Illinois 2023-2024 Regular Session

Illinois House Bill HB2578 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 HB2578 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. LRB103 29579 RLC 55974 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2578 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3 Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. LRB103 29579 RLC 55974 b LRB103 29579 RLC 55974 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2578 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
4	4	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
5	5	720 ILCS 5/24-3 from Ch. 38, par. 24-3
6	6	730 ILCS 5/5-4.5-95
7	7	730 ILCS 5/5-5-3
8	8	Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
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13	13	HB2578 LRB103 29579 RLC 55974 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Criminal Code of 2012 is amended by
18	18	5 changing Sections 24-1.1 and 24-3 as follows:
19	19	6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
20	20	7 Sec. 24-1.1. Unlawful use or possession of weapons by
21	21	8 felons or persons in the custody of the Department of
22	22	9 Corrections facilities.
23	23	10 (a) It is unlawful for a person to knowingly possess on or
24	24	11 about his person or on his land or in his own abode or fixed
25	25	12 place of business any weapon prohibited under Section 24-1 of
26	26	13 this Act or any firearm or any firearm ammunition if the person
27	27	14 has been convicted of a felony under the laws of this State or
28	28	15 any other jurisdiction. This Section shall not apply if the
29	29	16 person has been granted relief by the Director of the Illinois
30	30	17 State Police under Section 10 of the Firearm Owners
31	31	18 Identification Card Act.
32	32	19 (b) It is unlawful for any person confined in a penal
33	33	20 institution, which is a facility of the Illinois Department of
34	34	21 Corrections, to possess any weapon prohibited under Section
35	35	22 24-1 of this Code or any firearm or firearm ammunition,
36	36	23 regardless of the intent with which he possesses it.
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2578 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
41	41	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
42	42	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
43	43	720 ILCS 5/24-3 from Ch. 38, par. 24-3
44	44	730 ILCS 5/5-4.5-95
45	45	730 ILCS 5/5-5-3
46	46	Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
47	47	LRB103 29579 RLC 55974 b LRB103 29579 RLC 55974 b
48	48	LRB103 29579 RLC 55974 b
49	49	A BILL FOR
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55	55	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
56	56	720 ILCS 5/24-3 from Ch. 38, par. 24-3
57	57	730 ILCS 5/5-4.5-95
58	58	730 ILCS 5/5-5-3
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77	77	1 (c) It shall be an affirmative defense to a violation of
78	78	2 subsection (b), that such possession was specifically
79	79	3 authorized by rule, regulation, or directive of the Illinois
80	80	4 Department of Corrections or order issued pursuant thereto.
81	81	5 (d) The defense of necessity is not available to a person
82	82	6 who is charged with a violation of subsection (b) of this
83	83	7 Section.
84	84	8 (e) Sentence. Violation of this Section by a person not
85	85	9 confined in a penal institution shall be a Class 1 3 felony for
86	86	10 which the person shall be sentenced to no less than 4 2 years
87	87	11 and no more than 15 10 years. A second or subsequent violation
88	88	12 of this Section shall be a Class X 2 felony for which the
89	89	13 person shall be sentenced to a term of imprisonment of not less
90	90	14 than 6 3 years and not more than 30 14 years, except as
91	91	15 provided for in Section 5-4.5-110 of the Unified Code of
92	92	16 Corrections. Violation of this Section by a person not
93	93	17 confined in a penal institution who has been convicted of a
94	94	18 forcible felony, a felony violation of Article 24 of this Code
95	95	19 or of the Firearm Owners Identification Card Act, stalking or
96	96	20 aggravated stalking, or a Class 2 or greater felony under the
97	97	21 Illinois Controlled Substances Act, the Cannabis Control Act,
98	98	22 or the Methamphetamine Control and Community Protection Act is
99	99	23 a Class X 2 felony for which the person shall be sentenced to
100	100	24 not less than 6 3 years and not more than 30 14 years, except
101	101	25 as provided for in Section 5-4.5-110 of the Unified Code of
102	102	26 Corrections. Violation of this Section by a person who is on
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113	113	1 parole or mandatory supervised release is a Class X 2 felony
114	114	2 for which the person shall be sentenced to not less than 6 3
115	115	3 years and not more than 30 14 years, except as provided for in
116	116	4 Section 5-4.5-110 of the Unified Code of Corrections.
117	117	5 Violation of this Section by a person not confined in a penal
118	118	6 institution is a Class X felony when the firearm possessed is a
119	119	7 machine gun for which the person shall be sentenced to no less
120	120	8 than 10 years and no more than 60 years. Any person who
121	121	9 violates this Section while confined in a penal institution,
122	122	10 which is a facility of the Illinois Department of Corrections,
123	123	11 is guilty of a Class 1 felony, if he possesses any weapon
124	124	12 prohibited under Section 24-1 of this Code regardless of the
125	125	13 intent with which he possesses it, a Class X felony if he
126	126	14 possesses any firearm, firearm ammunition or explosive, and a
127	127	15 Class X felony for which the offender shall be sentenced to not
128	128	16 less than 12 years and not more than 50 years when the firearm
129	129	17 possessed is a machine gun. A violation of this Section while
130	130	18 wearing or in possession of body armor as defined in Section
131	131	19 33F-1 is a Class X felony punishable by a term of imprisonment
132	132	20 of not less than 10 years and not more than 60 40 years. The
133	133	21 possession of each firearm or firearm ammunition in violation
134	134	22 of this Section constitutes a single and separate violation.
135	135	23 (Source: P.A. 102-538, eff. 8-20-21.)
136	136	24 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
137	137	25 Sec. 24-3. Unlawful sale or delivery of firearms.
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148	148	1 (A) A person commits the offense of unlawful sale or
149	149	2 delivery of firearms when he or she knowingly does any of the
150	150	3 following:
151	151	4 (a) Sells or gives any firearm of a size which may be
152	152	5 concealed upon the person to any person under 18 years of
153	153	6 age.
154	154	7 (b) Sells or gives any firearm to a person under 21
155	155	8 years of age who has been convicted of a misdemeanor other
156	156	9 than a traffic offense or adjudged delinquent.
157	157	10 (c) Sells or gives any firearm to any narcotic addict.
158	158	11 (d) Sells or gives any firearm to any person who has
159	159	12 been convicted of a felony under the laws of this or any
160	160	13 other jurisdiction.
161	161	14 (e) Sells or gives any firearm to any person who has
162	162	15 been a patient in a mental institution within the past 5
163	163	16 years. In this subsection (e):
164	164	17 "Mental institution" means any hospital,
165	165	18 institution, clinic, evaluation facility, mental
166	166	19 health center, or part thereof, which is used
167	167	20 primarily for the care or treatment of persons with
168	168	21 mental illness.
169	169	22 "Patient in a mental institution" means the person
170	170	23 was admitted, either voluntarily or involuntarily, to
171	171	24 a mental institution for mental health treatment,
172	172	25 unless the treatment was voluntary and solely for an
173	173	26 alcohol abuse disorder and no other secondary
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184	184	1 substance abuse disorder or mental illness.
185	185	2 (f) Sells or gives any firearms to any person who is a
186	186	3 person with an intellectual disability.
187	187	4 (g) Delivers any firearm, incidental to a sale,
188	188	5 without withholding delivery of the firearm for at least
189	189	6 72 hours after application for its purchase has been made,
190	190	7 or delivers a stun gun or taser, incidental to a sale,
191	191	8 without withholding delivery of the stun gun or taser for
192	192	9 at least 24 hours after application for its purchase has
193	193	10 been made. However, this paragraph (g) does not apply to:
194	194	11 (1) the sale of a firearm to a law enforcement officer if
195	195	12 the seller of the firearm knows that the person to whom he
196	196	13 or she is selling the firearm is a law enforcement officer
197	197	14 or the sale of a firearm to a person who desires to
198	198	15 purchase a firearm for use in promoting the public
199	199	16 interest incident to his or her employment as a bank
200	200	17 guard, armed truck guard, or other similar employment; (2)
201	201	18 a mail order sale of a firearm from a federally licensed
202	202	19 firearms dealer to a nonresident of Illinois under which
203	203	20 the firearm is mailed to a federally licensed firearms
204	204	21 dealer outside the boundaries of Illinois; (3) (blank);
205	205	22 (4) the sale of a firearm to a dealer licensed as a federal
206	206	23 firearms dealer under Section 923 of the federal Gun
207	207	24 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
208	208	25 sale of any rifle, shotgun, or other long gun to a resident
209	209	26 registered competitor or attendee or non-resident
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220	220	1 registered competitor or attendee by any dealer licensed
221	221	2 as a federal firearms dealer under Section 923 of the
222	222	3 federal Gun Control Act of 1968 at competitive shooting
223	223	4 events held at the World Shooting Complex sanctioned by a
224	224	5 national governing body. For purposes of transfers or
225	225	6 sales under subparagraph (5) of this paragraph (g), the
226	226	7 Department of Natural Resources shall give notice to the
227	227	8 Illinois State Police at least 30 calendar days prior to
228	228	9 any competitive shooting events at the World Shooting
229	229	10 Complex sanctioned by a national governing body. The
230	230	11 notification shall be made on a form prescribed by the
231	231	12 Illinois State Police. The sanctioning body shall provide
232	232	13 a list of all registered competitors and attendees at
233	233	14 least 24 hours before the events to the Illinois State
234	234	15 Police. Any changes to the list of registered competitors
235	235	16 and attendees shall be forwarded to the Illinois State
236	236	17 Police as soon as practicable. The Illinois State Police
237	237	18 must destroy the list of registered competitors and
238	238	19 attendees no later than 30 days after the date of the
239	239	20 event. Nothing in this paragraph (g) relieves a federally
240	240	21 licensed firearm dealer from the requirements of
241	241	22 conducting a NICS background check through the Illinois
242	242	23 Point of Contact under 18 U.S.C. 922(t). For purposes of
243	243	24 this paragraph (g), "application" means when the buyer and
244	244	25 seller reach an agreement to purchase a firearm. For
245	245	26 purposes of this paragraph (g), "national governing body"
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256	256	1 means a group of persons who adopt rules and formulate
257	257	2 policy on behalf of a national firearm sporting
258	258	3 organization.
