Illinois 2023-2024 Regular Session

Illinois House Bill HB2357 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2357 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 Amends the Unified Code of Corrections. Provides that if a person commits a misdemeanor while armed with a firearm, the person shall be sentenced for a Class 4 felony. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a conviction for a felony committed while armed with a firearm. Provides that if a person is convicted of an offense while armed with a firearm and causes death or great bodily harm to another person with the firearm, the court shall impose an additional 15-year sentence upon the person, in addition to the sentence imposed for the offense. LRB103 27484 RLC 53856 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2357 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3 Amends the Unified Code of Corrections. Provides that if a person commits a misdemeanor while armed with a firearm, the person shall be sentenced for a Class 4 felony. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a conviction for a felony committed while armed with a firearm. Provides that if a person is convicted of an offense while armed with a firearm and causes death or great bodily harm to another person with the firearm, the court shall impose an additional 15-year sentence upon the person, in addition to the sentence imposed for the offense. LRB103 27484 RLC 53856 b LRB103 27484 RLC 53856 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2357 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
4	4	730 ILCS 5/5-4.5-95
5	5	730 ILCS 5/5-5-3
6	6	Amends the Unified Code of Corrections. Provides that if a person commits a misdemeanor while armed with a firearm, the person shall be sentenced for a Class 4 felony. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a conviction for a felony committed while armed with a firearm. Provides that if a person is convicted of an offense while armed with a firearm and causes death or great bodily harm to another person with the firearm, the court shall impose an additional 15-year sentence upon the person, in addition to the sentence imposed for the offense.
7	7	LRB103 27484 RLC 53856 b LRB103 27484 RLC 53856 b
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9	9	A BILL FOR
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11	11	HB2357 LRB103 27484 RLC 53856 b
12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Unified Code of Corrections is amended by
16	16	5 changing Sections 5-4.5-95 and 5-5-3 as follows:
17	17	6 (730 ILCS 5/5-4.5-95)
18	18	7 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
19	19	8 (a) HABITUAL CRIMINALS.
20	20	9 (1) Every person who has been twice convicted in any
21	21	10 state or federal court of an offense that contains the
22	22	11 same elements as an offense now (the date of the offense
23	23	12 committed after the 2 prior convictions) classified in
24	24	13 Illinois as a Class X felony, criminal sexual assault,
25	25	14 aggravated kidnapping, or first degree murder, and who is
26	26	15 thereafter convicted of a Class X felony, criminal sexual
27	27	16 assault, or first degree murder, committed after the 2
28	28	17 prior convictions, shall be adjudged an habitual criminal.
29	29	18 (2) The 2 prior convictions need not have been for the
30	30	19 same offense.
31	31	20 (3) Any convictions that result from or are connected
32	32	21 with the same transaction, or result from offenses
33	33	22 committed at the same time, shall be counted for the
34	34	23 purposes of this Section as one conviction.
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2357 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
39	39	730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
40	40	730 ILCS 5/5-4.5-95
41	41	730 ILCS 5/5-5-3
42	42	Amends the Unified Code of Corrections. Provides that if a person commits a misdemeanor while armed with a firearm, the person shall be sentenced for a Class 4 felony. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a conviction for a felony committed while armed with a firearm. Provides that if a person is convicted of an offense while armed with a firearm and causes death or great bodily harm to another person with the firearm, the court shall impose an additional 15-year sentence upon the person, in addition to the sentence imposed for the offense.
43	43	LRB103 27484 RLC 53856 b LRB103 27484 RLC 53856 b
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45	45	A BILL FOR
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51	51	730 ILCS 5/5-4.5-95
52	52	730 ILCS 5/5-5-3
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71	71	1 (4) This Section does not apply unless each of the
72	72	2 following requirements are satisfied:
73	73	3 (A) The third offense was committed after July 3,
74	74	4 1980.
75	75	5 (B) The third offense was committed within 20
76	76	6 years of the date that judgment was entered on the
77	77	7 first conviction; provided, however, that time spent
78	78	8 in custody shall not be counted.
79	79	9 (C) The third offense was committed after
80	80	10 conviction on the second offense.
81	81	11 (D) The second offense was committed after
82	82	12 conviction on the first offense.
83	83	13 (E) The first offense was committed when the
84	84	14 person was 21 years of age or older.
85	85	15 (5) Anyone who is adjudged an habitual criminal shall
86	86	16 be sentenced to a term of natural life imprisonment.
87	87	17 (6) A prior conviction shall not be alleged in the
88	88	18 indictment, and no evidence or other disclosure of that
89	89	19 conviction shall be presented to the court or the jury
90	90	20 during the trial of an offense set forth in this Section
91	91	21 unless otherwise permitted by the issues properly raised
92	92	22 in that trial. After a plea or verdict or finding of guilty
93	93	23 and before sentence is imposed, the prosecutor may file
94	94	24 with the court a verified written statement signed by the
95	95	25 State's Attorney concerning any former conviction of an
96	96	26 offense set forth in this Section rendered against the
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107	107	1 defendant. The court shall then cause the defendant to be
108	108	2 brought before it; shall inform the defendant of the
109	109	3 allegations of the statement so filed, and of his or her
110	110	4 right to a hearing before the court on the issue of that
111	111	5 former conviction and of his or her right to counsel at
112	112	6 that hearing; and unless the defendant admits such
113	113	7 conviction, shall hear and determine the issue, and shall
114	114	8 make a written finding thereon. If a sentence has
115	115	9 previously been imposed, the court may vacate that
116	116	10 sentence and impose a new sentence in accordance with this
117	117	11 Section.
