Illinois 2023-2024 Regular Session

Illinois House Bill HB2956 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 HB2956 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: See Index Creates the Firearm Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which in the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Amends the Juvenile Court Act of 1987. Provides for adult prosecution of a minor who was at least 16 years of age at the time of the offense who is charged with armed robbery or aggravated vehicular hijacking while armed with a firearm. Amends the Criminal Code of 2012 to provide for enhanced penalties for committing various offenses with a firearm. Makes other changes concerning criminal procedure and law enforcement. Amends various other Acts to make conforming changes. Specified provisions effective immediately. LRB103 25548 RLC 51897 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2956 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: See Index See Index Creates the Firearm Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which in the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Amends the Juvenile Court Act of 1987. Provides for adult prosecution of a minor who was at least 16 years of age at the time of the offense who is charged with armed robbery or aggravated vehicular hijacking while armed with a firearm. Amends the Criminal Code of 2012 to provide for enhanced penalties for committing various offenses with a firearm. Makes other changes concerning criminal procedure and law enforcement. Amends various other Acts to make conforming changes. Specified provisions effective immediately. LRB103 25548 RLC 51897 b LRB103 25548 RLC 51897 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2956 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Firearm Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which in the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Amends the Juvenile Court Act of 1987. Provides for adult prosecution of a minor who was at least 16 years of age at the time of the offense who is charged with armed robbery or aggravated vehicular hijacking while armed with a firearm. Amends the Criminal Code of 2012 to provide for enhanced penalties for committing various offenses with a firearm. Makes other changes concerning criminal procedure and law enforcement. Amends various other Acts to make conforming changes. Specified provisions effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Firearm Crime Charging and Sentencing Accountability and
16	16	6 Transparency Act.
17	17	7 Section 5. Plea agreement; State's Attorney. In a criminal
18	18	8 case, if a defendant is charged with an offense involving the
19	19	9 illegal use or possession of a firearm and subsequently enters
20	20	10 into a plea agreement in which in the charge will be reduced to
21	21	11 a lesser offense or a non-weapons offense in exchange for a
22	22	12 plea of guilty, at or before the time of sentencing, the
23	23	13 State's Attorney shall file with the court a written statement
24	24	14 of his or her reasons in support of the plea agreement, which
25	25	15 shall specifically state why the offense or offenses of
26	26	16 conviction resulting from the plea agreement do not include
27	27	17 the originally charged weapons offense. The written statement
28	28	18 shall be part of the court record in the case and a copy shall
29	29	19 be provided to any person upon request.
30	30	20 Section 10. Sentencing; judge. In a criminal case in which
31	31	21 the original charge is or was for an offense involving the
32	32	22 illegal use or possession of a firearm, if a defendant pleads
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2956 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Creates the Firearm Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which in the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Amends the Juvenile Court Act of 1987. Provides for adult prosecution of a minor who was at least 16 years of age at the time of the offense who is charged with armed robbery or aggravated vehicular hijacking while armed with a firearm. Amends the Criminal Code of 2012 to provide for enhanced penalties for committing various offenses with a firearm. Makes other changes concerning criminal procedure and law enforcement. Amends various other Acts to make conforming changes. Specified provisions effective immediately.
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42	42	A BILL FOR
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67	67	1 guilty or is found guilty of the original charge or lesser
68	68	2 offense or a non-weapons offense, in imposing sentence, the
69	69	3 judge shall set forth in a written sentencing order his or her
70	70	4 reasons for imposing the sentence or accepting the plea
71	71	5 agreement. A copy of the written sentencing order shall be
72	72	6 provided to any person upon request.
73	73	7 Section 90. The Illinois Criminal Justice Information Act
74	74	8 is amended by adding Section 7.11 as follows:
75	75	9 (20 ILCS 3930/7.11 new)
76	76	10 Sec. 7.11. Crimes concerning the use of a firearm.
77	77	11 (a) The Authority shall perform an analysis of criminal
78	78	12 justice data to track crimes concerning the use of a firearm as
79	79	13 it relates to those criminal acts committed by a convicted
80	80	14 felon and the sentences imposed. The analysis shall track
81	81	15 crimes concerning the use of a firearm over the past 5 years
82	82	16 prior to the effective date of this amendatory Act of the 103rd
83	83	17 General Assembly. The Authority shall report, on or before
84	84	18 January 1, 2026, the following information in a report to the
85	85	19 General Assembly:
86	86	20 (1) the number of the people who were arrested for a
87	87	21 firearm crime and how many of those people were convicted
88	88	22 felons; and
89	89	23 (2) the disposition of those cases.
90	90	24 (b) This Section is repealed January 1, 2027.
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101	101	1 Section 95. The Illinois Police Training Act is amended
102	102	2 by changing Section 10.22 as follows:
103	103	3 (50 ILCS 705/10.22)
104	104	4 Sec. 10.22. School resource officers.
105	105	5 (a) The Board shall develop or approve a course for school
106	106	6 resource officers as defined in Section 10-20.68 of the School
107	107	7 Code.
108	108	8 (b) The school resource officer course shall be developed
109	109	9 within one year after January 1, 2019 (the effective date of
110	110	10 Public Act 100-984) and shall be created in consultation with
111	111	11 organizations demonstrating expertise and or experience in the
112	112	12 areas of youth and adolescent developmental issues,
113	113	13 educational administrative issues, prevention of child abuse
114	114	14 and exploitation, youth mental health treatment, and juvenile
115	115	15 advocacy.
116	116	16 (c) The Board shall develop a process allowing law
117	117	17 enforcement agencies to request a waiver of this training
118	118	18 requirement for any specific individual assigned as a school
119	119	19 resource officer. Applications for these waivers may be
120	120	20 submitted by a local law enforcement agency chief
121	121	21 administrator for any officer whose prior training and
122	122	22 experience may qualify for a waiver of the training
123	123	23 requirement of this subsection (c). The Board may issue a
124	124	24 waiver at its discretion, based solely on the prior training
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135	135	1 and experience of an officer.
136	136	2 (d) Upon completion, the employing agency shall be issued
137	137	3 a certificate attesting to a specific officer's completion of
138	138	4 the school resource officer training. Additionally, a letter
139	139	5 of approval shall be issued to the employing agency for any
140	140	6 officer who is approved for a training waiver under this
141	141	7 subsection (d).
142	142	8 (e) The Board may offer the school resource officer course
143	143	9 developed under this Section to a qualified retired law
144	144	10 enforcement officer, as defined under the federal Law
145	145	11 Enforcement Officers Safety Act of 2004, for the purpose of
146	146	12 employment at a school or school district and may issue, for
147	147	13 such purpose, a certificate or waiver in the same manner as
148	148	14 provided under this Section for any other officer.
149	149	15 (f) Notwithstanding any other provision of law to the
150	150	16 contrary, nothing in this Section prohibits a school resource
151	151	17 officer or qualified retired law enforcement officer from
152	152	18 carrying a firearm.
153	153	19 (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
154	154	20 102-694, eff. 1-7-22.)
155	155	21 Section 100. The School Code is amended by changing
156	156	22 Section 10-20.68 as follows:
157	157	23 (105 ILCS 5/10-20.68)
158	158	24 Sec. 10-20.68. School resource officer.
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169	169	1 (a) In this Section, "school resource officer" means a law
170	170	2 enforcement officer who has been primarily assigned to a
171	171	3 school or school district under an agreement with a local law
172	172	4 enforcement agency.
173	173	5 (b) Beginning January 1, 2021, any law enforcement agency
174	174	6 that provides a school resource officer under this Section
175	175	7 shall provide to the school district a certificate of
176	176	8 completion, or approved waiver, issued by the Illinois Law
177	177	9 Enforcement Training Standards Board under Section 10.22 of
178	178	10 the Illinois Police Training Act indicating that the subject
179	179	11 officer has completed the requisite course of instruction in
180	180	12 the applicable subject areas within one year of assignment, or
181	181	13 has prior experience and training which satisfies this
182	182	14 requirement.
183	183	15 (c) In an effort to defray the related costs, any law
184	184	16 enforcement agency that provides a school resource officer
185	185	17 should apply for grant funding through the federal Community
186	186	18 Oriented Policing Services grant program.
187	187	19 (d) Beginning January 1, 2023, a school or school district
188	188	20 may employ a qualified retired law enforcement officer, as
189	189	21 defined under the federal Law Enforcement Officers Safety Act
190	190	22 of 2004, who obtains a certificate of completion or approved
191	191	23 waiver under Section 10.22 of the Illinois Police Training Act
192	192	24 to carry out the duties of a school resource officer.
193	193	25 (e) Notwithstanding any other provision of law to the
194	194	26 contrary, nothing in this Section prohibits a school resource
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205	205	1 officer or qualified retired law enforcement officer from
206	206	2 carrying a firearm.
207	207	3 (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
208	208	4 Section 105. The Juvenile Court Act of 1987 is amended by
209	209	5 changing Sections 5-130, 5-410, and 5-750 as follows:
210	210	6 (705 ILCS 405/5-130)
211	211	7 Sec. 5-130. Excluded jurisdiction.
212	212	8 (1)(a) The definition of delinquent minor under Section
213	213	9 5-120 of this Article shall not apply to any minor who at the
214	214	10 time of an offense was at least 16 years of age and who is
215	215	11 charged with: (i) first degree murder, (ii) aggravated
216	216	12 criminal sexual assault, or (iii) aggravated battery with a
217	217	13 firearm as described in Section 12-4.2 or subdivision (e)(1),
218	218	14 (e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor
219	219	15 personally discharged a firearm as defined in Section 2-15.5
220	220	16 of the Criminal Code of 1961 or the Criminal Code of 2012, (iv)
221	221	17 aggravated vehicular hijacking under paragraph (4), (5), or
222	222	18 (6) of subsection (a) of Section 18-4 of the Criminal Code of
223	223	19 2012, or (v) armed robbery under paragraph (2), (3), or (4) of
224	224	20 subsection (a) of Section 18-2 of the Criminal Code of 2012.
225	225	21 These charges and all other charges arising out of the
226	226	22 same incident shall be prosecuted under the criminal laws of
227	227	23 this State.
228	228	24 (b)(i) If before trial or plea an information or
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239	239	1 indictment is filed that does not charge an offense specified
240	240	2 in paragraph (a) of this subsection (1) the State's Attorney
241	241	3 may proceed on any lesser charge or charges, but only in
242	242	4 Juvenile Court under the provisions of this Article. The
243	243	5 State's Attorney may proceed on a lesser charge if before
244	244	6 trial the minor defendant knowingly and with advice of counsel
245	245	7 waives, in writing, his or her right to have the matter proceed
246	246	8 in Juvenile Court.
247	247	9 (ii) If before trial or plea an information or indictment
248	248	10 is filed that includes one or more charges specified in
249	249	11 paragraph (a) of this subsection (1) and additional charges
250	250	12 that are not specified in that paragraph, all of the charges
251	251	13 arising out of the same incident shall be prosecuted under the
252	252	14 Criminal Code of 1961 or the Criminal Code of 2012.
253	253	15 (c)(i) If after trial or plea the minor is convicted of any
254	254	16 offense covered by paragraph (a) of this subsection (1), then,
255	255	17 in sentencing the minor, the court shall sentence the minor
256	256	18 under Section 5-4.5-105 of the Unified Code of Corrections.
257	257	19 (ii) If after trial or plea the court finds that the minor
258	258	20 committed an offense not covered by paragraph (a) of this
259	259	21 subsection (1), that finding shall not invalidate the verdict
260	260	22 or the prosecution of the minor under the criminal laws of the
261	261	23 State; however, unless the State requests a hearing for the
262	262	24 purpose of sentencing the minor under Chapter V of the Unified
263	263	25 Code of Corrections, the Court must proceed under Sections
264	264	26 5-705 and 5-710 of this Article. To request a hearing, the
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275	275	1 State must file a written motion within 10 days following the
276	276	2 entry of a finding or the return of a verdict. Reasonable
277	277	3 notice of the motion shall be given to the minor or his or her
278	278	4 counsel. If the motion is made by the State, the court shall
279	279	5 conduct a hearing to determine if the minor should be
280	280	6 sentenced under Chapter V of the Unified Code of Corrections.
281	281	7 In making its determination, the court shall consider among
282	282	8 other matters: (a) whether there is evidence that the offense
283	283	9 was committed in an aggressive and premeditated manner; (b)
284	284	10 the age of the minor; (c) the previous history of the minor;
285	285	11 (d) whether there are facilities particularly available to the
286	286	12 Juvenile Court or the Department of Juvenile Justice for the
287	287	13 treatment and rehabilitation of the minor; (e) whether the
288	288	14 security of the public requires sentencing under Chapter V of
289	289	15 the Unified Code of Corrections; and (f) whether the minor
290	290	16 possessed a deadly weapon when committing the offense. The
291	291	17 rules of evidence shall be the same as if at trial. If after
292	292	18 the hearing the court finds that the minor should be sentenced
293	293	19 under Chapter V of the Unified Code of Corrections, then the
294	294	20 court shall sentence the minor under Section 5-4.5-105 of the
295	295	21 Unified Code of Corrections.
296	296	22 (2) (Blank).
297	297	23 (3) (Blank).
298	298	24 (4) (Blank).
299	299	25 (5) (Blank).
300	300	26 (6) (Blank).
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311	311	1 (7) The procedures set out in this Article for the
312	312	2 investigation, arrest and prosecution of juvenile offenders
313	313	3 shall not apply to minors who are excluded from jurisdiction
314	314	4 of the Juvenile Court, except that minors under 18 years of age
315	315	5 shall be kept separate from confined adults.
316	316	6 (8) Nothing in this Act prohibits or limits the
317	317	7 prosecution of any minor for an offense committed on or after
318	318	8 his or her 18th birthday even though he or she is at the time
319	319	9 of the offense a ward of the court.
320	320	10 (9) If an original petition for adjudication of wardship
321	321	11 alleges the commission by a minor 13 years of age or over of an
322	322	12 act that constitutes a crime under the laws of this State, the
323	323	13 minor, with the consent of his or her counsel, may, at any time
324	324	14 before commencement of the adjudicatory hearing, file with the
325	325	15 court a motion that criminal prosecution be ordered and that
326	326	16 the petition be dismissed insofar as the act or acts involved
327	327	17 in the criminal proceedings are concerned. If such a motion is
328	328	18 filed as herein provided, the court shall enter its order
329	329	19 accordingly.
330	330	20 (10) If, prior to August 12, 2005 (the effective date of
331	331	21 Public Act 94-574), a minor is charged with a violation of
332	332	22 Section 401 of the Illinois Controlled Substances Act under
333	333	23 the criminal laws of this State, other than a minor charged
334	334	24 with a Class X felony violation of the Illinois Controlled
335	335	25 Substances Act or the Methamphetamine Control and Community
336	336	26 Protection Act, any party including the minor or the court sua
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347	347	1 sponte may, before trial, move for a hearing for the purpose of
348	348	2 trying and sentencing the minor as a delinquent minor. To
349	349	3 request a hearing, the party must file a motion prior to trial.
350	350	4 Reasonable notice of the motion shall be given to all parties.
351	351	5 On its own motion or upon the filing of a motion by one of the
352	352	6 parties including the minor, the court shall conduct a hearing
353	353	7 to determine whether the minor should be tried and sentenced
354	354	8 as a delinquent minor under this Article. In making its
355	355	9 determination, the court shall consider among other matters:
356	356	10 (a) The age of the minor;
357	357	11 (b) Any previous delinquent or criminal history of the
358	358	12 minor;
359	359	13 (c) Any previous abuse or neglect history of the
360	360	14 minor;
361	361	15 (d) Any mental health or educational history of the
362	362	16 minor, or both; and
363	363	17 (e) Whether there is probable cause to support the
364	364	18 charge, whether the minor is charged through
365	365	19 accountability, and whether there is evidence the minor
366	366	20 possessed a deadly weapon or caused serious bodily harm
367	367	21 during the offense.
368	368	22 Any material that is relevant and reliable shall be
369	369	23 admissible at the hearing. In all cases, the judge shall enter
370	370	24 an order permitting prosecution under the criminal laws of
371	371	25 Illinois unless the judge makes a finding based on a
372	372	26 preponderance of the evidence that the minor would be amenable
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383	383	1 to the care, treatment, and training programs available
384	384	2 through the facilities of the juvenile court based on an
385	385	3 evaluation of the factors listed in this subsection (10).
386	386	4 (11) The changes made to this Section by Public Act 98-61
387	387	5 apply to a minor who has been arrested or taken into custody on
388	388	6 or after January 1, 2014 (the effective date of Public Act
389	389	7 98-61).
390	390	8 (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
391	391	9 99-258, eff. 1-1-16.)
392	392	10 (705 ILCS 405/5-410)
393	393	11 Sec. 5-410. Non-secure custody or detention.
394	394	12 (1) Any minor arrested or taken into custody pursuant to
395	395	13 this Act who requires care away from his or her home but who
396	396	14 does not require physical restriction shall be given temporary
397	397	15 care in a foster family home or other shelter facility
398	398	16 designated by the court.
399	399	17 (2) (a) Any minor 10 years of age or older arrested
400	400	18 pursuant to this Act where there is probable cause to believe
401	401	19 that the minor is a delinquent minor and that (i) secure
402	402	20 custody is a matter of immediate and urgent necessity for the
403	403	21 protection of the minor or of the person or property of
404	404	22 another, (ii) the minor is likely to flee the jurisdiction of
405	405	23 the court, or (iii) the minor was taken into custody under a
406	406	24 warrant, may be kept or detained in an authorized detention
407	407	25 facility. A minor under 13 years of age shall not be admitted,
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418	418	1 kept, or detained in a detention facility unless a local youth
419	419	2 service provider, including a provider through the
420	420	3 Comprehensive Community Based Youth Services network, has been
421	421	4 contacted and has not been able to accept the minor. No minor
422	422	5 under 12 years of age shall be detained in a county jail or a
423	423	6 municipal lockup for more than 6 hours.
424	424	7 (a-5) For a minor arrested or taken into custody for
425	425	8 vehicular hijacking or aggravated vehicular hijacking, a
426	426	9 previous finding of delinquency for vehicular hijacking or
427	427	10 aggravated vehicular hijacking shall be given greater weight
428	428	11 in determining whether secured custody of a minor is a matter
429	429	12 of immediate and urgent necessity for the protection of the
430	430	13 minor or of the person or property of another.
431	431	14 (b) The written authorization of the probation officer or
432	432	15 detention officer (or other public officer designated by the
433	433	16 court in a county having 3,000,000 or more inhabitants)
434	434	17 constitutes authority for the superintendent of any juvenile
435	435	18 detention home to detain and keep a minor for up to 40 hours,
436	436	19 excluding Saturdays, Sundays, and court-designated holidays.
437	437	20 These records shall be available to the same persons and
438	438	21 pursuant to the same conditions as are law enforcement records
439	439	22 as provided in Section 5-905.
440	440	23 (b-4) The consultation required by paragraph (b-5) shall
441	441	24 not be applicable if the probation officer or detention
442	442	25 officer (or other public officer designated by the court in a
443	443	26 county having 3,000,000 or more inhabitants) utilizes a
444	444
445	445
446	446
447	447
448	448
449	449	HB2956 - 12 - LRB103 25548 RLC 51897 b
450	450
451	451
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453	453	HB2956 - 13 - LRB103 25548 RLC 51897 b
454	454	1 scorable detention screening instrument, which has been
455	455	2 developed with input by the State's Attorney, to determine
456	456	3 whether a minor should be detained, however, paragraph (b-5)
457	457	4 shall still be applicable where no such screening instrument
458	458	5 is used or where the probation officer, detention officer (or
459	459	6 other public officer designated by the court in a county
460	460	7 having 3,000,000 or more inhabitants) deviates from the
461	461	8 screening instrument.
462	462	9 (b-5) Subject to the provisions of paragraph (b-4), if a
463	463	10 probation officer or detention officer (or other public
464	464	11 officer designated by the court in a county having 3,000,000
465	465	12 or more inhabitants) does not intend to detain a minor for an
466	466	13 offense which constitutes one of the following offenses he or
467	467	14 she shall consult with the State's Attorney's Office prior to
468	468	15 the release of the minor: first degree murder, second degree
469	469	16 murder, involuntary manslaughter, criminal sexual assault,
470	470	17 aggravated criminal sexual assault, aggravated battery with a
471	471	18 firearm as described in Section 12-4.2 or subdivision (e)(1),
472	472	19 (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
473	473	20 heinous battery involving permanent disability or
474	474	21 disfigurement or great bodily harm, robbery, aggravated
475	475	22 robbery, armed robbery, vehicular hijacking, aggravated
476	476	23 vehicular hijacking, vehicular invasion, arson, aggravated
477	477	24 arson, kidnapping, aggravated kidnapping, home invasion,
478	478	25 burglary, or residential burglary. Any minor 10 years of age
479	479	26 or older arrested or taken into custody under this Act for
480	480
481	481
482	482
483	483
484	484
485	485	HB2956 - 13 - LRB103 25548 RLC 51897 b
486	486
487	487
488	488	HB2956- 14 -LRB103 25548 RLC 51897 b HB2956 - 14 - LRB103 25548 RLC 51897 b
489	489	HB2956 - 14 - LRB103 25548 RLC 51897 b
490	490	1 vehicular hijacking or aggravated vehicular hijacking shall be
491	491	2 detained in an authorized detention facility until a detention
492	492	3 or shelter care hearing is held to determine if there is
493	493	4 probable cause to believe that the minor is a delinquent minor
494	494	5 and that: (1) secure custody is a matter of immediate and
495	495	6 urgent necessity for the protection of the minor or of the
496	496	7 person or property of another; (2) the minor is likely to flee
497	497	8 the jurisdiction of the court; or (3) the minor was taken into
498	498	9 custody under a warrant. If the court makes that
499	499	10 determination, the minor shall continue to be held until the
500	500	11 disposition of an adjudicatory hearing under this Article.
501	501	12 (c) Except as otherwise provided in paragraph (a), (d), or
502	502	13 (e), no minor shall be detained in a county jail or municipal
503	503	14 lockup for more than 12 hours, unless the offense is a crime of
504	504	15 violence in which case the minor may be detained up to 24
505	505	16 hours. For the purpose of this paragraph, "crime of violence"
506	506	17 has the meaning ascribed to it in Section 1-10 of the
507	507	18 Alcoholism and Other Drug Abuse and Dependency Act.
508	508	19 (i) The period of detention is deemed to have begun
509	509	20 once the minor has been placed in a locked room or cell or
510	510	21 handcuffed to a stationary object in a building housing a
511	511	22 county jail or municipal lockup. Time spent transporting a
512	512	23 minor is not considered to be time in detention or secure
513	513	24 custody.
514	514	25 (ii) Any minor so confined shall be under periodic
515	515	26 supervision and shall not be permitted to come into or
516	516
517	517
518	518
519	519
520	520
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522	522
523	523
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525	525	HB2956 - 15 - LRB103 25548 RLC 51897 b
526	526	1 remain in contact with adults in custody in the building.
527	527	2 (iii) Upon placement in secure custody in a jail or
528	528	3 lockup, the minor shall be informed of the purpose of the
529	529	4 detention, the time it is expected to last and the fact
530	530	5 that it cannot exceed the time specified under this Act.
531	531	6 (iv) A log shall be kept which shows the offense which
532	532	7 is the basis for the detention, the reasons and
533	533	8 circumstances for the decision to detain, and the length
534	534	9 of time the minor was in detention.
535	535	10 (v) Violation of the time limit on detention in a
536	536	11 county jail or municipal lockup shall not, in and of
537	537	12 itself, render inadmissible evidence obtained as a result
538	538	13 of the violation of this time limit. Minors under 18 years
539	539	14 of age shall be kept separate from confined adults and may
540	540	15 not at any time be kept in the same cell, room, or yard
541	541	16 with adults confined pursuant to criminal law. Persons 18
542	542	17 years of age and older who have a petition of delinquency
543	543	18 filed against them may be confined in an adult detention
544	544	19 facility. In making a determination whether to confine a
545	545	20 person 18 years of age or older who has a petition of
546	546	21 delinquency filed against the person, these factors, among
547	547	22 other matters, shall be considered:
548	548	23 (A) the age of the person;
549	549	24 (B) any previous delinquent or criminal history of
550	550	25 the person;
551	551	26 (C) any previous abuse or neglect history of the
552	552
553	553
554	554
555	555
556	556
557	557	HB2956 - 15 - LRB103 25548 RLC 51897 b
558	558
559	559
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561	561	HB2956 - 16 - LRB103 25548 RLC 51897 b
562	562	1 person; and
563	563	2 (D) any mental health or educational history of
564	564	3 the person, or both.
565	565	4 (d) (i) If a minor 12 years of age or older is confined in
566	566	5 a county jail in a county with a population below 3,000,000
567	567	6 inhabitants, then the minor's confinement shall be implemented
568	568	7 in such a manner that there will be no contact by sight, sound,
569	569	8 or otherwise between the minor and adult prisoners. Minors 12
570	570	9 years of age or older must be kept separate from confined
571	571	10 adults and may not at any time be kept in the same cell, room,
572	572	11 or yard with confined adults. This paragraph (d)(i) shall only
573	573	12 apply to confinement pending an adjudicatory hearing and shall
574	574	13 not exceed 40 hours, excluding Saturdays, Sundays, and
575	575	14 court-designated holidays. To accept or hold minors during
576	576	15 this time period, county jails shall comply with all
577	577	16 monitoring standards adopted by the Department of Corrections
578	578	17 and training standards approved by the Illinois Law
579	579	18 Enforcement Training Standards Board.
580	580	19 (ii) To accept or hold minors, 12 years of age or older,
581	581	20 after the time period prescribed in paragraph (d)(i) of this
582	582	21 subsection (2) of this Section but not exceeding 7 days
583	583	22 including Saturdays, Sundays, and holidays pending an
584	584	23 adjudicatory hearing, county jails shall comply with all
585	585	24 temporary detention standards adopted by the Department of
586	586	25 Corrections and training standards approved by the Illinois
587	587	26 Law Enforcement Training Standards Board.
588	588
589	589
590	590
591	591
592	592
593	593	HB2956 - 16 - LRB103 25548 RLC 51897 b
594	594
595	595
596	596	HB2956- 17 -LRB103 25548 RLC 51897 b HB2956 - 17 - LRB103 25548 RLC 51897 b
597	597	HB2956 - 17 - LRB103 25548 RLC 51897 b
598	598	1 (iii) To accept or hold minors 12 years of age or older,
599	599	2 after the time period prescribed in paragraphs (d)(i) and
600	600	3 (d)(ii) of this subsection (2) of this Section, county jails
601	601	4 shall comply with all county juvenile detention standards
602	602	5 adopted by the Department of Juvenile Justice.
603	603	6 (e) When a minor who is at least 15 years of age is
604	604	7 prosecuted under the criminal laws of this State, the court
605	605	8 may enter an order directing that the juvenile be confined in
606	606	9 the county jail. However, any juvenile confined in the county
607	607	10 jail under this provision shall be separated from adults who
608	608	11 are confined in the county jail in such a manner that there
609	609	12 will be no contact by sight, sound or otherwise between the
610	610	13 juvenile and adult prisoners.
611	611	14 (f) For purposes of appearing in a physical lineup, the
612	612	15 minor may be taken to a county jail or municipal lockup under
613	613	16 the direct and constant supervision of a juvenile police
614	614	17 officer. During such time as is necessary to conduct a lineup,
615	615	18 and while supervised by a juvenile police officer, the sight
616	616	19 and sound separation provisions shall not apply.
617	617	20 (g) For purposes of processing a minor, the minor may be
618	618	21 taken to a county jail or municipal lockup under the direct and
619	619	22 constant supervision of a law enforcement officer or
620	620	23 correctional officer. During such time as is necessary to
621	621	24 process the minor, and while supervised by a law enforcement
622	622	25 officer or correctional officer, the sight and sound
623	623	26 separation provisions shall not apply.
624	624
625	625
626	626
627	627
628	628
629	629	HB2956 - 17 - LRB103 25548 RLC 51897 b
630	630
631	631
632	632	HB2956- 18 -LRB103 25548 RLC 51897 b HB2956 - 18 - LRB103 25548 RLC 51897 b
633	633	HB2956 - 18 - LRB103 25548 RLC 51897 b
634	634	1 (3) If the probation officer or State's Attorney (or such
635	635	2 other public officer designated by the court in a county
636	636	3 having 3,000,000 or more inhabitants) determines that the
637	637	4 minor may be a delinquent minor as described in subsection (3)
638	638	5 of Section 5-105, and should be retained in custody but does
639	639	6 not require physical restriction, the minor may be placed in
640	640	7 non-secure custody for up to 40 hours pending a detention
641	641	8 hearing.
642	642	9 (4) Any minor taken into temporary custody, not requiring
643	643	10 secure detention, may, however, be detained in the home of his
644	644	11 or her parent or guardian subject to such conditions as the
645	645	12 court may impose.