259	259	4 (h) While holding any license as a dealer, importer,
260	260	5 manufacturer or pawnbroker under the federal Gun Control
261	261	6 Act of 1968, manufactures, sells or delivers to any
262	262	7 unlicensed person a handgun having a barrel, slide, frame
263	263	8 or receiver which is a die casting of zinc alloy or any
264	264	9 other nonhomogeneous metal which will melt or deform at a
265	265	10 temperature of less than 800 degrees Fahrenheit. For
266	266	11 purposes of this paragraph, (1) "firearm" is defined as in
267	267	12 the Firearm Owners Identification Card Act; and (2)
268	268	13 "handgun" is defined as a firearm designed to be held and
269	269	14 fired by the use of a single hand, and includes a
270	270	15 combination of parts from which such a firearm can be
271	271	16 assembled.
272	272	17 (i) Sells or gives a firearm of any size to any person
273	273	18 under 18 years of age who does not possess a valid Firearm
274	274	19 Owner's Identification Card.
275	275	20 (j) Sells or gives a firearm while engaged in the
276	276	21 business of selling firearms at wholesale or retail
277	277	22 without being licensed as a federal firearms dealer under
278	278	23 Section 923 of the federal Gun Control Act of 1968 (18
279	279	24 U.S.C. 923). In this paragraph (j):
280	280	25 A person "engaged in the business" means a person who
281	281	26 devotes time, attention, and labor to engaging in the
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292	292	1 activity as a regular course of trade or business with the
293	293	2 principal objective of livelihood and profit, but does not
294	294	3 include a person who makes occasional repairs of firearms
295	295	4 or who occasionally fits special barrels, stocks, or
296	296	5 trigger mechanisms to firearms.
297	297	6 "With the principal objective of livelihood and
298	298	7 profit" means that the intent underlying the sale or
299	299	8 disposition of firearms is predominantly one of obtaining
300	300	9 livelihood and pecuniary gain, as opposed to other
301	301	10 intents, such as improving or liquidating a personal
302	302	11 firearms collection; however, proof of profit shall not be
303	303	12 required as to a person who engages in the regular and
304	304	13 repetitive purchase and disposition of firearms for
305	305	14 criminal purposes or terrorism.
306	306	15 (k) Sells or transfers ownership of a firearm to a
307	307	16 person who does not display to the seller or transferor of
308	308	17 the firearm either: (1) a currently valid Firearm Owner's
309	309	18 Identification Card that has previously been issued in the
310	310	19 transferee's name by the Illinois State Police under the
311	311	20 provisions of the Firearm Owners Identification Card Act;
312	312	21 or (2) a currently valid license to carry a concealed
313	313	22 firearm that has previously been issued in the
314	314	23 transferee's name by the Illinois State Police under the
315	315	24 Firearm Concealed Carry Act. This paragraph (k) does not
316	316	25 apply to the transfer of a firearm to a person who is
317	317	26 exempt from the requirement of possessing a Firearm
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328	328	1 Owner's Identification Card under Section 2 of the Firearm
329	329	2 Owners Identification Card Act. For the purposes of this
330	330	3 Section, a currently valid Firearm Owner's Identification
331	331	4 Card or license to carry a concealed firearm means receipt
332	332	5 of an approval number issued in accordance with subsection
333	333	6 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
334	334	7 Identification Card Act.
335	335	8 (1) In addition to the other requirements of this
336	336	9 paragraph (k), all persons who are not federally
337	337	10 licensed firearms dealers must also have complied with
338	338	11 subsection (a-10) of Section 3 of the Firearm Owners
339	339	12 Identification Card Act by determining the validity of
340	340	13 a purchaser's Firearm Owner's Identification Card.
341	341	14 (2) All sellers or transferors who have complied
342	342	15 with the requirements of subparagraph (1) of this
343	343	16 paragraph (k) shall not be liable for damages in any
344	344	17 civil action arising from the use or misuse by the
345	345	18 transferee of the firearm transferred, except for
346	346	19 willful or wanton misconduct on the part of the seller
347	347	20 or transferor.
348	348	21 (l) Not being entitled to the possession of a firearm,
349	349	22 delivers the firearm, knowing it to have been stolen or
350	350	23 converted. It may be inferred that a person who possesses
351	351	24 a firearm with knowledge that its serial number has been
352	352	25 removed or altered has knowledge that the firearm is
353	353	26 stolen or converted.
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364	364	1 (m) Sells or gives a firearm to a person who has been
365	365	2 convicted of a felony or who is a streetgang member.
366	366	3 (n) Sells or gives a firearm that has been purchased
367	367	4 or acquired out of state to a person who has been convicted
368	368	5 of a felony or who is a streetgang member.
369	369	6 (B) Paragraph (h) of subsection (A) does not include
370	370	7 firearms sold within 6 months after enactment of Public Act
371	371	8 78-355 (approved August 21, 1973, effective October 1, 1973),
372	372	9 nor is any firearm legally owned or possessed by any citizen or
373	373	10 purchased by any citizen within 6 months after the enactment
374	374	11 of Public Act 78-355 subject to confiscation or seizure under
375	375	12 the provisions of that Public Act. Nothing in Public Act
376	376	13 78-355 shall be construed to prohibit the gift or trade of any
377	377	14 firearm if that firearm was legally held or acquired within 6
378	378	15 months after the enactment of that Public Act.
379	379	16 (C) Sentence.
380	380	17 (1) Any person convicted of unlawful sale or delivery
381	381	18 of firearms in violation of paragraph (c), (e), (f), (g),
382	382	19 or (h) of subsection (A) commits a Class 4 felony.
383	383	20 (2) Any person convicted of unlawful sale or delivery
384	384	21 of firearms in violation of paragraph (b) or (i) of
385	385	22 subsection (A) commits a Class 3 felony.
386	386	23 (3) Any person convicted of unlawful sale or delivery
387	387	24 of firearms in violation of paragraph (a) of subsection
388	388	25 (A) commits a Class 2 felony.
389	389	26 (4) Any person convicted of unlawful sale or delivery
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399	399	HB2578 - 11 - LRB103 29579 RLC 55974 b
400	400	1 of firearms in violation of paragraph (a), (b), or (i) of
401	401	2 subsection (A) in any school, on the real property
402	402	3 comprising a school, within 1,000 feet of the real
403	403	4 property comprising a school, at a school related
404	404	5 activity, or on or within 1,000 feet of any conveyance
405	405	6 owned, leased, or contracted by a school or school
406	406	7 district to transport students to or from school or a
407	407	8 school related activity, regardless of the time of day or
408	408	9 time of year at which the offense was committed, commits a
409	409	10 Class 1 felony. Any person convicted of a second or
410	410	11 subsequent violation of unlawful sale or delivery of
411	411	12 firearms in violation of paragraph (a), (b), or (i) of
412	412	13 subsection (A) in any school, on the real property
413	413	14 comprising a school, within 1,000 feet of the real
414	414	15 property comprising a school, at a school related
415	415	16 activity, or on or within 1,000 feet of any conveyance
416	416	17 owned, leased, or contracted by a school or school
417	417	18 district to transport students to or from school or a
418	418	19 school related activity, regardless of the time of day or
419	419	20 time of year at which the offense was committed, commits a
420	420	21 Class 1 felony for which the sentence shall be a term of
421	421	22 imprisonment of no less than 5 years and no more than 15
422	422	23 years.