118	118	12 (7) A duly authenticated copy of the record of any
119	119	13 alleged former conviction of an offense set forth in this
120	120	14 Section shall be prima facie evidence of that former
121	121	15 conviction; and a duly authenticated copy of the record of
122	122	16 the defendant's final release or discharge from probation
123	123	17 granted, or from sentence and parole supervision (if any)
124	124	18 imposed pursuant to that former conviction, shall be prima
125	125	19 facie evidence of that release or discharge.
126	126	20 (8) Any claim that a previous conviction offered by
127	127	21 the prosecution is not a former conviction of an offense
128	128	22 set forth in this Section because of the existence of any
129	129	23 exceptions described in this Section, is waived unless
130	130	24 duly raised at the hearing on that conviction, or unless
131	131	25 the prosecution's proof shows the existence of the
132	132	26 exceptions described in this Section.
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143	143	1 (9) If the person so convicted shows to the
144	144	2 satisfaction of the court before whom that conviction was
145	145	3 had that he or she was released from imprisonment, upon
146	146	4 either of the sentences upon a pardon granted for the
147	147	5 reason that he or she was innocent, that conviction and
148	148	6 sentence shall not be considered under this Section.
149	149	7 (b) When a defendant, over the age of 21 years, is
150	150	8 convicted of a Class 1 or Class 2 forcible felony after having
151	151	9 twice been convicted in any state or federal court of an
152	152	10 offense that contains the same elements as an offense now (the
153	153	11 date the Class 1 or Class 2 forcible felony was committed)
154	154	12 classified in Illinois as a Class 2 or greater Class forcible
155	155	13 felony and those charges are separately brought and tried and
156	156	14 arise out of different series of acts, that defendant shall be
157	157	15 sentenced as a Class X offender. This subsection does not
158	158	16 apply unless:
159	159	17 (1) the first forcible felony was committed after
160	160	18 February 1, 1978 (the effective date of Public Act
161	161	19 80-1099);
162	162	20 (2) the second forcible felony was committed after
163	163	21 conviction on the first;
164	164	22 (3) the third forcible felony was committed after
165	165	23 conviction on the second; and
166	166	24 (4) the first offense was committed when the person
167	167	25 was 21 years of age or older.
168	168	26 (c) (Blank).
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179	179	1 A person sentenced as a Class X offender under this
180	180	2 subsection (b) is not eligible to apply for treatment as a
181	181	3 condition of probation as provided by Section 40-10 of the
182	182	4 Substance Use Disorder Act (20 ILCS 301/40-10).
183	183	5 (d) If a person commits a misdemeanor while armed with a
184	184	6 firearm, the person shall be sentenced for a Class 4 felony.
185	185	7 (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
186	186	8 101-652, eff. 7-1-21.)
187	187	9 (730 ILCS 5/5-5-3)
188	188	10 Sec. 5-5-3. Disposition.
189	189	11 (a) (Blank).
190	190	12 (b) (Blank).
191	191	13 (c) (1) (Blank).
192	192	14 (2) A period of probation, a term of periodic imprisonment
193	193	15 or conditional discharge shall not be imposed for the
194	194	16 following offenses. The court shall sentence the offender to
195	195	17 not less than the minimum term of imprisonment set forth in
196	196	18 this Code for the following offenses, and may order a fine or
197	197	19 restitution or both in conjunction with such term of
198	198	20 imprisonment:
199	199	21 (A) First degree murder where the death penalty is not
200	200	22 imposed.
201	201	23 (B) Attempted first degree murder.
202	202	24 (C) A Class X felony.
203	203	25 (D) A violation of Section 401.1 or 407 of the
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214	214	1 Illinois Controlled Substances Act, or a violation of
215	215	2 subdivision (c)(1.5) of Section 401 of that Act which
216	216	3 relates to more than 5 grams of a substance containing
217	217	4 fentanyl or an analog thereof.
218	218	5 (D-5) A violation of subdivision (c)(1) of Section 401
219	219	6 of the Illinois Controlled Substances Act which relates to
220	220	7 3 or more grams of a substance containing heroin or an
221	221	8 analog thereof.
222	222	9 (E) (Blank).
223	223	10 (F) A Class 1 or greater felony if the offender had
224	224	11 been convicted of a Class 1 or greater felony, including
225	225	12 any state or federal conviction for an offense that
226	226	13 contained, at the time it was committed, the same elements
227	227	14 as an offense now (the date of the offense committed after
228	228	15 the prior Class 1 or greater felony) classified as a Class
229	229	16 1 or greater felony, within 10 years of the date on which
230	230	17 the offender committed the offense for which he or she is
231	231	18 being sentenced, except as otherwise provided in Section
232	232	19 40-10 of the Substance Use Disorder Act.
233	233	20 (F-3) A Class 2 or greater felony sex offense or
234	234	21 felony firearm offense if the offender had been convicted
235	235	22 of a Class 2 or greater felony, including any state or
236	236	23 federal conviction for an offense that contained, at the
237	237	24 time it was committed, the same elements as an offense now
238	238	25 (the date of the offense committed after the prior Class 2
239	239	26 or greater felony) classified as a Class 2 or greater
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250	250	1 felony, within 10 years of the date on which the offender
251	251	2 committed the offense for which he or she is being
252	252	3 sentenced, except as otherwise provided in Section 40-10
253	253	4 of the Substance Use Disorder Act.
254	254	5 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
255	255	6 of the Criminal Code of 1961 or the Criminal Code of 2012
256	256	7 for which imprisonment is prescribed in those Sections.
