substantial change in

the nature of the criminal objective.

(4) If the victim was under 18 years of age at the time

of the commission of the offense, when a defendant is

convicted of aggravated criminal sexual assault or

predatory criminal sexual assault of a child under

subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

of Section 12-14.1 of the Criminal Code of 1961 or the

Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

(5) When a defendant is convicted of a felony

violation of Section 24-1 of the Criminal Code of 1961 or

the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

finding that the defendant is a member of an organized

gang.

(6) When a defendant was convicted of unlawful

possession use of weapons under Section 24-1 of the

Criminal Code of 1961 or the Criminal Code of 2012 (720

ILCS 5/24-1) for possessing a weapon that is not readily

distinguishable as one of the weapons enumerated in

Section 24-1 of the Criminal Code of 1961 or the Criminal

Code of 2012 (720 ILCS 5/24-1).

(7) When a defendant is convicted of an offense

involving the illegal manufacture of a controlled

substance under Section 401 of the Illinois Controlled

Substances Act (720 ILCS 570/401), the illegal manufacture

of methamphetamine under Section 25 of the Methamphetamine

Control and Community Protection Act (720 ILCS 646/25), or

the illegal possession of explosives and an emergency

response officer in the performance of his or her duties

is killed or injured at the scene of the offense while

responding to the emergency caused by the commission of

the offense. In this paragraph, "emergency" means a

situation in which a person's life, health, or safety is

in jeopardy; and "emergency response officer" means a

peace officer, community policing volunteer, fireman,

emergency medical technician-ambulance, emergency medical

technician-intermediate, emergency medical

technician-paramedic, ambulance driver, other medical

assistance or first aid personnel, or hospital emergency

room personnel.

(8) When the defendant is convicted of attempted mob

action, solicitation to commit mob action, or conspiracy

to commit mob action under Section 8-1, 8-2, or 8-4 of the

Criminal Code of 2012, where the criminal object is a

violation of Section 25-1 of the Criminal Code of 2012,

and an electronic communication is used in the commission

of the offense. For the purposes of this paragraph (8),

"electronic communication" shall have the meaning provided

in Section 26.5-0.1 of the Criminal Code of 2012.

(d) For the purposes of this Section, "organized gang" has

the meaning ascribed to it in Section 10 of the Illinois

Streetgang Terrorism Omnibus Prevention Act.

(e) The court may impose an extended term sentence under

Article 4.5 of Chapter V upon an offender who has been

convicted of a felony violation of Section 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

when the victim of the offense is under 18 years of age at the

time of the commission of the offense and, during the

commission of the offense, the victim was under the influence

of alcohol, regardless of whether or not the alcohol was

supplied by the offender; and the offender, at the time of the

commission of the offense, knew or should have known that the

victim had consumed alcohol.

(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;

101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.

8-20-21; 102-982, eff. 7-1-23.)

(730 ILCS 5/5-6-3.6)

Sec. 5-6-3.6. First Time Weapon Offense Program.

(a) The General Assembly has sought to promote public

safety, reduce recidivism, and conserve valuable resources of

the criminal justice system through the creation of diversion

programs for non-violent offenders. This amendatory Act of the

103rd General Assembly establishes a program for first-time,

non-violent offenders charged with certain weapons possession

offenses. The General Assembly recognizes some persons,

particularly in areas of high crime or poverty, may have

experienced trauma that contributes to poor decision making

skills, and the creation of a diversionary program poses a

greater benefit to the community and the person than

incarceration. Under this program, a court, with the consent

of the defendant and the State's Attorney, may sentence a

defendant charged with an unlawful possession use of weapons

offense under Section 24-1 of the Criminal Code of 2012 or

aggravated unlawful possession use of a weapon offense under

Section 24-1.6 of the Criminal Code of 2012, if punishable as a

Class 4 felony or lower, to a First Time Weapon Offense

Program.