423	423	24 (5) Any person convicted of unlawful sale or delivery
424	424	25 of firearms in violation of paragraph (a) or (i) of
425	425	26 subsection (A) in residential property owned, operated, or
426	426
427	427
428	428
429	429
430	430
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432	432
433	433
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435	435	HB2578 - 12 - LRB103 29579 RLC 55974 b
436	436	1 managed by a public housing agency or leased by a public
437	437	2 housing agency as part of a scattered site or mixed-income
438	438	3 development, in a public park, in a courthouse, on
439	439	4 residential property owned, operated, or managed by a
440	440	5 public housing agency or leased by a public housing agency
441	441	6 as part of a scattered site or mixed-income development,
442	442	7 on the real property comprising any public park, on the
443	443	8 real property comprising any courthouse, or on any public
444	444	9 way within 1,000 feet of the real property comprising any
445	445	10 public park, courthouse, or residential property owned,
446	446	11 operated, or managed by a public housing agency or leased
447	447	12 by a public housing agency as part of a scattered site or
448	448	13 mixed-income development commits a Class 2 felony.
449	449	14 (6) Any person convicted of unlawful sale or delivery
450	450	15 of firearms in violation of paragraph (j) of subsection
451	451	16 (A) commits a Class A misdemeanor. A second or subsequent
452	452	17 violation is a Class 4 felony.
453	453	18 (7) Any person convicted of unlawful sale or delivery
454	454	19 of firearms in violation of paragraph (k) of subsection
455	455	20 (A) commits a Class 4 felony, except that a violation of
456	456	21 subparagraph (1) of paragraph (k) of subsection (A) shall
457	457	22 not be punishable as a crime or petty offense. A third or
458	458	23 subsequent conviction for a violation of paragraph (k) of
459	459	24 subsection (A) is a Class 1 felony.
460	460	25 (8) A person 18 years of age or older convicted of
461	461	26 unlawful sale or delivery of firearms in violation of
462	462
463	463
464	464
465	465
466	466
467	467	HB2578 - 12 - LRB103 29579 RLC 55974 b
468	468
469	469
470	470	HB2578- 13 -LRB103 29579 RLC 55974 b HB2578 - 13 - LRB103 29579 RLC 55974 b
471	471	HB2578 - 13 - LRB103 29579 RLC 55974 b
472	472	1 paragraph (a) or (i) of subsection (A), when the firearm
473	473	2 that was sold or given to another person under 18 years of
474	474	3 age was used in the commission of or attempt to commit a
475	475	4 forcible felony, shall be fined or imprisoned, or both,
476	476	5 not to exceed the maximum provided for the most serious
477	477	6 forcible felony so committed or attempted by the person
478	478	7 under 18 years of age who was sold or given the firearm.
479	479	8 (9) Any person convicted of unlawful sale or delivery
480	480	9 of firearms in violation of paragraph (d) of subsection
481	481	10 (A) commits a Class 3 felony.
482	482	11 (10) Any person convicted of unlawful sale or delivery
483	483	12 of firearms in violation of paragraph (l) of subsection
484	484	13 (A) commits a Class 2 felony if the delivery is of one
485	485	14 firearm. Any person convicted of unlawful sale or delivery
486	486	15 of firearms in violation of paragraph (l) of subsection
487	487	16 (A) commits a Class 1 felony if the delivery is of not less
488	488	17 than 2 and not more than 5 firearms at the same time or
489	489	18 within a one-year period. Any person convicted of unlawful
490	490	19 sale or delivery of firearms in violation of paragraph (l)
491	491	20 of subsection (A) commits a Class X felony for which he or
492	492	21 she shall be sentenced to a term of imprisonment of not
493	493	22 less than 6 years and not more than 30 years if the
494	494	23 delivery is of not less than 6 and not more than 10
495	495	24 firearms at the same time or within a 2-year period. Any
496	496	25 person convicted of unlawful sale or delivery of firearms
497	497	26 in violation of paragraph (l) of subsection (A) commits a
498	498
499	499
500	500
501	501
502	502
503	503	HB2578 - 13 - LRB103 29579 RLC 55974 b
504	504
505	505
506	506	HB2578- 14 -LRB103 29579 RLC 55974 b HB2578 - 14 - LRB103 29579 RLC 55974 b
507	507	HB2578 - 14 - LRB103 29579 RLC 55974 b
508	508	1 Class X felony for which he or she shall be sentenced to a
509	509	2 term of imprisonment of not less than 6 years and not more
510	510	3 than 40 years if the delivery is of not less than 11 and
511	511	4 not more than 20 firearms at the same time or within a
512	512	5 3-year period. Any person convicted of unlawful sale or
513	513	6 delivery of firearms in violation of paragraph (l) of
514	514	7 subsection (A) commits a Class X felony for which he or she
515	515	8 shall be sentenced to a term of imprisonment of not less
516	516	9 than 6 years and not more than 50 years if the delivery is
517	517	10 of not less than 21 and not more than 30 firearms at the
518	518	11 same time or within a 4-year period. Any person convicted
519	519	12 of unlawful sale or delivery of firearms in violation of
520	520	13 paragraph (l) of subsection (A) commits a Class X felony
521	521	14 for which he or she shall be sentenced to a term of
522	522	15 imprisonment of not less than 6 years and not more than 60
523	523	16 years if the delivery is of 31 or more firearms at the same
524	524	17 time or within a 5-year period.
525	525	18 (11) Any person convicted of unlawful sale or delivery
526	526	19 of firearms in violation of paragraph (m) or (n) of
527	527	20 subsection (A) commits a Class 1 felony.
528	528	21 (D) For purposes of this Section:
529	529	22 "School" means a public or private elementary or secondary
530	530	23 school, community college, college, or university.
531	531	24 "School related activity" means any sporting, social,
532	532	25 academic, or other activity for which students' attendance or
533	533	26 participation is sponsored, organized, or funded in whole or
534	534
535	535
536	536
537	537
538	538
539	539	HB2578 - 14 - LRB103 29579 RLC 55974 b
540	540
541	541
542	542	HB2578- 15 -LRB103 29579 RLC 55974 b HB2578 - 15 - LRB103 29579 RLC 55974 b
543	543	HB2578 - 15 - LRB103 29579 RLC 55974 b
544	544	1 in part by a school or school district.
545	545	2 (E) A prosecution for a violation of paragraph (k) of
546	546	3 subsection (A) of this Section may be commenced within 6 years
547	547	4 after the commission of the offense. A prosecution for a
548	548	5 violation of this Section other than paragraph (g) of
549	549	6 subsection (A) of this Section may be commenced within 5 years
550	550	7 after the commission of the offense defined in the particular
551	551	8 paragraph.
552	552	9 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
553	553	10 102-813, eff. 5-13-22.)
554	554	11 Section 10. The Unified Code of Corrections is amended by
555	555	12 changing Sections 5-4.5-95 and 5-5-3 as follows:
556	556	13 (730 ILCS 5/5-4.5-95)
557	557	14 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
558	558	15 (a) HABITUAL CRIMINALS.
559	559	16 (1) Every person who has been twice convicted in any
560	560	17 state or federal court of an offense that contains the
561	561	18 same elements as an offense now (the date of the offense
562	562	19 committed after the 2 prior convictions) classified in
563	563	20 Illinois as a Class X felony, criminal sexual assault,
564	564	21 aggravated kidnapping, or first degree murder, and who is
565	565	22 thereafter convicted of a Class X felony, criminal sexual
566	566	23 assault, or first degree murder, committed after the 2
567	567	24 prior convictions, shall be adjudged an habitual criminal.
568	568
569	569
570	570
571	571
572	572
573	573	HB2578 - 15 - LRB103 29579 RLC 55974 b
574	574
575	575
576	576	HB2578- 16 -LRB103 29579 RLC 55974 b HB2578 - 16 - LRB103 29579 RLC 55974 b
577	577	HB2578 - 16 - LRB103 29579 RLC 55974 b
578	578	1 (2) The 2 prior convictions need not have been for the
579	579	2 same offense.
580	580	3 (3) Any convictions that result from or are connected
581	581	4 with the same transaction, or result from offenses
582	582	5 committed at the same time, shall be counted for the
583	583	6 purposes of this Section as one conviction.
584	584	7 (4) This Section does not apply unless each of the
585	585	8 following requirements are satisfied:
586	586	9 (A) The third offense was committed after July 3,
587	587	10 1980.
588	588	11 (B) The third offense was committed within 20
589	589	12 years of the date that judgment was entered on the
590	590	13 first conviction; provided, however, that time spent
591	591	14 in custody shall not be counted.
592	592	15 (C) The third offense was committed after
593	593	16 conviction on the second offense.
594	594	17 (D) The second offense was committed after
595	595	18 conviction on the first offense.
596	596	19 (E) (Blank). The first offense was committed when
597	597	20 the person was 21 years of age or older.