257	257	8 (G) Residential burglary, except as otherwise provided
258	258	9 in Section 40-10 of the Substance Use Disorder Act.
259	259	10 (H) Criminal sexual assault.
260	260	11 (I) Aggravated battery of a senior citizen as
261	261	12 described in Section 12-4.6 or subdivision (a)(4) of
262	262	13 Section 12-3.05 of the Criminal Code of 1961 or the
263	263	14 Criminal Code of 2012.
264	264	15 (J) A forcible felony if the offense was related to
265	265	16 the activities of an organized gang.
266	266	17 Before July 1, 1994, for the purposes of this
267	267	18 paragraph, "organized gang" means an association of 5 or
268	268	19 more persons, with an established hierarchy, that
269	269	20 encourages members of the association to perpetrate crimes
270	270	21 or provides support to the members of the association who
271	271	22 do commit crimes.
272	272	23 Beginning July 1, 1994, for the purposes of this
273	273	24 paragraph, "organized gang" has the meaning ascribed to it
274	274	25 in Section 10 of the Illinois Streetgang Terrorism Omnibus
275	275	26 Prevention Act.
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286	286	1 (K) Vehicular hijacking.
287	287	2 (L) A second or subsequent conviction for the offense
288	288	3 of hate crime when the underlying offense upon which the
289	289	4 hate crime is based is felony aggravated assault or felony
290	290	5 mob action.
291	291	6 (M) A second or subsequent conviction for the offense
292	292	7 of institutional vandalism if the damage to the property
293	293	8 exceeds $300.
294	294	9 (N) A Class 3 felony violation of paragraph (1) of
295	295	10 subsection (a) of Section 2 of the Firearm Owners
296	296	11 Identification Card Act.
297	297	12 (O) A violation of Section 12-6.1 or 12-6.5 of the
298	298	13 Criminal Code of 1961 or the Criminal Code of 2012.
299	299	14 (P) A violation of paragraph (1), (2), (3), (4), (5),
300	300	15 or (7) of subsection (a) of Section 11-20.1 of the
301	301	16 Criminal Code of 1961 or the Criminal Code of 2012.
302	302	17 (P-5) A violation of paragraph (6) of subsection (a)
303	303	18 of Section 11-20.1 of the Criminal Code of 1961 or the
304	304	19 Criminal Code of 2012 if the victim is a household or
305	305	20 family member of the defendant.
306	306	21 (Q) A violation of subsection (b) or (b-5) of Section
307	307	22 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
308	308	23 Code of 1961 or the Criminal Code of 2012.
309	309	24 (R) A violation of Section 24-3A of the Criminal Code
310	310	25 of 1961 or the Criminal Code of 2012.
311	311	26 (S) (Blank).
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322	322	1 (T) (Blank).
323	323	2 (U) A second or subsequent violation of Section 6-303
324	324	3 of the Illinois Vehicle Code committed while his or her
325	325	4 driver's license, permit, or privilege was revoked because
326	326	5 of a violation of Section 9-3 of the Criminal Code of 1961
327	327	6 or the Criminal Code of 2012, relating to the offense of
328	328	7 reckless homicide, or a similar provision of a law of
329	329	8 another state.
330	330	9 (V) A violation of paragraph (4) of subsection (c) of
331	331	10 Section 11-20.1B or paragraph (4) of subsection (c) of
332	332	11 Section 11-20.3 of the Criminal Code of 1961, or paragraph
333	333	12 (6) of subsection (a) of Section 11-20.1 of the Criminal
334	334	13 Code of 2012 when the victim is under 13 years of age and
335	335	14 the defendant has previously been convicted under the laws
336	336	15 of this State or any other state of the offense of child
337	337	16 pornography, aggravated child pornography, aggravated
338	338	17 criminal sexual abuse, aggravated criminal sexual assault,
339	339	18 predatory criminal sexual assault of a child, or any of
340	340	19 the offenses formerly known as rape, deviate sexual
341	341	20 assault, indecent liberties with a child, or aggravated
342	342	21 indecent liberties with a child where the victim was under
343	343	22 the age of 18 years or an offense that is substantially
344	344	23 equivalent to those offenses.
345	345	24 (W) A violation of Section 24-3.5 of the Criminal Code
346	346	25 of 1961 or the Criminal Code of 2012.
347	347	26 (X) A violation of subsection (a) of Section 31-1a of
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358	358	1 the Criminal Code of 1961 or the Criminal Code of 2012.
359	359	2 (Y) A conviction for unlawful possession of a firearm
360	360	3 by a street gang member when the firearm was loaded or
361	361	4 contained firearm ammunition.
362	362	5 (Z) A Class 1 felony committed while he or she was
363	363	6 serving a term of probation or conditional discharge for a
364	364	7 felony.
365	365	8 (AA) Theft of property exceeding $500,000 and not
366	366	9 exceeding $1,000,000 in value.
367	367	10 (BB) Laundering of criminally derived property of a
368	368	11 value exceeding $500,000.
369	369	12 (CC) Knowingly selling, offering for sale, holding for
370	370	13 sale, or using 2,000 or more counterfeit items or
371	371	14 counterfeit items having a retail value in the aggregate
372	372	15 of $500,000 or more.
373	373	16 (DD) A conviction for aggravated assault under
374	374	17 paragraph (6) of subsection (c) of Section 12-2 of the
375	375	18 Criminal Code of 1961 or the Criminal Code of 2012 if the
376	376	19 firearm is aimed toward the person against whom the
377	377	20 firearm is being used.
378	378	21 (EE) A conviction for a violation of paragraph (2) of
379	379	22 subsection (a) of Section 24-3B of the Criminal Code of
380	380	23 2012.