646	646	13 (5) The changes made to this Section by Public Act 98-61
647	647	14 apply to a minor who has been arrested or taken into custody on
648	648	15 or after January 1, 2014 (the effective date of Public Act
649	649	16 98-61).
650	650	17 (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
651	651	18 (705 ILCS 405/5-750)
652	652	19 Sec. 5-750. Commitment to the Department of Juvenile
653	653	20 Justice.
654	654	21 (1) Except as provided in subsection (2) of this Section,
655	655	22 when any delinquent has been adjudged a ward of the court under
656	656	23 this Act, the court may commit him or her to the Department of
657	657	24 Juvenile Justice, if it finds that (a) his or her parents,
658	658	25 guardian or legal custodian are unfit or are unable, for some
659	659
660	660
661	661
662	662
663	663
664	664	HB2956 - 18 - LRB103 25548 RLC 51897 b
665	665
666	666
667	667	HB2956- 19 -LRB103 25548 RLC 51897 b HB2956 - 19 - LRB103 25548 RLC 51897 b
668	668	HB2956 - 19 - LRB103 25548 RLC 51897 b
669	669	1 reason other than financial circumstances alone, to care for,
670	670	2 protect, train or discipline the minor, or are unwilling to do
671	671	3 so, and the best interests of the minor and the public will not
672	672	4 be served by placement under Section 5-740, or it is necessary
673	673	5 to ensure the protection of the public from the consequences
674	674	6 of criminal activity of the delinquent; and (b) commitment to
675	675	7 the Department of Juvenile Justice is the least restrictive
676	676	8 alternative based on evidence that efforts were made to locate
677	677	9 less restrictive alternatives to secure confinement and the
678	678	10 reasons why efforts were unsuccessful in locating a less
679	679	11 restrictive alternative to secure confinement. Before the
680	680	12 court commits a minor to the Department of Juvenile Justice,
681	681	13 it shall make a finding that secure confinement is necessary,
682	682	14 following a review of the following individualized factors:
683	683	15 (A) Age of the minor.
684	684	16 (B) Criminal background of the minor.
685	685	17 (C) Review of results of any assessments of the minor,
686	686	18 including child centered assessments such as the CANS.
687	687	19 (D) Educational background of the minor, indicating
688	688	20 whether the minor has ever been assessed for a learning
689	689	21 disability, and if so what services were provided as well
690	690	22 as any disciplinary incidents at school.
691	691	23 (E) Physical, mental and emotional health of the
692	692	24 minor, indicating whether the minor has ever been
693	693	25 diagnosed with a health issue and if so what services were
694	694	26 provided and whether the minor was compliant with
695	695
696	696
697	697
698	698
699	699
700	700	HB2956 - 19 - LRB103 25548 RLC 51897 b
701	701
702	702
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704	704	HB2956 - 20 - LRB103 25548 RLC 51897 b
705	705	1 services.
706	706	2 (F) Community based services that have been provided
707	707	3 to the minor, and whether the minor was compliant with the
708	708	4 services, and the reason the services were unsuccessful.
709	709	5 (G) Services within the Department of Juvenile Justice
710	710	6 that will meet the individualized needs of the minor.
711	711	7 (1.5) Before the court commits a minor to the Department
712	712	8 of Juvenile Justice, the court must find reasonable efforts
713	713	9 have been made to prevent or eliminate the need for the minor
714	714	10 to be removed from the home, or reasonable efforts cannot, at
715	715	11 this time, for good cause, prevent or eliminate the need for
716	716	12 removal, and removal from home is in the best interests of the
717	717	13 minor, the minor's family, and the public.
718	718	14 (2) When a minor of the age of at least 13 years is
719	719	15 adjudged delinquent for the offense of: (i) first degree
720	720	16 murder; (ii) attempted first degree murder; or (iii) any
721	721	17 offense involving the use or discharge of a firearm upon
722	722	18 school grounds or any part of a building or grounds used for
723	723	19 school purposes, including any conveyance owned, leased, or
724	724	20 contracted by a school to transport students to or from school
725	725	21 or a school related activity that results in bodily injury or
726	726	22 death to any person, the court shall declare the minor a ward
727	727	23 of the court and order the minor committed to the Department of
728	728	24 Juvenile Justice until the minor's 21st birthday, without the
729	729	25 possibility of aftercare release, furlough, or non-emergency
730	730	26 authorized absence for a period of 5 years from the date the
731	731
732	732
733	733
734	734
735	735
736	736	HB2956 - 20 - LRB103 25548 RLC 51897 b
737	737
738	738
739	739	HB2956- 21 -LRB103 25548 RLC 51897 b HB2956 - 21 - LRB103 25548 RLC 51897 b
740	740	HB2956 - 21 - LRB103 25548 RLC 51897 b
741	741	1 minor was committed to the Department of Juvenile Justice,
742	742	2 except that the time that a minor spent in custody for the
743	743	3 instant offense before being committed to the Department of
744	744	4 Juvenile Justice shall be considered as time credited towards
745	745	5 that 5 year period. Upon release from a Department facility, a
746	746	6 minor adjudged delinquent for first degree murder shall be
747	747	7 placed on aftercare release until the age of 21, unless sooner
748	748	8 discharged from aftercare release or custodianship is
749	749	9 otherwise terminated in accordance with this Act or as
750	750	10 otherwise provided for by law. Nothing in this subsection (2)
751	751	11 shall preclude the State's Attorney from seeking to prosecute
752	752	12 a minor as an adult as an alternative to proceeding under this
753	753	13 Act.
754	754	14 (3) Except as provided in subsection (2), the commitment
755	755	15 of a delinquent to the Department of Juvenile Justice shall be
756	756	16 for an indeterminate term which shall automatically terminate
757	757	17 upon the delinquent attaining the age of 21 years or upon
758	758	18 completion of that period for which an adult could be
759	759	19 committed for the same act, whichever occurs sooner, unless
760	760	20 the delinquent is sooner discharged from aftercare release or
761	761	21 custodianship is otherwise terminated in accordance with this
762	762	22 Act or as otherwise provided for by law.
763	763	23 (3.5) Every delinquent minor committed to the Department
764	764	24 of Juvenile Justice under this Act shall be eligible for
765	765	25 aftercare release without regard to the length of time the
766	766	26 minor has been confined or whether the minor has served any
767	767
768	768
769	769
770	770
771	771
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773	773
774	774
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776	776	HB2956 - 22 - LRB103 25548 RLC 51897 b
777	777	1 minimum term imposed. Aftercare release shall be administered
778	778	2 by the Department of Juvenile Justice, under the direction of
779	779	3 the Director. Unless sooner discharged, the Department of
780	780	4 Juvenile Justice shall discharge a minor from aftercare
781	781	5 release upon completion of the following aftercare release
782	782	6 terms:
783	783	7 (a) One and a half years from the date a minor is
784	784	8 released from a Department facility, if the minor was
785	785	9 committed for a Class X felony;
786	786	10 (b) One year from the date a minor is released from a
787	787	11 Department facility, if the minor was committed for a
788	788	12 Class 1 or 2 felony; and
789	789	13 (c) Six months from the date a minor is released from a
790	790	14 Department facility, if the minor was committed for a
791	791	15 Class 3 felony or lesser offense.
792	792	16 (4) When the court commits a minor to the Department of
793	793	17 Juvenile Justice, it shall order him or her conveyed forthwith
794	794	18 to the appropriate reception station or other place designated
795	795	19 by the Department of Juvenile Justice, and shall appoint the
796	796	20 Director of Juvenile Justice legal custodian of the minor. The
797	797	21 clerk of the court shall issue to the Director of Juvenile
798	798	22 Justice a certified copy of the order, which constitutes proof
799	799	23 of the Director's authority. No other process need issue to
800	800	24 warrant the keeping of the minor.
801	801	25 (5) If a minor is committed to the Department of Juvenile
802	802	26 Justice, the clerk of the court shall forward to the
803	803
804	804
805	805
806	806
807	807
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809	809
810	810
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812	812	HB2956 - 23 - LRB103 25548 RLC 51897 b
813	813	1 Department:
814	814	2 (a) the sentencing order and copies of committing
815	815	3 petition;
816	816	4 (b) all reports;
817	817	5 (c) the court's statement of the basis for ordering
818	818	6 the disposition;
819	819	7 (d) any sex offender evaluations;
820	820	8 (e) any risk assessment or substance abuse treatment
821	821	9 eligibility screening and assessment of the minor by an
822	822	10 agent designated by the State to provide assessment
823	823	11 services for the courts;
824	824	12 (f) the number of days, if any, which the minor has
825	825	13 been in custody and for which he or she is entitled to
826	826	14 credit against the sentence, which information shall be
827	827	15 provided to the clerk by the sheriff;
828	828	16 (g) any medical or mental health records or summaries
829	829	17 of the minor;
830	830	18 (h) the municipality where the arrest of the minor
831	831	19 occurred, the commission of the offense occurred, and the
832	832	20 minor resided at the time of commission;
833	833	21 (h-5) a report detailing the minor's criminal history
834	834	22 in a manner and form prescribed by the Department of
835	835	23 Juvenile Justice;
836	836	24 (i) all additional matters which the court directs the
837	837	25 clerk to transmit; and
838	838	26 (j) all police reports for sex offenses as defined by
839	839
840	840
841	841
842	842
843	843
844	844	HB2956 - 23 - LRB103 25548 RLC 51897 b
845	845
846	846
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848	848	HB2956 - 24 - LRB103 25548 RLC 51897 b
849	849	1 the Sex Offender Management Board Act.
850	850	2 (6) Whenever the Department of Juvenile Justice lawfully
851	851	3 discharges from its custody and control a minor committed to
852	852	4 it, the Director of Juvenile Justice shall petition the court
853	853	5 for an order terminating his or her custodianship. The
854	854	6 custodianship shall terminate automatically 30 days after
855	855	7 receipt of the petition unless the court orders otherwise.
856	856	8 (7) If, while on aftercare release, a minor committed to
857	857	9 the Department of Juvenile Justice who resides in this State
858	858	10 is charged under the criminal laws of this State, the criminal
859	859	11 laws of any other state, or federal law with an offense that
860	860	12 could result in a sentence of imprisonment within the
861	861	13 Department of Corrections, the penal system of any state, or
862	862	14 the federal Bureau of Prisons, the commitment to the
863	863	15 Department of Juvenile Justice and all rights and duties
864	864	16 created by that commitment are automatically suspended pending
865	865	17 final disposition of the criminal charge. If the minor is
866	866	18 found guilty of the criminal charge and sentenced to a term of
867	867	19 imprisonment in the penitentiary system of the Department of
868	868	20 Corrections, the penal system of any state, or the federal
869	869	21 Bureau of Prisons, the commitment to the Department of
870	870	22 Juvenile Justice shall be automatically terminated. If the
871	871	23 criminal charge is dismissed, the minor is found not guilty,
872	872	24 or the minor completes a criminal sentence other than
873	873	25 imprisonment within the Department of Corrections, the penal
874	874	26 system of any state, or the federal Bureau of Prisons, the
875	875
876	876
877	877
878	878
879	879
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881	881
882	882
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884	884	HB2956 - 25 - LRB103 25548 RLC 51897 b
885	885	1 previously imposed commitment to the Department of Juvenile
886	886	2 Justice and the full aftercare release term shall be
887	887	3 automatically reinstated unless custodianship is sooner
888	888	4 terminated. Nothing in this subsection (7) shall preclude the
889	889	5 court from ordering another sentence under Section 5-710 of
890	890	6 this Act or from terminating the Department's custodianship
891	891	7 while the commitment to the Department is suspended.
892	892	8 (Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
893	893	9 Section 110. The Criminal Code of 2012 is amended by
894	894	10 changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, 24-3, and
895	895	11 24-3.7 as follows:
896	896	12 (720 ILCS 5/18-4)
897	897	13 Sec. 18-4. Aggravated vehicular hijacking.
898	898	14 (a) A person commits aggravated vehicular hijacking when
899	899	15 he or she violates Section 18-3; and
900	900	16 (1) the person from whose immediate presence the motor
901	901	17 vehicle is taken is a person with a physical disability or
902	902	18 a person 60 years of age or over; or
903	903	19 (2) a person under 16 years of age is a passenger in
904	904	20 the motor vehicle at the time of the offense; or
905	905	21 (3) he or she carries on or about his or her person, or
906	906	22 is otherwise armed with a dangerous weapon, other than a
907	907	23 firearm; or
908	908	24 (4) he or she carries on or about his or her person or
909	909
910	910
911	911
912	912
913	913
914	914	HB2956 - 25 - LRB103 25548 RLC 51897 b
915	915
916	916
917	917	HB2956- 26 -LRB103 25548 RLC 51897 b HB2956 - 26 - LRB103 25548 RLC 51897 b
918	918	HB2956 - 26 - LRB103 25548 RLC 51897 b
919	919	1 is otherwise armed with a firearm; or
920	920	2 (5) he or she, during the commission of the offense,
921	921	3 personally discharges a firearm; or
922	922	4 (6) he or she, during the commission of the offense,
923	923	5 personally discharges a firearm that proximately causes
924	924	6 great bodily harm, permanent disability, permanent
925	925	7 disfigurement, or death to another person.
926	926	8 (b) Sentence. Aggravated vehicular hijacking is a Class X
927	927	9 felony for a first offense for which a term of imprisonment of
928	928	10 not less than 10 years and not more than 60 years shall be
929	929	11 imposed. A second or subsequent offense is a Class X felony for
930	930	12 which a term of natural life imprisonment shall be imposed in
931	931	13 violation of subsections (a)(1) or (a)(2) is a Class X felony.
932	932	14 A violation of subsection (a)(3) is a Class X felony for which
933	933	15 a term of imprisonment of not less than 7 years shall be
934	934	16 imposed. A violation of subsection (a)(4) is a Class X felony
935	935	17 for which 15 years shall be added to the term of imprisonment
936	936	18 imposed by the court. A violation of subsection (a)(5) is a
937	937	19 Class X felony for which 20 years shall be added to the term of
938	938	20 imprisonment imposed by the court. A violation of subsection
939	939	21 (a)(6) is a Class X felony for which 25 years or up to a term
940	940	22 of natural life shall be added to the term of imprisonment
941	941	23 imposed by the court.
942	942	24 (Source: P.A. 99-143, eff. 7-27-15.)
943	943	25 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
944	944
945	945
946	946
947	947
948	948
949	949	HB2956 - 26 - LRB103 25548 RLC 51897 b
950	950
951	951
952	952	HB2956- 27 -LRB103 25548 RLC 51897 b HB2956 - 27 - LRB103 25548 RLC 51897 b
953	953	HB2956 - 27 - LRB103 25548 RLC 51897 b
954	954	1 Sec. 24-1.1. Unlawful use or possession of weapons by
955	955	2 felons or persons in the custody of the Department of
956	956	3 Corrections facilities.
957	957	4 (a) It is unlawful for a person to knowingly possess on or
958	958	5 about his person or on his land or in his own abode or fixed
959	959	6 place of business any weapon prohibited under Section 24-1 of
960	960	7 this Act or any firearm or any firearm ammunition if the person
961	961	8 has been convicted of a felony under the laws of this State or
962	962	9 any other jurisdiction. This Section shall not apply if the
963	963	10 person has been granted relief by the Director of the Illinois
964	964	11 State Police under Section 10 of the Firearm Owners
965	965	12 Identification Card Act.
966	966	13 (b) It is unlawful for any person confined in a penal
967	967	14 institution, which is a facility of the Illinois Department of
968	968	15 Corrections, to possess any weapon prohibited under Section
969	969	16 24-1 of this Code or any firearm or firearm ammunition,
970	970	17 regardless of the intent with which he possesses it.
971	971	18 (c) It shall be an affirmative defense to a violation of
972	972	19 subsection (b), that such possession was specifically
973	973	20 authorized by rule, regulation, or directive of the Illinois
974	974	21 Department of Corrections or order issued pursuant thereto.
975	975	22 (d) The defense of necessity is not available to a person
976	976	23 who is charged with a violation of subsection (b) of this
977	977	24 Section.
978	978	25 (e) Sentence. Violation of this Section is a Class X
979	979	26 felony for a first offense for which a term of imprisonment of
980	980
981	981
982	982
983	983
984	984
985	985	HB2956 - 27 - LRB103 25548 RLC 51897 b
986	986
987	987
988	988	HB2956- 28 -LRB103 25548 RLC 51897 b HB2956 - 28 - LRB103 25548 RLC 51897 b
989	989	HB2956 - 28 - LRB103 25548 RLC 51897 b
990	990	1 not less than 10 years shall be imposed. A second or subsequent
991	991	2 offense is a Class X felony for which a term of natural life
992	992	3 imprisonment shall be imposed by a person not confined in a
993	993	4 penal institution shall be a Class 3 felony for which the
994	994	5 person shall be sentenced to no less than 2 years and no more
995	995	6 than 10 years. A second or subsequent violation of this
996	996	7 Section shall be a Class 2 felony for which the person shall be
997	997	8 sentenced to a term of imprisonment of not less than 3 years
998	998	9 and not more than 14 years, except as provided for in Section
999	999	10 5-4.5-110 of the Unified Code of Corrections. Violation of
1000	1000	11 this Section by a person not confined in a penal institution
1001	1001	12 who has been convicted of a forcible felony, a felony
1002	1002	13 violation of Article 24 of this Code or of the Firearm Owners
1003	1003	14 Identification Card Act, stalking or aggravated stalking, or a
1004	1004	15 Class 2 or greater felony under the Illinois Controlled
1005	1005	16 Substances Act, the Cannabis Control Act, or the
1006	1006	17 Methamphetamine Control and Community Protection Act is a
1007	1007	18 Class 2 felony for which the person shall be sentenced to not
1008	1008	19 less than 3 years and not more than 14 years, except as
1009	1009	20 provided for in Section 5-4.5-110 of the Unified Code of
1010	1010	21 Corrections. Violation of this Section by a person who is on
1011	1011	22 parole or mandatory supervised release is a Class 2 felony for
1012	1012	23 which the person shall be sentenced to not less than 3 years
1013	1013	24 and not more than 14 years, except as provided for in Section
1014	1014	25 5-4.5-110 of the Unified Code of Corrections. Violation of
1015	1015	26 this Section by a person not confined in a penal institution is
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021	HB2956 - 28 - LRB103 25548 RLC 51897 b
1022	1022
1023	1023
1024	1024	HB2956- 29 -LRB103 25548 RLC 51897 b HB2956 - 29 - LRB103 25548 RLC 51897 b
1025	1025	HB2956 - 29 - LRB103 25548 RLC 51897 b
1026	1026	1 a Class X felony when the firearm possessed is a machine gun.
1027	1027	2 Any person who violates this Section while confined in a penal
1028	1028	3 institution, which is a facility of the Illinois Department of
1029	1029	4 Corrections, is guilty of a Class 1 felony, if he possesses any
1030	1030	5 weapon prohibited under Section 24-1 of this Code regardless
1031	1031	6 of the intent with which he possesses it, a Class X felony if
1032	1032	7 he possesses any firearm, firearm ammunition or explosive, and
1033	1033	8 a Class X felony for which the offender shall be sentenced to
1034	1034	9 not less than 12 years and not more than 50 years when the
1035	1035	10 firearm possessed is a machine gun. A violation of this
1036	1036	11 Section while wearing or in possession of body armor as
1037	1037	12 defined in Section 33F-1 is a Class X felony punishable by a
1038	1038	13 term of imprisonment of not less than 10 years and not more
1039	1039	14 than 40 years. The possession of each firearm or firearm
1040	1040	15 ammunition in violation of this Section constitutes a single
1041	1041	16 and separate violation.
1042	1042	17 (Source: P.A. 102-538, eff. 8-20-21.)
1043	1043	18 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
1044	1044	19 Sec. 24-1.2. Aggravated discharge of a firearm.
1045	1045	20 (a) A person commits aggravated discharge of a firearm
1046	1046	21 when he or she knowingly or intentionally:
1047	1047	22 (1) Discharges a firearm at or into a building he or
1048	1048	23 she knows or reasonably should know to be occupied and the
1049	1049	24 firearm is discharged from a place or position outside
1050	1050	25 that building;
1051	1051
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056	HB2956 - 29 - LRB103 25548 RLC 51897 b
1057	1057
1058	1058
1059	1059	HB2956- 30 -LRB103 25548 RLC 51897 b HB2956 - 30 - LRB103 25548 RLC 51897 b
1060	1060	HB2956 - 30 - LRB103 25548 RLC 51897 b
1061	1061	1 (2) Discharges a firearm in the direction of another
1062	1062	2 person or in the direction of a vehicle he or she knows or
1063	1063	3 reasonably should know to be occupied by a person;
1064	1064	4 (3) Discharges a firearm in the direction of a person
1065	1065	5 he or she knows to be a peace officer, a community policing
1066	1066	6 volunteer, a correctional institution employee, or a
1067	1067	7 fireman while the officer, volunteer, employee or fireman
1068	1068	8 is engaged in the execution of any of his or her official
1069	1069	9 duties, or to prevent the officer, volunteer, employee or
1070	1070	10 fireman from performing his or her official duties, or in
1071	1071	11 retaliation for the officer, volunteer, employee or
1072	1072	12 fireman performing his or her official duties;
1073	1073	13 (4) Discharges a firearm in the direction of a vehicle
1074	1074	14 he or she knows to be occupied by a peace officer, a person
1075	1075	15 summoned or directed by a peace officer, a correctional
1076	1076	16 institution employee or a fireman while the officer,
1077	1077	17 employee or fireman is engaged in the execution of any of
1078	1078	18 his or her official duties, or to prevent the officer,
1079	1079	19 employee or fireman from performing his or her official
1080	1080	20 duties, or in retaliation for the officer, employee or
1081	1081	21 fireman performing his or her official duties;
1082	1082	22 (5) Discharges a firearm in the direction of a person
1083	1083	23 he or she knows to be emergency medical services personnel
1084	1084	24 who is engaged in the execution of any of his or her
1085	1085	25 official duties, or to prevent the emergency medical
1086	1086	26 services personnel from performing his or her official
1087	1087
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092	HB2956 - 30 - LRB103 25548 RLC 51897 b
1093	1093
1094	1094
1095	1095	HB2956- 31 -LRB103 25548 RLC 51897 b HB2956 - 31 - LRB103 25548 RLC 51897 b
1096	1096	HB2956 - 31 - LRB103 25548 RLC 51897 b
1097	1097	1 duties, or in retaliation for the emergency medical
1098	1098	2 services personnel performing his or her official duties;
1099	1099	3 (6) Discharges a firearm in the direction of a vehicle
1100	1100	4 he or she knows to be occupied by emergency medical
1101	1101	5 services personnel while the emergency medical services
1102	1102	6 personnel is engaged in the execution of any of his or her
1103	1103	7 official duties, or to prevent the emergency medical
1104	1104	8 services personnel from performing his or her official
1105	1105	9 duties, or in retaliation for the emergency medical
1106	1106	10 services personnel performing his or her official duties;
1107	1107	11 (7) Discharges a firearm in the direction of a person
1108	1108	12 he or she knows to be a teacher or other person employed in
1109	1109	13 any school and the teacher or other employee is upon the
1110	1110	14 grounds of a school or grounds adjacent to a school, or is
1111	1111	15 in any part of a building used for school purposes;
1112	1112	16 (8) Discharges a firearm in the direction of a person
1113	1113	17 he or she knows to be an emergency management worker while
1114	1114	18 the emergency management worker is engaged in the
1115	1115	19 execution of any of his or her official duties, or to
1116	1116	20 prevent the emergency management worker from performing
1117	1117	21 his or her official duties, or in retaliation for the
1118	1118	22 emergency management worker performing his or her official
1119	1119	23 duties; or
1120	1120	24 (9) Discharges a firearm in the direction of a vehicle
1121	1121	25 he or she knows to be occupied by an emergency management
1122	1122	26 worker while the emergency management worker is engaged in
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128	HB2956 - 31 - LRB103 25548 RLC 51897 b
1129	1129
1130	1130
1131	1131	HB2956- 32 -LRB103 25548 RLC 51897 b HB2956 - 32 - LRB103 25548 RLC 51897 b
1132	1132	HB2956 - 32 - LRB103 25548 RLC 51897 b
1133	1133	1 the execution of any of his or her official duties, or to
1134	1134	2 prevent the emergency management worker from performing
1135	1135	3 his or her official duties, or in retaliation for the
1136	1136	4 emergency management worker performing his or her official
1137	1137	5 duties; .
1138	1138	6 (10) discharges a firearm in the direction of a person
1139	1139	7 he or she knows to be a person under 18 years old;
1140	1140	8 (11) discharges a firearm in the direction of a person
1141	1141	9 he or she knows to be a veteran;
1142	1142	10 (12) discharges a firearm in the direction of a person
1143	1143	11 he or she knows to be 60 years of age or older;
1144	1144	12 (13) discharges a firearm in the direction of a person
1145	1145	13 he or she knows to be pregnant or has a physical
1146	1146	14 disability;
1147	1147	15 (14) discharges a firearm in the direction of a person
1148	1148	16 he or she knows to be gathering for worship;
1149	1149	17 (15) discharges a firearm in the direction of a person
1150	1150	18 he or she knows to be boarding or riding public transit;
1151	1151	19 (16) discharges a firearm in the direction of a person
1152	1152	20 he or she knows to be a student at an institution of higher
1153	1153	21 education;
1154	1154	22 (17) discharges a firearm in the direction of a person
1155	1155	23 who is in a public roadway, a park, public housing, a
1156	1156	24 school, a building under the control of the State or a unit
1157	1157	25 of local government, a church, a hospital, a nursing home,
1158	1158	26 any bus, train, or form of transportation paid for in
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163
1164	1164	HB2956 - 32 - LRB103 25548 RLC 51897 b
1165	1165
1166	1166
1167	1167	HB2956- 33 -LRB103 25548 RLC 51897 b HB2956 - 33 - LRB103 25548 RLC 51897 b
1168	1168	HB2956 - 33 - LRB103 25548 RLC 51897 b
1169	1169	1 whole or in part with public funds, or any building, real
1170	1170	2 property, or parking area under the control of a public
1171	1171	3 transportation facility paid for in whole or in part with
1172	1172	4 public funds; or
1173	1173	5 (18) discharges a firearm during the commission or
1174	1174	6 attempted commission of vehicular hijacking.
1175	1175	7 (b) A violation of subsection (a)(1) or subsection (a)(2)
1176	1176	8 of this Section is a Class 1 felony. A violation of subsection
1177	1177	9 (a)(1) or (a)(2) of this Section committed in a school, on the
1178	1178	10 real property comprising a school, within 1,000 feet of the
1179	1179	11 real property comprising a school, at a school related
1180	1180	12 activity or on or within 1,000 feet of any conveyance owned,
1181	1181	13 leased, or contracted by a school to transport students to or
1182	1182	14 from school or a school related activity, regardless of the
1183	1183	15 time of day or time of year that the offense was committed is a
1184	1184	16 Class X felony. A violation of subsection (a)(3), (a)(4),
1185	1185	17 (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11),
1186	1186	18 (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or
1187	1187	19 (a)(18) of this Section is a Class X felony for which the
1188	1188	20 sentence shall be a term of imprisonment of no less than 10
1189	1189	21 years and not more than 45 years.
1190	1190	22 (c) For purposes of this Section:
1191	1191	23 "Emergency medical services personnel" has the meaning
1192	1192	24 specified in Section 3.5 of the Emergency Medical Services
1193	1193	25 (EMS) Systems Act and shall include all ambulance crew
1194	1194	26 members, including drivers or pilots.
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199
1200	1200	HB2956 - 33 - LRB103 25548 RLC 51897 b
1201	1201
1202	1202
1203	1203	HB2956- 34 -LRB103 25548 RLC 51897 b HB2956 - 34 - LRB103 25548 RLC 51897 b
1204	1204	HB2956 - 34 - LRB103 25548 RLC 51897 b
1205	1205	1 "School" means a public or private elementary or secondary
1206	1206	2 school, community college, college, or university.
1207	1207	3 "School related activity" means any sporting, social,
1208	1208	4 academic, or other activity for which students' attendance or
1209	1209	5 participation is sponsored, organized, or funded in whole or
1210	1210	6 in part by a school or school district.
1211	1211	7 (Source: P.A. 99-816, eff. 8-15-16.)
1212	1212	8 (720 ILCS 5/24-1.7)
1213	1213	9 Sec. 24-1.7. Armed habitual criminal.