598	598	21 (5) Anyone who, having attained the age of 18 at the
599	599	22 time of the third offense, is adjudged an habitual
600	600	23 criminal shall be sentenced to a term of natural life
601	601	24 imprisonment.
602	602	25 (6) A prior conviction shall not be alleged in the
603	603	26 indictment, and no evidence or other disclosure of that
604	604
605	605
606	606
607	607
608	608
609	609	HB2578 - 16 - LRB103 29579 RLC 55974 b
610	610
611	611
612	612	HB2578- 17 -LRB103 29579 RLC 55974 b HB2578 - 17 - LRB103 29579 RLC 55974 b
613	613	HB2578 - 17 - LRB103 29579 RLC 55974 b
614	614	1 conviction shall be presented to the court or the jury
615	615	2 during the trial of an offense set forth in this Section
616	616	3 unless otherwise permitted by the issues properly raised
617	617	4 in that trial. After a plea or verdict or finding of guilty
618	618	5 and before sentence is imposed, the prosecutor may file
619	619	6 with the court a verified written statement signed by the
620	620	7 State's Attorney concerning any former conviction of an
621	621	8 offense set forth in this Section rendered against the
622	622	9 defendant. The court shall then cause the defendant to be
623	623	10 brought before it; shall inform the defendant of the
624	624	11 allegations of the statement so filed, and of his or her
625	625	12 right to a hearing before the court on the issue of that
626	626	13 former conviction and of his or her right to counsel at
627	627	14 that hearing; and unless the defendant admits such
628	628	15 conviction, shall hear and determine the issue, and shall
629	629	16 make a written finding thereon. If a sentence has
630	630	17 previously been imposed, the court may vacate that
631	631	18 sentence and impose a new sentence in accordance with this
632	632	19 Section.
633	633	20 (7) A duly authenticated copy of the record of any
634	634	21 alleged former conviction of an offense set forth in this
635	635	22 Section shall be prima facie evidence of that former
636	636	23 conviction; and a duly authenticated copy of the record of
637	637	24 the defendant's final release or discharge from probation
638	638	25 granted, or from sentence and parole supervision (if any)
639	639	26 imposed pursuant to that former conviction, shall be prima
640	640
641	641
642	642
643	643
644	644
645	645	HB2578 - 17 - LRB103 29579 RLC 55974 b
646	646
647	647
648	648	HB2578- 18 -LRB103 29579 RLC 55974 b HB2578 - 18 - LRB103 29579 RLC 55974 b
649	649	HB2578 - 18 - LRB103 29579 RLC 55974 b
650	650	1 facie evidence of that release or discharge.
651	651	2 (8) Any claim that a previous conviction offered by
652	652	3 the prosecution is not a former conviction of an offense
653	653	4 set forth in this Section because of the existence of any
654	654	5 exceptions described in this Section, is waived unless
655	655	6 duly raised at the hearing on that conviction, or unless
656	656	7 the prosecution's proof shows the existence of the
657	657	8 exceptions described in this Section.
658	658	9 (9) If the person so convicted shows to the
659	659	10 satisfaction of the court before whom that conviction was
660	660	11 had that he or she was released from imprisonment, upon
661	661	12 either of the sentences upon a pardon granted for the
662	662	13 reason that he or she was innocent, that conviction and
663	663	14 sentence shall not be considered under this Section.
664	664	15 (b) When a defendant, over the age of 21 years, is
665	665	16 convicted of a Class 1 or Class 2 forcible felony, except for
666	666	17 an offense listed in subsection (d) of this Section, after
667	667	18 having twice been convicted in any state or federal court of an
668	668	19 offense that contains the same elements as an offense now (the
669	669	20 date the Class 1 or Class 2 forcible felony was committed)
670	670	21 classified in Illinois as a Class 2 or greater Class forcible
671	671	22 felony, except for an offense listed in subsection (d) of this
672	672	23 Section, and those charges are separately brought and tried
673	673	24 and arise out of different series of acts, that defendant
674	674	25 shall be sentenced as a Class X offender. This subsection does
675	675	26 not apply unless:
676	676
677	677
678	678
679	679
680	680
681	681	HB2578 - 18 - LRB103 29579 RLC 55974 b
682	682
683	683
684	684	HB2578- 19 -LRB103 29579 RLC 55974 b HB2578 - 19 - LRB103 29579 RLC 55974 b
685	685	HB2578 - 19 - LRB103 29579 RLC 55974 b
686	686	1 (1) the first forcible felony was committed after
687	687	2 February 1, 1978 (the effective date of Public Act
688	688	3 80-1099);
689	689	4 (2) the second forcible felony was committed after
690	690	5 conviction on the first;
691	691	6 (3) the third forcible felony was committed after
692	692	7 conviction on the second; and
693	693	8 (4) (blank). the first offense was committed when the
694	694	9 person was 21 years of age or older.
695	695	10 (c) (Blank).
696	696	11 (d) Subsection (b) of this Section does not apply to Class
697	697	12 1 or Class 2 felony convictions for a violation of Section 16-1
698	698	13 of the Criminal Code of 2012.
699	699	14 A person sentenced as a Class X offender under this
700	700	15 subsection (b) is not eligible to apply for treatment as a
701	701	16 condition of probation as provided by Section 40-10 of the
702	702	17 Substance Use Disorder Act (20 ILCS 301/40-10).
703	703	18 (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
704	704	19 101-652, eff. 7-1-21.)
705	705	20 (730 ILCS 5/5-5-3)
706	706	21 Sec. 5-5-3. Disposition.
707	707	22 (a) (Blank).
708	708	23 (b) (Blank).
709	709	24 (c) (1) (Blank).
710	710	25 (2) A period of probation, a term of periodic imprisonment
711	711
712	712
713	713
714	714
715	715
716	716	HB2578 - 19 - LRB103 29579 RLC 55974 b
717	717
718	718
719	719	HB2578- 20 -LRB103 29579 RLC 55974 b HB2578 - 20 - LRB103 29579 RLC 55974 b
720	720	HB2578 - 20 - LRB103 29579 RLC 55974 b
721	721	1 or conditional discharge shall not be imposed for the
722	722	2 following offenses. The court shall sentence the offender to
723	723	3 not less than the minimum term of imprisonment set forth in
724	724	4 this Code for the following offenses, and may order a fine or
725	725	5 restitution or both in conjunction with such term of
726	726	6 imprisonment:
727	727	7 (A) First degree murder where the death penalty is not
728	728	8 imposed.
729	729	9 (B) Attempted first degree murder.
730	730	10 (C) A Class X felony.
731	731	11 (D) A violation of Section 401.1 or 407 of the
732	732	12 Illinois Controlled Substances Act, or a violation of
733	733	13 subdivision (c)(1.5) of Section 401 of that Act which
734	734	14 relates to more than 5 grams of a substance containing
735	735	15 fentanyl or an analog thereof.
736	736	16 (D-5) A violation of subdivision (c)(1) of Section 401
737	737	17 of the Illinois Controlled Substances Act which relates to
738	738	18 3 or more grams of a substance containing heroin or an
739	739	19 analog thereof.
740	740	20 (E) (Blank).
741	741	21 (F) A Class 1 or greater felony if the offender had
742	742	22 been convicted of a Class 1 or greater felony, including
743	743	23 any state or federal conviction for an offense that
744	744	24 contained, at the time it was committed, the same elements
745	745	25 as an offense now (the date of the offense committed after
746	746	26 the prior Class 1 or greater felony) classified as a Class
747	747
748	748
749	749
750	750
751	751
752	752	HB2578 - 20 - LRB103 29579 RLC 55974 b
753	753
754	754
755	755	HB2578- 21 -LRB103 29579 RLC 55974 b HB2578 - 21 - LRB103 29579 RLC 55974 b
756	756	HB2578 - 21 - LRB103 29579 RLC 55974 b
757	757	1 1 or greater felony, within 10 years of the date on which
758	758	2 the offender committed the offense for which he or she is
759	759	3 being sentenced, except as otherwise provided in Section
760	760	4 40-10 of the Substance Use Disorder Act.
761	761	5 (F-3) A Class 2 or greater felony sex offense or
762	762	6 felony firearm offense if the offender had been convicted
763	763	7 of a Class 2 or greater felony, including any state or
764	764	8 federal conviction for an offense that contained, at the
765	765	9 time it was committed, the same elements as an offense now
766	766	10 (the date of the offense committed after the prior Class 2
767	767	11 or greater felony) classified as a Class 2 or greater
768	768	12 felony, within 10 years of the date on which the offender
769	769	13 committed the offense for which he or she is being
770	770	14 sentenced, except as otherwise provided in Section 40-10
771	771	15 of the Substance Use Disorder Act.