381	381	24 (FF) A conviction for a felony committed while armed
382	382	25 with a firearm.
383	383	26 (3) (Blank).
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394	394	1 (4) A minimum term of imprisonment of not less than 10
395	395	2 consecutive days or 30 days of community service shall be
396	396	3 imposed for a violation of paragraph (c) of Section 6-303 of
397	397	4 the Illinois Vehicle Code.
398	398	5 (4.1) (Blank).
399	399	6 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
400	400	7 this subsection (c), a minimum of 100 hours of community
401	401	8 service shall be imposed for a second violation of Section
402	402	9 6-303 of the Illinois Vehicle Code.
403	403	10 (4.3) A minimum term of imprisonment of 30 days or 300
404	404	11 hours of community service, as determined by the court, shall
405	405	12 be imposed for a second violation of subsection (c) of Section
406	406	13 6-303 of the Illinois Vehicle Code.
407	407	14 (4.4) Except as provided in paragraphs (4.5), (4.6), and
408	408	15 (4.9) of this subsection (c), a minimum term of imprisonment
409	409	16 of 30 days or 300 hours of community service, as determined by
410	410	17 the court, shall be imposed for a third or subsequent
411	411	18 violation of Section 6-303 of the Illinois Vehicle Code. The
412	412	19 court may give credit toward the fulfillment of community
413	413	20 service hours for participation in activities and treatment as
414	414	21 determined by court services.
415	415	22 (4.5) A minimum term of imprisonment of 30 days shall be
416	416	23 imposed for a third violation of subsection (c) of Section
417	417	24 6-303 of the Illinois Vehicle Code.
418	418	25 (4.6) Except as provided in paragraph (4.10) of this
419	419	26 subsection (c), a minimum term of imprisonment of 180 days
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430	430	1 shall be imposed for a fourth or subsequent violation of
431	431	2 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
432	432	3 (4.7) A minimum term of imprisonment of not less than 30
433	433	4 consecutive days, or 300 hours of community service, shall be
434	434	5 imposed for a violation of subsection (a-5) of Section 6-303
435	435	6 of the Illinois Vehicle Code, as provided in subsection (b-5)
436	436	7 of that Section.
437	437	8 (4.8) A mandatory prison sentence shall be imposed for a
438	438	9 second violation of subsection (a-5) of Section 6-303 of the
439	439	10 Illinois Vehicle Code, as provided in subsection (c-5) of that
440	440	11 Section. The person's driving privileges shall be revoked for
441	441	12 a period of not less than 5 years from the date of his or her
442	442	13 release from prison.
443	443	14 (4.9) A mandatory prison sentence of not less than 4 and
444	444	15 not more than 15 years shall be imposed for a third violation
445	445	16 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
446	446	17 Code, as provided in subsection (d-2.5) of that Section. The
447	447	18 person's driving privileges shall be revoked for the remainder
448	448	19 of his or her life.
449	449	20 (4.10) A mandatory prison sentence for a Class 1 felony
450	450	21 shall be imposed, and the person shall be eligible for an
451	451	22 extended term sentence, for a fourth or subsequent violation
452	452	23 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
453	453	24 Code, as provided in subsection (d-3.5) of that Section. The
454	454	25 person's driving privileges shall be revoked for the remainder
455	455	26 of his or her life.
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465	465	HB2357 - 13 - LRB103 27484 RLC 53856 b
466	466	1 (5) The court may sentence a corporation or unincorporated
467	467	2 association convicted of any offense to:
468	468	3 (A) a period of conditional discharge;
469	469	4 (B) a fine;
470	470	5 (C) make restitution to the victim under Section 5-5-6
471	471	6 of this Code.
472	472	7 (5.1) In addition to any other penalties imposed, and
473	473	8 except as provided in paragraph (5.2) or (5.3), a person
474	474	9 convicted of violating subsection (c) of Section 11-907 of the
475	475	10 Illinois Vehicle Code shall have his or her driver's license,
476	476	11 permit, or privileges suspended for at least 90 days but not
477	477	12 more than one year, if the violation resulted in damage to the
478	478	13 property of another person.
479	479	14 (5.2) In addition to any other penalties imposed, and
480	480	15 except as provided in paragraph (5.3), a person convicted of
481	481	16 violating subsection (c) of Section 11-907 of the Illinois
482	482	17 Vehicle Code shall have his or her driver's license, permit,
483	483	18 or privileges suspended for at least 180 days but not more than
484	484	19 2 years, if the violation resulted in injury to another
485	485	20 person.
486	486	21 (5.3) In addition to any other penalties imposed, a person
487	487	22 convicted of violating subsection (c) of Section 11-907 of the
488	488	23 Illinois Vehicle Code shall have his or her driver's license,
489	489	24 permit, or privileges suspended for 2 years, if the violation
490	490	25 resulted in the death of another person.
491	491	26 (5.4) In addition to any other penalties imposed, a person
492	492
493	493
494	494
495	495
496	496
497	497	HB2357 - 13 - LRB103 27484 RLC 53856 b
498	498
499	499
500	500	HB2357- 14 -LRB103 27484 RLC 53856 b HB2357 - 14 - LRB103 27484 RLC 53856 b
501	501	HB2357 - 14 - LRB103 27484 RLC 53856 b
502	502	1 convicted of violating Section 3-707 of the Illinois Vehicle
503	503	2 Code shall have his or her driver's license, permit, or
504	504	3 privileges suspended for 3 months and until he or she has paid
505	505	4 a reinstatement fee of $100.