1214	1214	10 (a) A person commits the offense of being an armed
1215	1215	11 habitual criminal if he or she receives, sells, possesses, or
1216	1216	12 transfers any firearm after having been convicted a total of 2
1217	1217	13 or more times of any combination of the following offenses:
1218	1218	14 (1) a forcible felony as defined in Section 2-8 of
1219	1219	15 this Code;
1220	1220	16 (2) unlawful use of a weapon by a felon; aggravated
1221	1221	17 unlawful use of a weapon; aggravated discharge of a
1222	1222	18 firearm; vehicular hijacking; aggravated vehicular
1223	1223	19 hijacking; aggravated battery of a child as described in
1224	1224	20 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
1225	1225	21 intimidation; aggravated intimidation; gunrunning; home
1226	1226	22 invasion; or aggravated battery with a firearm as
1227	1227	23 described in Section 12-4.2 or subdivision (e)(1), (e)(2),
1228	1228	24 (e)(3), or (e)(4) of Section 12-3.05; or
1229	1229	25 (3) any violation of the Illinois Controlled
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	HB2956 - 34 - LRB103 25548 RLC 51897 b
1236	1236
1237	1237
1238	1238	HB2956- 35 -LRB103 25548 RLC 51897 b HB2956 - 35 - LRB103 25548 RLC 51897 b
1239	1239	HB2956 - 35 - LRB103 25548 RLC 51897 b
1240	1240	1 Substances Act or the Cannabis Control Act that is
1241	1241	2 punishable as a Class 3 felony or higher.
1242	1242	3 (b) Sentence. Being an armed habitual criminal is a Class
1243	1243	4 X felony for a first offense for which a term of imprisonment
1244	1244	5 of not less than 10 years and not more than 30 years shall be
1245	1245	6 imposed. A second or subsequent offense is a Class X felony for
1246	1246	7 which a term of natural life imprisonment shall be imposed.
1247	1247	8 (Source: P.A. 96-1551, eff. 7-1-11.)
1248	1248	9 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
1249	1249	10 Sec. 24-3. Unlawful sale or delivery of firearms.
1250	1250	11 (A) A person commits the offense of unlawful sale or
1251	1251	12 delivery of firearms when he or she knowingly does any of the
1252	1252	13 following:
1253	1253	14 (a) Sells or gives any firearm of a size which may be
1254	1254	15 concealed upon the person to any person under 18 years of
1255	1255	16 age.
1256	1256	17 (b) Sells or gives any firearm to a person under 21
1257	1257	18 years of age who has been convicted of a misdemeanor other
1258	1258	19 than a traffic offense or adjudged delinquent.
1259	1259	20 (c) Sells or gives any firearm to any narcotic addict.
1260	1260	21 (d) Sells or gives any firearm to any person who has
1261	1261	22 been convicted of a felony under the laws of this or any
1262	1262	23 other jurisdiction.
1263	1263	24 (e) Sells or gives any firearm to any person who has
1264	1264	25 been a patient in a mental institution within the past 5
1265	1265
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270	HB2956 - 35 - LRB103 25548 RLC 51897 b
1271	1271
1272	1272
1273	1273	HB2956- 36 -LRB103 25548 RLC 51897 b HB2956 - 36 - LRB103 25548 RLC 51897 b
1274	1274	HB2956 - 36 - LRB103 25548 RLC 51897 b
1275	1275	1 years. In this subsection (e):
1276	1276	2 "Mental institution" means any hospital,
1277	1277	3 institution, clinic, evaluation facility, mental
1278	1278	4 health center, or part thereof, which is used
1279	1279	5 primarily for the care or treatment of persons with
1280	1280	6 mental illness.
1281	1281	7 "Patient in a mental institution" means the person
1282	1282	8 was admitted, either voluntarily or involuntarily, to
1283	1283	9 a mental institution for mental health treatment,
1284	1284	10 unless the treatment was voluntary and solely for an
1285	1285	11 alcohol abuse disorder and no other secondary
1286	1286	12 substance abuse disorder or mental illness.
1287	1287	13 (f) Sells or gives any firearms to any person who is a
1288	1288	14 person with an intellectual disability.
1289	1289	15 (g) Delivers any firearm, incidental to a sale,
1290	1290	16 without withholding delivery of the firearm for at least
1291	1291	17 72 hours after application for its purchase has been made,
1292	1292	18 or delivers a stun gun or taser, incidental to a sale,
1293	1293	19 without withholding delivery of the stun gun or taser for
1294	1294	20 at least 24 hours after application for its purchase has
1295	1295	21 been made. However, this paragraph (g) does not apply to:
1296	1296	22 (1) the sale of a firearm to a law enforcement officer if
1297	1297	23 the seller of the firearm knows that the person to whom he
1298	1298	24 or she is selling the firearm is a law enforcement officer
1299	1299	25 or the sale of a firearm to a person who desires to
1300	1300	26 purchase a firearm for use in promoting the public
1301	1301
1302	1302
1303	1303
1304	1304
1305	1305
1306	1306	HB2956 - 36 - LRB103 25548 RLC 51897 b
1307	1307
1308	1308
1309	1309	HB2956- 37 -LRB103 25548 RLC 51897 b HB2956 - 37 - LRB103 25548 RLC 51897 b
1310	1310	HB2956 - 37 - LRB103 25548 RLC 51897 b
1311	1311	1 interest incident to his or her employment as a bank
1312	1312	2 guard, armed truck guard, or other similar employment; (2)
1313	1313	3 a mail order sale of a firearm from a federally licensed
1314	1314	4 firearms dealer to a nonresident of Illinois under which
1315	1315	5 the firearm is mailed to a federally licensed firearms
1316	1316	6 dealer outside the boundaries of Illinois; (3) (blank);
1317	1317	7 (4) the sale of a firearm to a dealer licensed as a federal
1318	1318	8 firearms dealer under Section 923 of the federal Gun
1319	1319	9 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
1320	1320	10 sale of any rifle, shotgun, or other long gun to a resident
1321	1321	11 registered competitor or attendee or non-resident
1322	1322	12 registered competitor or attendee by any dealer licensed
1323	1323	13 as a federal firearms dealer under Section 923 of the
1324	1324	14 federal Gun Control Act of 1968 at competitive shooting
1325	1325	15 events held at the World Shooting Complex sanctioned by a
1326	1326	16 national governing body. For purposes of transfers or
1327	1327	17 sales under subparagraph (5) of this paragraph (g), the
1328	1328	18 Department of Natural Resources shall give notice to the
1329	1329	19 Illinois State Police at least 30 calendar days prior to
1330	1330	20 any competitive shooting events at the World Shooting
1331	1331	21 Complex sanctioned by a national governing body. The
1332	1332	22 notification shall be made on a form prescribed by the
1333	1333	23 Illinois State Police. The sanctioning body shall provide
1334	1334	24 a list of all registered competitors and attendees at
1335	1335	25 least 24 hours before the events to the Illinois State
1336	1336	26 Police. Any changes to the list of registered competitors
1337	1337
1338	1338
1339	1339
1340	1340
1341	1341
1342	1342	HB2956 - 37 - LRB103 25548 RLC 51897 b
1343	1343
1344	1344
1345	1345	HB2956- 38 -LRB103 25548 RLC 51897 b HB2956 - 38 - LRB103 25548 RLC 51897 b
1346	1346	HB2956 - 38 - LRB103 25548 RLC 51897 b
1347	1347	1 and attendees shall be forwarded to the Illinois State
1348	1348	2 Police as soon as practicable. The Illinois State Police
1349	1349	3 must destroy the list of registered competitors and
1350	1350	4 attendees no later than 30 days after the date of the
1351	1351	5 event. Nothing in this paragraph (g) relieves a federally
1352	1352	6 licensed firearm dealer from the requirements of
1353	1353	7 conducting a NICS background check through the Illinois
1354	1354	8 Point of Contact under 18 U.S.C. 922(t). For purposes of
1355	1355	9 this paragraph (g), "application" means when the buyer and
1356	1356	10 seller reach an agreement to purchase a firearm. For
1357	1357	11 purposes of this paragraph (g), "national governing body"
1358	1358	12 means a group of persons who adopt rules and formulate
1359	1359	13 policy on behalf of a national firearm sporting
1360	1360	14 organization.
1361	1361	15 (h) While holding any license as a dealer, importer,
1362	1362	16 manufacturer or pawnbroker under the federal Gun Control
1363	1363	17 Act of 1968, manufactures, sells or delivers to any
1364	1364	18 unlicensed person a handgun having a barrel, slide, frame
1365	1365	19 or receiver which is a die casting of zinc alloy or any
1366	1366	20 other nonhomogeneous metal which will melt or deform at a
1367	1367	21 temperature of less than 800 degrees Fahrenheit. For
1368	1368	22 purposes of this paragraph, (1) "firearm" is defined as in
1369	1369	23 the Firearm Owners Identification Card Act; and (2)
1370	1370	24 "handgun" is defined as a firearm designed to be held and
1371	1371	25 fired by the use of a single hand, and includes a
1372	1372	26 combination of parts from which such a firearm can be
1373	1373
1374	1374
1375	1375
1376	1376
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1379	1379
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1382	1382	HB2956 - 39 - LRB103 25548 RLC 51897 b
1383	1383	1 assembled.
1384	1384	2 (i) Sells or gives a firearm of any size to any person
1385	1385	3 under 18 years of age who does not possess a valid Firearm
1386	1386	4 Owner's Identification Card.
1387	1387	5 (j) Sells or gives a firearm while engaged in the
1388	1388	6 business of selling firearms at wholesale or retail
1389	1389	7 without being licensed as a federal firearms dealer under
1390	1390	8 Section 923 of the federal Gun Control Act of 1968 (18
1391	1391	9 U.S.C. 923). In this paragraph (j):
1392	1392	10 A person "engaged in the business" means a person who
1393	1393	11 devotes time, attention, and labor to engaging in the
1394	1394	12 activity as a regular course of trade or business with the
1395	1395	13 principal objective of livelihood and profit, but does not
1396	1396	14 include a person who makes occasional repairs of firearms
1397	1397	15 or who occasionally fits special barrels, stocks, or
1398	1398	16 trigger mechanisms to firearms.
1399	1399	17 "With the principal objective of livelihood and
1400	1400	18 profit" means that the intent underlying the sale or
1401	1401	19 disposition of firearms is predominantly one of obtaining
1402	1402	20 livelihood and pecuniary gain, as opposed to other
1403	1403	21 intents, such as improving or liquidating a personal
1404	1404	22 firearms collection; however, proof of profit shall not be
1405	1405	23 required as to a person who engages in the regular and
1406	1406	24 repetitive purchase and disposition of firearms for
1407	1407	25 criminal purposes or terrorism.
1408	1408	26 (k) Sells or transfers ownership of a firearm to a
1409	1409
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1415	1415
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1418	1418	HB2956 - 40 - LRB103 25548 RLC 51897 b
1419	1419	1 person who does not display to the seller or transferor of
1420	1420	2 the firearm either: (1) a currently valid Firearm Owner's
1421	1421	3 Identification Card that has previously been issued in the
1422	1422	4 transferee's name by the Illinois State Police under the
1423	1423	5 provisions of the Firearm Owners Identification Card Act;
1424	1424	6 or (2) a currently valid license to carry a concealed
1425	1425	7 firearm that has previously been issued in the
1426	1426	8 transferee's name by the Illinois State Police under the
1427	1427	9 Firearm Concealed Carry Act. This paragraph (k) does not
1428	1428	10 apply to the transfer of a firearm to a person who is
1429	1429	11 exempt from the requirement of possessing a Firearm
1430	1430	12 Owner's Identification Card under Section 2 of the Firearm
1431	1431	13 Owners Identification Card Act. For the purposes of this
1432	1432	14 Section, a currently valid Firearm Owner's Identification
1433	1433	15 Card or license to carry a concealed firearm means receipt
1434	1434	16 of an approval number issued in accordance with subsection
1435	1435	17 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
1436	1436	18 Identification Card Act.
1437	1437	19 (1) In addition to the other requirements of this
1438	1438	20 paragraph (k), all persons who are not federally
1439	1439	21 licensed firearms dealers must also have complied with
1440	1440	22 subsection (a-10) of Section 3 of the Firearm Owners
1441	1441	23 Identification Card Act by determining the validity of
1442	1442	24 a purchaser's Firearm Owner's Identification Card.
1443	1443	25 (2) All sellers or transferors who have complied
1444	1444	26 with the requirements of subparagraph (1) of this
1445	1445
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1454	1454	HB2956 - 41 - LRB103 25548 RLC 51897 b
1455	1455	1 paragraph (k) shall not be liable for damages in any
1456	1456	2 civil action arising from the use or misuse by the
1457	1457	3 transferee of the firearm transferred, except for
1458	1458	4 willful or wanton misconduct on the part of the seller
1459	1459	5 or transferor.
1460	1460	6 (l) Not being entitled to the possession of a firearm,
1461	1461	7 delivers the firearm, knowing it to have been stolen or
1462	1462	8 converted. It may be inferred that a person who possesses
1463	1463	9 a firearm with knowledge that its serial number has been
1464	1464	10 removed or altered has knowledge that the firearm is
1465	1465	11 stolen or converted.
1466	1466	12 (B) Paragraph (h) of subsection (A) does not include
1467	1467	13 firearms sold within 6 months after enactment of Public Act
1468	1468	14 78-355 (approved August 21, 1973, effective October 1, 1973),
1469	1469	15 nor is any firearm legally owned or possessed by any citizen or
1470	1470	16 purchased by any citizen within 6 months after the enactment
1471	1471	17 of Public Act 78-355 subject to confiscation or seizure under
1472	1472	18 the provisions of that Public Act. Nothing in Public Act
1473	1473	19 78-355 shall be construed to prohibit the gift or trade of any
1474	1474	20 firearm if that firearm was legally held or acquired within 6
1475	1475	21 months after the enactment of that Public Act.
1476	1476	22 (C) Sentence.
1477	1477	23 (1) Any person convicted of unlawful sale or delivery
1478	1478	24 of firearms in violation of paragraph (c), (e), (f), (g),
1479	1479	25 or (h) of subsection (A) commits a Class 4 felony.
1480	1480	26 (2) Any person convicted of unlawful sale or delivery
1481	1481
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1483	1483
1484	1484
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1487	1487
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1490	1490	HB2956 - 42 - LRB103 25548 RLC 51897 b
1491	1491	1 of firearms in violation of paragraph (b) or (i) of
1492	1492	2 subsection (A) commits a Class 3 felony.
1493	1493	3 (3) Any person convicted of unlawful sale or delivery
1494	1494	4 of firearms in violation of paragraph (a) of subsection
1495	1495	5 (A) commits a Class 2 felony.
1496	1496	6 (4) Any person convicted of unlawful sale or delivery
1497	1497	7 of firearms in violation of paragraph (a), (b), or (i) of
1498	1498	8 subsection (A) in any school, on the real property
1499	1499	9 comprising a school, within 1,000 feet of the real
1500	1500	10 property comprising a school, at a school related
1501	1501	11 activity, or on or within 1,000 feet of any conveyance
1502	1502	12 owned, leased, or contracted by a school or school
1503	1503	13 district to transport students to or from school or a
1504	1504	14 school related activity, regardless of the time of day or
1505	1505	15 time of year at which the offense was committed, commits a
1506	1506	16 Class 1 felony. Any person convicted of a second or
1507	1507	17 subsequent violation of unlawful sale or delivery of
1508	1508	18 firearms in violation of paragraph (a), (b), or (i) of
1509	1509	19 subsection (A) in any school, on the real property
1510	1510	20 comprising a school, within 1,000 feet of the real
1511	1511	21 property comprising a school, at a school related
1512	1512	22 activity, or on or within 1,000 feet of any conveyance
1513	1513	23 owned, leased, or contracted by a school or school
1514	1514	24 district to transport students to or from school or a
1515	1515	25 school related activity, regardless of the time of day or
1516	1516	26 time of year at which the offense was committed, commits a
1517	1517
1518	1518
1519	1519
1520	1520
1521	1521
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1523	1523
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1526	1526	HB2956 - 43 - LRB103 25548 RLC 51897 b
1527	1527	1 Class 1 felony for which the sentence shall be a term of
1528	1528	2 imprisonment of no less than 5 years and no more than 15
1529	1529	3 years.
1530	1530	4 (5) Any person convicted of unlawful sale or delivery
1531	1531	5 of firearms in violation of paragraph (a) or (i) of
1532	1532	6 subsection (A) in residential property owned, operated, or
1533	1533	7 managed by a public housing agency or leased by a public
1534	1534	8 housing agency as part of a scattered site or mixed-income
1535	1535	9 development, in a public park, in a courthouse, on
1536	1536	10 residential property owned, operated, or managed by a
1537	1537	11 public housing agency or leased by a public housing agency
1538	1538	12 as part of a scattered site or mixed-income development,
1539	1539	13 on the real property comprising any public park, on the
1540	1540	14 real property comprising any courthouse, or on any public
1541	1541	15 way within 1,000 feet of the real property comprising any
1542	1542	16 public park, courthouse, or residential property owned,
1543	1543	17 operated, or managed by a public housing agency or leased
1544	1544	18 by a public housing agency as part of a scattered site or
1545	1545	19 mixed-income development commits a Class 2 felony.
1546	1546	20 (6) Any person convicted of unlawful sale or delivery
1547	1547	21 of firearms in violation of paragraph (j) of subsection
1548	1548	22 (A) commits a Class A misdemeanor. A second or subsequent
1549	1549	23 violation is a Class 4 felony.
1550	1550	24 (7) Any person convicted of unlawful sale or delivery
1551	1551	25 of firearms in violation of paragraph (k) of subsection
1552	1552	26 (A) commits a Class 4 felony, except that a violation of
1553	1553
1554	1554
1555	1555
1556	1556
1557	1557
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1559	1559
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1562	1562	HB2956 - 44 - LRB103 25548 RLC 51897 b
1563	1563	1 subparagraph (1) of paragraph (k) of subsection (A) shall
1564	1564	2 not be punishable as a crime or petty offense. A third or
1565	1565	3 subsequent conviction for a violation of paragraph (k) of
1566	1566	4 subsection (A) is a Class 1 felony.
1567	1567	5 (8) A person 18 years of age or older convicted of
1568	1568	6 unlawful sale or delivery of firearms in violation of
1569	1569	7 paragraph (a) or (i) of subsection (A), when the firearm
1570	1570	8 that was sold or given to another person under 18 years of
1571	1571	9 age was used in the commission of or attempt to commit a
1572	1572	10 forcible felony, shall be fined or imprisoned, or both,
1573	1573	11 not to exceed the maximum provided for the most serious
1574	1574	12 forcible felony so committed or attempted by the person
1575	1575	13 under 18 years of age who was sold or given the firearm.
1576	1576	14 (9) Any person convicted of unlawful sale or delivery
1577	1577	15 of firearms in violation of paragraph (d) of subsection
1578	1578	16 (A) commits a Class X felony for which he or she shall be
1579	1579	17 sentenced to a term of imprisonment of not less than 10
1580	1580	18 years and not more than 30 years 3 felony.
1581	1581	19 (10) Any person convicted of unlawful sale or delivery
1582	1582	20 of firearms in violation of paragraph (l) of subsection
1583	1583	21 (A) commits a Class 2 felony if the delivery is of one
1584	1584	22 firearm. Any person convicted of unlawful sale or delivery
1585	1585	23 of firearms in violation of paragraph (l) of subsection
1586	1586	24 (A) commits a Class 1 felony if the delivery is of not less
1587	1587	25 than 2 and not more than 5 firearms at the same time or
1588	1588	26 within a one-year period. Any person convicted of unlawful
1589	1589
1590	1590
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1595	1595
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1599	1599	1 sale or delivery of firearms in violation of paragraph (l)
1600	1600	2 of subsection (A) commits a Class X felony for which he or
1601	1601	3 she shall be sentenced to a term of imprisonment of not
1602	1602	4 less than 6 years and not more than 30 years if the
1603	1603	5 delivery is of not less than 6 and not more than 10
1604	1604	6 firearms at the same time or within a 2-year period. Any
1605	1605	7 person convicted of unlawful sale or delivery of firearms
1606	1606	8 in violation of paragraph (l) of subsection (A) commits a
1607	1607	9 Class X felony for which he or she shall be sentenced to a
1608	1608	10 term of imprisonment of not less than 6 years and not more
1609	1609	11 than 40 years if the delivery is of not less than 11 and
1610	1610	12 not more than 20 firearms at the same time or within a
1611	1611	13 3-year period. Any person convicted of unlawful sale or
1612	1612	14 delivery of firearms in violation of paragraph (l) of
1613	1613	15 subsection (A) commits a Class X felony for which he or she
1614	1614	16 shall be sentenced to a term of imprisonment of not less
1615	1615	17 than 6 years and not more than 50 years if the delivery is
1616	1616	18 of not less than 21 and not more than 30 firearms at the
1617	1617	19 same time or within a 4-year period. Any person convicted
1618	1618	20 of unlawful sale or delivery of firearms in violation of
1619	1619	21 paragraph (l) of subsection (A) commits a Class X felony
1620	1620	22 for which he or she shall be sentenced to a term of
1621	1621	23 imprisonment of not less than 6 years and not more than 60
1622	1622	24 years if the delivery is of 31 or more firearms at the same
1623	1623	25 time or within a 5-year period.
1624	1624	26 (D) For purposes of this Section:
1625	1625
1626	1626
1627	1627
1628	1628
1629	1629
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1631	1631
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1634	1634	HB2956 - 46 - LRB103 25548 RLC 51897 b
1635	1635	1 "School" means a public or private elementary or secondary
1636	1636	2 school, community college, college, or university.
1637	1637	3 "School related activity" means any sporting, social,
1638	1638	4 academic, or other activity for which students' attendance or
1639	1639	5 participation is sponsored, organized, or funded in whole or
1640	1640	6 in part by a school or school district.
1641	1641	7 (E) A prosecution for a violation of paragraph (k) of
1642	1642	8 subsection (A) of this Section may be commenced within 6 years
1643	1643	9 after the commission of the offense. A prosecution for a
1644	1644	10 violation of this Section other than paragraph (g) of
1645	1645	11 subsection (A) of this Section may be commenced within 5 years
1646	1646	12 after the commission of the offense defined in the particular
1647	1647	13 paragraph.
1648	1648	14 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
1649	1649	15 102-813, eff. 5-13-22.)
1650	1650	16 (720 ILCS 5/24-3.7)
1651	1651	17 Sec. 24-3.7. Use of a stolen or illegally acquired firearm
1652	1652	18 in the commission of an offense.
1653	1653	19 (a) A person commits the offense of use of a stolen or
1654	1654	20 illegally acquired firearm in the commission of an offense
1655	1655	21 when he or she knowingly uses a stolen or illegally acquired
1656	1656	22 firearm in the commission of any offense and the person knows
1657	1657	23 that the firearm was stolen or illegally acquired.
1658	1658	24 (b) Sentence. Use of a stolen or illegally acquired
1659	1659	25 firearm in the commission of an offense is a Class X felony for
1660	1660
1661	1661
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1669	1669	HB2956 - 47 - LRB103 25548 RLC 51897 b
1670	1670	1 a first offense for which a term of imprisonment of not less
1671	1671	2 than 10 years shall be imposed. A second or subsequent offense
1672	1672	3 is a Class X felony for which a term of natural life
1673	1673	4 imprisonment shall be imposed 2 felony.
1674	1674	5 (c) "Illegally acquired firearm" means a firearm acquired
1675	1675	6 in violation of Section 24-3.
1676	1676	7 (Source: P.A. 96-190, eff. 1-1-10.)
1677	1677	8 Section 115. The Code of Criminal Procedure of 1963 is
1678	1678	9 amended by changing Sections 102-7.1 and 110-19 and by adding
1679	1679	10 Section 110-4.5 as follows:
1680	1680	11 (725 ILCS 5/102-7.1)
1681	1681	12 (Text of Section before amendment by P.A. 102-982)
1682	1682	13 Sec. 102-7.1. "Category A offense". "Category A offense"
1683	1683	14 means a Class 1 felony, Class 2 felony, Class X felony, first
1684	1684	15 degree murder, a violation of Section 11-204 of the Illinois
1685	1685	16 Vehicle Code, a second or subsequent violation of Section
1686	1686	17 11-501 of the Illinois Vehicle Code, a violation of subsection
1687	1687	18 (d) of Section 11-501 of the Illinois Vehicle Code, a
1688	1688	19 violation of Section 11-401 of the Illinois Vehicle Code if
1689	1689	20 the accident results in injury and the person failed to report
1690	1690	21 the accident within 30 minutes, a violation of Section 9-3,
1691	1691	22 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
1692	1692	23 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
1693	1693	24 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
1694	1694
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1700	1700
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1703	1703	HB2956 - 48 - LRB103 25548 RLC 51897 b
1704	1704	1 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
1705	1705	2 second or subsequent violation of 12-3.2 or 12-3.4 of the
1706	1706	3 Criminal Code of 2012, a violation of paragraph (5) or (6) of
1707	1707	4 subsection (b) of Section 10-9 of the Criminal Code of 2012, a
1708	1708	5 violation of subsection (b) or (c) or paragraph (1) or (2) of
1709	1709	6 subsection (a) of Section 11-1.50 of the Criminal Code of
1710	1710	7 2012, a violation of Section 12-7 of the Criminal Code of 2012
1711	1711	8 if the defendant inflicts bodily harm on the victim to obtain a
1712	1712	9 confession, statement, or information, a violation of Section
1713	1713	10 12-7.5 of the Criminal Code of 2012 if the action results in
1714	1714	11 bodily harm, a violation of paragraph (3) of subsection (b) of
1715	1715	12 Section 17-2 of the Criminal Code of 2012, a violation of
1716	1716	13 subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
1717	1717	14 2012, a violation of paragraph (6) of subsection (a) of
1718	1718	15 Section 24-1 of the Criminal Code of 2012, a first violation of
1719	1719	16 Section 24-1.6 of the Criminal Code of 2012 by a person 18
1720	1720	17 years of age or older where the factors listed in both items
1721	1721	18 (A) and (C) or both items (A-5) and (C) of paragraph (3) of
1722	1722	19 subsection (a) of Section 24-1.6 of the Criminal Code of 2012
1723	1723	20 are present, a Class 3 felony violation of paragraph (1) of
1724	1724	21 subsection (a) of Section 2 of the Firearm Owners
1725	1725	22 Identification Card Act, or a violation of Section 10 of the
1726	1726	23 Sex Offender Registration Act.
1727	1727	24 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
1728	1728	25 (Text of Section after amendment by P.A. 102-982)
1729	1729
1730	1730
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1738	1738	HB2956 - 49 - LRB103 25548 RLC 51897 b
1739	1739	1 Sec. 102-7.1. "Category A offense". "Category A offense"
1740	1740	2 means a Class 1 felony, Class 2 felony, Class X felony, first
1741	1741	3 degree murder, a violation of Section 11-204 or 11-204.1 of
1742	1742	4 the Illinois Vehicle Code, a second or subsequent violation of
1743	1743	5 Section 11-501 of the Illinois Vehicle Code, a violation of
1744	1744	6 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
1745	1745	7 a violation of Section 11-401 of the Illinois Vehicle Code if
1746	1746	8 the crash results in injury and the person failed to report the
1747	1747	9 crash within 30 minutes, a violation of Section 9-3, 9-3.4,
1748	1748	10 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
1749	1749	11 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
1750	1750	12 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
1751	1751	13 25-1, 26.5-2, 31-6, 32-10, or 48-1 of the Criminal Code of
1752	1752	14 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of
1753	1753	15 the Criminal Code of 2012, a violation of paragraph (5) or (6)
1754	1754	16 of subsection (b) of Section 10-9 of the Criminal Code of 2012,
1755	1755	17 a violation of subsection (b) or (c) or paragraph (1) or (2) of
1756	1756	18 subsection (a) of Section 11-1.50 of the Criminal Code of
1757	1757	19 2012, a violation of Section 12-7 of the Criminal Code of 2012
1758	1758	20 if the defendant inflicts bodily harm on the victim to obtain a
1759	1759	21 confession, statement, or information, a violation of Section
1760	1760	22 12-7.5 of the Criminal Code of 2012 if the action results in
1761	1761	23 bodily harm, a violation of paragraph (3) of subsection (b) of
1762	1762	24 Section 17-2 of the Criminal Code of 2012, a violation of
1763	1763	25 subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
1764	1764	26 2012, a violation of paragraph (6) of subsection (a) of
1765	1765
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1771	1771
1772	1772
1773	1773	HB2956- 50 -LRB103 25548 RLC 51897 b HB2956 - 50 - LRB103 25548 RLC 51897 b
1774	1774	HB2956 - 50 - LRB103 25548 RLC 51897 b
1775	1775	1 Section 24-1 of the Criminal Code of 2012, a first violation of
1776	1776	2 Section 24-1.6 of the Criminal Code of 2012 by a person 18
1777	1777	3 years of age or older where the factors listed in both items
1778	1778	4 (A) and (C) or both items (A-5) and (C) of paragraph (3) of
1779	1779	5 subsection (a) of Section 24-1.6 of the Criminal Code of 2012
1780	1780	6 are present, a Class 3 felony violation of paragraph (1) of
1781	1781	7 subsection (a) of Section 2 of the Firearm Owners
1782	1782	8 Identification Card Act, or a violation of Section 10 of the
1783	1783	9 Sex Offender Registration Act.