772	772	16 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
773	773	17 of the Criminal Code of 1961 or the Criminal Code of 2012
774	774	18 for which imprisonment is prescribed in those Sections.
775	775	19 (G) Residential burglary, except as otherwise provided
776	776	20 in Section 40-10 of the Substance Use Disorder Act.
777	777	21 (H) Criminal sexual assault.
778	778	22 (I) Aggravated battery of a senior citizen as
779	779	23 described in Section 12-4.6 or subdivision (a)(4) of
780	780	24 Section 12-3.05 of the Criminal Code of 1961 or the
781	781	25 Criminal Code of 2012.
782	782	26 (J) A forcible felony if the offense was related to
783	783
784	784
785	785
786	786
787	787
788	788	HB2578 - 21 - LRB103 29579 RLC 55974 b
789	789
790	790
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792	792	HB2578 - 22 - LRB103 29579 RLC 55974 b
793	793	1 the activities of an organized gang.
794	794	2 Before July 1, 1994, for the purposes of this
795	795	3 paragraph, "organized gang" means an association of 5 or
796	796	4 more persons, with an established hierarchy, that
797	797	5 encourages members of the association to perpetrate crimes
798	798	6 or provides support to the members of the association who
799	799	7 do commit crimes.
800	800	8 Beginning July 1, 1994, for the purposes of this
801	801	9 paragraph, "organized gang" has the meaning ascribed to it
802	802	10 in Section 10 of the Illinois Streetgang Terrorism Omnibus
803	803	11 Prevention Act.
804	804	12 (K) Vehicular hijacking.
805	805	13 (L) A second or subsequent conviction for the offense
806	806	14 of hate crime when the underlying offense upon which the
807	807	15 hate crime is based is felony aggravated assault or felony
808	808	16 mob action.
809	809	17 (M) A second or subsequent conviction for the offense
810	810	18 of institutional vandalism if the damage to the property
811	811	19 exceeds $300.
812	812	20 (N) A Class 3 felony violation of paragraph (1) of
813	813	21 subsection (a) of Section 2 of the Firearm Owners
814	814	22 Identification Card Act.
815	815	23 (O) A violation of Section 12-6.1 or 12-6.5 of the
816	816	24 Criminal Code of 1961 or the Criminal Code of 2012.
817	817	25 (P) A violation of paragraph (1), (2), (3), (4), (5),
818	818	26 or (7) of subsection (a) of Section 11-20.1 of the
819	819
820	820
821	821
822	822
823	823
824	824	HB2578 - 22 - LRB103 29579 RLC 55974 b
825	825
826	826
827	827	HB2578- 23 -LRB103 29579 RLC 55974 b HB2578 - 23 - LRB103 29579 RLC 55974 b
828	828	HB2578 - 23 - LRB103 29579 RLC 55974 b
829	829	1 Criminal Code of 1961 or the Criminal Code of 2012.
830	830	2 (P-5) A violation of paragraph (6) of subsection (a)
831	831	3 of Section 11-20.1 of the Criminal Code of 1961 or the
832	832	4 Criminal Code of 2012 if the victim is a household or
833	833	5 family member of the defendant.
834	834	6 (Q) A violation of subsection (b) or (b-5) of Section
835	835	7 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
836	836	8 Code of 1961 or the Criminal Code of 2012.
837	837	9 (R) A violation of Section 24-3A of the Criminal Code
838	838	10 of 1961 or the Criminal Code of 2012.
839	839	11 (S) (Blank).
840	840	12 (T) (Blank).
841	841	13 (U) A second or subsequent violation of Section 6-303
842	842	14 of the Illinois Vehicle Code committed while his or her
843	843	15 driver's license, permit, or privilege was revoked because
844	844	16 of a violation of Section 9-3 of the Criminal Code of 1961
845	845	17 or the Criminal Code of 2012, relating to the offense of
846	846	18 reckless homicide, or a similar provision of a law of
847	847	19 another state.
848	848	20 (V) A violation of paragraph (4) of subsection (c) of
849	849	21 Section 11-20.1B or paragraph (4) of subsection (c) of
850	850	22 Section 11-20.3 of the Criminal Code of 1961, or paragraph
851	851	23 (6) of subsection (a) of Section 11-20.1 of the Criminal
852	852	24 Code of 2012 when the victim is under 13 years of age and
853	853	25 the defendant has previously been convicted under the laws
854	854	26 of this State or any other state of the offense of child
855	855
856	856
857	857
858	858
859	859
860	860	HB2578 - 23 - LRB103 29579 RLC 55974 b
861	861
862	862
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864	864	HB2578 - 24 - LRB103 29579 RLC 55974 b
865	865	1 pornography, aggravated child pornography, aggravated
866	866	2 criminal sexual abuse, aggravated criminal sexual assault,
867	867	3 predatory criminal sexual assault of a child, or any of
868	868	4 the offenses formerly known as rape, deviate sexual
869	869	5 assault, indecent liberties with a child, or aggravated
870	870	6 indecent liberties with a child where the victim was under
871	871	7 the age of 18 years or an offense that is substantially
872	872	8 equivalent to those offenses.
873	873	9 (W) A violation of Section 24-3.5 of the Criminal Code
874	874	10 of 1961 or the Criminal Code of 2012.
875	875	11 (X) A violation of subsection (a) of Section 31-1a of
876	876	12 the Criminal Code of 1961 or the Criminal Code of 2012.
877	877	13 (Y) A conviction for unlawful possession of a firearm
878	878	14 by a street gang member when the firearm was loaded or
879	879	15 contained firearm ammunition.
880	880	16 (Z) A Class 1 felony committed while he or she was
881	881	17 serving a term of probation or conditional discharge for a
882	882	18 felony.
883	883	19 (AA) Theft of property exceeding $500,000 and not
884	884	20 exceeding $1,000,000 in value.
885	885	21 (BB) Laundering of criminally derived property of a
886	886	22 value exceeding $500,000.
887	887	23 (CC) Knowingly selling, offering for sale, holding for
888	888	24 sale, or using 2,000 or more counterfeit items or
889	889	25 counterfeit items having a retail value in the aggregate
890	890	26 of $500,000 or more.
891	891
892	892
893	893
894	894
895	895
896	896	HB2578 - 24 - LRB103 29579 RLC 55974 b
897	897
898	898
899	899	HB2578- 25 -LRB103 29579 RLC 55974 b HB2578 - 25 - LRB103 29579 RLC 55974 b
900	900	HB2578 - 25 - LRB103 29579 RLC 55974 b
901	901	1 (DD) A conviction for aggravated assault under
902	902	2 paragraph (6) of subsection (c) of Section 12-2 of the
903	903	3 Criminal Code of 1961 or the Criminal Code of 2012 if the
904	904	4 firearm is aimed toward the person against whom the
905	905	5 firearm is being used.
906	906	6 (EE) A conviction for a violation of paragraph (2) of
907	907	7 subsection (a) of Section 24-3B of the Criminal Code of
908	908	8 2012.
909	909	9 (FF) A second or subsequent conviction for a violation
910	910	10 of paragraph (m) or (n) of subsection (A) of Section 24-3
911	911	11 of the Criminal Code of 2012.
912	912	12 (3) (Blank).
913	913	13 (4) A minimum term of imprisonment of not less than 10
914	914	14 consecutive days or 30 days of community service shall be
915	915	15 imposed for a violation of paragraph (c) of Section 6-303 of
916	916	16 the Illinois Vehicle Code.
917	917	17 (4.1) (Blank).
918	918	18 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
919	919	19 this subsection (c), a minimum of 100 hours of community
920	920	20 service shall be imposed for a second violation of Section
921	921	21 6-303 of the Illinois Vehicle Code.
922	922	22 (4.3) A minimum term of imprisonment of 30 days or 300
923	923	23 hours of community service, as determined by the court, shall
924	924	24 be imposed for a second violation of subsection (c) of Section
925	925	25 6-303 of the Illinois Vehicle Code.
926	926	26 (4.4) Except as provided in paragraphs (4.5), (4.6), and
927	927
928	928
929	929
930	930
931	931
932	932	HB2578 - 25 - LRB103 29579 RLC 55974 b
933	933
934	934
935	935	HB2578- 26 -LRB103 29579 RLC 55974 b HB2578 - 26 - LRB103 29579 RLC 55974 b
936	936	HB2578 - 26 - LRB103 29579 RLC 55974 b
937	937	1 (4.9) of this subsection (c), a minimum term of imprisonment
938	938	2 of 30 days or 300 hours of community service, as determined by
939	939	3 the court, shall be imposed for a third or subsequent
940	940	4 violation of Section 6-303 of the Illinois Vehicle Code. The
941	941	5 court may give credit toward the fulfillment of community
942	942	6 service hours for participation in activities and treatment as
943	943	7 determined by court services.