506	506	5 (5.5) In addition to any other penalties imposed, a person
507	507	6 convicted of violating Section 3-707 of the Illinois Vehicle
508	508	7 Code during a period in which his or her driver's license,
509	509	8 permit, or privileges were suspended for a previous violation
510	510	9 of that Section shall have his or her driver's license,
511	511	10 permit, or privileges suspended for an additional 6 months
512	512	11 after the expiration of the original 3-month suspension and
513	513	12 until he or she has paid a reinstatement fee of $100.
514	514	13 (6) (Blank).
515	515	14 (7) (Blank).
516	516	15 (8) (Blank).
517	517	16 (9) A defendant convicted of a second or subsequent
518	518	17 offense of ritualized abuse of a child may be sentenced to a
519	519	18 term of natural life imprisonment.
520	520	19 (10) (Blank).
521	521	20 (11) The court shall impose a minimum fine of $1,000 for a
522	522	21 first offense and $2,000 for a second or subsequent offense
523	523	22 upon a person convicted of or placed on supervision for
524	524	23 battery when the individual harmed was a sports official or
525	525	24 coach at any level of competition and the act causing harm to
526	526	25 the sports official or coach occurred within an athletic
527	527	26 facility or within the immediate vicinity of the athletic
528	528
529	529
530	530
531	531
532	532
533	533	HB2357 - 14 - LRB103 27484 RLC 53856 b
534	534
535	535
536	536	HB2357- 15 -LRB103 27484 RLC 53856 b HB2357 - 15 - LRB103 27484 RLC 53856 b
537	537	HB2357 - 15 - LRB103 27484 RLC 53856 b
538	538	1 facility at which the sports official or coach was an active
539	539	2 participant of the athletic contest held at the athletic
540	540	3 facility. For the purposes of this paragraph (11), "sports
541	541	4 official" means a person at an athletic contest who enforces
542	542	5 the rules of the contest, such as an umpire or referee;
543	543	6 "athletic facility" means an indoor or outdoor playing field
544	544	7 or recreational area where sports activities are conducted;
545	545	8 and "coach" means a person recognized as a coach by the
546	546	9 sanctioning authority that conducted the sporting event.
547	547	10 (12) A person may not receive a disposition of court
548	548	11 supervision for a violation of Section 5-16 of the Boat
549	549	12 Registration and Safety Act if that person has previously
550	550	13 received a disposition of court supervision for a violation of
551	551	14 that Section.
552	552	15 (13) A person convicted of or placed on court supervision
553	553	16 for an assault or aggravated assault when the victim and the
554	554	17 offender are family or household members as defined in Section
555	555	18 103 of the Illinois Domestic Violence Act of 1986 or convicted
556	556	19 of domestic battery or aggravated domestic battery may be
557	557	20 required to attend a Partner Abuse Intervention Program under
558	558	21 protocols set forth by the Illinois Department of Human
559	559	22 Services under such terms and conditions imposed by the court.
560	560	23 The costs of such classes shall be paid by the offender.
561	561	24 (14) If a person is convicted of an offense while armed
562	562	25 with a firearm and causes death or great bodily harm to another
563	563	26 person with the firearm, the court shall impose an additional
564	564
565	565
566	566
567	567
568	568
569	569	HB2357 - 15 - LRB103 27484 RLC 53856 b
570	570
571	571
572	572	HB2357- 16 -LRB103 27484 RLC 53856 b HB2357 - 16 - LRB103 27484 RLC 53856 b
573	573	HB2357 - 16 - LRB103 27484 RLC 53856 b
574	574	1 15-year sentence upon the person, in addition to the sentence
575	575	2 imposed for the offense.
576	576	3 (d) In any case in which a sentence originally imposed is
577	577	4 vacated, the case shall be remanded to the trial court. The
578	578	5 trial court shall hold a hearing under Section 5-4-1 of this
579	579	6 Code which may include evidence of the defendant's life, moral
580	580	7 character and occupation during the time since the original
581	581	8 sentence was passed. The trial court shall then impose
582	582	9 sentence upon the defendant. The trial court may impose any
583	583	10 sentence which could have been imposed at the original trial
584	584	11 subject to Section 5-5-4 of this Code. If a sentence is vacated
585	585	12 on appeal or on collateral attack due to the failure of the
586	586	13 trier of fact at trial to determine beyond a reasonable doubt
587	587	14 the existence of a fact (other than a prior conviction)
588	588	15 necessary to increase the punishment for the offense beyond
589	589	16 the statutory maximum otherwise applicable, either the
590	590	17 defendant may be re-sentenced to a term within the range
591	591	18 otherwise provided or, if the State files notice of its
592	592	19 intention to again seek the extended sentence, the defendant
593	593	20 shall be afforded a new trial.