1784	1784	10 (Source: P.A. 102-982, eff. 7-1-23.)
1785	1785	11 (725 ILCS 5/110-4.5 new)
1786	1786	12 Sec. 110-4.5. Denial of bail and pretrial release; firearm
1787	1787	13 offenses. Notwithstanding any other provision of this Code to
1788	1788	14 the contrary, the denial of bail or pretrial release is
1789	1789	15 required if the person is a felon who is charged with a firearm
1790	1790	16 offense.
1791	1791	17 (725 ILCS 5/110-19 new)
1792	1792	18 Sec. 110-19. Bail reform opt out. Notwithstanding any
1793	1793	19 other provision of law to the contrary, a county with a
1794	1794	20 population of less than 3,000,000 does not have to comply with
1795	1795	21 the changes made by Public Act 100-1 and the changes made to
1796	1796	22 Article 110 of this Code by Public Acts 101-652 and 102-28 if
1797	1797	23 the county board adopts a resolution for that purpose on or
1798	1798	24 after the effective date of this amendatory Act of the 103rd
1799	1799
1800	1800
1801	1801
1802	1802
1803	1803
1804	1804	HB2956 - 50 - LRB103 25548 RLC 51897 b
1805	1805
1806	1806
1807	1807	HB2956- 51 -LRB103 25548 RLC 51897 b HB2956 - 51 - LRB103 25548 RLC 51897 b
1808	1808	HB2956 - 51 - LRB103 25548 RLC 51897 b
1809	1809	1 General Assembly.
1810	1810	2 Section 120. The Unified Code of Corrections is amended by
1811	1811	3 changing Sections 3-6-3, 5-4.5-110, 5-5-3, and 5-8-4 as
1812	1812	4 follows:
1813	1813	5 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
1814	1814	6 Sec. 3-6-3. Rules and regulations for sentence credit.
1815	1815	7 (a)(1) The Department of Corrections shall prescribe rules
1816	1816	8 and regulations for awarding and revoking sentence credit for
1817	1817	9 persons committed to the Department of Corrections and the
1818	1818	10 Department of Juvenile Justice shall prescribe rules and
1819	1819	11 regulations for awarding and revoking sentence credit for
1820	1820	12 persons committed to the Department of Juvenile Justice under
1821	1821	13 Section 5-8-6 of the Unified Code of Corrections, which shall
1822	1822	14 be subject to review by the Prisoner Review Board.
1823	1823	15 (1.5) As otherwise provided by law, sentence credit may be
1824	1824	16 awarded for the following:
1825	1825	17 (A) successful completion of programming while in
1826	1826	18 custody of the Department of Corrections or the Department
1827	1827	19 of Juvenile Justice or while in custody prior to
1828	1828	20 sentencing;
1829	1829	21 (B) compliance with the rules and regulations of the
1830	1830	22 Department; or
1831	1831	23 (C) service to the institution, service to a
1832	1832	24 community, or service to the State.
1833	1833
1834	1834
1835	1835
1836	1836
1837	1837
1838	1838	HB2956 - 51 - LRB103 25548 RLC 51897 b
1839	1839
1840	1840
1841	1841	HB2956- 52 -LRB103 25548 RLC 51897 b HB2956 - 52 - LRB103 25548 RLC 51897 b
1842	1842	HB2956 - 52 - LRB103 25548 RLC 51897 b
1843	1843	1 (2) Except as provided in paragraph (4.7) of this
1844	1844	2 subsection (a), the rules and regulations on sentence credit
1845	1845	3 shall provide, with respect to offenses listed in clause (i),
1846	1846	4 (ii), or (iii) of this paragraph (2) committed on or after June
1847	1847	5 19, 1998 or with respect to the offense listed in clause (iv)
1848	1848	6 of this paragraph (2) committed on or after June 23, 2005 (the
1849	1849	7 effective date of Public Act 94-71) or with respect to offense
1850	1850	8 listed in clause (vi) committed on or after June 1, 2008 (the
1851	1851	9 effective date of Public Act 95-625) or with respect to the
1852	1852	10 offense of being an armed habitual criminal committed on or
1853	1853	11 after August 2, 2005 (the effective date of Public Act 94-398)
1854	1854	12 or with respect to the offenses listed in clause (v) of this
1855	1855	13 paragraph (2) committed on or after August 13, 2007 (the
1856	1856	14 effective date of Public Act 95-134) or with respect to the
1857	1857	15 offense of aggravated domestic battery committed on or after
1858	1858	16 July 23, 2010 (the effective date of Public Act 96-1224) or
1859	1859	17 with respect to the offense of attempt to commit terrorism
1860	1860	18 committed on or after January 1, 2013 (the effective date of
1861	1861	19 Public Act 97-990) or with respect to the offense of
1862	1862	20 aggravated battery under paragraph (4) of subsection (d) of
1863	1863	21 Section 12-3.05 of the Criminal Code of 2012 in which the
1864	1864	22 victim was a peace officer committed on or after the effective
1865	1865	23 date of this amendatory Act of the 103rd General Assembly or
1866	1866	24 with respect to the offense of bringing contraband into a
1867	1867	25 penal institution as described in subsection (a) of Section
1868	1868	26 31A-1.1 of the Criminal Code of 2012 committed on or after the
1869	1869
1870	1870
1871	1871
1872	1872
1873	1873
1874	1874	HB2956 - 52 - LRB103 25548 RLC 51897 b
1875	1875
1876	1876
1877	1877	HB2956- 53 -LRB103 25548 RLC 51897 b HB2956 - 53 - LRB103 25548 RLC 51897 b
1878	1878	HB2956 - 53 - LRB103 25548 RLC 51897 b
1879	1879	1 effective date of this amendatory Act of the 103rd General
1880	1880	2 Assembly, the following:
1881	1881	3 (i) that a prisoner who is serving a term of
1882	1882	4 imprisonment for first degree murder or for the offense of
1883	1883	5 terrorism shall receive no sentence credit and shall serve
1884	1884	6 the entire sentence imposed by the court;
1885	1885	7 (ii) that a prisoner serving a sentence for attempt to
1886	1886	8 commit terrorism, attempt to commit first degree murder,
1887	1887	9 solicitation of murder, solicitation of murder for hire,
1888	1888	10 intentional homicide of an unborn child, predatory
1889	1889	11 criminal sexual assault of a child, aggravated criminal
1890	1890	12 sexual assault, criminal sexual assault, aggravated
1891	1891	13 kidnapping, aggravated battery with a firearm as described
1892	1892	14 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
1893	1893	15 or (e)(4) of Section 12-3.05, heinous battery as described
1894	1894	16 in Section 12-4.1 or subdivision (a)(2) of Section
1895	1895	17 12-3.05, being an armed habitual criminal, aggravated
1896	1896	18 battery of a senior citizen as described in Section 12-4.6
1897	1897	19 or subdivision (a)(4) of Section 12-3.05, or aggravated
1898	1898	20 battery of a child as described in Section 12-4.3 or
1899	1899	21 subdivision (b)(1) of Section 12-3.05 shall receive no
1900	1900	22 more than 4.5 days of sentence credit for each month of his
1901	1901	23 or her sentence of imprisonment;
1902	1902	24 (iii) that a prisoner serving a sentence for home
1903	1903	25 invasion, armed robbery, aggravated vehicular hijacking,
1904	1904	26 aggravated discharge of a firearm, or armed violence with
1905	1905
1906	1906
1907	1907
1908	1908
1909	1909
1910	1910	HB2956 - 53 - LRB103 25548 RLC 51897 b
1911	1911
1912	1912
1913	1913	HB2956- 54 -LRB103 25548 RLC 51897 b HB2956 - 54 - LRB103 25548 RLC 51897 b
1914	1914	HB2956 - 54 - LRB103 25548 RLC 51897 b
1915	1915	1 a category I weapon or category II weapon, when the court
1916	1916	2 has made and entered a finding, pursuant to subsection
1917	1917	3 (c-1) of Section 5-4-1 of this Code, that the conduct
1918	1918	4 leading to conviction for the enumerated offense resulted
1919	1919	5 in great bodily harm to a victim, shall receive no more
1920	1920	6 than 4.5 days of sentence credit for each month of his or
1921	1921	7 her sentence of imprisonment;
1922	1922	8 (iv) that a prisoner serving a sentence for aggravated
1923	1923	9 discharge of a firearm, whether or not the conduct leading
1924	1924	10 to conviction for the offense resulted in great bodily
1925	1925	11 harm to the victim, shall receive no more than 4.5 days of
1926	1926	12 sentence credit for each month of his or her sentence of
1927	1927	13 imprisonment;
1928	1928	14 (v) that a person serving a sentence for gunrunning,
1929	1929	15 narcotics racketeering, controlled substance trafficking,
1930	1930	16 methamphetamine trafficking, drug-induced homicide,
1931	1931	17 aggravated methamphetamine-related child endangerment,
1932	1932	18 money laundering pursuant to clause (c) (4) or (5) of
1933	1933	19 Section 29B-1 of the Criminal Code of 1961 or the Criminal
1934	1934	20 Code of 2012, or a Class X felony conviction for delivery
1935	1935	21 of a controlled substance, possession of a controlled
1936	1936	22 substance with intent to manufacture or deliver,
1937	1937	23 calculated criminal drug conspiracy, criminal drug
1938	1938	24 conspiracy, street gang criminal drug conspiracy,
1939	1939	25 participation in methamphetamine manufacturing,
1940	1940	26 aggravated participation in methamphetamine
1941	1941
1942	1942
1943	1943
1944	1944
1945	1945
1946	1946	HB2956 - 54 - LRB103 25548 RLC 51897 b
1947	1947
1948	1948
1949	1949	HB2956- 55 -LRB103 25548 RLC 51897 b HB2956 - 55 - LRB103 25548 RLC 51897 b
1950	1950	HB2956 - 55 - LRB103 25548 RLC 51897 b
1951	1951	1 manufacturing, delivery of methamphetamine, possession
1952	1952	2 with intent to deliver methamphetamine, aggravated
1953	1953	3 delivery of methamphetamine, aggravated possession with
1954	1954	4 intent to deliver methamphetamine, methamphetamine
1955	1955	5 conspiracy when the substance containing the controlled
1956	1956	6 substance or methamphetamine is 100 grams or more shall
1957	1957	7 receive no more than 7.5 days sentence credit for each
1958	1958	8 month of his or her sentence of imprisonment;
1959	1959	9 (vi) that a prisoner serving a sentence for a second
1960	1960	10 or subsequent offense of luring a minor shall receive no
1961	1961	11 more than 4.5 days of sentence credit for each month of his
1962	1962	12 or her sentence of imprisonment; and
1963	1963	13 (vii) that a prisoner serving a sentence for
1964	1964	14 aggravated domestic battery shall receive no more than 4.5
1965	1965	15 days of sentence credit for each month of his or her
1966	1966	16 sentence of imprisonment; .
1967	1967	17 (viii) that a prisoner serving a sentence for
1968	1968	18 aggravated battery under paragraph (4) of subsection (d)
1969	1969	19 of Section 12-3.05 of the Criminal Code of 2012 in which
1970	1970	20 the victim was a peace officer shall receive no more than
1971	1971	21 4.5 days of sentence credit for each month of his or her
1972	1972	22 sentence of imprisonment; and
1973	1973	23 (ix) that a prisoner serving a sentence for bringing
1974	1974	24 contraband into a penal institution as described in
1975	1975	25 subsection (a) of Section 31A-1.1 of the Criminal Code of
1976	1976	26 2012 committed on or after the effective date of this
1977	1977
1978	1978
1979	1979
1980	1980
1981	1981
1982	1982	HB2956 - 55 - LRB103 25548 RLC 51897 b
1983	1983
1984	1984
1985	1985	HB2956- 56 -LRB103 25548 RLC 51897 b HB2956 - 56 - LRB103 25548 RLC 51897 b
1986	1986	HB2956 - 56 - LRB103 25548 RLC 51897 b
1987	1987	1 amendatory Act of the 103rd General Assembly shall receive
1988	1988	2 no more than 4.5 days of sentence credit for each month of
1989	1989	3 his or her sentence of imprisonment.
1990	1990	4 (2.1) For all offenses, other than those enumerated in
1991	1991	5 subdivision (a)(2)(i), (ii), or (iii) committed on or after
1992	1992	6 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
1993	1993	7 June 23, 2005 (the effective date of Public Act 94-71) or
1994	1994	8 subdivision (a)(2)(v) committed on or after August 13, 2007
1995	1995	9 (the effective date of Public Act 95-134) or subdivision
1996	1996	10 (a)(2)(vi) committed on or after June 1, 2008 (the effective
1997	1997	11 date of Public Act 95-625) or subdivision (a)(2)(vii)
1998	1998	12 committed on or after July 23, 2010 (the effective date of
1999	1999	13 Public Act 96-1224)or subdivision (a)(2)(viii) committed on or
2000	2000	14 after the effective date of this amendatory Act of the 103rd
2001	2001	15 General Assembly or subdivision (a)(2)(ix) committed on or
2002	2002	16 after the effective date of this amendatory Act of the 103rd
2003	2003	17 General Assembly, and other than the offense of aggravated
2004	2004	18 driving under the influence of alcohol, other drug or drugs,
2005	2005	19 or intoxicating compound or compounds, or any combination
2006	2006	20 thereof as defined in subparagraph (F) of paragraph (1) of
2007	2007	21 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
2008	2008	22 and other than the offense of aggravated driving under the
2009	2009	23 influence of alcohol, other drug or drugs, or intoxicating
2010	2010	24 compound or compounds, or any combination thereof as defined
2011	2011	25 in subparagraph (C) of paragraph (1) of subsection (d) of
2012	2012	26 Section 11-501 of the Illinois Vehicle Code committed on or
2013	2013
2014	2014
2015	2015
2016	2016
2017	2017
2018	2018	HB2956 - 56 - LRB103 25548 RLC 51897 b
2019	2019
2020	2020
2021	2021	HB2956- 57 -LRB103 25548 RLC 51897 b HB2956 - 57 - LRB103 25548 RLC 51897 b
2022	2022	HB2956 - 57 - LRB103 25548 RLC 51897 b
2023	2023	1 after January 1, 2011 (the effective date of Public Act
2024	2024	2 96-1230), the rules and regulations shall provide that a
2025	2025	3 prisoner who is serving a term of imprisonment shall receive
2026	2026	4 one day of sentence credit for each day of his or her sentence
2027	2027	5 of imprisonment or recommitment under Section 3-3-9. Each day
2028	2028	6 of sentence credit shall reduce by one day the prisoner's
2029	2029	7 period of imprisonment or recommitment under Section 3-3-9.
2030	2030	8 (2.2) A prisoner serving a term of natural life
2031	2031	9 imprisonment or a prisoner who has been sentenced to death
2032	2032	10 shall receive no sentence credit.
2033	2033	11 (2.3) Except as provided in paragraph (4.7) of this
2034	2034	12 subsection (a), the rules and regulations on sentence credit
2035	2035	13 shall provide that a prisoner who is serving a sentence for
2036	2036	14 aggravated driving under the influence of alcohol, other drug
2037	2037	15 or drugs, or intoxicating compound or compounds, or any
2038	2038	16 combination thereof as defined in subparagraph (F) of
2039	2039	17 paragraph (1) of subsection (d) of Section 11-501 of the
2040	2040	18 Illinois Vehicle Code, shall receive no more than 4.5 days of
2041	2041	19 sentence credit for each month of his or her sentence of
2042	2042	20 imprisonment.
2043	2043	21 (2.4) Except as provided in paragraph (4.7) of this
2044	2044	22 subsection (a), the rules and regulations on sentence credit
2045	2045	23 shall provide with respect to the offenses of aggravated
2046	2046	24 battery with a machine gun or a firearm equipped with any
2047	2047	25 device or attachment designed or used for silencing the report
2048	2048	26 of a firearm or aggravated discharge of a machine gun or a
2049	2049
2050	2050
2051	2051
2052	2052
2053	2053
2054	2054	HB2956 - 57 - LRB103 25548 RLC 51897 b
2055	2055
2056	2056
2057	2057	HB2956- 58 -LRB103 25548 RLC 51897 b HB2956 - 58 - LRB103 25548 RLC 51897 b
2058	2058	HB2956 - 58 - LRB103 25548 RLC 51897 b
2059	2059	1 firearm equipped with any device or attachment designed or
2060	2060	2 used for silencing the report of a firearm, committed on or
2061	2061	3 after July 15, 1999 (the effective date of Public Act 91-121),
2062	2062	4 that a prisoner serving a sentence for any of these offenses
2063	2063	5 shall receive no more than 4.5 days of sentence credit for each
2064	2064	6 month of his or her sentence of imprisonment.
2065	2065	7 (2.5) Except as provided in paragraph (4.7) of this
2066	2066	8 subsection (a), the rules and regulations on sentence credit
2067	2067	9 shall provide that a prisoner who is serving a sentence for
2068	2068	10 aggravated arson committed on or after July 27, 2001 (the
2069	2069	11 effective date of Public Act 92-176) shall receive no more
2070	2070	12 than 4.5 days of sentence credit for each month of his or her
2071	2071	13 sentence of imprisonment.
2072	2072	14 (2.6) Except as provided in paragraph (4.7) of this
2073	2073	15 subsection (a), the rules and regulations on sentence credit
2074	2074	16 shall provide that a prisoner who is serving a sentence for
2075	2075	17 aggravated driving under the influence of alcohol, other drug
2076	2076	18 or drugs, or intoxicating compound or compounds or any
2077	2077	19 combination thereof as defined in subparagraph (C) of
2078	2078	20 paragraph (1) of subsection (d) of Section 11-501 of the
2079	2079	21 Illinois Vehicle Code committed on or after January 1, 2011
2080	2080	22 (the effective date of Public Act 96-1230) shall receive no
2081	2081	23 more than 4.5 days of sentence credit for each month of his or
2082	2082	24 her sentence of imprisonment.
2083	2083	25 (3) In addition to the sentence credits earned under
2084	2084	26 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
2085	2085
2086	2086
2087	2087
2088	2088
2089	2089
2090	2090	HB2956 - 58 - LRB103 25548 RLC 51897 b
2091	2091
2092	2092
2093	2093	HB2956- 59 -LRB103 25548 RLC 51897 b HB2956 - 59 - LRB103 25548 RLC 51897 b
2094	2094	HB2956 - 59 - LRB103 25548 RLC 51897 b
2095	2095	1 subsection (a), the rules and regulations shall also provide
2096	2096	2 that the Director of Corrections or the Director of Juvenile
2097	2097	3 Justice may award up to 180 days of earned sentence credit for
2098	2098	4 prisoners serving a sentence of incarceration of less than 5
2099	2099	5 years, and up to 365 days of earned sentence credit for
2100	2100	6 prisoners serving a sentence of 5 years or longer. The
2101	2101	7 Director may grant this credit for good conduct in specific
2102	2102	8 instances as either Director deems proper for eligible persons
2103	2103	9 in the custody of each Director's respective Department. The
2104	2104	10 good conduct may include, but is not limited to, compliance
2105	2105	11 with the rules and regulations of the Department, service to
2106	2106	12 the Department, service to a community, or service to the
2107	2107	13 State.
2108	2108	14 Eligible inmates for an award of earned sentence credit
2109	2109	15 under this paragraph (3) may be selected to receive the credit
2110	2110	16 at either Director's or his or her designee's sole discretion.
2111	2111	17 Eligibility for the additional earned sentence credit under
2112	2112	18 this paragraph (3) may be based on, but is not limited to,
2113	2113	19 participation in programming offered by the Department as
2114	2114	20 appropriate for the prisoner based on the results of any
2115	2115	21 available risk/needs assessment or other relevant assessments
2116	2116	22 or evaluations administered by the Department using a
2117	2117	23 validated instrument, the circumstances of the crime,
2118	2118	24 demonstrated commitment to rehabilitation by a prisoner with a
2119	2119	25 history of conviction for a forcible felony enumerated in
2120	2120	26 Section 2-8 of the Criminal Code of 2012, the inmate's
2121	2121
2122	2122
2123	2123
2124	2124
2125	2125
2126	2126	HB2956 - 59 - LRB103 25548 RLC 51897 b
2127	2127
2128	2128
2129	2129	HB2956- 60 -LRB103 25548 RLC 51897 b HB2956 - 60 - LRB103 25548 RLC 51897 b
2130	2130	HB2956 - 60 - LRB103 25548 RLC 51897 b
2131	2131	1 behavior and improvements in disciplinary history while
2132	2132	2 incarcerated, and the inmate's commitment to rehabilitation,
2133	2133	3 including participation in programming offered by the
2134	2134	4 Department.
2135	2135	5 The Director of Corrections or the Director of Juvenile
2136	2136	6 Justice shall not award sentence credit under this paragraph
2137	2137	7 (3) to an inmate unless the inmate has served a minimum of 60
2138	2138	8 days of the sentence; except nothing in this paragraph shall
2139	2139	9 be construed to permit either Director to extend an inmate's
2140	2140	10 sentence beyond that which was imposed by the court. Prior to
2141	2141	11 awarding credit under this paragraph (3), each Director shall
2142	2142	12 make a written determination that the inmate:
2143	2143	13 (A) is eligible for the earned sentence credit;
2144	2144	14 (B) has served a minimum of 60 days, or as close to 60
2145	2145	15 days as the sentence will allow;
2146	2146	16 (B-1) has received a risk/needs assessment or other
2147	2147	17 relevant evaluation or assessment administered by the
2148	2148	18 Department using a validated instrument; and
2149	2149	19 (C) has met the eligibility criteria established by
2150	2150	20 rule for earned sentence credit.
2151	2151	21 The Director of Corrections or the Director of Juvenile
2152	2152	22 Justice shall determine the form and content of the written
2153	2153	23 determination required in this subsection.
2154	2154	24 (3.5) The Department shall provide annual written reports
2155	2155	25 to the Governor and the General Assembly on the award of earned
2156	2156	26 sentence credit no later than February 1 of each year. The
2157	2157
2158	2158
2159	2159
2160	2160
2161	2161
2162	2162	HB2956 - 60 - LRB103 25548 RLC 51897 b
2163	2163
2164	2164
2165	2165	HB2956- 61 -LRB103 25548 RLC 51897 b HB2956 - 61 - LRB103 25548 RLC 51897 b
2166	2166	HB2956 - 61 - LRB103 25548 RLC 51897 b
2167	2167	1 Department must publish both reports on its website within 48
2168	2168	2 hours of transmitting the reports to the Governor and the
2169	2169	3 General Assembly. The reports must include:
2170	2170	4 (A) the number of inmates awarded earned sentence
2171	2171	5 credit;
2172	2172	6 (B) the average amount of earned sentence credit
2173	2173	7 awarded;
2174	2174	8 (C) the holding offenses of inmates awarded earned
2175	2175	9 sentence credit; and
2176	2176	10 (D) the number of earned sentence credit revocations.
2177	2177	11 (4)(A) Except as provided in paragraph (4.7) of this
2178	2178	12 subsection (a), the rules and regulations shall also provide
2179	2179	13 that any prisoner who is engaged full-time in substance abuse
2180	2180	14 programs, correctional industry assignments, educational
2181	2181	15 programs, work-release programs or activities in accordance
2182	2182	16 with Article 13 of Chapter III of this Code, behavior
2183	2183	17 modification programs, life skills courses, or re-entry
2184	2184	18 planning provided by the Department under this paragraph (4)
2185	2185	19 and satisfactorily completes the assigned program as
2186	2186	20 determined by the standards of the Department, shall receive
2187	2187	21 one day of sentence credit for each day in which that prisoner
2188	2188	22 is engaged in the activities described in this paragraph. The
2189	2189	23 rules and regulations shall also provide that sentence credit
2190	2190	24 may be provided to an inmate who was held in pre-trial
2191	2191	25 detention prior to his or her current commitment to the
2192	2192	26 Department of Corrections and successfully completed a
2193	2193
2194	2194
2195	2195
2196	2196
2197	2197
2198	2198	HB2956 - 61 - LRB103 25548 RLC 51897 b
2199	2199
2200	2200
2201	2201	HB2956- 62 -LRB103 25548 RLC 51897 b HB2956 - 62 - LRB103 25548 RLC 51897 b
2202	2202	HB2956 - 62 - LRB103 25548 RLC 51897 b
2203	2203	1 full-time, 60-day or longer substance abuse program,
2204	2204	2 educational program, behavior modification program, life
2205	2205	3 skills course, or re-entry planning provided by the county
2206	2206	4 department of corrections or county jail. Calculation of this
2207	2207	5 county program credit shall be done at sentencing as provided
2208	2208	6 in Section 5-4.5-100 of this Code and shall be included in the
2209	2209	7 sentencing order. The rules and regulations shall also provide
2210	2210	8 that sentence credit may be provided to an inmate who is in
2211	2211	9 compliance with programming requirements in an adult
2212	2212	10 transition center.
2213	2213	11 (B) The Department shall award sentence credit under this
2214	2214	12 paragraph (4) accumulated prior to January 1, 2020 (the
2215	2215	13 effective date of Public Act 101-440) in an amount specified
2216	2216	14 in subparagraph (C) of this paragraph (4) to an inmate serving
2217	2217	15 a sentence for an offense committed prior to June 19, 1998, if
2218	2218	16 the Department determines that the inmate is entitled to this
2219	2219	17 sentence credit, based upon:
2220	2220	18 (i) documentation provided by the Department that the
2221	2221	19 inmate engaged in any full-time substance abuse programs,
2222	2222	20 correctional industry assignments, educational programs,
2223	2223	21 behavior modification programs, life skills courses, or
2224	2224	22 re-entry planning provided by the Department under this
2225	2225	23 paragraph (4) and satisfactorily completed the assigned
2226	2226	24 program as determined by the standards of the Department
2227	2227	25 during the inmate's current term of incarceration; or
2228	2228	26 (ii) the inmate's own testimony in the form of an
2229	2229
2230	2230
2231	2231
2232	2232
2233	2233
2234	2234	HB2956 - 62 - LRB103 25548 RLC 51897 b
2235	2235
2236	2236
2237	2237	HB2956- 63 -LRB103 25548 RLC 51897 b HB2956 - 63 - LRB103 25548 RLC 51897 b
2238	2238	HB2956 - 63 - LRB103 25548 RLC 51897 b
2239	2239	1 affidavit or documentation, or a third party's
2240	2240	2 documentation or testimony in the form of an affidavit
2241	2241	3 that the inmate likely engaged in any full-time substance
2242	2242	4 abuse programs, correctional industry assignments,
2243	2243	5 educational programs, behavior modification programs, life
2244	2244	6 skills courses, or re-entry planning provided by the
2245	2245	7 Department under paragraph (4) and satisfactorily
2246	2246	8 completed the assigned program as determined by the
2247	2247	9 standards of the Department during the inmate's current
2248	2248	10 term of incarceration.
2249	2249	11 (C) If the inmate can provide documentation that he or she
2250	2250	12 is entitled to sentence credit under subparagraph (B) in
2251	2251	13 excess of 45 days of participation in those programs, the
2252	2252	14 inmate shall receive 90 days of sentence credit. If the inmate
2253	2253	15 cannot provide documentation of more than 45 days of
2254	2254	16 participation in those programs, the inmate shall receive 45
2255	2255	17 days of sentence credit. In the event of a disagreement
2256	2256	18 between the Department and the inmate as to the amount of
2257	2257	19 credit accumulated under subparagraph (B), if the Department
2258	2258	20 provides documented proof of a lesser amount of days of
2259	2259	21 participation in those programs, that proof shall control. If
2260	2260	22 the Department provides no documentary proof, the inmate's
2261	2261	23 proof as set forth in clause (ii) of subparagraph (B) shall
2262	2262	24 control as to the amount of sentence credit provided.
2263	2263	25 (D) If the inmate has been convicted of a sex offense as
2264	2264	26 defined in Section 2 of the Sex Offender Registration Act,
2265	2265
2266	2266
2267	2267
2268	2268
2269	2269
2270	2270	HB2956 - 63 - LRB103 25548 RLC 51897 b
2271	2271
2272	2272
2273	2273	HB2956- 64 -LRB103 25548 RLC 51897 b HB2956 - 64 - LRB103 25548 RLC 51897 b
2274	2274	HB2956 - 64 - LRB103 25548 RLC 51897 b
2275	2275	1 sentencing credits under subparagraph (B) of this paragraph
2276	2276	2 (4) shall be awarded by the Department only if the conditions
2277	2277	3 set forth in paragraph (4.6) of subsection (a) are satisfied.