944	944	8 (4.5) A minimum term of imprisonment of 30 days shall be
945	945	9 imposed for a third violation of subsection (c) of Section
946	946	10 6-303 of the Illinois Vehicle Code.
947	947	11 (4.6) Except as provided in paragraph (4.10) of this
948	948	12 subsection (c), a minimum term of imprisonment of 180 days
949	949	13 shall be imposed for a fourth or subsequent violation of
950	950	14 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
951	951	15 (4.7) A minimum term of imprisonment of not less than 30
952	952	16 consecutive days, or 300 hours of community service, shall be
953	953	17 imposed for a violation of subsection (a-5) of Section 6-303
954	954	18 of the Illinois Vehicle Code, as provided in subsection (b-5)
955	955	19 of that Section.
956	956	20 (4.8) A mandatory prison sentence shall be imposed for a
957	957	21 second violation of subsection (a-5) of Section 6-303 of the
958	958	22 Illinois Vehicle Code, as provided in subsection (c-5) of that
959	959	23 Section. The person's driving privileges shall be revoked for
960	960	24 a period of not less than 5 years from the date of his or her
961	961	25 release from prison.
962	962	26 (4.9) A mandatory prison sentence of not less than 4 and
963	963
964	964
965	965
966	966
967	967
968	968	HB2578 - 26 - LRB103 29579 RLC 55974 b
969	969
970	970
971	971	HB2578- 27 -LRB103 29579 RLC 55974 b HB2578 - 27 - LRB103 29579 RLC 55974 b
972	972	HB2578 - 27 - LRB103 29579 RLC 55974 b
973	973	1 not more than 15 years shall be imposed for a third violation
974	974	2 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
975	975	3 Code, as provided in subsection (d-2.5) of that Section. The
976	976	4 person's driving privileges shall be revoked for the remainder
977	977	5 of his or her life.
978	978	6 (4.10) A mandatory prison sentence for a Class 1 felony
979	979	7 shall be imposed, and the person shall be eligible for an
980	980	8 extended term sentence, for a fourth or subsequent violation
981	981	9 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
982	982	10 Code, as provided in subsection (d-3.5) of that Section. The
983	983	11 person's driving privileges shall be revoked for the remainder
984	984	12 of his or her life.
985	985	13 (5) The court may sentence a corporation or unincorporated
986	986	14 association convicted of any offense to:
987	987	15 (A) a period of conditional discharge;
988	988	16 (B) a fine;
989	989	17 (C) make restitution to the victim under Section 5-5-6
990	990	18 of this Code.
991	991	19 (5.1) In addition to any other penalties imposed, and
992	992	20 except as provided in paragraph (5.2) or (5.3), a person
993	993	21 convicted of violating subsection (c) of Section 11-907 of the
994	994	22 Illinois Vehicle Code shall have his or her driver's license,
995	995	23 permit, or privileges suspended for at least 90 days but not
996	996	24 more than one year, if the violation resulted in damage to the
997	997	25 property of another person.
998	998	26 (5.2) In addition to any other penalties imposed, and
999	999
1000	1000
1001	1001
1002	1002
1003	1003
1004	1004	HB2578 - 27 - LRB103 29579 RLC 55974 b
1005	1005
1006	1006
1007	1007	HB2578- 28 -LRB103 29579 RLC 55974 b HB2578 - 28 - LRB103 29579 RLC 55974 b
1008	1008	HB2578 - 28 - LRB103 29579 RLC 55974 b
1009	1009	1 except as provided in paragraph (5.3), a person convicted of
1010	1010	2 violating subsection (c) of Section 11-907 of the Illinois
1011	1011	3 Vehicle Code shall have his or her driver's license, permit,
1012	1012	4 or privileges suspended for at least 180 days but not more than
1013	1013	5 2 years, if the violation resulted in injury to another
1014	1014	6 person.
1015	1015	7 (5.3) In addition to any other penalties imposed, a person
1016	1016	8 convicted of violating subsection (c) of Section 11-907 of the
1017	1017	9 Illinois Vehicle Code shall have his or her driver's license,
1018	1018	10 permit, or privileges suspended for 2 years, if the violation
1019	1019	11 resulted in the death of another person.
1020	1020	12 (5.4) In addition to any other penalties imposed, a person
1021	1021	13 convicted of violating Section 3-707 of the Illinois Vehicle
1022	1022	14 Code shall have his or her driver's license, permit, or
1023	1023	15 privileges suspended for 3 months and until he or she has paid
1024	1024	16 a reinstatement fee of $100.
1025	1025	17 (5.5) In addition to any other penalties imposed, a person
1026	1026	18 convicted of violating Section 3-707 of the Illinois Vehicle
1027	1027	19 Code during a period in which his or her driver's license,
1028	1028	20 permit, or privileges were suspended for a previous violation
1029	1029	21 of that Section shall have his or her driver's license,
1030	1030	22 permit, or privileges suspended for an additional 6 months
1031	1031	23 after the expiration of the original 3-month suspension and
1032	1032	24 until he or she has paid a reinstatement fee of $100.
1033	1033	25 (6) (Blank).
1034	1034	26 (7) (Blank).
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039
1040	1040	HB2578 - 28 - LRB103 29579 RLC 55974 b
1041	1041
1042	1042
1043	1043	HB2578- 29 -LRB103 29579 RLC 55974 b HB2578 - 29 - LRB103 29579 RLC 55974 b
1044	1044	HB2578 - 29 - LRB103 29579 RLC 55974 b
1045	1045	1 (8) (Blank).
1046	1046	2 (9) A defendant convicted of a second or subsequent
1047	1047	3 offense of ritualized abuse of a child may be sentenced to a
1048	1048	4 term of natural life imprisonment.
1049	1049	5 (10) (Blank).
1050	1050	6 (11) The court shall impose a minimum fine of $1,000 for a
1051	1051	7 first offense and $2,000 for a second or subsequent offense
1052	1052	8 upon a person convicted of or placed on supervision for
1053	1053	9 battery when the individual harmed was a sports official or
1054	1054	10 coach at any level of competition and the act causing harm to
1055	1055	11 the sports official or coach occurred within an athletic
1056	1056	12 facility or within the immediate vicinity of the athletic
1057	1057	13 facility at which the sports official or coach was an active
1058	1058	14 participant of the athletic contest held at the athletic
1059	1059	15 facility. For the purposes of this paragraph (11), "sports
1060	1060	16 official" means a person at an athletic contest who enforces
1061	1061	17 the rules of the contest, such as an umpire or referee;
1062	1062	18 "athletic facility" means an indoor or outdoor playing field
1063	1063	19 or recreational area where sports activities are conducted;
1064	1064	20 and "coach" means a person recognized as a coach by the
1065	1065	21 sanctioning authority that conducted the sporting event.
1066	1066	22 (12) A person may not receive a disposition of court
1067	1067	23 supervision for a violation of Section 5-16 of the Boat
1068	1068	24 Registration and Safety Act if that person has previously
1069	1069	25 received a disposition of court supervision for a violation of
1070	1070	26 that Section.
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075
1076	1076	HB2578 - 29 - LRB103 29579 RLC 55974 b
1077	1077
1078	1078
1079	1079	HB2578- 30 -LRB103 29579 RLC 55974 b HB2578 - 30 - LRB103 29579 RLC 55974 b
1080	1080	HB2578 - 30 - LRB103 29579 RLC 55974 b
1081	1081	1 (13) A person convicted of or placed on court supervision
1082	1082	2 for an assault or aggravated assault when the victim and the
1083	1083	3 offender are family or household members as defined in Section
1084	1084	4 103 of the Illinois Domestic Violence Act of 1986 or convicted
1085	1085	5 of domestic battery or aggravated domestic battery may be
1086	1086	6 required to attend a Partner Abuse Intervention Program under
1087	1087	7 protocols set forth by the Illinois Department of Human
1088	1088	8 Services under such terms and conditions imposed by the court.
1089	1089	9 The costs of such classes shall be paid by the offender.
1090	1090	10 (d) In any case in which a sentence originally imposed is
1091	1091	11 vacated, the case shall be remanded to the trial court. The
1092	1092	12 trial court shall hold a hearing under Section 5-4-1 of this
1093	1093	13 Code which may include evidence of the defendant's life, moral
1094	1094	14 character and occupation during the time since the original
1095	1095	15 sentence was passed. The trial court shall then impose
1096	1096	16 sentence upon the defendant. The trial court may impose any
1097	1097	17 sentence which could have been imposed at the original trial
1098	1098	18 subject to Section 5-5-4 of this Code. If a sentence is vacated
1099	1099	19 on appeal or on collateral attack due to the failure of the
1100	1100	20 trier of fact at trial to determine beyond a reasonable doubt
1101	1101	21 the existence of a fact (other than a prior conviction)
1102	1102	22 necessary to increase the punishment for the offense beyond
1103	1103	23 the statutory maximum otherwise applicable, either the
1104	1104	24 defendant may be re-sentenced to a term within the range
1105	1105	25 otherwise provided or, if the State files notice of its
1106	1106	26 intention to again seek the extended sentence, the defendant
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111
1112	1112	HB2578 - 30 - LRB103 29579 RLC 55974 b
1113	1113
1114	1114
1115	1115	HB2578- 31 -LRB103 29579 RLC 55974 b HB2578 - 31 - LRB103 29579 RLC 55974 b
1116	1116	HB2578 - 31 - LRB103 29579 RLC 55974 b
1117	1117	1 shall be afforded a new trial.