594	594	21 (e) In cases where prosecution for aggravated criminal
595	595	22 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
596	596	23 Code of 1961 or the Criminal Code of 2012 results in conviction
597	597	24 of a defendant who was a family member of the victim at the
598	598	25 time of the commission of the offense, the court shall
599	599	26 consider the safety and welfare of the victim and may impose a
600	600
601	601
602	602
603	603
604	604
605	605	HB2357 - 16 - LRB103 27484 RLC 53856 b
606	606
607	607
608	608	HB2357- 17 -LRB103 27484 RLC 53856 b HB2357 - 17 - LRB103 27484 RLC 53856 b
609	609	HB2357 - 17 - LRB103 27484 RLC 53856 b
610	610	1 sentence of probation only where:
611	611	2 (1) the court finds (A) or (B) or both are
612	612	3 appropriate:
613	613	4 (A) the defendant is willing to undergo a court
614	614	5 approved counseling program for a minimum duration of
615	615	6 2 years; or
616	616	7 (B) the defendant is willing to participate in a
617	617	8 court approved plan, including, but not limited to,
618	618	9 the defendant's:
619	619	10 (i) removal from the household;
620	620	11 (ii) restricted contact with the victim;
621	621	12 (iii) continued financial support of the
622	622	13 family;
623	623	14 (iv) restitution for harm done to the victim;
624	624	15 and
625	625	16 (v) compliance with any other measures that
626	626	17 the court may deem appropriate; and
627	627	18 (2) the court orders the defendant to pay for the
628	628	19 victim's counseling services, to the extent that the court
629	629	20 finds, after considering the defendant's income and
630	630	21 assets, that the defendant is financially capable of
631	631	22 paying for such services, if the victim was under 18 years
632	632	23 of age at the time the offense was committed and requires
633	633	24 counseling as a result of the offense.
634	634	25 Probation may be revoked or modified pursuant to Section
635	635	26 5-6-4; except where the court determines at the hearing that
636	636
637	637
638	638
639	639
640	640
641	641	HB2357 - 17 - LRB103 27484 RLC 53856 b
642	642
643	643
644	644	HB2357- 18 -LRB103 27484 RLC 53856 b HB2357 - 18 - LRB103 27484 RLC 53856 b
645	645	HB2357 - 18 - LRB103 27484 RLC 53856 b
646	646	1 the defendant violated a condition of his or her probation
647	647	2 restricting contact with the victim or other family members or
648	648	3 commits another offense with the victim or other family
649	649	4 members, the court shall revoke the defendant's probation and
650	650	5 impose a term of imprisonment.
651	651	6 For the purposes of this Section, "family member" and
652	652	7 "victim" shall have the meanings ascribed to them in Section
653	653	8 11-0.1 of the Criminal Code of 2012.
654	654	9 (f) (Blank).
655	655	10 (g) Whenever a defendant is convicted of an offense under
656	656	11 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
657	657	12 11-14.3, 11-14.4 except for an offense that involves keeping a
658	658	13 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
659	659	14 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
660	660	15 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
661	661	16 Criminal Code of 2012, the defendant shall undergo medical
662	662	17 testing to determine whether the defendant has any sexually
663	663	18 transmissible disease, including a test for infection with
664	664	19 human immunodeficiency virus (HIV) or any other identified
665	665	20 causative agent of acquired immunodeficiency syndrome (AIDS).
666	666	21 Any such medical test shall be performed only by appropriately
667	667	22 licensed medical practitioners and may include an analysis of
668	668	23 any bodily fluids as well as an examination of the defendant's
669	669	24 person. Except as otherwise provided by law, the results of
670	670	25 such test shall be kept strictly confidential by all medical
671	671	26 personnel involved in the testing and must be personally
672	672
673	673
674	674
675	675
676	676
677	677	HB2357 - 18 - LRB103 27484 RLC 53856 b
678	678
679	679
680	680	HB2357- 19 -LRB103 27484 RLC 53856 b HB2357 - 19 - LRB103 27484 RLC 53856 b
681	681	HB2357 - 19 - LRB103 27484 RLC 53856 b
682	682	1 delivered in a sealed envelope to the judge of the court in
683	683	2 which the conviction was entered for the judge's inspection in
684	684	3 camera. Acting in accordance with the best interests of the
685	685	4 victim and the public, the judge shall have the discretion to
686	686	5 determine to whom, if anyone, the results of the testing may be
687	687	6 revealed. The court shall notify the defendant of the test
688	688	7 results. The court shall also notify the victim if requested
689	689	8 by the victim, and if the victim is under the age of 15 and if
690	690	9 requested by the victim's parents or legal guardian, the court
691	691	10 shall notify the victim's parents or legal guardian of the
692	692	11 test results. The court shall provide information on the
693	693	12 availability of HIV testing and counseling at Department of
694	694	13 Public Health facilities to all parties to whom the results of
695	695	14 the testing are revealed and shall direct the State's Attorney
696	696	15 to provide the information to the victim when possible. The
697	697	16 court shall order that the cost of any such test shall be paid
698	698	17 by the county and may be taxed as costs against the convicted
699	699	18 defendant.
700	700	19 (g-5) When an inmate is tested for an airborne
701	701	20 communicable disease, as determined by the Illinois Department
702	702	21 of Public Health, including, but not limited to, tuberculosis,
703	703	22 the results of the test shall be personally delivered by the
704	704	23 warden or his or her designee in a sealed envelope to the judge
705	705	24 of the court in which the inmate must appear for the judge's
706	706	25 inspection in camera if requested by the judge. Acting in
707	707	26 accordance with the best interests of those in the courtroom,
708	708
709	709
710	710
711	711
712	712
713	713	HB2357 - 19 - LRB103 27484 RLC 53856 b
714	714
715	715
716	716	HB2357- 20 -LRB103 27484 RLC 53856 b HB2357 - 20 - LRB103 27484 RLC 53856 b
717	717	HB2357 - 20 - LRB103 27484 RLC 53856 b
718	718	1 the judge shall have the discretion to determine what if any
719	719	2 precautions need to be taken to prevent transmission of the
720	720	3 disease in the courtroom.