2278	2278	4 No inmate serving a term of natural life imprisonment shall
2279	2279	5 receive sentence credit under subparagraph (B) of this
2280	2280	6 paragraph (4).
2281	2281	7 Educational, vocational, substance abuse, behavior
2282	2282	8 modification programs, life skills courses, re-entry planning,
2283	2283	9 and correctional industry programs under which sentence credit
2284	2284	10 may be earned under this paragraph (4) and paragraph (4.1) of
2285	2285	11 this subsection (a) shall be evaluated by the Department on
2286	2286	12 the basis of documented standards. The Department shall report
2287	2287	13 the results of these evaluations to the Governor and the
2288	2288	14 General Assembly by September 30th of each year. The reports
2289	2289	15 shall include data relating to the recidivism rate among
2290	2290	16 program participants.
2291	2291	17 Availability of these programs shall be subject to the
2292	2292	18 limits of fiscal resources appropriated by the General
2293	2293	19 Assembly for these purposes. Eligible inmates who are denied
2294	2294	20 immediate admission shall be placed on a waiting list under
2295	2295	21 criteria established by the Department. The rules and
2296	2296	22 regulations shall provide that a prisoner who has been placed
2297	2297	23 on a waiting list but is transferred for non-disciplinary
2298	2298	24 reasons before beginning a program shall receive priority
2299	2299	25 placement on the waitlist for appropriate programs at the new
2300	2300	26 facility. The inability of any inmate to become engaged in any
2301	2301
2302	2302
2303	2303
2304	2304
2305	2305
2306	2306	HB2956 - 64 - LRB103 25548 RLC 51897 b
2307	2307
2308	2308
2309	2309	HB2956- 65 -LRB103 25548 RLC 51897 b HB2956 - 65 - LRB103 25548 RLC 51897 b
2310	2310	HB2956 - 65 - LRB103 25548 RLC 51897 b
2311	2311	1 such programs by reason of insufficient program resources or
2312	2312	2 for any other reason established under the rules and
2313	2313	3 regulations of the Department shall not be deemed a cause of
2314	2314	4 action under which the Department or any employee or agent of
2315	2315	5 the Department shall be liable for damages to the inmate. The
2316	2316	6 rules and regulations shall provide that a prisoner who begins
2317	2317	7 an educational, vocational, substance abuse, work-release
2318	2318	8 programs or activities in accordance with Article 13 of
2319	2319	9 Chapter III of this Code, behavior modification program, life
2320	2320	10 skills course, re-entry planning, or correctional industry
2321	2321	11 programs but is unable to complete the program due to illness,
2322	2322	12 disability, transfer, lockdown, or another reason outside of
2323	2323	13 the prisoner's control shall receive prorated sentence credits
2324	2324	14 for the days in which the prisoner did participate.
2325	2325	15 (4.1) Except as provided in paragraph (4.7) of this
2326	2326	16 subsection (a), the rules and regulations shall also provide
2327	2327	17 that an additional 90 days of sentence credit shall be awarded
2328	2328	18 to any prisoner who passes high school equivalency testing
2329	2329	19 while the prisoner is committed to the Department of
2330	2330	20 Corrections. The sentence credit awarded under this paragraph
2331	2331	21 (4.1) shall be in addition to, and shall not affect, the award
2332	2332	22 of sentence credit under any other paragraph of this Section,
2333	2333	23 but shall also be pursuant to the guidelines and restrictions
2334	2334	24 set forth in paragraph (4) of subsection (a) of this Section.
2335	2335	25 The sentence credit provided for in this paragraph shall be
2336	2336	26 available only to those prisoners who have not previously
2337	2337
2338	2338
2339	2339
2340	2340
2341	2341
2342	2342	HB2956 - 65 - LRB103 25548 RLC 51897 b
2343	2343
2344	2344
2345	2345	HB2956- 66 -LRB103 25548 RLC 51897 b HB2956 - 66 - LRB103 25548 RLC 51897 b
2346	2346	HB2956 - 66 - LRB103 25548 RLC 51897 b
2347	2347	1 earned a high school diploma or a State of Illinois High School
2348	2348	2 Diploma. If, after an award of the high school equivalency
2349	2349	3 testing sentence credit has been made, the Department
2350	2350	4 determines that the prisoner was not eligible, then the award
2351	2351	5 shall be revoked. The Department may also award 90 days of
2352	2352	6 sentence credit to any committed person who passed high school
2353	2353	7 equivalency testing while he or she was held in pre-trial
2354	2354	8 detention prior to the current commitment to the Department of
2355	2355	9 Corrections. Except as provided in paragraph (4.7) of this
2356	2356	10 subsection (a), the rules and regulations shall provide that
2357	2357	11 an additional 120 days of sentence credit shall be awarded to
2358	2358	12 any prisoner who obtains an associate degree while the
2359	2359	13 prisoner is committed to the Department of Corrections,
2360	2360	14 regardless of the date that the associate degree was obtained,
2361	2361	15 including if prior to July 1, 2021 (the effective date of
2362	2362	16 Public Act 101-652). The sentence credit awarded under this
2363	2363	17 paragraph (4.1) shall be in addition to, and shall not affect,
2364	2364	18 the award of sentence credit under any other paragraph of this
2365	2365	19 Section, but shall also be under the guidelines and
2366	2366	20 restrictions set forth in paragraph (4) of subsection (a) of
2367	2367	21 this Section. The sentence credit provided for in this
2368	2368	22 paragraph (4.1) shall be available only to those prisoners who
2369	2369	23 have not previously earned an associate degree prior to the
2370	2370	24 current commitment to the Department of Corrections. If, after
2371	2371	25 an award of the associate degree sentence credit has been made
2372	2372	26 and the Department determines that the prisoner was not
2373	2373
2374	2374
2375	2375
2376	2376
2377	2377
2378	2378	HB2956 - 66 - LRB103 25548 RLC 51897 b
2379	2379
2380	2380
2381	2381	HB2956- 67 -LRB103 25548 RLC 51897 b HB2956 - 67 - LRB103 25548 RLC 51897 b
2382	2382	HB2956 - 67 - LRB103 25548 RLC 51897 b
2383	2383	1 eligible, then the award shall be revoked. The Department may
2384	2384	2 also award 120 days of sentence credit to any committed person
2385	2385	3 who earned an associate degree while he or she was held in
2386	2386	4 pre-trial detention prior to the current commitment to the
2387	2387	5 Department of Corrections.
2388	2388	6 Except as provided in paragraph (4.7) of this subsection
2389	2389	7 (a), the rules and regulations shall provide that an
2390	2390	8 additional 180 days of sentence credit shall be awarded to any
2391	2391	9 prisoner who obtains a bachelor's degree while the prisoner is
2392	2392	10 committed to the Department of Corrections. The sentence
2393	2393	11 credit awarded under this paragraph (4.1) shall be in addition
2394	2394	12 to, and shall not affect, the award of sentence credit under
2395	2395	13 any other paragraph of this Section, but shall also be under
2396	2396	14 the guidelines and restrictions set forth in paragraph (4) of
2397	2397	15 this subsection (a). The sentence credit provided for in this
2398	2398	16 paragraph shall be available only to those prisoners who have
2399	2399	17 not earned a bachelor's degree prior to the current commitment
2400	2400	18 to the Department of Corrections. If, after an award of the
2401	2401	19 bachelor's degree sentence credit has been made, the
2402	2402	20 Department determines that the prisoner was not eligible, then
2403	2403	21 the award shall be revoked. The Department may also award 180
2404	2404	22 days of sentence credit to any committed person who earned a
2405	2405	23 bachelor's degree while he or she was held in pre-trial
2406	2406	24 detention prior to the current commitment to the Department of
2407	2407	25 Corrections.
2408	2408	26 Except as provided in paragraph (4.7) of this subsection
2409	2409
2410	2410
2411	2411
2412	2412
2413	2413
2414	2414	HB2956 - 67 - LRB103 25548 RLC 51897 b
2415	2415
2416	2416
2417	2417	HB2956- 68 -LRB103 25548 RLC 51897 b HB2956 - 68 - LRB103 25548 RLC 51897 b
2418	2418	HB2956 - 68 - LRB103 25548 RLC 51897 b
2419	2419	1 (a), the rules and regulations shall provide that an
2420	2420	2 additional 180 days of sentence credit shall be awarded to any
2421	2421	3 prisoner who obtains a master's or professional degree while
2422	2422	4 the prisoner is committed to the Department of Corrections.
2423	2423	5 The sentence credit awarded under this paragraph (4.1) shall
2424	2424	6 be in addition to, and shall not affect, the award of sentence
2425	2425	7 credit under any other paragraph of this Section, but shall
2426	2426	8 also be under the guidelines and restrictions set forth in
2427	2427	9 paragraph (4) of this subsection (a). The sentence credit
2428	2428	10 provided for in this paragraph shall be available only to
2429	2429	11 those prisoners who have not previously earned a master's or
2430	2430	12 professional degree prior to the current commitment to the
2431	2431	13 Department of Corrections. If, after an award of the master's
2432	2432	14 or professional degree sentence credit has been made, the
2433	2433	15 Department determines that the prisoner was not eligible, then
2434	2434	16 the award shall be revoked. The Department may also award 180
2435	2435	17 days of sentence credit to any committed person who earned a
2436	2436	18 master's or professional degree while he or she was held in
2437	2437	19 pre-trial detention prior to the current commitment to the
2438	2438	20 Department of Corrections.
2439	2439	21 (4.2) The rules and regulations shall also provide that
2440	2440	22 any prisoner engaged in self-improvement programs, volunteer
2441	2441	23 work, or work assignments that are not otherwise eligible
2442	2442	24 activities under paragraph (4), shall receive up to 0.5 days
2443	2443	25 of sentence credit for each day in which the prisoner is
2444	2444	26 engaged in activities described in this paragraph.
2445	2445
2446	2446
2447	2447
2448	2448
2449	2449
2450	2450	HB2956 - 68 - LRB103 25548 RLC 51897 b
2451	2451
2452	2452
2453	2453	HB2956- 69 -LRB103 25548 RLC 51897 b HB2956 - 69 - LRB103 25548 RLC 51897 b
2454	2454	HB2956 - 69 - LRB103 25548 RLC 51897 b
2455	2455	1 (4.5) The rules and regulations on sentence credit shall
2456	2456	2 also provide that when the court's sentencing order recommends
2457	2457	3 a prisoner for substance abuse treatment and the crime was
2458	2458	4 committed on or after September 1, 2003 (the effective date of
2459	2459	5 Public Act 93-354), the prisoner shall receive no sentence
2460	2460	6 credit awarded under clause (3) of this subsection (a) unless
2461	2461	7 he or she participates in and completes a substance abuse
2462	2462	8 treatment program. The Director of Corrections may waive the
2463	2463	9 requirement to participate in or complete a substance abuse
2464	2464	10 treatment program in specific instances if the prisoner is not
2465	2465	11 a good candidate for a substance abuse treatment program for
2466	2466	12 medical, programming, or operational reasons. Availability of
2467	2467	13 substance abuse treatment shall be subject to the limits of
2468	2468	14 fiscal resources appropriated by the General Assembly for
2469	2469	15 these purposes. If treatment is not available and the
2470	2470	16 requirement to participate and complete the treatment has not
2471	2471	17 been waived by the Director, the prisoner shall be placed on a
2472	2472	18 waiting list under criteria established by the Department. The
2473	2473	19 Director may allow a prisoner placed on a waiting list to
2474	2474	20 participate in and complete a substance abuse education class
2475	2475	21 or attend substance abuse self-help meetings in lieu of a
2476	2476	22 substance abuse treatment program. A prisoner on a waiting
2477	2477	23 list who is not placed in a substance abuse program prior to
2478	2478	24 release may be eligible for a waiver and receive sentence
2479	2479	25 credit under clause (3) of this subsection (a) at the
2480	2480	26 discretion of the Director.
2481	2481
2482	2482
2483	2483
2484	2484
2485	2485
2486	2486	HB2956 - 69 - LRB103 25548 RLC 51897 b
2487	2487
2488	2488
2489	2489	HB2956- 70 -LRB103 25548 RLC 51897 b HB2956 - 70 - LRB103 25548 RLC 51897 b
2490	2490	HB2956 - 70 - LRB103 25548 RLC 51897 b
2491	2491	1 (4.6) The rules and regulations on sentence credit shall
2492	2492	2 also provide that a prisoner who has been convicted of a sex
2493	2493	3 offense as defined in Section 2 of the Sex Offender
2494	2494	4 Registration Act shall receive no sentence credit unless he or
2495	2495	5 she either has successfully completed or is participating in
2496	2496	6 sex offender treatment as defined by the Sex Offender
2497	2497	7 Management Board. However, prisoners who are waiting to
2498	2498	8 receive treatment, but who are unable to do so due solely to
2499	2499	9 the lack of resources on the part of the Department, may, at
2500	2500	10 either Director's sole discretion, be awarded sentence credit
2501	2501	11 at a rate as the Director shall determine.
2502	2502	12 (4.7) On or after January 1, 2018 (the effective date of
2503	2503	13 Public Act 100-3), sentence credit under paragraph (3), (4),
2504	2504	14 or (4.1) of this subsection (a) may be awarded to a prisoner
2505	2505	15 who is serving a sentence for an offense described in
2506	2506	16 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
2507	2507	17 on or after January 1, 2018 (the effective date of Public Act
2508	2508	18 100-3); provided, the award of the credits under this
2509	2509	19 paragraph (4.7) shall not reduce the sentence of the prisoner
2510	2510	20 to less than the following amounts:
2511	2511	21 (i) 85% of his or her sentence if the prisoner is
2512	2512	22 required to serve 85% of his or her sentence; or
2513	2513	23 (ii) 60% of his or her sentence if the prisoner is
2514	2514	24 required to serve 75% of his or her sentence, except if the
2515	2515	25 prisoner is serving a sentence for gunrunning his or her
2516	2516	26 sentence shall not be reduced to less than 75%.
2517	2517
2518	2518
2519	2519
2520	2520
2521	2521
2522	2522	HB2956 - 70 - LRB103 25548 RLC 51897 b
2523	2523
2524	2524
2525	2525	HB2956- 71 -LRB103 25548 RLC 51897 b HB2956 - 71 - LRB103 25548 RLC 51897 b
2526	2526	HB2956 - 71 - LRB103 25548 RLC 51897 b
2527	2527	1 (iii) 100% of his or her sentence if the prisoner is
2528	2528	2 required to serve 100% of his or her sentence.
2529	2529	3 (4.8) On or after the effective date of this amendatory
2530	2530	4 Act of the 103rd General Assembly, sentence credit under
2531	2531	5 paragraph (3), (4), (4.1), (4.2), or (4.7) of this subsection
2532	2532	6 (a) may not be awarded to a prisoner who is serving a sentence
2533	2533	7 for bringing contraband into a penal institution as described
2534	2534	8 in subsection (a) of Section 31A-1.1 of the Criminal Code of
2535	2535	9 2012.
2536	2536	10 (5) Whenever the Department is to release any inmate
2537	2537	11 earlier than it otherwise would because of a grant of earned
2538	2538	12 sentence credit under paragraph (3) of subsection (a) of this
2539	2539	13 Section given at any time during the term, the Department
2540	2540	14 shall give reasonable notice of the impending release not less
2541	2541	15 than 14 days prior to the date of the release to the State's
2542	2542	16 Attorney of the county where the prosecution of the inmate
2543	2543	17 took place, and if applicable, the State's Attorney of the
2544	2544	18 county into which the inmate will be released. The Department
2545	2545	19 must also make identification information and a recent photo
2546	2546	20 of the inmate being released accessible on the Internet by
2547	2547	21 means of a hyperlink labeled "Community Notification of Inmate
2548	2548	22 Early Release" on the Department's World Wide Web homepage.
2549	2549	23 The identification information shall include the inmate's:
2550	2550	24 name, any known alias, date of birth, physical
2551	2551	25 characteristics, commitment offense, and county where
2552	2552	26 conviction was imposed. The identification information shall
2553	2553
2554	2554
2555	2555
2556	2556
2557	2557
2558	2558	HB2956 - 71 - LRB103 25548 RLC 51897 b
2559	2559
2560	2560
2561	2561	HB2956- 72 -LRB103 25548 RLC 51897 b HB2956 - 72 - LRB103 25548 RLC 51897 b
2562	2562	HB2956 - 72 - LRB103 25548 RLC 51897 b
2563	2563	1 be placed on the website within 3 days of the inmate's release
2564	2564	2 and the information may not be removed until either:
2565	2565	3 completion of the first year of mandatory supervised release
2566	2566	4 or return of the inmate to custody of the Department.
2567	2567	5 (b) Whenever a person is or has been committed under
2568	2568	6 several convictions, with separate sentences, the sentences
2569	2569	7 shall be construed under Section 5-8-4 in granting and
2570	2570	8 forfeiting of sentence credit.
2571	2571	9 (c) (1) The Department shall prescribe rules and
2572	2572	10 regulations for revoking sentence credit, including revoking
2573	2573	11 sentence credit awarded under paragraph (3) of subsection (a)
2574	2574	12 of this Section. The Department shall prescribe rules and
2575	2575	13 regulations establishing and requiring the use of a sanctions
2576	2576	14 matrix for revoking sentence credit. The Department shall
2577	2577	15 prescribe rules and regulations for suspending or reducing the
2578	2578	16 rate of accumulation of sentence credit for specific rule
2579	2579	17 violations, during imprisonment. These rules and regulations
2580	2580	18 shall provide that no inmate may be penalized more than one
2581	2581	19 year of sentence credit for any one infraction.
2582	2582	20 (2) When the Department seeks to revoke, suspend, or
2583	2583	21 reduce the rate of accumulation of any sentence credits for an
2584	2584	22 alleged infraction of its rules, it shall bring charges
2585	2585	23 therefor against the prisoner sought to be so deprived of
2586	2586	24 sentence credits before the Prisoner Review Board as provided
2587	2587	25 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2588	2588	26 amount of credit at issue exceeds 30 days, whether from one
2589	2589
2590	2590
2591	2591
2592	2592
2593	2593
2594	2594	HB2956 - 72 - LRB103 25548 RLC 51897 b
2595	2595
2596	2596
2597	2597	HB2956- 73 -LRB103 25548 RLC 51897 b HB2956 - 73 - LRB103 25548 RLC 51897 b
2598	2598	HB2956 - 73 - LRB103 25548 RLC 51897 b
2599	2599	1 infraction or cumulatively from multiple infractions arising
2600	2600	2 out of a single event, or when, during any 12-month period, the
2601	2601	3 cumulative amount of credit revoked exceeds 30 days except
2602	2602	4 where the infraction is committed or discovered within 60 days
2603	2603	5 of scheduled release. In those cases, the Department of
2604	2604	6 Corrections may revoke up to 30 days of sentence credit. The
2605	2605	7 Board may subsequently approve the revocation of additional
2606	2606	8 sentence credit, if the Department seeks to revoke sentence
2607	2607	9 credit in excess of 30 days. However, the Board shall not be
2608	2608	10 empowered to review the Department's decision with respect to
2609	2609	11 the loss of 30 days of sentence credit within any calendar year
2610	2610	12 for any prisoner or to increase any penalty beyond the length
2611	2611	13 requested by the Department.
2612	2612	14 (3) The Director of Corrections or the Director of
2613	2613	15 Juvenile Justice, in appropriate cases, may restore sentence
2614	2614	16 credits which have been revoked, suspended, or reduced. The
2615	2615	17 Department shall prescribe rules and regulations governing the
2616	2616	18 restoration of sentence credits. These rules and regulations
2617	2617	19 shall provide for the automatic restoration of sentence
2618	2618	20 credits following a period in which the prisoner maintains a
2619	2619	21 record without a disciplinary violation.
2620	2620	22 Nothing contained in this Section shall prohibit the
2621	2621	23 Prisoner Review Board from ordering, pursuant to Section
2622	2622	24 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
2623	2623	25 sentence imposed by the court that was not served due to the
2624	2624	26 accumulation of sentence credit.
2625	2625
2626	2626
2627	2627
2628	2628
2629	2629
2630	2630	HB2956 - 73 - LRB103 25548 RLC 51897 b
2631	2631
2632	2632
2633	2633	HB2956- 74 -LRB103 25548 RLC 51897 b HB2956 - 74 - LRB103 25548 RLC 51897 b
2634	2634	HB2956 - 74 - LRB103 25548 RLC 51897 b
2635	2635	1 (d) If a lawsuit is filed by a prisoner in an Illinois or
2636	2636	2 federal court against the State, the Department of
2637	2637	3 Corrections, or the Prisoner Review Board, or against any of
2638	2638	4 their officers or employees, and the court makes a specific
2639	2639	5 finding that a pleading, motion, or other paper filed by the
2640	2640	6 prisoner is frivolous, the Department of Corrections shall
2641	2641	7 conduct a hearing to revoke up to 180 days of sentence credit
2642	2642	8 by bringing charges against the prisoner sought to be deprived
2643	2643	9 of the sentence credits before the Prisoner Review Board as
2644	2644	10 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
2645	2645	11 If the prisoner has not accumulated 180 days of sentence
2646	2646	12 credit at the time of the finding, then the Prisoner Review
2647	2647	13 Board may revoke all sentence credit accumulated by the
2648	2648	14 prisoner.
2649	2649	15 For purposes of this subsection (d):
2650	2650	16 (1) "Frivolous" means that a pleading, motion, or
2651	2651	17 other filing which purports to be a legal document filed
2652	2652	18 by a prisoner in his or her lawsuit meets any or all of the
2653	2653	19 following criteria:
2654	2654	20 (A) it lacks an arguable basis either in law or in
2655	2655	21 fact;
2656	2656	22 (B) it is being presented for any improper
2657	2657	23 purpose, such as to harass or to cause unnecessary
2658	2658	24 delay or needless increase in the cost of litigation;
2659	2659	25 (C) the claims, defenses, and other legal
2660	2660	26 contentions therein are not warranted by existing law
2661	2661
2662	2662
2663	2663
2664	2664
2665	2665
2666	2666	HB2956 - 74 - LRB103 25548 RLC 51897 b
2667	2667
2668	2668
2669	2669	HB2956- 75 -LRB103 25548 RLC 51897 b HB2956 - 75 - LRB103 25548 RLC 51897 b
2670	2670	HB2956 - 75 - LRB103 25548 RLC 51897 b
2671	2671	1 or by a nonfrivolous argument for the extension,
2672	2672	2 modification, or reversal of existing law or the
2673	2673	3 establishment of new law;
2674	2674	4 (D) the allegations and other factual contentions
2675	2675	5 do not have evidentiary support or, if specifically so
2676	2676	6 identified, are not likely to have evidentiary support
2677	2677	7 after a reasonable opportunity for further
2678	2678	8 investigation or discovery; or
2679	2679	9 (E) the denials of factual contentions are not
2680	2680	10 warranted on the evidence, or if specifically so
2681	2681	11 identified, are not reasonably based on a lack of
2682	2682	12 information or belief.
2683	2683	13 (2) "Lawsuit" means a motion pursuant to Section 116-3
2684	2684	14 of the Code of Criminal Procedure of 1963, a habeas corpus
2685	2685	15 action under Article X of the Code of Civil Procedure or
2686	2686	16 under federal law (28 U.S.C. 2254), a petition for claim
2687	2687	17 under the Court of Claims Act, an action under the federal
2688	2688	18 Civil Rights Act (42 U.S.C. 1983), or a second or
2689	2689	19 subsequent petition for post-conviction relief under
2690	2690	20 Article 122 of the Code of Criminal Procedure of 1963
2691	2691	21 whether filed with or without leave of court or a second or
2692	2692	22 subsequent petition for relief from judgment under Section
2693	2693	23 2-1401 of the Code of Civil Procedure.
2694	2694	24 (e) Nothing in Public Act 90-592 or 90-593 affects the
2695	2695	25 validity of Public Act 89-404.
2696	2696	26 (f) Whenever the Department is to release any inmate who
2697	2697
2698	2698
2699	2699
2700	2700
2701	2701
2702	2702	HB2956 - 75 - LRB103 25548 RLC 51897 b
2703	2703
2704	2704
2705	2705	HB2956- 76 -LRB103 25548 RLC 51897 b HB2956 - 76 - LRB103 25548 RLC 51897 b
2706	2706	HB2956 - 76 - LRB103 25548 RLC 51897 b
2707	2707	1 has been convicted of a violation of an order of protection
2708	2708	2 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
2709	2709	3 the Criminal Code of 2012, earlier than it otherwise would
2710	2710	4 because of a grant of sentence credit, the Department, as a
2711	2711	5 condition of release, shall require that the person, upon
2712	2712	6 release, be placed under electronic surveillance as provided
2713	2713	7 in Section 5-8A-7 of this Code.
2714	2714	8 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
2715	2715	9 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
2716	2716	10 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
2717	2717	11 (730 ILCS 5/5-4.5-110)
2718	2718	12 (Section scheduled to be repealed on January 1, 2024)
2719	2719	13 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
2720	2720	14 PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
2721	2721	15 (a) DEFINITIONS. For the purposes of this Section:
2722	2722	16 "Firearm" has the meaning ascribed to it in Section
2723	2723	17 1.1 of the Firearm Owners Identification Card Act.
2724	2724	18 "Qualifying predicate offense" means the following
2725	2725	19 offenses under the Criminal Code of 2012:
2726	2726	20 (A) aggravated unlawful use of a weapon under
2727	2727	21 Section 24-1.6 or similar offense under the Criminal
2728	2728	22 Code of 1961, when the weapon is a firearm;
2729	2729	23 (B) unlawful use or possession of a weapon by a
2730	2730	24 felon under Section 24-1.1 or similar offense under
2731	2731	25 the Criminal Code of 1961, when the weapon is a
2732	2732
2733	2733
2734	2734
2735	2735
2736	2736
2737	2737	HB2956 - 76 - LRB103 25548 RLC 51897 b
2738	2738
2739	2739
2740	2740	HB2956- 77 -LRB103 25548 RLC 51897 b HB2956 - 77 - LRB103 25548 RLC 51897 b
2741	2741	HB2956 - 77 - LRB103 25548 RLC 51897 b
2742	2742	1 firearm;
2743	2743	2 (C) first degree murder under Section 9-1 or
2744	2744	3 similar offense under the Criminal Code of 1961;
2745	2745	4 (D) attempted first degree murder with a firearm
2746	2746	5 or similar offense under the Criminal Code of 1961;
2747	2747	6 (E) aggravated kidnapping with a firearm under
2748	2748	7 paragraph (6) or (7) of subsection (a) of Section 10-2
2749	2749	8 or similar offense under the Criminal Code of 1961;
2750	2750	9 (F) aggravated battery with a firearm under
2751	2751	10 subsection (e) of Section 12-3.05 or similar offense
2752	2752	11 under the Criminal Code of 1961;
2753	2753	12 (G) aggravated criminal sexual assault under
2754	2754	13 Section 11-1.30 or similar offense under the Criminal
2755	2755	14 Code of 1961;
2756	2756	15 (H) predatory criminal sexual assault of a child
2757	2757	16 under Section 11-1.40 or similar offense under the
2758	2758	17 Criminal Code of 1961;
2759	2759	18 (I) armed robbery under Section 18-2 or similar
2760	2760	19 offense under the Criminal Code of 1961;
2761	2761	20 (J) vehicular hijacking under Section 18-3 or
2762	2762	21 similar offense under the Criminal Code of 1961;
2763	2763	22 (K) aggravated vehicular hijacking under Section
2764	2764	23 18-4 or similar offense under the Criminal Code of
2765	2765	24 1961;
2766	2766	25 (L) home invasion with a firearm under paragraph
2767	2767	26 (3), (4), or (5) of subsection (a) of Section 19-6 or
2768	2768
2769	2769
2770	2770
2771	2771
2772	2772
2773	2773	HB2956 - 77 - LRB103 25548 RLC 51897 b
2774	2774
2775	2775
2776	2776	HB2956- 78 -LRB103 25548 RLC 51897 b HB2956 - 78 - LRB103 25548 RLC 51897 b
2777	2777	HB2956 - 78 - LRB103 25548 RLC 51897 b
2778	2778	1 similar offense under the Criminal Code of 1961;
2779	2779	2 (M) aggravated discharge of a firearm under
2780	2780	3 Section 24-1.2 or similar offense under the Criminal
2781	2781	4 Code of 1961;
2782	2782	5 (N) aggravated discharge of a machine gun or a
2783	2783	6 firearm equipped with a device designed or used for
2784	2784	7 silencing the report of a firearm under Section
2785	2785	8 24-1.2-5 or similar offense under the Criminal Code of
2786	2786	9 1961;
2787	2787	10 (0) unlawful use of firearm projectiles under
2788	2788	11 Section 24-2.1 or similar offense under the Criminal
2789	2789	12 Code of 1961;
2790	2790	13 (P) manufacture, sale, or transfer of bullets or
2791	2791	14 shells represented to be armor piercing bullets,
2792	2792	15 dragon's breath shotgun shells, bolo shells, or
2793	2793	16 flechette shells under Section 24-2.2 or similar
2794	2794	17 offense under the Criminal Code of 1961;
2795	2795	18 (Q) unlawful sale or delivery of firearms under
2796	2796	19 Section 24-3 or similar offense under the Criminal
2797	2797	20 Code of 1961;
2798	2798	21 (R) unlawful discharge of firearm projectiles
2799	2799	22 under Section 24-3.2 or similar offense under the
2800	2800	23 Criminal Code of 1961;
2801	2801	24 (S) unlawful sale or delivery of firearms on
2802	2802	25 school premises of any school under Section 24-3.3 or
2803	2803	26 similar offense under the Criminal Code of 1961;
2804	2804
2805	2805
2806	2806
2807	2807
2808	2808
2809	2809	HB2956 - 78 - LRB103 25548 RLC 51897 b
2810	2810
2811	2811
2812	2812	HB2956- 79 -LRB103 25548 RLC 51897 b HB2956 - 79 - LRB103 25548 RLC 51897 b
2813	2813	HB2956 - 79 - LRB103 25548 RLC 51897 b
2814	2814	1 (T) unlawful purchase of a firearm under Section
2815	2815	2 24-3.5 or similar offense under the Criminal Code of
2816	2816	3 1961;
2817	2817	4 (U) use of a stolen or illegally acquired firearm
2818	2818	5 in the commission of an offense under Section 24-3.7
2819	2819	6 or similar offense under the Criminal Code of 1961;
2820	2820	7 (V) possession of a stolen firearm under Section
2821	2821	8 24-3.8 or similar offense under the Criminal Code of
2822	2822	9 1961;
2823	2823	10 (W) aggravated possession of a stolen firearm
2824	2824	11 under Section 24-3.9 or similar offense under the
2825	2825	12 Criminal Code of 1961;
2826	2826	13 (X) gunrunning under Section 24-3A or similar
2827	2827	14 offense under the Criminal Code of 1961;
2828	2828	15 (Y) defacing identification marks of firearms
2829	2829	16 under Section 24-5 or similar offense under the
2830	2830	17 Criminal Code of 1961; and
2831	2831	18 (Z) armed violence under Section 33A-2 or similar
2832	2832	19 offense under the Criminal Code of 1961.