(b) A defendant is not eligible for this Program if:

(1) the offense was committed during the commission of

a violent offense as defined in subsection (h) of this

Section;

(2) he or she has previously been convicted or placed

on probation or conditional discharge for any violent

offense under the laws of this State, the laws of any other

state, or the laws of the United States;

(3) he or she had a prior successful completion of the

First Time Weapon Offense Program under this Section;

(4) he or she has previously been adjudicated a

delinquent minor for the commission of a violent offense;

(5) (blank); or

(6) he or she has an existing order of protection

issued against him or her.

(b-5) In considering whether a defendant shall be

sentenced to the First Time Weapon Offense Program, the court

shall consider the following:

(1) the age, immaturity, or limited mental capacity of

the defendant;

(2) the nature and circumstances of the offense;

(3) whether participation in the Program is in the

interest of the defendant's rehabilitation, including any

employment or involvement in community, educational,

training, or vocational programs;

(4) whether the defendant suffers from trauma, as

supported by documentation or evaluation by a licensed

professional; and

(5) the potential risk to public safety.

(c) For an offense committed on or after January 1, 2018

(the effective date of Public Act 100-3) whenever an

eligible

person pleads guilty to an unlawful possession use

of weapons

offense under Section 24-1 of the Criminal Code of 2012 or

aggravated unlawful possession use of a weapon offense under

Section 24-1.6 of the Criminal Code of 2012, which is

punishable as a Class 4 felony or lower, the court, with the

consent of the defendant and the State's Attorney, may,

without entering a judgment, sentence the defendant to

complete the First Time Weapon Offense Program. When a

defendant is placed in the Program, the court shall defer

further proceedings in the case until the conclusion of the

period or until the filing of a petition alleging violation of

a term or condition of the Program. Upon violation of a term or

condition of the Program, the court may enter a judgment on its

original finding of guilt and proceed as otherwise provided by

law. Upon fulfillment of the terms and conditions of the

Program, the court shall discharge the person and dismiss the

proceedings against the person.

(d) The Program shall be at least 6 months and not to

exceed 24 months, as determined by the court at the

recommendation of the Program administrator and the State's

Attorney. The Program administrator may be appointed by the

Chief Judge of each Judicial Circuit.

(e) The conditions of the Program shall be that the

defendant:

(1) not violate any criminal statute of this State or

any other jurisdiction;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) (blank);

(4) (blank);

(5) (blank);

(6) (blank);

(7) attend and participate in any Program activities

deemed required by the Program administrator, such as:

counseling sessions, in-person and over the phone

check-ins, and educational classes; and

(8) (blank).

(f) The Program may, in addition to other conditions,

require that the defendant:

(1) obtain or attempt to obtain employment;

(2) attend educational courses designed to prepare the

defendant for obtaining a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program;

(3) refrain from having in his or her body the

presence of any illicit drug prohibited by the

Methamphetamine Control and Community Protection Act or

the Illinois Controlled Substances Act, unless prescribed

by a physician, and submit samples of his or her blood or

urine or both for tests to determine the presence of any

illicit drug;

(4) perform community service;

(5) pay all fines, assessments, fees, and costs; and

(6) comply with such other reasonable conditions as

the court may impose.

(g) There may be only one discharge and dismissal under

this Section. If a person is convicted of any offense which

occurred within 5 years subsequent to a discharge and

dismissal under this Section, the discharge and dismissal

under this Section shall be admissible in the sentencing

proceeding for that conviction as evidence in aggravation.

(h) For purposes of this Section, "violent offense" means

any offense in which bodily harm was inflicted or force was

used against any person or threatened against any person; any

offense involving the possession of a firearm or dangerous

weapon; any offense involving sexual conduct, sexual

penetration, or sexual exploitation; violation of an order of

protection, stalking, hate crime, domestic battery, or any

offense of domestic violence.

(i) (Blank).

(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22;

103-370, eff. 7-28-23.)

Section 99. Effective date. This Act takes effect January

1, 2025.

INDEX Statutes amended in order of appearance