721	721	4 (h) Whenever a defendant is convicted of an offense under
722	722	5 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
723	723	6 defendant shall undergo medical testing to determine whether
724	724	7 the defendant has been exposed to human immunodeficiency virus
725	725	8 (HIV) or any other identified causative agent of acquired
726	726	9 immunodeficiency syndrome (AIDS). Except as otherwise provided
727	727	10 by law, the results of such test shall be kept strictly
728	728	11 confidential by all medical personnel involved in the testing
729	729	12 and must be personally delivered in a sealed envelope to the
730	730	13 judge of the court in which the conviction was entered for the
731	731	14 judge's inspection in camera. Acting in accordance with the
732	732	15 best interests of the public, the judge shall have the
733	733	16 discretion to determine to whom, if anyone, the results of the
734	734	17 testing may be revealed. The court shall notify the defendant
735	735	18 of a positive test showing an infection with the human
736	736	19 immunodeficiency virus (HIV). The court shall provide
737	737	20 information on the availability of HIV testing and counseling
738	738	21 at Department of Public Health facilities to all parties to
739	739	22 whom the results of the testing are revealed and shall direct
740	740	23 the State's Attorney to provide the information to the victim
741	741	24 when possible. The court shall order that the cost of any such
742	742	25 test shall be paid by the county and may be taxed as costs
743	743	26 against the convicted defendant.
744	744
745	745
746	746
747	747
748	748
749	749	HB2357 - 20 - LRB103 27484 RLC 53856 b
750	750
751	751
752	752	HB2357- 21 -LRB103 27484 RLC 53856 b HB2357 - 21 - LRB103 27484 RLC 53856 b
753	753	HB2357 - 21 - LRB103 27484 RLC 53856 b
754	754	1 (i) All fines and penalties imposed under this Section for
755	755	2 any violation of Chapters 3, 4, 6, and 11 of the Illinois
756	756	3 Vehicle Code, or a similar provision of a local ordinance, and
757	757	4 any violation of the Child Passenger Protection Act, or a
758	758	5 similar provision of a local ordinance, shall be collected and
759	759	6 disbursed by the circuit clerk as provided under the Criminal
760	760	7 and Traffic Assessment Act.
761	761	8 (j) In cases when prosecution for any violation of Section
762	762	9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
763	763	10 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
764	764	11 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
765	765	12 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
766	766	13 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
767	767	14 Code of 2012, any violation of the Illinois Controlled
768	768	15 Substances Act, any violation of the Cannabis Control Act, or
769	769	16 any violation of the Methamphetamine Control and Community
770	770	17 Protection Act results in conviction, a disposition of court
771	771	18 supervision, or an order of probation granted under Section 10
772	772	19 of the Cannabis Control Act, Section 410 of the Illinois
773	773	20 Controlled Substances Act, or Section 70 of the
774	774	21 Methamphetamine Control and Community Protection Act of a
775	775	22 defendant, the court shall determine whether the defendant is
776	776	23 employed by a facility or center as defined under the Child
777	777	24 Care Act of 1969, a public or private elementary or secondary
778	778	25 school, or otherwise works with children under 18 years of age
779	779	26 on a daily basis. When a defendant is so employed, the court
780	780
781	781
782	782
783	783
784	784
785	785	HB2357 - 21 - LRB103 27484 RLC 53856 b
786	786
787	787
788	788	HB2357- 22 -LRB103 27484 RLC 53856 b HB2357 - 22 - LRB103 27484 RLC 53856 b
789	789	HB2357 - 22 - LRB103 27484 RLC 53856 b
790	790	1 shall order the Clerk of the Court to send a copy of the
791	791	2 judgment of conviction or order of supervision or probation to
792	792	3 the defendant's employer by certified mail. If the employer of
793	793	4 the defendant is a school, the Clerk of the Court shall direct
794	794	5 the mailing of a copy of the judgment of conviction or order of
795	795	6 supervision or probation to the appropriate regional
796	796	7 superintendent of schools. The regional superintendent of
797	797	8 schools shall notify the State Board of Education of any
798	798	9 notification under this subsection.
799	799	10 (j-5) A defendant at least 17 years of age who is convicted
800	800	11 of a felony and who has not been previously convicted of a
801	801	12 misdemeanor or felony and who is sentenced to a term of
802	802	13 imprisonment in the Illinois Department of Corrections shall
803	803	14 as a condition of his or her sentence be required by the court
804	804	15 to attend educational courses designed to prepare the
805	805	16 defendant for a high school diploma and to work toward a high
806	806	17 school diploma or to work toward passing high school
807	807	18 equivalency testing or to work toward completing a vocational
808	808	19 training program offered by the Department of Corrections. If
809	809	20 a defendant fails to complete the educational training
810	810	21 required by his or her sentence during the term of
811	811	22 incarceration, the Prisoner Review Board shall, as a condition
812	812	23 of mandatory supervised release, require the defendant, at his
813	813	24 or her own expense, to pursue a course of study toward a high
814	814	25 school diploma or passage of high school equivalency testing.
815	815	26 The Prisoner Review Board shall revoke the mandatory
816	816
817	817
818	818
819	819
820	820
821	821	HB2357 - 22 - LRB103 27484 RLC 53856 b
822	822
823	823
824	824	HB2357- 23 -LRB103 27484 RLC 53856 b HB2357 - 23 - LRB103 27484 RLC 53856 b
825	825	HB2357 - 23 - LRB103 27484 RLC 53856 b
826	826	1 supervised release of a defendant who wilfully fails to comply
827	827	2 with this subsection (j-5) upon his or her release from
828	828	3 confinement in a penal institution while serving a mandatory
829	829	4 supervised release term; however, the inability of the
830	830	5 defendant after making a good faith effort to obtain financial
831	831	6 aid or pay for the educational training shall not be deemed a
832	832	7 wilful failure to comply. The Prisoner Review Board shall
833	833	8 recommit the defendant whose mandatory supervised release term
834	834	9 has been revoked under this subsection (j-5) as provided in
835	835	10 Section 3-3-9. This subsection (j-5) does not apply to a
836	836	11 defendant who has a high school diploma or has successfully
837	837	12 passed high school equivalency testing. This subsection (j-5)
838	838	13 does not apply to a defendant who is determined by the court to
839	839	14 be a person with a developmental disability or otherwise
840	840	15 mentally incapable of completing the educational or vocational
841	841	16 program.