1118	1118	2 (e) In cases where prosecution for aggravated criminal
1119	1119	3 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1120	1120	4 Code of 1961 or the Criminal Code of 2012 results in conviction
1121	1121	5 of a defendant who was a family member of the victim at the
1122	1122	6 time of the commission of the offense, the court shall
1123	1123	7 consider the safety and welfare of the victim and may impose a
1124	1124	8 sentence of probation only where:
1125	1125	9 (1) the court finds (A) or (B) or both are
1126	1126	10 appropriate:
1127	1127	11 (A) the defendant is willing to undergo a court
1128	1128	12 approved counseling program for a minimum duration of
1129	1129	13 2 years; or
1130	1130	14 (B) the defendant is willing to participate in a
1131	1131	15 court approved plan, including, but not limited to,
1132	1132	16 the defendant's:
1133	1133	17 (i) removal from the household;
1134	1134	18 (ii) restricted contact with the victim;
1135	1135	19 (iii) continued financial support of the
1136	1136	20 family;
1137	1137	21 (iv) restitution for harm done to the victim;
1138	1138	22 and
1139	1139	23 (v) compliance with any other measures that
1140	1140	24 the court may deem appropriate; and
1141	1141	25 (2) the court orders the defendant to pay for the
1142	1142	26 victim's counseling services, to the extent that the court
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147
1148	1148	HB2578 - 31 - LRB103 29579 RLC 55974 b
1149	1149
1150	1150
1151	1151	HB2578- 32 -LRB103 29579 RLC 55974 b HB2578 - 32 - LRB103 29579 RLC 55974 b
1152	1152	HB2578 - 32 - LRB103 29579 RLC 55974 b
1153	1153	1 finds, after considering the defendant's income and
1154	1154	2 assets, that the defendant is financially capable of
1155	1155	3 paying for such services, if the victim was under 18 years
1156	1156	4 of age at the time the offense was committed and requires
1157	1157	5 counseling as a result of the offense.
1158	1158	6 Probation may be revoked or modified pursuant to Section
1159	1159	7 5-6-4; except where the court determines at the hearing that
1160	1160	8 the defendant violated a condition of his or her probation
1161	1161	9 restricting contact with the victim or other family members or
1162	1162	10 commits another offense with the victim or other family
1163	1163	11 members, the court shall revoke the defendant's probation and
1164	1164	12 impose a term of imprisonment.
1165	1165	13 For the purposes of this Section, "family member" and
1166	1166	14 "victim" shall have the meanings ascribed to them in Section
1167	1167	15 11-0.1 of the Criminal Code of 2012.
1168	1168	16 (f) (Blank).
1169	1169	17 (g) Whenever a defendant is convicted of an offense under
1170	1170	18 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1171	1171	19 11-14.3, 11-14.4 except for an offense that involves keeping a
1172	1172	20 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1173	1173	21 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1174	1174	22 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1175	1175	23 Criminal Code of 2012, the defendant shall undergo medical
1176	1176	24 testing to determine whether the defendant has any sexually
1177	1177	25 transmissible disease, including a test for infection with
1178	1178	26 human immunodeficiency virus (HIV) or any other identified
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183
1184	1184	HB2578 - 32 - LRB103 29579 RLC 55974 b
1185	1185
1186	1186
1187	1187	HB2578- 33 -LRB103 29579 RLC 55974 b HB2578 - 33 - LRB103 29579 RLC 55974 b
1188	1188	HB2578 - 33 - LRB103 29579 RLC 55974 b
1189	1189	1 causative agent of acquired immunodeficiency syndrome (AIDS).
1190	1190	2 Any such medical test shall be performed only by appropriately
1191	1191	3 licensed medical practitioners and may include an analysis of
1192	1192	4 any bodily fluids as well as an examination of the defendant's
1193	1193	5 person. Except as otherwise provided by law, the results of
1194	1194	6 such test shall be kept strictly confidential by all medical
1195	1195	7 personnel involved in the testing and must be personally
1196	1196	8 delivered in a sealed envelope to the judge of the court in
1197	1197	9 which the conviction was entered for the judge's inspection in
1198	1198	10 camera. Acting in accordance with the best interests of the
1199	1199	11 victim and the public, the judge shall have the discretion to
1200	1200	12 determine to whom, if anyone, the results of the testing may be
1201	1201	13 revealed. The court shall notify the defendant of the test
1202	1202	14 results. The court shall also notify the victim if requested
1203	1203	15 by the victim, and if the victim is under the age of 15 and if
1204	1204	16 requested by the victim's parents or legal guardian, the court
1205	1205	17 shall notify the victim's parents or legal guardian of the
1206	1206	18 test results. The court shall provide information on the
1207	1207	19 availability of HIV testing and counseling at Department of
1208	1208	20 Public Health facilities to all parties to whom the results of
1209	1209	21 the testing are revealed and shall direct the State's Attorney
1210	1210	22 to provide the information to the victim when possible. The
1211	1211	23 court shall order that the cost of any such test shall be paid
1212	1212	24 by the county and may be taxed as costs against the convicted
1213	1213	25 defendant.
1214	1214	26 (g-5) When an inmate is tested for an airborne
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219
1220	1220	HB2578 - 33 - LRB103 29579 RLC 55974 b
1221	1221
1222	1222
1223	1223	HB2578- 34 -LRB103 29579 RLC 55974 b HB2578 - 34 - LRB103 29579 RLC 55974 b
1224	1224	HB2578 - 34 - LRB103 29579 RLC 55974 b
1225	1225	1 communicable disease, as determined by the Illinois Department
1226	1226	2 of Public Health, including, but not limited to, tuberculosis,
1227	1227	3 the results of the test shall be personally delivered by the
1228	1228	4 warden or his or her designee in a sealed envelope to the judge
1229	1229	5 of the court in which the inmate must appear for the judge's
1230	1230	6 inspection in camera if requested by the judge. Acting in
1231	1231	7 accordance with the best interests of those in the courtroom,
1232	1232	8 the judge shall have the discretion to determine what if any
1233	1233	9 precautions need to be taken to prevent transmission of the
1234	1234	10 disease in the courtroom.
1235	1235	11 (h) Whenever a defendant is convicted of an offense under
1236	1236	12 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
1237	1237	13 defendant shall undergo medical testing to determine whether
1238	1238	14 the defendant has been exposed to human immunodeficiency virus
1239	1239	15 (HIV) or any other identified causative agent of acquired
1240	1240	16 immunodeficiency syndrome (AIDS). Except as otherwise provided
1241	1241	17 by law, the results of such test shall be kept strictly
1242	1242	18 confidential by all medical personnel involved in the testing
1243	1243	19 and must be personally delivered in a sealed envelope to the
1244	1244	20 judge of the court in which the conviction was entered for the
1245	1245	21 judge's inspection in camera. Acting in accordance with the
1246	1246	22 best interests of the public, the judge shall have the
1247	1247	23 discretion to determine to whom, if anyone, the results of the
1248	1248	24 testing may be revealed. The court shall notify the defendant
1249	1249	25 of a positive test showing an infection with the human
1250	1250	26 immunodeficiency virus (HIV). The court shall provide
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256	HB2578 - 34 - LRB103 29579 RLC 55974 b
1257	1257
1258	1258
1259	1259	HB2578- 35 -LRB103 29579 RLC 55974 b HB2578 - 35 - LRB103 29579 RLC 55974 b
1260	1260	HB2578 - 35 - LRB103 29579 RLC 55974 b
1261	1261	1 information on the availability of HIV testing and counseling
1262	1262	2 at Department of Public Health facilities to all parties to
1263	1263	3 whom the results of the testing are revealed and shall direct
1264	1264	4 the State's Attorney to provide the information to the victim
1265	1265	5 when possible. The court shall order that the cost of any such
1266	1266	6 test shall be paid by the county and may be taxed as costs
1267	1267	7 against the convicted defendant.
1268	1268	8 (i) All fines and penalties imposed under this Section for
1269	1269	9 any violation of Chapters 3, 4, 6, and 11 of the Illinois
1270	1270	10 Vehicle Code, or a similar provision of a local ordinance, and
1271	1271	11 any violation of the Child Passenger Protection Act, or a
1272	1272	12 similar provision of a local ordinance, shall be collected and
1273	1273	13 disbursed by the circuit clerk as provided under the Criminal
1274	1274	14 and Traffic Assessment Act.