2833	2833	20 (b) APPLICABILITY. For an offense committed on or after
2834	2834	21 January 1, 2018 (the effective date of Public Act 100-3) and
2835	2835	22 before January 1, 2024, when a person is convicted of unlawful
2836	2836	23 use or possession of a weapon by a felon, when the weapon is a
2837	2837	24 firearm, or aggravated unlawful use of a weapon, when the
2838	2838	25 weapon is a firearm, after being previously convicted of a
2839	2839	26 qualifying predicate offense the person shall be subject to
2840	2840
2841	2841
2842	2842
2843	2843
2844	2844
2845	2845	HB2956 - 79 - LRB103 25548 RLC 51897 b
2846	2846
2847	2847
2848	2848	HB2956- 80 -LRB103 25548 RLC 51897 b HB2956 - 80 - LRB103 25548 RLC 51897 b
2849	2849	HB2956 - 80 - LRB103 25548 RLC 51897 b
2850	2850	1 the sentencing guidelines under this Section.
2851	2851	2 (c) SENTENCING GUIDELINES.
2852	2852	3 (1) When a person is convicted of unlawful use or
2853	2853	4 possession of a weapon by a felon, when the weapon is a
2854	2854	5 firearm, and that person has been previously convicted of
2855	2855	6 a qualifying predicate offense, the person shall be
2856	2856	7 sentenced to a term of imprisonment within the sentencing
2857	2857	8 range of not less than 7 years and not more than 14 years,
2858	2858	9 unless the court finds that a departure from the
2859	2859	10 sentencing guidelines under this paragraph is warranted
2860	2860	11 under subsection (d) of this Section.
2861	2861	12 (2) When a person is convicted of aggravated unlawful
2862	2862	13 use of a weapon, when the weapon is a firearm, and that
2863	2863	14 person has been previously convicted of a qualifying
2864	2864	15 predicate offense, the person shall be sentenced to a term
2865	2865	16 of imprisonment within the sentencing range of not less
2866	2866	17 than 6 years and not more than 7 years, unless the court
2867	2867	18 finds that a departure from the sentencing guidelines
2868	2868	19 under this paragraph is warranted under subsection (d) of
2869	2869	20 this Section.
2870	2870	21 (3) The sentencing guidelines in paragraphs (1) and
2871	2871	22 (2) of this subsection (c) apply only to offenses
2872	2872	23 committed on and after January 1, 2018 (the effective date
2873	2873	24 of Public Act 100-3) and before January 1, 2024.
2874	2874	25 (d) DEPARTURE FROM SENTENCING GUIDELINES.
2875	2875	26 (1) At the sentencing hearing conducted under Section
2876	2876
2877	2877
2878	2878
2879	2879
2880	2880
2881	2881	HB2956 - 80 - LRB103 25548 RLC 51897 b
2882	2882
2883	2883
2884	2884	HB2956- 81 -LRB103 25548 RLC 51897 b HB2956 - 81 - LRB103 25548 RLC 51897 b
2885	2885	HB2956 - 81 - LRB103 25548 RLC 51897 b
2886	2886	1 5-4-1 of this Code, the court may depart from the
2887	2887	2 sentencing guidelines provided in subsection (c) of this
2888	2888	3 Section and impose a sentence otherwise authorized by law
2889	2889	4 for the offense if the court, after considering any factor
2890	2890	5 under paragraph (2) of this subsection (d) relevant to the
2891	2891	6 nature and circumstances of the crime and to the history
2892	2892	7 and character of the defendant, finds on the record
2893	2893	8 substantial and compelling justification that the sentence
2894	2894	9 within the sentencing guidelines would be unduly harsh and
2895	2895	10 that a sentence otherwise authorized by law would be
2896	2896	11 consistent with public safety and does not deprecate the
2897	2897	12 seriousness of the offense.
2898	2898	13 (2) In deciding whether to depart from the sentencing
2899	2899	14 guidelines under this paragraph, the court shall consider:
2900	2900	15 (A) the age, immaturity, or limited mental
2901	2901	16 capacity of the defendant at the time of commission of
2902	2902	17 the qualifying predicate or current offense, including
2903	2903	18 whether the defendant was suffering from a mental or
2904	2904	19 physical condition insufficient to constitute a
2905	2905	20 defense but significantly reduced the defendant's
2906	2906	21 culpability;
2907	2907	22 (B) the nature and circumstances of the qualifying
2908	2908	23 predicate offense;
2909	2909	24 (C) the time elapsed since the qualifying
2910	2910	25 predicate offense;
2911	2911	26 (D) the nature and circumstances of the current
2912	2912
2913	2913
2914	2914
2915	2915
2916	2916
2917	2917	HB2956 - 81 - LRB103 25548 RLC 51897 b
2918	2918
2919	2919
2920	2920	HB2956- 82 -LRB103 25548 RLC 51897 b HB2956 - 82 - LRB103 25548 RLC 51897 b
2921	2921	HB2956 - 82 - LRB103 25548 RLC 51897 b
2922	2922	1 offense;
2923	2923	2 (E) the defendant's prior criminal history;
2924	2924	3 (F) whether the defendant committed the qualifying
2925	2925	4 predicate or current offense under specific and
2926	2926	5 credible duress, coercion, threat, or compulsion;
2927	2927	6 (G) whether the defendant aided in the
2928	2928	7 apprehension of another felon or testified truthfully
2929	2929	8 on behalf of another prosecution of a felony; and
2930	2930	9 (H) whether departure is in the interest of the
2931	2931	10 person's rehabilitation, including employment or
2932	2932	11 educational or vocational training, after taking into
2933	2933	12 account any past rehabilitation efforts or
2934	2934	13 dispositions of probation or supervision, and the
2935	2935	14 defendant's cooperation or response to rehabilitation.
2936	2936	15 (3) When departing from the sentencing guidelines
2937	2937	16 under this Section, the court shall specify on the record,
2938	2938	17 the particular evidence, information, factor or factors,
2939	2939	18 or other reasons which led to the departure from the
2940	2940	19 sentencing guidelines. When departing from the sentencing
2941	2941	20 range in accordance with this subsection (d), the court
2942	2942	21 shall indicate on the sentencing order which departure
2943	2943	22 factor or factors outlined in paragraph (2) of this
2944	2944	23 subsection (d) led to the sentence imposed. The sentencing
2945	2945	24 order shall be filed with the clerk of the court and shall
2946	2946	25 be a public record.
2947	2947	26 (e) This Section is repealed on January 1, 2024.
2948	2948
2949	2949
2950	2950
2951	2951
2952	2952
2953	2953	HB2956 - 82 - LRB103 25548 RLC 51897 b
2954	2954
2955	2955
2956	2956	HB2956- 83 -LRB103 25548 RLC 51897 b HB2956 - 83 - LRB103 25548 RLC 51897 b
2957	2957	HB2956 - 83 - LRB103 25548 RLC 51897 b
2958	2958	1 (Source: P.A. 102-1109, eff. 12-21-22.)
2959	2959	2 (730 ILCS 5/5-5-3)
2960	2960	3 Sec. 5-5-3. Disposition.
2961	2961	4 (a) (Blank).
2962	2962	5 (b) (Blank).
2963	2963	6 (c) (1) (Blank).
2964	2964	7 (2) A period of probation, a term of periodic imprisonment
2965	2965	8 or conditional discharge shall not be imposed for the
2966	2966	9 following offenses. The court shall sentence the offender to
2967	2967	10 not less than the minimum term of imprisonment set forth in
2968	2968	11 this Code for the following offenses, and may order a fine or
2969	2969	12 restitution or both in conjunction with such term of
2970	2970	13 imprisonment:
2971	2971	14 (A) First degree murder where the death penalty is not
2972	2972	15 imposed.
2973	2973	16 (B) Attempted first degree murder.
2974	2974	17 (C) A Class X felony.
2975	2975	18 (D) A violation of Section 401.1 or 407 of the
2976	2976	19 Illinois Controlled Substances Act, or a violation of
2977	2977	20 subdivision (c)(1.5) of Section 401 of that Act which
2978	2978	21 relates to more than 5 grams of a substance containing
2979	2979	22 fentanyl or an analog thereof.
2980	2980	23 (D-5) A violation of subdivision (c)(1) of Section 401
2981	2981	24 of the Illinois Controlled Substances Act which relates to
2982	2982	25 3 or more grams of a substance containing heroin or an
2983	2983
2984	2984
2985	2985
2986	2986
2987	2987
2988	2988	HB2956 - 83 - LRB103 25548 RLC 51897 b
2989	2989
2990	2990
2991	2991	HB2956- 84 -LRB103 25548 RLC 51897 b HB2956 - 84 - LRB103 25548 RLC 51897 b
2992	2992	HB2956 - 84 - LRB103 25548 RLC 51897 b
2993	2993	1 analog thereof.
2994	2994	2 (E) (Blank).
2995	2995	3 (F) A Class 1 or greater felony if the offender had
2996	2996	4 been convicted of a Class 1 or greater felony, including
2997	2997	5 any state or federal conviction for an offense that
2998	2998	6 contained, at the time it was committed, the same elements
2999	2999	7 as an offense now (the date of the offense committed after
3000	3000	8 the prior Class 1 or greater felony) classified as a Class
3001	3001	9 1 or greater felony, within 10 years of the date on which
3002	3002	10 the offender committed the offense for which he or she is
3003	3003	11 being sentenced, except as otherwise provided in Section
3004	3004	12 40-10 of the Substance Use Disorder Act.
3005	3005	13 (F-3) A Class 2 or greater felony sex offense or
3006	3006	14 felony firearm offense if the offender had been convicted
3007	3007	15 of a Class 2 or greater felony, including any state or
3008	3008	16 federal conviction for an offense that contained, at the
3009	3009	17 time it was committed, the same elements as an offense now
3010	3010	18 (the date of the offense committed after the prior Class 2
3011	3011	19 or greater felony) classified as a Class 2 or greater
3012	3012	20 felony, within 10 years of the date on which the offender
3013	3013	21 committed the offense for which he or she is being
3014	3014	22 sentenced, except as otherwise provided in Section 40-10
3015	3015	23 of the Substance Use Disorder Act.
3016	3016	24 (F-5) A violation of Section 18-4, 24-1, 24-1.1,
3017	3017	25 24-1.2, or 24-1.6, 24-1.6, 24-1.7, 24-1.8, or 24-3.7 or
3018	3018	26 paragraph (d) of subsection (A) of Section 24-3 of the
3019	3019
3020	3020
3021	3021
3022	3022
3023	3023
3024	3024	HB2956 - 84 - LRB103 25548 RLC 51897 b
3025	3025
3026	3026
3027	3027	HB2956- 85 -LRB103 25548 RLC 51897 b HB2956 - 85 - LRB103 25548 RLC 51897 b
3028	3028	HB2956 - 85 - LRB103 25548 RLC 51897 b
3029	3029	1 Criminal Code of 1961 or the Criminal Code of 2012 for
3030	3030	2 which imprisonment is prescribed in those Sections.
3031	3031	3 (G) Residential burglary, except as otherwise provided
3032	3032	4 in Section 40-10 of the Substance Use Disorder Act.
3033	3033	5 (H) Criminal sexual assault.
3034	3034	6 (I) Aggravated battery of a senior citizen as
3035	3035	7 described in Section 12-4.6 or subdivision (a)(4) of
3036	3036	8 Section 12-3.05 of the Criminal Code of 1961 or the
3037	3037	9 Criminal Code of 2012.
3038	3038	10 (J) A forcible felony if the offense was related to
3039	3039	11 the activities of an organized gang.
3040	3040	12 Before July 1, 1994, for the purposes of this
3041	3041	13 paragraph, "organized gang" means an association of 5 or
3042	3042	14 more persons, with an established hierarchy, that
3043	3043	15 encourages members of the association to perpetrate crimes
3044	3044	16 or provides support to the members of the association who
3045	3045	17 do commit crimes.
3046	3046	18 Beginning July 1, 1994, for the purposes of this
3047	3047	19 paragraph, "organized gang" has the meaning ascribed to it
3048	3048	20 in Section 10 of the Illinois Streetgang Terrorism Omnibus
3049	3049	21 Prevention Act.
3050	3050	22 (K) Vehicular hijacking.
3051	3051	23 (L) A second or subsequent conviction for the offense
3052	3052	24 of hate crime when the underlying offense upon which the
3053	3053	25 hate crime is based is felony aggravated assault or felony
3054	3054	26 mob action.
3055	3055
3056	3056
3057	3057
3058	3058
3059	3059
3060	3060	HB2956 - 85 - LRB103 25548 RLC 51897 b
3061	3061
3062	3062
3063	3063	HB2956- 86 -LRB103 25548 RLC 51897 b HB2956 - 86 - LRB103 25548 RLC 51897 b
3064	3064	HB2956 - 86 - LRB103 25548 RLC 51897 b
3065	3065	1 (M) A second or subsequent conviction for the offense
3066	3066	2 of institutional vandalism if the damage to the property
3067	3067	3 exceeds $300.
3068	3068	4 (N) A Class 3 felony violation of paragraph (1) of
3069	3069	5 subsection (a) of Section 2 of the Firearm Owners
3070	3070	6 Identification Card Act.
3071	3071	7 (O) A violation of Section 12-6.1 or 12-6.5 of the
3072	3072	8 Criminal Code of 1961 or the Criminal Code of 2012.
3073	3073	9 (P) A violation of paragraph (1), (2), (3), (4), (5),
3074	3074	10 or (7) of subsection (a) of Section 11-20.1 of the
3075	3075	11 Criminal Code of 1961 or the Criminal Code of 2012.
3076	3076	12 (P-5) A violation of paragraph (6) of subsection (a)
3077	3077	13 of Section 11-20.1 of the Criminal Code of 1961 or the
3078	3078	14 Criminal Code of 2012 if the victim is a household or
3079	3079	15 family member of the defendant.
3080	3080	16 (Q) A violation of subsection (b) or (b-5) of Section
3081	3081	17 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
3082	3082	18 Code of 1961 or the Criminal Code of 2012.
3083	3083	19 (R) A violation of Section 24-3A of the Criminal Code
3084	3084	20 of 1961 or the Criminal Code of 2012.
3085	3085	21 (S) (Blank).
3086	3086	22 (T) (Blank).
3087	3087	23 (U) A second or subsequent violation of Section 6-303
3088	3088	24 of the Illinois Vehicle Code committed while his or her
3089	3089	25 driver's license, permit, or privilege was revoked because
3090	3090	26 of a violation of Section 9-3 of the Criminal Code of 1961
3091	3091
3092	3092
3093	3093
3094	3094
3095	3095
3096	3096	HB2956 - 86 - LRB103 25548 RLC 51897 b
3097	3097
3098	3098
3099	3099	HB2956- 87 -LRB103 25548 RLC 51897 b HB2956 - 87 - LRB103 25548 RLC 51897 b
3100	3100	HB2956 - 87 - LRB103 25548 RLC 51897 b
3101	3101	1 or the Criminal Code of 2012, relating to the offense of
3102	3102	2 reckless homicide, or a similar provision of a law of
3103	3103	3 another state.
3104	3104	4 (V) A violation of paragraph (4) of subsection (c) of
3105	3105	5 Section 11-20.1B or paragraph (4) of subsection (c) of
3106	3106	6 Section 11-20.3 of the Criminal Code of 1961, or paragraph
3107	3107	7 (6) of subsection (a) of Section 11-20.1 of the Criminal
3108	3108	8 Code of 2012 when the victim is under 13 years of age and
3109	3109	9 the defendant has previously been convicted under the laws
3110	3110	10 of this State or any other state of the offense of child
3111	3111	11 pornography, aggravated child pornography, aggravated
3112	3112	12 criminal sexual abuse, aggravated criminal sexual assault,
3113	3113	13 predatory criminal sexual assault of a child, or any of
3114	3114	14 the offenses formerly known as rape, deviate sexual
3115	3115	15 assault, indecent liberties with a child, or aggravated
3116	3116	16 indecent liberties with a child where the victim was under
3117	3117	17 the age of 18 years or an offense that is substantially
3118	3118	18 equivalent to those offenses.
3119	3119	19 (W) A violation of Section 24-3.5 of the Criminal Code
3120	3120	20 of 1961 or the Criminal Code of 2012.
3121	3121	21 (X) A violation of subsection (a) of Section 31-1a of
3122	3122	22 the Criminal Code of 1961 or the Criminal Code of 2012.
3123	3123	23 (Y) A conviction for unlawful possession of a firearm
3124	3124	24 by a street gang member when the firearm was loaded or
3125	3125	25 contained firearm ammunition.
3126	3126	26 (Z) A Class 1 felony committed while he or she was
3127	3127
3128	3128
3129	3129
3130	3130
3131	3131
3132	3132	HB2956 - 87 - LRB103 25548 RLC 51897 b
3133	3133
3134	3134
3135	3135	HB2956- 88 -LRB103 25548 RLC 51897 b HB2956 - 88 - LRB103 25548 RLC 51897 b
3136	3136	HB2956 - 88 - LRB103 25548 RLC 51897 b
3137	3137	1 serving a term of probation or conditional discharge for a
3138	3138	2 felony.
3139	3139	3 (AA) Theft of property exceeding $500,000 and not
3140	3140	4 exceeding $1,000,000 in value.
3141	3141	5 (BB) Laundering of criminally derived property of a
3142	3142	6 value exceeding $500,000.
3143	3143	7 (CC) Knowingly selling, offering for sale, holding for
3144	3144	8 sale, or using 2,000 or more counterfeit items or
3145	3145	9 counterfeit items having a retail value in the aggregate
3146	3146	10 of $500,000 or more.
3147	3147	11 (DD) A conviction for aggravated assault under
3148	3148	12 paragraph (6) of subsection (c) of Section 12-2 of the
3149	3149	13 Criminal Code of 1961 or the Criminal Code of 2012 if the
3150	3150	14 firearm is aimed toward the person against whom the
3151	3151	15 firearm is being used.
3152	3152	16 (EE) A conviction for a violation of paragraph (2) of
3153	3153	17 subsection (a) of Section 24-3B of the Criminal Code of
3154	3154	18 2012.
3155	3155	19 (3) (Blank).
3156	3156	20 (4) A minimum term of imprisonment of not less than 10
3157	3157	21 consecutive days or 30 days of community service shall be
3158	3158	22 imposed for a violation of paragraph (c) of Section 6-303 of
3159	3159	23 the Illinois Vehicle Code.
3160	3160	24 (4.1) (Blank).
3161	3161	25 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
3162	3162	26 this subsection (c), a minimum of 100 hours of community
3163	3163
3164	3164
3165	3165
3166	3166
3167	3167
3168	3168	HB2956 - 88 - LRB103 25548 RLC 51897 b
3169	3169
3170	3170
3171	3171	HB2956- 89 -LRB103 25548 RLC 51897 b HB2956 - 89 - LRB103 25548 RLC 51897 b
3172	3172	HB2956 - 89 - LRB103 25548 RLC 51897 b
3173	3173	1 service shall be imposed for a second violation of Section
3174	3174	2 6-303 of the Illinois Vehicle Code.
3175	3175	3 (4.3) A minimum term of imprisonment of 30 days or 300
3176	3176	4 hours of community service, as determined by the court, shall
3177	3177	5 be imposed for a second violation of subsection (c) of Section
3178	3178	6 6-303 of the Illinois Vehicle Code.
3179	3179	7 (4.4) Except as provided in paragraphs (4.5), (4.6), and
3180	3180	8 (4.9) of this subsection (c), a minimum term of imprisonment
3181	3181	9 of 30 days or 300 hours of community service, as determined by
3182	3182	10 the court, shall be imposed for a third or subsequent
3183	3183	11 violation of Section 6-303 of the Illinois Vehicle Code. The
3184	3184	12 court may give credit toward the fulfillment of community
3185	3185	13 service hours for participation in activities and treatment as
3186	3186	14 determined by court services.
3187	3187	15 (4.5) A minimum term of imprisonment of 30 days shall be
3188	3188	16 imposed for a third violation of subsection (c) of Section
3189	3189	17 6-303 of the Illinois Vehicle Code.
3190	3190	18 (4.6) Except as provided in paragraph (4.10) of this
3191	3191	19 subsection (c), a minimum term of imprisonment of 180 days
3192	3192	20 shall be imposed for a fourth or subsequent violation of
3193	3193	21 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3194	3194	22 (4.7) A minimum term of imprisonment of not less than 30
3195	3195	23 consecutive days, or 300 hours of community service, shall be
3196	3196	24 imposed for a violation of subsection (a-5) of Section 6-303
3197	3197	25 of the Illinois Vehicle Code, as provided in subsection (b-5)
3198	3198	26 of that Section.
3199	3199
3200	3200
3201	3201
3202	3202
3203	3203
3204	3204	HB2956 - 89 - LRB103 25548 RLC 51897 b
3205	3205
3206	3206
3207	3207	HB2956- 90 -LRB103 25548 RLC 51897 b HB2956 - 90 - LRB103 25548 RLC 51897 b
3208	3208	HB2956 - 90 - LRB103 25548 RLC 51897 b
3209	3209	1 (4.8) A mandatory prison sentence shall be imposed for a
3210	3210	2 second violation of subsection (a-5) of Section 6-303 of the
3211	3211	3 Illinois Vehicle Code, as provided in subsection (c-5) of that
3212	3212	4 Section. The person's driving privileges shall be revoked for
3213	3213	5 a period of not less than 5 years from the date of his or her
3214	3214	6 release from prison.
3215	3215	7 (4.9) A mandatory prison sentence of not less than 4 and
3216	3216	8 not more than 15 years shall be imposed for a third violation
3217	3217	9 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3218	3218	10 Code, as provided in subsection (d-2.5) of that Section. The
3219	3219	11 person's driving privileges shall be revoked for the remainder
3220	3220	12 of his or her life.
3221	3221	13 (4.10) A mandatory prison sentence for a Class 1 felony
3222	3222	14 shall be imposed, and the person shall be eligible for an
3223	3223	15 extended term sentence, for a fourth or subsequent violation
3224	3224	16 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3225	3225	17 Code, as provided in subsection (d-3.5) of that Section. The
3226	3226	18 person's driving privileges shall be revoked for the remainder
3227	3227	19 of his or her life.
3228	3228	20 (5) The court may sentence a corporation or unincorporated
3229	3229	21 association convicted of any offense to:
3230	3230	22 (A) a period of conditional discharge;
3231	3231	23 (B) a fine;
3232	3232	24 (C) make restitution to the victim under Section 5-5-6
3233	3233	25 of this Code.
3234	3234	26 (5.1) In addition to any other penalties imposed, and
3235	3235
3236	3236
3237	3237
3238	3238
3239	3239
3240	3240	HB2956 - 90 - LRB103 25548 RLC 51897 b
3241	3241
3242	3242
3243	3243	HB2956- 91 -LRB103 25548 RLC 51897 b HB2956 - 91 - LRB103 25548 RLC 51897 b
3244	3244	HB2956 - 91 - LRB103 25548 RLC 51897 b
3245	3245	1 except as provided in paragraph (5.2) or (5.3), a person
3246	3246	2 convicted of violating subsection (c) of Section 11-907 of the
3247	3247	3 Illinois Vehicle Code shall have his or her driver's license,
3248	3248	4 permit, or privileges suspended for at least 90 days but not
3249	3249	5 more than one year, if the violation resulted in damage to the
3250	3250	6 property of another person.
3251	3251	7 (5.2) In addition to any other penalties imposed, and
3252	3252	8 except as provided in paragraph (5.3), a person convicted of
3253	3253	9 violating subsection (c) of Section 11-907 of the Illinois
3254	3254	10 Vehicle Code shall have his or her driver's license, permit,
3255	3255	11 or privileges suspended for at least 180 days but not more than
3256	3256	12 2 years, if the violation resulted in injury to another
3257	3257	13 person.
3258	3258	14 (5.3) In addition to any other penalties imposed, a person
3259	3259	15 convicted of violating subsection (c) of Section 11-907 of the
3260	3260	16 Illinois Vehicle Code shall have his or her driver's license,
3261	3261	17 permit, or privileges suspended for 2 years, if the violation
3262	3262	18 resulted in the death of another person.
3263	3263	19 (5.4) In addition to any other penalties imposed, a person
3264	3264	20 convicted of violating Section 3-707 of the Illinois Vehicle
3265	3265	21 Code shall have his or her driver's license, permit, or
3266	3266	22 privileges suspended for 3 months and until he or she has paid
3267	3267	23 a reinstatement fee of $100.
3268	3268	24 (5.5) In addition to any other penalties imposed, a person
3269	3269	25 convicted of violating Section 3-707 of the Illinois Vehicle
3270	3270	26 Code during a period in which his or her driver's license,
3271	3271
3272	3272
3273	3273
3274	3274
3275	3275
3276	3276	HB2956 - 91 - LRB103 25548 RLC 51897 b
3277	3277
3278	3278
3279	3279	HB2956- 92 -LRB103 25548 RLC 51897 b HB2956 - 92 - LRB103 25548 RLC 51897 b
3280	3280	HB2956 - 92 - LRB103 25548 RLC 51897 b
3281	3281	1 permit, or privileges were suspended for a previous violation
3282	3282	2 of that Section shall have his or her driver's license,
3283	3283	3 permit, or privileges suspended for an additional 6 months
3284	3284	4 after the expiration of the original 3-month suspension and
3285	3285	5 until he or she has paid a reinstatement fee of $100.
3286	3286	6 (6) (Blank).
3287	3287	7 (7) (Blank).
3288	3288	8 (8) (Blank).
3289	3289	9 (9) A defendant convicted of a second or subsequent
3290	3290	10 offense of ritualized abuse of a child may be sentenced to a
3291	3291	11 term of natural life imprisonment.
3292	3292	12 (10) (Blank).
3293	3293	13 (11) The court shall impose a minimum fine of $1,000 for a
3294	3294	14 first offense and $2,000 for a second or subsequent offense
3295	3295	15 upon a person convicted of or placed on supervision for
3296	3296	16 battery when the individual harmed was a sports official or
3297	3297	17 coach at any level of competition and the act causing harm to
3298	3298	18 the sports official or coach occurred within an athletic
3299	3299	19 facility or within the immediate vicinity of the athletic
3300	3300	20 facility at which the sports official or coach was an active
3301	3301	21 participant of the athletic contest held at the athletic
3302	3302	22 facility. For the purposes of this paragraph (11), "sports
3303	3303	23 official" means a person at an athletic contest who enforces
3304	3304	24 the rules of the contest, such as an umpire or referee;
3305	3305	25 "athletic facility" means an indoor or outdoor playing field
3306	3306	26 or recreational area where sports activities are conducted;
3307	3307
3308	3308
3309	3309
3310	3310
3311	3311
3312	3312	HB2956 - 92 - LRB103 25548 RLC 51897 b
3313	3313
3314	3314
3315	3315	HB2956- 93 -LRB103 25548 RLC 51897 b HB2956 - 93 - LRB103 25548 RLC 51897 b
3316	3316	HB2956 - 93 - LRB103 25548 RLC 51897 b
3317	3317	1 and "coach" means a person recognized as a coach by the
3318	3318	2 sanctioning authority that conducted the sporting event.