842	842	17 (k) (Blank).
843	843	18 (l) (A) Except as provided in paragraph (C) of subsection
844	844	19 (l), whenever a defendant, who is not a citizen or national of
845	845	20 the United States, is convicted of any felony or misdemeanor
846	846	21 offense, the court after sentencing the defendant may, upon
847	847	22 motion of the State's Attorney, hold sentence in abeyance and
848	848	23 remand the defendant to the custody of the Attorney General of
849	849	24 the United States or his or her designated agent to be deported
850	850	25 when:
851	851	26 (1) a final order of deportation has been issued
852	852
853	853
854	854
855	855
856	856
857	857	HB2357 - 23 - LRB103 27484 RLC 53856 b
858	858
859	859
860	860	HB2357- 24 -LRB103 27484 RLC 53856 b HB2357 - 24 - LRB103 27484 RLC 53856 b
861	861	HB2357 - 24 - LRB103 27484 RLC 53856 b
862	862	1 against the defendant pursuant to proceedings under the
863	863	2 Immigration and Nationality Act, and
864	864	3 (2) the deportation of the defendant would not
865	865	4 deprecate the seriousness of the defendant's conduct and
866	866	5 would not be inconsistent with the ends of justice.
867	867	6 Otherwise, the defendant shall be sentenced as provided in
868	868	7 this Chapter V.
869	869	8 (B) If the defendant has already been sentenced for a
870	870	9 felony or misdemeanor offense, or has been placed on probation
871	871	10 under Section 10 of the Cannabis Control Act, Section 410 of
872	872	11 the Illinois Controlled Substances Act, or Section 70 of the
873	873	12 Methamphetamine Control and Community Protection Act, the
874	874	13 court may, upon motion of the State's Attorney to suspend the
875	875	14 sentence imposed, commit the defendant to the custody of the
876	876	15 Attorney General of the United States or his or her designated
877	877	16 agent when:
878	878	17 (1) a final order of deportation has been issued
879	879	18 against the defendant pursuant to proceedings under the
880	880	19 Immigration and Nationality Act, and
881	881	20 (2) the deportation of the defendant would not
882	882	21 deprecate the seriousness of the defendant's conduct and
883	883	22 would not be inconsistent with the ends of justice.
884	884	23 (C) This subsection (l) does not apply to offenders who
885	885	24 are subject to the provisions of paragraph (2) of subsection
886	886	25 (a) of Section 3-6-3.
887	887	26 (D) Upon motion of the State's Attorney, if a defendant
888	888
889	889
890	890
891	891
892	892
893	893	HB2357 - 24 - LRB103 27484 RLC 53856 b
894	894
895	895
896	896	HB2357- 25 -LRB103 27484 RLC 53856 b HB2357 - 25 - LRB103 27484 RLC 53856 b
897	897	HB2357 - 25 - LRB103 27484 RLC 53856 b
898	898	1 sentenced under this Section returns to the jurisdiction of
899	899	2 the United States, the defendant shall be recommitted to the
900	900	3 custody of the county from which he or she was sentenced.
901	901	4 Thereafter, the defendant shall be brought before the
902	902	5 sentencing court, which may impose any sentence that was
903	903	6 available under Section 5-5-3 at the time of initial
904	904	7 sentencing. In addition, the defendant shall not be eligible
905	905	8 for additional earned sentence credit as provided under
906	906	9 Section 3-6-3.
907	907	10 (m) A person convicted of criminal defacement of property
908	908	11 under Section 21-1.3 of the Criminal Code of 1961 or the
909	909	12 Criminal Code of 2012, in which the property damage exceeds
910	910	13 $300 and the property damaged is a school building, shall be
911	911	14 ordered to perform community service that may include cleanup,
912	912	15 removal, or painting over the defacement.
913	913	16 (n) The court may sentence a person convicted of a
914	914	17 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
915	915	18 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
916	916	19 of 1961 or the Criminal Code of 2012 (i) to an impact
917	917	20 incarceration program if the person is otherwise eligible for
918	918	21 that program under Section 5-8-1.1, (ii) to community service,
919	919	22 or (iii) if the person has a substance use disorder, as defined
920	920	23 in the Substance Use Disorder Act, to a treatment program
921	921	24 licensed under that Act.
922	922	25 (o) Whenever a person is convicted of a sex offense as
923	923	26 defined in Section 2 of the Sex Offender Registration Act, the
924	924
925	925
926	926
927	927
928	928
929	929	HB2357 - 25 - LRB103 27484 RLC 53856 b
930	930
931	931
932	932	HB2357- 26 -LRB103 27484 RLC 53856 b HB2357 - 26 - LRB103 27484 RLC 53856 b
933	933	HB2357 - 26 - LRB103 27484 RLC 53856 b
934	934	1 defendant's driver's license or permit shall be subject to
935	935	2 renewal on an annual basis in accordance with the provisions
936	936	3 of license renewal established by the Secretary of State.
937	937	4 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
938	938	5 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
939	939	6 5-27-22.)
940	940
941	941
942	942
943	943
944	944
945	945	HB2357 - 26 - LRB103 27484 RLC 53856 b