1275	1275	15 (j) In cases when prosecution for any violation of Section
1276	1276	16 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1277	1277	17 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1278	1278	18 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1279	1279	19 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1280	1280	20 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
1281	1281	21 Code of 2012, any violation of the Illinois Controlled
1282	1282	22 Substances Act, any violation of the Cannabis Control Act, or
1283	1283	23 any violation of the Methamphetamine Control and Community
1284	1284	24 Protection Act results in conviction, a disposition of court
1285	1285	25 supervision, or an order of probation granted under Section 10
1286	1286	26 of the Cannabis Control Act, Section 410 of the Illinois
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292	HB2578 - 35 - LRB103 29579 RLC 55974 b
1293	1293
1294	1294
1295	1295	HB2578- 36 -LRB103 29579 RLC 55974 b HB2578 - 36 - LRB103 29579 RLC 55974 b
1296	1296	HB2578 - 36 - LRB103 29579 RLC 55974 b
1297	1297	1 Controlled Substances Act, or Section 70 of the
1298	1298	2 Methamphetamine Control and Community Protection Act of a
1299	1299	3 defendant, the court shall determine whether the defendant is
1300	1300	4 employed by a facility or center as defined under the Child
1301	1301	5 Care Act of 1969, a public or private elementary or secondary
1302	1302	6 school, or otherwise works with children under 18 years of age
1303	1303	7 on a daily basis. When a defendant is so employed, the court
1304	1304	8 shall order the Clerk of the Court to send a copy of the
1305	1305	9 judgment of conviction or order of supervision or probation to
1306	1306	10 the defendant's employer by certified mail. If the employer of
1307	1307	11 the defendant is a school, the Clerk of the Court shall direct
1308	1308	12 the mailing of a copy of the judgment of conviction or order of
1309	1309	13 supervision or probation to the appropriate regional
1310	1310	14 superintendent of schools. The regional superintendent of
1311	1311	15 schools shall notify the State Board of Education of any
1312	1312	16 notification under this subsection.
1313	1313	17 (j-5) A defendant at least 17 years of age who is convicted
1314	1314	18 of a felony and who has not been previously convicted of a
1315	1315	19 misdemeanor or felony and who is sentenced to a term of
1316	1316	20 imprisonment in the Illinois Department of Corrections shall
1317	1317	21 as a condition of his or her sentence be required by the court
1318	1318	22 to attend educational courses designed to prepare the
1319	1319	23 defendant for a high school diploma and to work toward a high
1320	1320	24 school diploma or to work toward passing high school
1321	1321	25 equivalency testing or to work toward completing a vocational
1322	1322	26 training program offered by the Department of Corrections. If
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327
1328	1328	HB2578 - 36 - LRB103 29579 RLC 55974 b
1329	1329
1330	1330
1331	1331	HB2578- 37 -LRB103 29579 RLC 55974 b HB2578 - 37 - LRB103 29579 RLC 55974 b
1332	1332	HB2578 - 37 - LRB103 29579 RLC 55974 b
1333	1333	1 a defendant fails to complete the educational training
1334	1334	2 required by his or her sentence during the term of
1335	1335	3 incarceration, the Prisoner Review Board shall, as a condition
1336	1336	4 of mandatory supervised release, require the defendant, at his
1337	1337	5 or her own expense, to pursue a course of study toward a high
1338	1338	6 school diploma or passage of high school equivalency testing.
1339	1339	7 The Prisoner Review Board shall revoke the mandatory
1340	1340	8 supervised release of a defendant who wilfully fails to comply
1341	1341	9 with this subsection (j-5) upon his or her release from
1342	1342	10 confinement in a penal institution while serving a mandatory
1343	1343	11 supervised release term; however, the inability of the
1344	1344	12 defendant after making a good faith effort to obtain financial
1345	1345	13 aid or pay for the educational training shall not be deemed a
1346	1346	14 wilful failure to comply. The Prisoner Review Board shall
1347	1347	15 recommit the defendant whose mandatory supervised release term
1348	1348	16 has been revoked under this subsection (j-5) as provided in
1349	1349	17 Section 3-3-9. This subsection (j-5) does not apply to a
1350	1350	18 defendant who has a high school diploma or has successfully
1351	1351	19 passed high school equivalency testing. This subsection (j-5)
1352	1352	20 does not apply to a defendant who is determined by the court to
1353	1353	21 be a person with a developmental disability or otherwise
1354	1354	22 mentally incapable of completing the educational or vocational
1355	1355	23 program.
1356	1356	24 (k) (Blank).
1357	1357	25 (l) (A) Except as provided in paragraph (C) of subsection
1358	1358	26 (l), whenever a defendant, who is not a citizen or national of
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1369	1369	1 the United States, is convicted of any felony or misdemeanor
1370	1370	2 offense, the court after sentencing the defendant may, upon
1371	1371	3 motion of the State's Attorney, hold sentence in abeyance and
1372	1372	4 remand the defendant to the custody of the Attorney General of
1373	1373	5 the United States or his or her designated agent to be deported
1374	1374	6 when:
1375	1375	7 (1) a final order of deportation has been issued
1376	1376	8 against the defendant pursuant to proceedings under the
1377	1377	9 Immigration and Nationality Act, and
1378	1378	10 (2) the deportation of the defendant would not
1379	1379	11 deprecate the seriousness of the defendant's conduct and
1380	1380	12 would not be inconsistent with the ends of justice.
1381	1381	13 Otherwise, the defendant shall be sentenced as provided in
1382	1382	14 this Chapter V.
1383	1383	15 (B) If the defendant has already been sentenced for a
1384	1384	16 felony or misdemeanor offense, or has been placed on probation
1385	1385	17 under Section 10 of the Cannabis Control Act, Section 410 of
1386	1386	18 the Illinois Controlled Substances Act, or Section 70 of the
1387	1387	19 Methamphetamine Control and Community Protection Act, the
1388	1388	20 court may, upon motion of the State's Attorney to suspend the
1389	1389	21 sentence imposed, commit the defendant to the custody of the
1390	1390	22 Attorney General of the United States or his or her designated
1391	1391	23 agent when:
1392	1392	24 (1) a final order of deportation has been issued
1393	1393	25 against the defendant pursuant to proceedings under the
1394	1394	26 Immigration and Nationality Act, and
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1405	1405	1 (2) the deportation of the defendant would not
1406	1406	2 deprecate the seriousness of the defendant's conduct and
1407	1407	3 would not be inconsistent with the ends of justice.
1408	1408	4 (C) This subsection (l) does not apply to offenders who
1409	1409	5 are subject to the provisions of paragraph (2) of subsection
1410	1410	6 (a) of Section 3-6-3.
1411	1411	7 (D) Upon motion of the State's Attorney, if a defendant
1412	1412	8 sentenced under this Section returns to the jurisdiction of
1413	1413	9 the United States, the defendant shall be recommitted to the
1414	1414	10 custody of the county from which he or she was sentenced.
1415	1415	11 Thereafter, the defendant shall be brought before the
1416	1416	12 sentencing court, which may impose any sentence that was
1417	1417	13 available under Section 5-5-3 at the time of initial
1418	1418	14 sentencing. In addition, the defendant shall not be eligible
1419	1419	15 for additional earned sentence credit as provided under
1420	1420	16 Section 3-6-3.
1421	1421	17 (m) A person convicted of criminal defacement of property
1422	1422	18 under Section 21-1.3 of the Criminal Code of 1961 or the
1423	1423	19 Criminal Code of 2012, in which the property damage exceeds
1424	1424	20 $300 and the property damaged is a school building, shall be
1425	1425	21 ordered to perform community service that may include cleanup,
1426	1426	22 removal, or painting over the defacement.
1427	1427	23 (n) The court may sentence a person convicted of a
1428	1428	24 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
1429	1429	25 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
1430	1430	26 of 1961 or the Criminal Code of 2012 (i) to an impact
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1441	1441	1 incarceration program if the person is otherwise eligible for
1442	1442	2 that program under Section 5-8-1.1, (ii) to community service,
1443	1443	3 or (iii) if the person has a substance use disorder, as defined
1444	1444	4 in the Substance Use Disorder Act, to a treatment program
1445	1445	5 licensed under that Act.
1446	1446	6 (o) Whenever a person is convicted of a sex offense as
1447	1447	7 defined in Section 2 of the Sex Offender Registration Act, the
1448	1448	8 defendant's driver's license or permit shall be subject to
1449	1449	9 renewal on an annual basis in accordance with the provisions
1450	1450	10 of license renewal established by the Secretary of State.
1451	1451	11 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
1452	1452	12 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
1453	1453	13 5-27-22.)
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