3319	3319	3 (12) A person may not receive a disposition of court
3320	3320	4 supervision for a violation of Section 5-16 of the Boat
3321	3321	5 Registration and Safety Act if that person has previously
3322	3322	6 received a disposition of court supervision for a violation of
3323	3323	7 that Section.
3324	3324	8 (13) A person convicted of or placed on court supervision
3325	3325	9 for an assault or aggravated assault when the victim and the
3326	3326	10 offender are family or household members as defined in Section
3327	3327	11 103 of the Illinois Domestic Violence Act of 1986 or convicted
3328	3328	12 of domestic battery or aggravated domestic battery may be
3329	3329	13 required to attend a Partner Abuse Intervention Program under
3330	3330	14 protocols set forth by the Illinois Department of Human
3331	3331	15 Services under such terms and conditions imposed by the court.
3332	3332	16 The costs of such classes shall be paid by the offender.
3333	3333	17 (d) In any case in which a sentence originally imposed is
3334	3334	18 vacated, the case shall be remanded to the trial court. The
3335	3335	19 trial court shall hold a hearing under Section 5-4-1 of this
3336	3336	20 Code which may include evidence of the defendant's life, moral
3337	3337	21 character and occupation during the time since the original
3338	3338	22 sentence was passed. The trial court shall then impose
3339	3339	23 sentence upon the defendant. The trial court may impose any
3340	3340	24 sentence which could have been imposed at the original trial
3341	3341	25 subject to Section 5-5-4 of this Code. If a sentence is vacated
3342	3342	26 on appeal or on collateral attack due to the failure of the
3343	3343
3344	3344
3345	3345
3346	3346
3347	3347
3348	3348	HB2956 - 93 - LRB103 25548 RLC 51897 b
3349	3349
3350	3350
3351	3351	HB2956- 94 -LRB103 25548 RLC 51897 b HB2956 - 94 - LRB103 25548 RLC 51897 b
3352	3352	HB2956 - 94 - LRB103 25548 RLC 51897 b
3353	3353	1 trier of fact at trial to determine beyond a reasonable doubt
3354	3354	2 the existence of a fact (other than a prior conviction)
3355	3355	3 necessary to increase the punishment for the offense beyond
3356	3356	4 the statutory maximum otherwise applicable, either the
3357	3357	5 defendant may be re-sentenced to a term within the range
3358	3358	6 otherwise provided or, if the State files notice of its
3359	3359	7 intention to again seek the extended sentence, the defendant
3360	3360	8 shall be afforded a new trial.
3361	3361	9 (e) In cases where prosecution for aggravated criminal
3362	3362	10 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
3363	3363	11 Code of 1961 or the Criminal Code of 2012 results in conviction
3364	3364	12 of a defendant who was a family member of the victim at the
3365	3365	13 time of the commission of the offense, the court shall
3366	3366	14 consider the safety and welfare of the victim and may impose a
3367	3367	15 sentence of probation only where:
3368	3368	16 (1) the court finds (A) or (B) or both are
3369	3369	17 appropriate:
3370	3370	18 (A) the defendant is willing to undergo a court
3371	3371	19 approved counseling program for a minimum duration of
3372	3372	20 2 years; or
3373	3373	21 (B) the defendant is willing to participate in a
3374	3374	22 court approved plan, including, but not limited to,
3375	3375	23 the defendant's:
3376	3376	24 (i) removal from the household;
3377	3377	25 (ii) restricted contact with the victim;
3378	3378	26 (iii) continued financial support of the
3379	3379
3380	3380
3381	3381
3382	3382
3383	3383
3384	3384	HB2956 - 94 - LRB103 25548 RLC 51897 b
3385	3385
3386	3386
3387	3387	HB2956- 95 -LRB103 25548 RLC 51897 b HB2956 - 95 - LRB103 25548 RLC 51897 b
3388	3388	HB2956 - 95 - LRB103 25548 RLC 51897 b
3389	3389	1 family;
3390	3390	2 (iv) restitution for harm done to the victim;
3391	3391	3 and
3392	3392	4 (v) compliance with any other measures that
3393	3393	5 the court may deem appropriate; and
3394	3394	6 (2) the court orders the defendant to pay for the
3395	3395	7 victim's counseling services, to the extent that the court
3396	3396	8 finds, after considering the defendant's income and
3397	3397	9 assets, that the defendant is financially capable of
3398	3398	10 paying for such services, if the victim was under 18 years
3399	3399	11 of age at the time the offense was committed and requires
3400	3400	12 counseling as a result of the offense.
3401	3401	13 Probation may be revoked or modified pursuant to Section
3402	3402	14 5-6-4; except where the court determines at the hearing that
3403	3403	15 the defendant violated a condition of his or her probation
3404	3404	16 restricting contact with the victim or other family members or
3405	3405	17 commits another offense with the victim or other family
3406	3406	18 members, the court shall revoke the defendant's probation and
3407	3407	19 impose a term of imprisonment.
3408	3408	20 For the purposes of this Section, "family member" and
3409	3409	21 "victim" shall have the meanings ascribed to them in Section
3410	3410	22 11-0.1 of the Criminal Code of 2012.
3411	3411	23 (f) (Blank).
3412	3412	24 (g) Whenever a defendant is convicted of an offense under
3413	3413	25 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
3414	3414	26 11-14.3, 11-14.4 except for an offense that involves keeping a
3415	3415
3416	3416
3417	3417
3418	3418
3419	3419
3420	3420	HB2956 - 95 - LRB103 25548 RLC 51897 b
3421	3421
3422	3422
3423	3423	HB2956- 96 -LRB103 25548 RLC 51897 b HB2956 - 96 - LRB103 25548 RLC 51897 b
3424	3424	HB2956 - 96 - LRB103 25548 RLC 51897 b
3425	3425	1 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
3426	3426	2 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
3427	3427	3 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
3428	3428	4 Criminal Code of 2012, the defendant shall undergo medical
3429	3429	5 testing to determine whether the defendant has any sexually
3430	3430	6 transmissible disease, including a test for infection with
3431	3431	7 human immunodeficiency virus (HIV) or any other identified
3432	3432	8 causative agent of acquired immunodeficiency syndrome (AIDS).
3433	3433	9 Any such medical test shall be performed only by appropriately
3434	3434	10 licensed medical practitioners and may include an analysis of
3435	3435	11 any bodily fluids as well as an examination of the defendant's
3436	3436	12 person. Except as otherwise provided by law, the results of
3437	3437	13 such test shall be kept strictly confidential by all medical
3438	3438	14 personnel involved in the testing and must be personally
3439	3439	15 delivered in a sealed envelope to the judge of the court in
3440	3440	16 which the conviction was entered for the judge's inspection in
3441	3441	17 camera. Acting in accordance with the best interests of the
3442	3442	18 victim and the public, the judge shall have the discretion to
3443	3443	19 determine to whom, if anyone, the results of the testing may be
3444	3444	20 revealed. The court shall notify the defendant of the test
3445	3445	21 results. The court shall also notify the victim if requested
3446	3446	22 by the victim, and if the victim is under the age of 15 and if
3447	3447	23 requested by the victim's parents or legal guardian, the court
3448	3448	24 shall notify the victim's parents or legal guardian of the
3449	3449	25 test results. The court shall provide information on the
3450	3450	26 availability of HIV testing and counseling at Department of
3451	3451
3452	3452
3453	3453
3454	3454
3455	3455
3456	3456	HB2956 - 96 - LRB103 25548 RLC 51897 b
3457	3457
3458	3458
3459	3459	HB2956- 97 -LRB103 25548 RLC 51897 b HB2956 - 97 - LRB103 25548 RLC 51897 b
3460	3460	HB2956 - 97 - LRB103 25548 RLC 51897 b
3461	3461	1 Public Health facilities to all parties to whom the results of
3462	3462	2 the testing are revealed and shall direct the State's Attorney
3463	3463	3 to provide the information to the victim when possible. The
3464	3464	4 court shall order that the cost of any such test shall be paid
3465	3465	5 by the county and may be taxed as costs against the convicted
3466	3466	6 defendant.
3467	3467	7 (g-5) When an inmate is tested for an airborne
3468	3468	8 communicable disease, as determined by the Illinois Department
3469	3469	9 of Public Health, including, but not limited to, tuberculosis,
3470	3470	10 the results of the test shall be personally delivered by the
3471	3471	11 warden or his or her designee in a sealed envelope to the judge
3472	3472	12 of the court in which the inmate must appear for the judge's
3473	3473	13 inspection in camera if requested by the judge. Acting in
3474	3474	14 accordance with the best interests of those in the courtroom,
3475	3475	15 the judge shall have the discretion to determine what if any
3476	3476	16 precautions need to be taken to prevent transmission of the
3477	3477	17 disease in the courtroom.
3478	3478	18 (h) Whenever a defendant is convicted of an offense under
3479	3479	19 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
3480	3480	20 defendant shall undergo medical testing to determine whether
3481	3481	21 the defendant has been exposed to human immunodeficiency virus
3482	3482	22 (HIV) or any other identified causative agent of acquired
3483	3483	23 immunodeficiency syndrome (AIDS). Except as otherwise provided
3484	3484	24 by law, the results of such test shall be kept strictly
3485	3485	25 confidential by all medical personnel involved in the testing
3486	3486	26 and must be personally delivered in a sealed envelope to the
3487	3487
3488	3488
3489	3489
3490	3490
3491	3491
3492	3492	HB2956 - 97 - LRB103 25548 RLC 51897 b
3493	3493
3494	3494
3495	3495	HB2956- 98 -LRB103 25548 RLC 51897 b HB2956 - 98 - LRB103 25548 RLC 51897 b
3496	3496	HB2956 - 98 - LRB103 25548 RLC 51897 b
3497	3497	1 judge of the court in which the conviction was entered for the
3498	3498	2 judge's inspection in camera. Acting in accordance with the
3499	3499	3 best interests of the public, the judge shall have the
3500	3500	4 discretion to determine to whom, if anyone, the results of the
3501	3501	5 testing may be revealed. The court shall notify the defendant
3502	3502	6 of a positive test showing an infection with the human
3503	3503	7 immunodeficiency virus (HIV). The court shall provide
3504	3504	8 information on the availability of HIV testing and counseling
3505	3505	9 at Department of Public Health facilities to all parties to
3506	3506	10 whom the results of the testing are revealed and shall direct
3507	3507	11 the State's Attorney to provide the information to the victim
3508	3508	12 when possible. The court shall order that the cost of any such
3509	3509	13 test shall be paid by the county and may be taxed as costs
3510	3510	14 against the convicted defendant.
3511	3511	15 (i) All fines and penalties imposed under this Section for
3512	3512	16 any violation of Chapters 3, 4, 6, and 11 of the Illinois
3513	3513	17 Vehicle Code, or a similar provision of a local ordinance, and
3514	3514	18 any violation of the Child Passenger Protection Act, or a
3515	3515	19 similar provision of a local ordinance, shall be collected and
3516	3516	20 disbursed by the circuit clerk as provided under the Criminal
3517	3517	21 and Traffic Assessment Act.
3518	3518	22 (j) In cases when prosecution for any violation of Section
3519	3519	23 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
3520	3520	24 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
3521	3521	25 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
3522	3522	26 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
3523	3523
3524	3524
3525	3525
3526	3526
3527	3527
3528	3528	HB2956 - 98 - LRB103 25548 RLC 51897 b
3529	3529
3530	3530
3531	3531	HB2956- 99 -LRB103 25548 RLC 51897 b HB2956 - 99 - LRB103 25548 RLC 51897 b
3532	3532	HB2956 - 99 - LRB103 25548 RLC 51897 b
3533	3533	1 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
3534	3534	2 Code of 2012, any violation of the Illinois Controlled
3535	3535	3 Substances Act, any violation of the Cannabis Control Act, or
3536	3536	4 any violation of the Methamphetamine Control and Community
3537	3537	5 Protection Act results in conviction, a disposition of court
3538	3538	6 supervision, or an order of probation granted under Section 10
3539	3539	7 of the Cannabis Control Act, Section 410 of the Illinois
3540	3540	8 Controlled Substances Act, or Section 70 of the
3541	3541	9 Methamphetamine Control and Community Protection Act of a
3542	3542	10 defendant, the court shall determine whether the defendant is
3543	3543	11 employed by a facility or center as defined under the Child
3544	3544	12 Care Act of 1969, a public or private elementary or secondary
3545	3545	13 school, or otherwise works with children under 18 years of age
3546	3546	14 on a daily basis. When a defendant is so employed, the court
3547	3547	15 shall order the Clerk of the Court to send a copy of the
3548	3548	16 judgment of conviction or order of supervision or probation to
3549	3549	17 the defendant's employer by certified mail. If the employer of
3550	3550	18 the defendant is a school, the Clerk of the Court shall direct
3551	3551	19 the mailing of a copy of the judgment of conviction or order of
3552	3552	20 supervision or probation to the appropriate regional
3553	3553	21 superintendent of schools. The regional superintendent of
3554	3554	22 schools shall notify the State Board of Education of any
3555	3555	23 notification under this subsection.
3556	3556	24 (j-5) A defendant at least 17 years of age who is convicted
3557	3557	25 of a felony and who has not been previously convicted of a
3558	3558	26 misdemeanor or felony and who is sentenced to a term of
3559	3559
3560	3560
3561	3561
3562	3562
3563	3563
3564	3564	HB2956 - 99 - LRB103 25548 RLC 51897 b
3565	3565
3566	3566
3567	3567	HB2956- 100 -LRB103 25548 RLC 51897 b HB2956 - 100 - LRB103 25548 RLC 51897 b
3568	3568	HB2956 - 100 - LRB103 25548 RLC 51897 b
3569	3569	1 imprisonment in the Illinois Department of Corrections shall
3570	3570	2 as a condition of his or her sentence be required by the court
3571	3571	3 to attend educational courses designed to prepare the
3572	3572	4 defendant for a high school diploma and to work toward a high
3573	3573	5 school diploma or to work toward passing high school
3574	3574	6 equivalency testing or to work toward completing a vocational
3575	3575	7 training program offered by the Department of Corrections. If
3576	3576	8 a defendant fails to complete the educational training
3577	3577	9 required by his or her sentence during the term of
3578	3578	10 incarceration, the Prisoner Review Board shall, as a condition
3579	3579	11 of mandatory supervised release, require the defendant, at his
3580	3580	12 or her own expense, to pursue a course of study toward a high
3581	3581	13 school diploma or passage of high school equivalency testing.
3582	3582	14 The Prisoner Review Board shall revoke the mandatory
3583	3583	15 supervised release of a defendant who wilfully fails to comply
3584	3584	16 with this subsection (j-5) upon his or her release from
3585	3585	17 confinement in a penal institution while serving a mandatory
3586	3586	18 supervised release term; however, the inability of the
3587	3587	19 defendant after making a good faith effort to obtain financial
3588	3588	20 aid or pay for the educational training shall not be deemed a
3589	3589	21 wilful failure to comply. The Prisoner Review Board shall
3590	3590	22 recommit the defendant whose mandatory supervised release term
3591	3591	23 has been revoked under this subsection (j-5) as provided in
3592	3592	24 Section 3-3-9. This subsection (j-5) does not apply to a
3593	3593	25 defendant who has a high school diploma or has successfully
3594	3594	26 passed high school equivalency testing. This subsection (j-5)
3595	3595
3596	3596
3597	3597
3598	3598
3599	3599
3600	3600	HB2956 - 100 - LRB103 25548 RLC 51897 b
3601	3601
3602	3602
3603	3603	HB2956- 101 -LRB103 25548 RLC 51897 b HB2956 - 101 - LRB103 25548 RLC 51897 b
3604	3604	HB2956 - 101 - LRB103 25548 RLC 51897 b
3605	3605	1 does not apply to a defendant who is determined by the court to
3606	3606	2 be a person with a developmental disability or otherwise
3607	3607	3 mentally incapable of completing the educational or vocational
3608	3608	4 program.
3609	3609	5 (k) (Blank).
3610	3610	6 (l) (A) Except as provided in paragraph (C) of subsection
3611	3611	7 (l), whenever a defendant, who is not a citizen or national of
3612	3612	8 the United States, is convicted of any felony or misdemeanor
3613	3613	9 offense, the court after sentencing the defendant may, upon
3614	3614	10 motion of the State's Attorney, hold sentence in abeyance and
3615	3615	11 remand the defendant to the custody of the Attorney General of
3616	3616	12 the United States or his or her designated agent to be deported
3617	3617	13 when:
3618	3618	14 (1) a final order of deportation has been issued
3619	3619	15 against the defendant pursuant to proceedings under the
3620	3620	16 Immigration and Nationality Act, and
3621	3621	17 (2) the deportation of the defendant would not
3622	3622	18 deprecate the seriousness of the defendant's conduct and
3623	3623	19 would not be inconsistent with the ends of justice.
3624	3624	20 Otherwise, the defendant shall be sentenced as provided in
3625	3625	21 this Chapter V.
3626	3626	22 (B) If the defendant has already been sentenced for a
3627	3627	23 felony or misdemeanor offense, or has been placed on probation
3628	3628	24 under Section 10 of the Cannabis Control Act, Section 410 of
3629	3629	25 the Illinois Controlled Substances Act, or Section 70 of the
3630	3630	26 Methamphetamine Control and Community Protection Act, the
3631	3631
3632	3632
3633	3633
3634	3634
3635	3635
3636	3636	HB2956 - 101 - LRB103 25548 RLC 51897 b
3637	3637
3638	3638
3639	3639	HB2956- 102 -LRB103 25548 RLC 51897 b HB2956 - 102 - LRB103 25548 RLC 51897 b
3640	3640	HB2956 - 102 - LRB103 25548 RLC 51897 b
3641	3641	1 court may, upon motion of the State's Attorney to suspend the
3642	3642	2 sentence imposed, commit the defendant to the custody of the
3643	3643	3 Attorney General of the United States or his or her designated
3644	3644	4 agent when:
3645	3645	5 (1) a final order of deportation has been issued
3646	3646	6 against the defendant pursuant to proceedings under the
3647	3647	7 Immigration and Nationality Act, and
3648	3648	8 (2) the deportation of the defendant would not
3649	3649	9 deprecate the seriousness of the defendant's conduct and
3650	3650	10 would not be inconsistent with the ends of justice.
3651	3651	11 (C) This subsection (l) does not apply to offenders who
3652	3652	12 are subject to the provisions of paragraph (2) of subsection
3653	3653	13 (a) of Section 3-6-3.
3654	3654	14 (D) Upon motion of the State's Attorney, if a defendant
3655	3655	15 sentenced under this Section returns to the jurisdiction of
3656	3656	16 the United States, the defendant shall be recommitted to the
3657	3657	17 custody of the county from which he or she was sentenced.
3658	3658	18 Thereafter, the defendant shall be brought before the
3659	3659	19 sentencing court, which may impose any sentence that was
3660	3660	20 available under Section 5-5-3 at the time of initial
3661	3661	21 sentencing. In addition, the defendant shall not be eligible
3662	3662	22 for additional earned sentence credit as provided under
3663	3663	23 Section 3-6-3.
3664	3664	24 (m) A person convicted of criminal defacement of property
3665	3665	25 under Section 21-1.3 of the Criminal Code of 1961 or the
3666	3666	26 Criminal Code of 2012, in which the property damage exceeds
3667	3667
3668	3668
3669	3669
3670	3670
3671	3671
3672	3672	HB2956 - 102 - LRB103 25548 RLC 51897 b
3673	3673
3674	3674
3675	3675	HB2956- 103 -LRB103 25548 RLC 51897 b HB2956 - 103 - LRB103 25548 RLC 51897 b
3676	3676	HB2956 - 103 - LRB103 25548 RLC 51897 b
3677	3677	1 $300 and the property damaged is a school building, shall be
3678	3678	2 ordered to perform community service that may include cleanup,
3679	3679	3 removal, or painting over the defacement.
3680	3680	4 (n) The court may sentence a person convicted of a
3681	3681	5 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
3682	3682	6 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
3683	3683	7 of 1961 or the Criminal Code of 2012 (i) to an impact
3684	3684	8 incarceration program if the person is otherwise eligible for
3685	3685	9 that program under Section 5-8-1.1, (ii) to community service,
3686	3686	10 or (iii) if the person has a substance use disorder, as defined
3687	3687	11 in the Substance Use Disorder Act, to a treatment program
3688	3688	12 licensed under that Act.
3689	3689	13 (o) Whenever a person is convicted of a sex offense as
3690	3690	14 defined in Section 2 of the Sex Offender Registration Act, the
3691	3691	15 defendant's driver's license or permit shall be subject to
3692	3692	16 renewal on an annual basis in accordance with the provisions
3693	3693	17 of license renewal established by the Secretary of State.
3694	3694	18 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
3695	3695	19 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
3696	3696	20 5-27-22.)
3697	3697	21 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
3698	3698	22 (Text of Section before amendment by P.A. 102-982)
3699	3699	23 Sec. 5-8-4. Concurrent and consecutive terms of
3700	3700	24 imprisonment.
3701	3701	25 (a) Concurrent terms; multiple or additional sentences.
3702	3702
3703	3703
3704	3704
3705	3705
3706	3706
3707	3707	HB2956 - 103 - LRB103 25548 RLC 51897 b
3708	3708
3709	3709
3710	3710	HB2956- 104 -LRB103 25548 RLC 51897 b HB2956 - 104 - LRB103 25548 RLC 51897 b
3711	3711	HB2956 - 104 - LRB103 25548 RLC 51897 b
3712	3712	1 When an Illinois court (i) imposes multiple sentences of
3713	3713	2 imprisonment on a defendant at the same time or (ii) imposes a
3714	3714	3 sentence of imprisonment on a defendant who is already subject
3715	3715	4 to a sentence of imprisonment imposed by an Illinois court, a
3716	3716	5 court of another state, or a federal court, then the sentences
3717	3717	6 shall run concurrently unless otherwise determined by the
3718	3718	7 Illinois court under this Section.
3719	3719	8 (b) Concurrent terms; misdemeanor and felony. A defendant
3720	3720	9 serving a sentence for a misdemeanor who is convicted of a
3721	3721	10 felony and sentenced to imprisonment shall be transferred to
3722	3722	11 the Department of Corrections, and the misdemeanor sentence
3723	3723	12 shall be merged in and run concurrently with the felony
3724	3724	13 sentence.
3725	3725	14 (c) Consecutive terms; permissive. The court may impose
3726	3726	15 consecutive sentences in any of the following circumstances:
3727	3727	16 (1) If, having regard to the nature and circumstances
3728	3728	17 of the offense and the history and character of the
3729	3729	18 defendant, it is the opinion of the court that consecutive
3730	3730	19 sentences are required to protect the public from further
3731	3731	20 criminal conduct by the defendant, the basis for which the
3732	3732	21 court shall set forth in the record.
3733	3733	22 (2) If one of the offenses for which a defendant was
3734	3734	23 convicted was a violation of Section 32-5.2 (aggravated
3735	3735	24 false personation of a peace officer) of the Criminal Code
3736	3736	25 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
3737	3737	26 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
3738	3738
3739	3739
3740	3740
3741	3741
3742	3742
3743	3743	HB2956 - 104 - LRB103 25548 RLC 51897 b
3744	3744
3745	3745
3746	3746	HB2956- 105 -LRB103 25548 RLC 51897 b HB2956 - 105 - LRB103 25548 RLC 51897 b
3747	3747	HB2956 - 105 - LRB103 25548 RLC 51897 b
3748	3748	1 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
3749	3749	2 offense was committed in attempting or committing a
3750	3750	3 forcible felony.
3751	3751	4 (3) If a person charged with a felony commits a
3752	3752	5 separate felony while on pretrial release or in pretrial
3753	3753	6 detention in a county jail facility or county detention
3754	3754	7 facility, then the sentences imposed upon conviction of
3755	3755	8 these felonies may be served consecutively regardless of
3756	3756	9 the order in which the judgments of conviction are
3757	3757	10 entered.
3758	3758	11 (4) If a person commits a battery against a county
3759	3759	12 correctional officer or sheriff's employee while serving a
3760	3760	13 sentence or in pretrial detention in a county jail
3761	3761	14 facility, then the sentence imposed upon conviction of the
3762	3762	15 battery may be served consecutively with the sentence
3763	3763	16 imposed upon conviction of the earlier misdemeanor or
3764	3764	17 felony, regardless of the order in which the judgments of
3765	3765	18 conviction are entered.
3766	3766	19 (5) If a person admitted to pretrial release following
3767	3767	20 conviction of a felony commits a separate felony while
3768	3768	21 released pretrial or if a person detained in a county jail
3769	3769	22 facility or county detention facility following conviction
3770	3770	23 of a felony commits a separate felony while in detention,
3771	3771	24 then any sentence following conviction of the separate
3772	3772	25 felony may be consecutive to that of the original sentence
3773	3773	26 for which the defendant was released pretrial or detained.
3774	3774
3775	3775
3776	3776
3777	3777
3778	3778
3779	3779	HB2956 - 105 - LRB103 25548 RLC 51897 b
3780	3780
3781	3781
3782	3782	HB2956- 106 -LRB103 25548 RLC 51897 b HB2956 - 106 - LRB103 25548 RLC 51897 b
3783	3783	HB2956 - 106 - LRB103 25548 RLC 51897 b
3784	3784	1 (6) If a person is found to be in possession of an item
3785	3785	2 of contraband, as defined in Section 31A-0.1 of the
3786	3786	3 Criminal Code of 2012, while serving a sentence in a
3787	3787	4 county jail or while in pretrial detention in a county
3788	3788	5 jail, the sentence imposed upon conviction for the offense
3789	3789	6 of possessing contraband in a penal institution may be
3790	3790	7 served consecutively to the sentence imposed for the
3791	3791	8 offense for which the person is serving a sentence in the
3792	3792	9 county jail or while in pretrial detention, regardless of
3793	3793	10 the order in which the judgments of conviction are
3794	3794	11 entered.
3795	3795	12 (7) If a person is sentenced for a violation of a
3796	3796	13 condition of pretrial release under Section 32-10 of the
3797	3797	14 Criminal Code of 1961 or the Criminal Code of 2012, any
3798	3798	15 sentence imposed for that violation may be served
3799	3799	16 consecutive to the sentence imposed for the charge for
3800	3800	17 which pretrial release had been granted and with respect
3801	3801	18 to which the defendant has been convicted.
3802	3802	19 (d) Consecutive terms; mandatory. The court shall impose
3803	3803	20 consecutive sentences in each of the following circumstances:
3804	3804	21 (1) One of the offenses for which the defendant was
3805	3805	22 convicted was first degree murder or a Class X or Class 1
3806	3806	23 felony and the defendant inflicted severe bodily injury.
3807	3807	24 (2) The defendant was convicted of a violation of
3808	3808	25 Section 11-1.20 or 12-13 (criminal sexual assault),
3809	3809	26 11-1.30 or 12-14 (aggravated criminal sexual assault), or
3810	3810
3811	3811
3812	3812
3813	3813
3814	3814
3815	3815	HB2956 - 106 - LRB103 25548 RLC 51897 b
3816	3816
3817	3817
3818	3818	HB2956- 107 -LRB103 25548 RLC 51897 b HB2956 - 107 - LRB103 25548 RLC 51897 b
3819	3819	HB2956 - 107 - LRB103 25548 RLC 51897 b
3820	3820	1 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
3821	3821	2 child) of the Criminal Code of 1961 or the Criminal Code of
3822	3822	3 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
3823	3823	4 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
3824	3824	5 5/12-14.1).
3825	3825	6 (2.5) The defendant was convicted of a violation of
3826	3826	7 paragraph (1), (2), (3), (4), (5), or (7) of subsection
3827	3827	8 (a) of Section 11-20.1 (child pornography) or of paragraph
3828	3828	9 (1), (2), (3), (4), (5), or (7) of subsection (a) of
3829	3829	10 Section 11-20.1B or 11-20.3 (aggravated child pornography)
3830	3830	11 of the Criminal Code of 1961 or the Criminal Code of 2012;
3831	3831	12 or the defendant was convicted of a violation of paragraph
3832	3832	13 (6) of subsection (a) of Section 11-20.1 (child
3833	3833	14 pornography) or of paragraph (6) of subsection (a) of
3834	3834	15 Section 11-20.1B or 11-20.3 (aggravated child pornography)
3835	3835	16 of the Criminal Code of 1961 or the Criminal Code of 2012,
3836	3836	17 when the child depicted is under the age of 13.
3837	3837	18 (3) The defendant was convicted of armed violence
3838	3838	19 based upon the predicate offense of any of the following:
3839	3839	20 solicitation of murder, solicitation of murder for hire,
3840	3840	21 heinous battery as described in Section 12-4.1 or
3841	3841	22 subdivision (a)(2) of Section 12-3.05, aggravated battery
3842	3842	23 of a senior citizen as described in Section 12-4.6 or
3843	3843	24 subdivision (a)(4) of Section 12-3.05, criminal sexual
3844	3844	25 assault, a violation of subsection (g) of Section 5 of the
3845	3845	26 Cannabis Control Act (720 ILCS 550/5), cannabis
3846	3846
3847	3847
3848	3848
3849	3849
3850	3850
3851	3851	HB2956 - 107 - LRB103 25548 RLC 51897 b
3852	3852
3853	3853
3854	3854	HB2956- 108 -LRB103 25548 RLC 51897 b HB2956 - 108 - LRB103 25548 RLC 51897 b
3855	3855	HB2956 - 108 - LRB103 25548 RLC 51897 b
3856	3856	1 trafficking, a violation of subsection (a) of Section 401
3857	3857	2 of the Illinois Controlled Substances Act (720 ILCS
3858	3858	3 570/401), controlled substance trafficking involving a
3859	3859	4 Class X felony amount of controlled substance under
3860	3860	5 Section 401 of the Illinois Controlled Substances Act (720
3861	3861	6 ILCS 570/401), a violation of the Methamphetamine Control
3862	3862	7 and Community Protection Act (720 ILCS 646/), calculated
3863	3863	8 criminal drug conspiracy, or streetgang criminal drug
3864	3864	9 conspiracy.
3865	3865	10 (4) The defendant was convicted of the offense of
3866	3866	11 leaving the scene of a motor vehicle accident involving
3867	3867	12 death or personal injuries under Section 11-401 of the
3868	3868	13 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
3869	3869	14 aggravated driving under the influence of alcohol, other
3870	3870	15 drug or drugs, or intoxicating compound or compounds, or
3871	3871	16 any combination thereof under Section 11-501 of the
3872	3872	17 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
3873	3873	18 homicide under Section 9-3 of the Criminal Code of 1961 or
3874	3874	19 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
3875	3875	20 offense described in item (A) and an offense described in
3876	3876	21 item (B).
3877	3877	22 (5) The defendant was convicted of a violation of
3878	3878	23 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
3879	3879	24 death) or Section 12-20.5 (dismembering a human body) of
3880	3880	25 the Criminal Code of 1961 or the Criminal Code of 2012 (720
3881	3881	26 ILCS 5/9-3.1 or 5/12-20.5).
3882	3882
3883	3883
3884	3884
3885	3885
3886	3886
3887	3887	HB2956 - 108 - LRB103 25548 RLC 51897 b
3888	3888
3889	3889
3890	3890	HB2956- 109 -LRB103 25548 RLC 51897 b HB2956 - 109 - LRB103 25548 RLC 51897 b
3891	3891	HB2956 - 109 - LRB103 25548 RLC 51897 b
3892	3892	1 (5.5) The defendant was convicted of a violation of
3893	3893	2 Section 24-3.7 (use of a stolen firearm in the commission
3894	3894	3 of an offense) of the Criminal Code of 1961 or the Criminal
3895	3895	4 Code of 2012.
3896	3896	5 (6) If the defendant was in the custody of the
3897	3897	6 Department of Corrections at the time of the commission of
3898	3898	7 the offense, the sentence shall be served consecutive to
3899	3899	8 the sentence under which the defendant is held by the
3900	3900	9 Department of Corrections.
3901	3901	10 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
3902	3902	11 for escape or attempted escape shall be served consecutive
3903	3903	12 to the terms under which the offender is held by the
3904	3904	13 Department of Corrections.
3905	3905	14 (8) (Blank).
3906	3906	15 (8.5) (Blank).
3907	3907	16 (9) (Blank).
3908	3908	17 (10) (Blank).
3909	3909	18 (11) (Blank).
3910	3910	19 (e) Consecutive terms; subsequent non-Illinois term. If an
3911	3911	20 Illinois court has imposed a sentence of imprisonment on a
3912	3912	21 defendant and the defendant is subsequently sentenced to a
3913	3913	22 term of imprisonment by a court of another state or a federal
3914	3914	23 court, then the Illinois sentence shall run consecutively to
3915	3915	24 the sentence imposed by the court of the other state or the
3916	3916	25 federal court. That same Illinois court, however, may order
3917	3917	26 that the Illinois sentence run concurrently with the sentence
3918	3918
3919	3919
3920	3920
3921	3921
3922	3922
3923	3923	HB2956 - 109 - LRB103 25548 RLC 51897 b
3924	3924
3925	3925
3926	3926	HB2956- 110 -LRB103 25548 RLC 51897 b HB2956 - 110 - LRB103 25548 RLC 51897 b
3927	3927	HB2956 - 110 - LRB103 25548 RLC 51897 b
3928	3928	1 imposed by the court of the other state or the federal court,
3929	3929	2 but only if the defendant applies to that same Illinois court
3930	3930	3 within 30 days after the sentence imposed by the court of the
3931	3931	4 other state or the federal court is finalized.
3932	3932	5 (f) Consecutive terms; aggregate maximums and minimums.
3933	3933	6 The aggregate maximum and aggregate minimum of consecutive
3934	3934	7 sentences shall be determined as follows:
3935	3935	8 (1) For sentences imposed under law in effect prior to
3936	3936	9 February 1, 1978, the aggregate maximum of consecutive
3937	3937	10 sentences shall not exceed the maximum term authorized
3938	3938	11 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
3939	3939	12 Chapter V for the 2 most serious felonies involved. The
3940	3940	13 aggregate minimum period of consecutive sentences shall
3941	3941	14 not exceed the highest minimum term authorized under
3942	3942	15 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
3943	3943	16 V for the 2 most serious felonies involved. When sentenced
3944	3944	17 only for misdemeanors, a defendant shall not be
3945	3945	18 consecutively sentenced to more than the maximum for one
3946	3946	19 Class A misdemeanor.
3947	3947	20 (2) For sentences imposed under the law in effect on
3948	3948	21 or after February 1, 1978, the aggregate of consecutive
3949	3949	22 sentences for offenses that were committed as part of a
3950	3950	23 single course of conduct during which there was no
3951	3951	24 substantial change in the nature of the criminal objective
3952	3952	25 shall not exceed the sum of the maximum terms authorized
3953	3953	26 under Article 4.5 of Chapter V for the 2 most serious
3954	3954
3955	3955
3956	3956
3957	3957
3958	3958
3959	3959	HB2956 - 110 - LRB103 25548 RLC 51897 b
3960	3960
3961	3961
3962	3962	HB2956- 111 -LRB103 25548 RLC 51897 b HB2956 - 111 - LRB103 25548 RLC 51897 b
3963	3963	HB2956 - 111 - LRB103 25548 RLC 51897 b
3964	3964	1 felonies involved, but no such limitation shall apply for
3965	3965	2 offenses that were not committed as part of a single
3966	3966	3 course of conduct during which there was no substantial
3967	3967	4 change in the nature of the criminal objective. When
3968	3968	5 sentenced only for misdemeanors, a defendant shall not be
3969	3969	6 consecutively sentenced to more than the maximum for one
3970	3970	7 Class A misdemeanor.
3971	3971	8 (g) Consecutive terms; manner served. In determining the
3972	3972	9 manner in which consecutive sentences of imprisonment, one or
3973	3973	10 more of which is for a felony, will be served, the Department
3974	3974	11 of Corrections shall treat the defendant as though he or she
3975	3975	12 had been committed for a single term subject to each of the
3976	3976	13 following:
3977	3977	14 (1) The maximum period of a term of imprisonment shall
3978	3978	15 consist of the aggregate of the maximums of the imposed
3979	3979	16 indeterminate terms, if any, plus the aggregate of the
3980	3980	17 imposed determinate sentences for felonies, plus the
3981	3981	18 aggregate of the imposed determinate sentences for
3982	3982	19 misdemeanors, subject to subsection (f) of this Section.
3983	3983	20 (2) The parole or mandatory supervised release term
3984	3984	21 shall be as provided in paragraph (e) of Section 5-4.5-50
3985	3985	22 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
3986	3986	23 involved.
3987	3987	24 (3) The minimum period of imprisonment shall be the
3988	3988	25 aggregate of the minimum and determinate periods of
3989	3989	26 imprisonment imposed by the court, subject to subsection
3990	3990
3991	3991
3992	3992
3993	3993
3994	3994
3995	3995	HB2956 - 111 - LRB103 25548 RLC 51897 b
3996	3996
3997	3997
3998	3998	HB2956- 112 -LRB103 25548 RLC 51897 b HB2956 - 112 - LRB103 25548 RLC 51897 b
3999	3999	HB2956 - 112 - LRB103 25548 RLC 51897 b
4000	4000	1 (f) of this Section.
4001	4001	2 (4) The defendant shall be awarded credit against the
4002	4002	3 aggregate maximum term and the aggregate minimum term of
4003	4003	4 imprisonment for all time served in an institution since
4004	4004	5 the commission of the offense or offenses and as a
4005	4005	6 consequence thereof at the rate specified in Section 3-6-3
4006	4006	7 (730 ILCS 5/3-6-3).
4007	4007	8 (h) Notwithstanding any other provisions of this Section,
4008	4008	9 all sentences imposed by an Illinois court under this Code
4009	4009	10 shall run concurrent to any and all sentences imposed under
4010	4010	11 the Juvenile Court Act of 1987.
4011	4011	12 (Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
4012	4012	13 (Text of Section after amendment by P.A. 102-982)
4013	4013	14 Sec. 5-8-4. Concurrent and consecutive terms of
4014	4014	15 imprisonment.
4015	4015	16 (a) Concurrent terms; multiple or additional sentences.
4016	4016	17 When an Illinois court (i) imposes multiple sentences of
4017	4017	18 imprisonment on a defendant at the same time or (ii) imposes a
4018	4018	19 sentence of imprisonment on a defendant who is already subject
4019	4019	20 to a sentence of imprisonment imposed by an Illinois court, a
4020	4020	21 court of another state, or a federal court, then the sentences
4021	4021	22 shall run concurrently unless otherwise determined by the
4022	4022	23 Illinois court under this Section.
4023	4023	24 (b) Concurrent terms; misdemeanor and felony. A defendant
4024	4024	25 serving a sentence for a misdemeanor who is convicted of a
4025	4025
4026	4026
4027	4027
4028	4028
4029	4029
4030	4030	HB2956 - 112 - LRB103 25548 RLC 51897 b
4031	4031
4032	4032
4033	4033	HB2956- 113 -LRB103 25548 RLC 51897 b HB2956 - 113 - LRB103 25548 RLC 51897 b
4034	4034	HB2956 - 113 - LRB103 25548 RLC 51897 b
4035	4035	1 felony and sentenced to imprisonment shall be transferred to
4036	4036	2 the Department of Corrections, and the misdemeanor sentence
4037	4037	3 shall be merged in and run concurrently with the felony
4038	4038	4 sentence.
4039	4039	5 (c) Consecutive terms; permissive. The court may impose
4040	4040	6 consecutive sentences in any of the following circumstances:
4041	4041	7 (1) If, having regard to the nature and circumstances
4042	4042	8 of the offense and the history and character of the
4043	4043	9 defendant, it is the opinion of the court that consecutive
4044	4044	10 sentences are required to protect the public from further
4045	4045	11 criminal conduct by the defendant, the basis for which the
4046	4046	12 court shall set forth in the record.
4047	4047	13 (2) If one of the offenses for which a defendant was
4048	4048	14 convicted was a violation of Section 32-5.2 (aggravated
4049	4049	15 false personation of a peace officer) of the Criminal Code
4050	4050	16 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
4051	4051	17 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
4052	4052	18 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
4053	4053	19 offense was committed in attempting or committing a
4054	4054	20 forcible felony.
4055	4055	21 (3) If a person charged with a felony commits a
4056	4056	22 separate felony while on pretrial release or in pretrial
4057	4057	23 detention in a county jail facility or county detention
4058	4058	24 facility, then the sentences imposed upon conviction of
4059	4059	25 these felonies may be served consecutively regardless of
4060	4060	26 the order in which the judgments of conviction are
4061	4061
4062	4062
4063	4063
4064	4064
4065	4065
4066	4066	HB2956 - 113 - LRB103 25548 RLC 51897 b
4067	4067
4068	4068
4069	4069	HB2956- 114 -LRB103 25548 RLC 51897 b HB2956 - 114 - LRB103 25548 RLC 51897 b
4070	4070	HB2956 - 114 - LRB103 25548 RLC 51897 b
4071	4071	1 entered.
4072	4072	2 (4) If a person commits a battery against a county
4073	4073	3 correctional officer or sheriff's employee while serving a
4074	4074	4 sentence or in pretrial detention in a county jail
4075	4075	5 facility, then the sentence imposed upon conviction of the
4076	4076	6 battery may be served consecutively with the sentence
4077	4077	7 imposed upon conviction of the earlier misdemeanor or
4078	4078	8 felony, regardless of the order in which the judgments of
4079	4079	9 conviction are entered.
4080	4080	10 (5) If a person admitted to pretrial release following
4081	4081	11 conviction of a felony commits a separate felony while
4082	4082	12 released pretrial or if a person detained in a county jail
4083	4083	13 facility or county detention facility following conviction
4084	4084	14 of a felony commits a separate felony while in detention,
4085	4085	15 then any sentence following conviction of the separate
4086	4086	16 felony may be consecutive to that of the original sentence
4087	4087	17 for which the defendant was released pretrial or detained.
4088	4088	18 (6) If a person is found to be in possession of an item
4089	4089	19 of contraband, as defined in Section 31A-0.1 of the
4090	4090	20 Criminal Code of 2012, while serving a sentence in a
4091	4091	21 county jail or while in pretrial detention in a county
4092	4092	22 jail, the sentence imposed upon conviction for the offense
4093	4093	23 of possessing contraband in a penal institution may be
4094	4094	24 served consecutively to the sentence imposed for the
4095	4095	25 offense for which the person is serving a sentence in the
4096	4096	26 county jail or while in pretrial detention, regardless of
4097	4097
4098	4098
4099	4099
4100	4100
4101	4101
4102	4102	HB2956 - 114 - LRB103 25548 RLC 51897 b
4103	4103
4104	4104
4105	4105	HB2956- 115 -LRB103 25548 RLC 51897 b HB2956 - 115 - LRB103 25548 RLC 51897 b
4106	4106	HB2956 - 115 - LRB103 25548 RLC 51897 b
4107	4107	1 the order in which the judgments of conviction are
4108	4108	2 entered.
4109	4109	3 (7) If a person is sentenced for a violation of a
4110	4110	4 condition of pretrial release under Section 32-10 of the
4111	4111	5 Criminal Code of 1961 or the Criminal Code of 2012, any
4112	4112	6 sentence imposed for that violation may be served
4113	4113	7 consecutive to the sentence imposed for the charge for
4114	4114	8 which pretrial release had been granted and with respect
4115	4115	9 to which the defendant has been convicted.
4116	4116	10 (d) Consecutive terms; mandatory. The court shall impose
4117	4117	11 consecutive sentences in each of the following circumstances:
4118	4118	12 (1) One of the offenses for which the defendant was
4119	4119	13 convicted was first degree murder or a Class X or Class 1
4120	4120	14 felony and the defendant inflicted severe bodily injury.
4121	4121	15 (2) The defendant was convicted of a violation of
4122	4122	16 Section 11-1.20 or 12-13 (criminal sexual assault),
4123	4123	17 11-1.30 or 12-14 (aggravated criminal sexual assault), or
4124	4124	18 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
4125	4125	19 child) of the Criminal Code of 1961 or the Criminal Code of
4126	4126	20 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
4127	4127	21 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
4128	4128	22 5/12-14.1).
4129	4129	23 (2.5) The defendant was convicted of a violation of
4130	4130	24 paragraph (1), (2), (3), (4), (5), or (7) of subsection
4131	4131	25 (a) of Section 11-20.1 (child pornography) or of paragraph
4132	4132	26 (1), (2), (3), (4), (5), or (7) of subsection (a) of
4133	4133
4134	4134
4135	4135
4136	4136
4137	4137
4138	4138	HB2956 - 115 - LRB103 25548 RLC 51897 b
4139	4139
4140	4140
4141	4141	HB2956- 116 -LRB103 25548 RLC 51897 b HB2956 - 116 - LRB103 25548 RLC 51897 b
4142	4142	HB2956 - 116 - LRB103 25548 RLC 51897 b
4143	4143	1 Section 11-20.1B or 11-20.3 (aggravated child pornography)
4144	4144	2 of the Criminal Code of 1961 or the Criminal Code of 2012;
4145	4145	3 or the defendant was convicted of a violation of paragraph
4146	4146	4 (6) of subsection (a) of Section 11-20.1 (child
4147	4147	5 pornography) or of paragraph (6) of subsection (a) of
4148	4148	6 Section 11-20.1B or 11-20.3 (aggravated child pornography)
4149	4149	7 of the Criminal Code of 1961 or the Criminal Code of 2012,
4150	4150	8 when the child depicted is under the age of 13.
4151	4151	9 (3) The defendant was convicted of armed violence
4152	4152	10 based upon the predicate offense of any of the following:
4153	4153	11 solicitation of murder, solicitation of murder for hire,
4154	4154	12 heinous battery as described in Section 12-4.1 or
4155	4155	13 subdivision (a)(2) of Section 12-3.05, aggravated battery
4156	4156	14 of a senior citizen as described in Section 12-4.6 or
4157	4157	15 subdivision (a)(4) of Section 12-3.05, criminal sexual
4158	4158	16 assault, a violation of subsection (g) of Section 5 of the
4159	4159	17 Cannabis Control Act (720 ILCS 550/5), cannabis
4160	4160	18 trafficking, a violation of subsection (a) of Section 401
4161	4161	19 of the Illinois Controlled Substances Act (720 ILCS
4162	4162	20 570/401), controlled substance trafficking involving a
4163	4163	21 Class X felony amount of controlled substance under
4164	4164	22 Section 401 of the Illinois Controlled Substances Act (720
4165	4165	23 ILCS 570/401), a violation of the Methamphetamine Control
4166	4166	24 and Community Protection Act (720 ILCS 646/), calculated
4167	4167	25 criminal drug conspiracy, or streetgang criminal drug
4168	4168	26 conspiracy.
4169	4169
4170	4170
4171	4171
4172	4172
4173	4173
4174	4174	HB2956 - 116 - LRB103 25548 RLC 51897 b
4175	4175
4176	4176
4177	4177	HB2956- 117 -LRB103 25548 RLC 51897 b HB2956 - 117 - LRB103 25548 RLC 51897 b
4178	4178	HB2956 - 117 - LRB103 25548 RLC 51897 b
4179	4179	1 (4) The defendant was convicted of the offense of
4180	4180	2 leaving the scene of a motor vehicle crash involving death
4181	4181	3 or personal injuries under Section 11-401 of the Illinois
4182	4182	4 Vehicle Code (625 ILCS 5/11-401) and either: (A)
4183	4183	5 aggravated driving under the influence of alcohol, other
4184	4184	6 drug or drugs, or intoxicating compound or compounds, or
4185	4185	7 any combination thereof under Section 11-501 of the
4186	4186	8 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
4187	4187	9 homicide under Section 9-3 of the Criminal Code of 1961 or
4188	4188	10 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
4189	4189	11 offense described in item (A) and an offense described in
4190	4190	12 item (B).
4191	4191	13 (5) The defendant was convicted of a violation of
4192	4192	14 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
4193	4193	15 death) or Section 12-20.5 (dismembering a human body) of
4194	4194	16 the Criminal Code of 1961 or the Criminal Code of 2012 (720
4195	4195	17 ILCS 5/9-3.1 or 5/12-20.5).
4196	4196	18 (5.5) The defendant was convicted of a violation of
4197	4197	19 Section 24-3.7 (use of a stolen or illegally acquired
4198	4198	20 firearm in the commission of an offense) of the Criminal
4199	4199	21 Code of 1961 or the Criminal Code of 2012.
4200	4200	22 (6) If the defendant was in the custody of the
4201	4201	23 Department of Corrections at the time of the commission of
4202	4202	24 the offense, the sentence shall be served consecutive to
4203	4203	25 the sentence under which the defendant is held by the
4204	4204	26 Department of Corrections.
4205	4205
4206	4206
4207	4207
4208	4208
4209	4209
4210	4210	HB2956 - 117 - LRB103 25548 RLC 51897 b
4211	4211
4212	4212
4213	4213	HB2956- 118 -LRB103 25548 RLC 51897 b HB2956 - 118 - LRB103 25548 RLC 51897 b
4214	4214	HB2956 - 118 - LRB103 25548 RLC 51897 b
4215	4215	1 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
4216	4216	2 for escape or attempted escape shall be served consecutive
4217	4217	3 to the terms under which the offender is held by the
4218	4218	4 Department of Corrections.
4219	4219	5 (8) (Blank).
4220	4220	6 (8.5) (Blank).
4221	4221	7 (9) (Blank).
4222	4222	8 (10) (Blank).
4223	4223	9 (11) (Blank).
4224	4224	10 (e) Consecutive terms; subsequent non-Illinois term. If an
4225	4225	11 Illinois court has imposed a sentence of imprisonment on a
4226	4226	12 defendant and the defendant is subsequently sentenced to a
4227	4227	13 term of imprisonment by a court of another state or a federal
4228	4228	14 court, then the Illinois sentence shall run consecutively to
4229	4229	15 the sentence imposed by the court of the other state or the
4230	4230	16 federal court. That same Illinois court, however, may order
4231	4231	17 that the Illinois sentence run concurrently with the sentence
4232	4232	18 imposed by the court of the other state or the federal court,
4233	4233	19 but only if the defendant applies to that same Illinois court
4234	4234	20 within 30 days after the sentence imposed by the court of the
4235	4235	21 other state or the federal court is finalized.
4236	4236	22 (f) Consecutive terms; aggregate maximums and minimums.
4237	4237	23 The aggregate maximum and aggregate minimum of consecutive
4238	4238	24 sentences shall be determined as follows:
4239	4239	25 (1) For sentences imposed under law in effect prior to
4240	4240	26 February 1, 1978, the aggregate maximum of consecutive
4241	4241
4242	4242
4243	4243
4244	4244
4245	4245
4246	4246	HB2956 - 118 - LRB103 25548 RLC 51897 b
4247	4247
4248	4248
4249	4249	HB2956- 119 -LRB103 25548 RLC 51897 b HB2956 - 119 - LRB103 25548 RLC 51897 b
4250	4250	HB2956 - 119 - LRB103 25548 RLC 51897 b
4251	4251	1 sentences shall not exceed the maximum term authorized
4252	4252	2 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
4253	4253	3 Chapter V for the 2 most serious felonies involved. The
4254	4254	4 aggregate minimum period of consecutive sentences shall
4255	4255	5 not exceed the highest minimum term authorized under
4256	4256	6 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
4257	4257	7 V for the 2 most serious felonies involved. When sentenced
4258	4258	8 only for misdemeanors, a defendant shall not be
4259	4259	9 consecutively sentenced to more than the maximum for one
4260	4260	10 Class A misdemeanor.
4261	4261	11 (2) For sentences imposed under the law in effect on
4262	4262	12 or after February 1, 1978, the aggregate of consecutive
4263	4263	13 sentences for offenses that were committed as part of a
4264	4264	14 single course of conduct during which there was no
4265	4265	15 substantial change in the nature of the criminal objective
4266	4266	16 shall not exceed the sum of the maximum terms authorized
4267	4267	17 under Article 4.5 of Chapter V for the 2 most serious
4268	4268	18 felonies involved, but no such limitation shall apply for
4269	4269	19 offenses that were not committed as part of a single
4270	4270	20 course of conduct during which there was no substantial
4271	4271	21 change in the nature of the criminal objective. When
4272	4272	22 sentenced only for misdemeanors, a defendant shall not be
4273	4273	23 consecutively sentenced to more than the maximum for one
4274	4274	24 Class A misdemeanor.
4275	4275	25 (g) Consecutive terms; manner served. In determining the
4276	4276	26 manner in which consecutive sentences of imprisonment, one or
4277	4277
4278	4278
4279	4279
4280	4280
4281	4281
4282	4282	HB2956 - 119 - LRB103 25548 RLC 51897 b
4283	4283
4284	4284
4285	4285	HB2956- 120 -LRB103 25548 RLC 51897 b HB2956 - 120 - LRB103 25548 RLC 51897 b
4286	4286	HB2956 - 120 - LRB103 25548 RLC 51897 b
4287	4287	1 more of which is for a felony, will be served, the Department
4288	4288	2 of Corrections shall treat the defendant as though he or she
4289	4289	3 had been committed for a single term subject to each of the
4290	4290	4 following:
4291	4291	5 (1) The maximum period of a term of imprisonment shall
4292	4292	6 consist of the aggregate of the maximums of the imposed
4293	4293	7 indeterminate terms, if any, plus the aggregate of the
4294	4294	8 imposed determinate sentences for felonies, plus the
4295	4295	9 aggregate of the imposed determinate sentences for
4296	4296	10 misdemeanors, subject to subsection (f) of this Section.
4297	4297	11 (2) The parole or mandatory supervised release term
4298	4298	12 shall be as provided in paragraph (e) of Section 5-4.5-50
4299	4299	13 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
4300	4300	14 involved.
4301	4301	15 (3) The minimum period of imprisonment shall be the
4302	4302	16 aggregate of the minimum and determinate periods of
4303	4303	17 imprisonment imposed by the court, subject to subsection
4304	4304	18 (f) of this Section.
4305	4305	19 (4) The defendant shall be awarded credit against the
4306	4306	20 aggregate maximum term and the aggregate minimum term of
4307	4307	21 imprisonment for all time served in an institution since
4308	4308	22 the commission of the offense or offenses and as a
4309	4309	23 consequence thereof at the rate specified in Section 3-6-3
4310	4310	24 (730 ILCS 5/3-6-3).
4311	4311	25 (h) Notwithstanding any other provisions of this Section,
4312	4312	26 all sentences imposed by an Illinois court under this Code
4313	4313
4314	4314
4315	4315
4316	4316
4317	4317
4318	4318	HB2956 - 120 - LRB103 25548 RLC 51897 b
4319	4319
4320	4320
4321	4321	HB2956- 121 -LRB103 25548 RLC 51897 b HB2956 - 121 - LRB103 25548 RLC 51897 b
4322	4322	HB2956 - 121 - LRB103 25548 RLC 51897 b
4323	4323	1 shall run concurrent to any and all sentences imposed under
4324	4324	2 the Juvenile Court Act of 1987.
4325	4325	3 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
4326	4326	4 102-1104, eff. 12-6-22.)
4327	4327	5 Section 995. No acceleration or delay. Where this Act
4328	4328	6 makes changes in a statute that is represented in this Act by
4329	4329	7 text that is not yet or no longer in effect (for example, a
4330	4330	8 Section represented by multiple versions), the use of that
4331	4331	9 text does not accelerate or delay the taking effect of (i) the
4332	4332	10 changes made by this Act or (ii) provisions derived from any
4333	4333	11 other Public Act.
4334	4334	12 Section 999. Effective date. This Section and Sections 95
4335	4335	13 and 100 take effect upon becoming law.
4336	4336	HB2956- 122 -LRB103 25548 RLC 51897 b 1 INDEX 2 Statutes amended in order of appearance HB2956- 122 -LRB103 25548 RLC 51897 b HB2956 - 122 - LRB103 25548 RLC 51897 b 1 INDEX 2 Statutes amended in order of appearance
4337	4337	HB2956- 122 -LRB103 25548 RLC 51897 b HB2956 - 122 - LRB103 25548 RLC 51897 b
4338	4338	HB2956 - 122 - LRB103 25548 RLC 51897 b
4339	4339	1 INDEX
4340	4340	2 Statutes amended in order of appearance
4341	4341
4342	4342
4343	4343
4344	4344
4345	4345
4346	4346	HB2956 - 121 - LRB103 25548 RLC 51897 b
4347	4347
4348	4348
4349	4349
4350	4350	HB2956- 122 -LRB103 25548 RLC 51897 b HB2956 - 122 - LRB103 25548 RLC 51897 b
4351	4351	HB2956 - 122 - LRB103 25548 RLC 51897 b
4352	4352	1 INDEX
4353	4353	2 Statutes amended in order of appearance
4354	4354
4355	4355
4356	4356
4357	4357
4358	4358
4359	4359	HB2956 - 122 - LRB103 25548 RLC 51897 b