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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2956 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
See Index 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.
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A BILL FOR
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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Firearm Crime Charging and Sentencing Accountability and
6 Transparency Act.
7 Section 5. Plea agreement; State's Attorney. In a criminal
8 case, if a defendant is charged with an offense involving the
9 illegal use or possession of a firearm and subsequently enters
10 into a plea agreement in which in the charge will be reduced to
11 a lesser offense or a non-weapons offense in exchange for a
12 plea of guilty, at or before the time of sentencing, the
13 State's Attorney shall file with the court a written statement
14 of his or her reasons in support of the plea agreement, which
15 shall specifically state why the offense or offenses of
16 conviction resulting from the plea agreement do not include
17 the originally charged weapons offense. The written statement
18 shall be part of the court record in the case and a copy shall
19 be provided to any person upon request.
20 Section 10. Sentencing; judge. In a criminal case in which
21 the original charge is or was for an offense involving the
22 illegal use or possession of a firearm, if a defendant pleads
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2956 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
See Index 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.
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A BILL FOR
See Index
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1 guilty or is found guilty of the original charge or lesser
2 offense or a non-weapons offense, in imposing sentence, the
3 judge shall set forth in a written sentencing order his or her
4 reasons for imposing the sentence or accepting the plea
5 agreement. A copy of the written sentencing order shall be
6 provided to any person upon request.
7 Section 90. The Illinois Criminal Justice Information Act
8 is amended by adding Section 7.11 as follows:
9 (20 ILCS 3930/7.11 new)
10 Sec. 7.11. Crimes concerning the use of a firearm.
11 (a) The Authority shall perform an analysis of criminal
12 justice data to track crimes concerning the use of a firearm as
13 it relates to those criminal acts committed by a convicted
14 felon and the sentences imposed. The analysis shall track
15 crimes concerning the use of a firearm over the past 5 years
16 prior to the effective date of this amendatory Act of the 103rd
17 General Assembly. The Authority shall report, on or before
18 January 1, 2026, the following information in a report to the
19 General Assembly:
20 (1) the number of the people who were arrested for a
21 firearm crime and how many of those people were convicted
22 felons; and
23 (2) the disposition of those cases.
24 (b) This Section is repealed January 1, 2027.
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1 Section 95. The Illinois Police Training Act is amended
2 by changing Section 10.22 as follows:
3 (50 ILCS 705/10.22)
4 Sec. 10.22. School resource officers.
5 (a) The Board shall develop or approve a course for school
6 resource officers as defined in Section 10-20.68 of the School
7 Code.
8 (b) The school resource officer course shall be developed
9 within one year after January 1, 2019 (the effective date of
10 Public Act 100-984) and shall be created in consultation with
11 organizations demonstrating expertise and or experience in the
12 areas of youth and adolescent developmental issues,
13 educational administrative issues, prevention of child abuse
14 and exploitation, youth mental health treatment, and juvenile
15 advocacy.
16 (c) The Board shall develop a process allowing law
17 enforcement agencies to request a waiver of this training
18 requirement for any specific individual assigned as a school
19 resource officer. Applications for these waivers may be
20 submitted by a local law enforcement agency chief
21 administrator for any officer whose prior training and
22 experience may qualify for a waiver of the training
23 requirement of this subsection (c). The Board may issue a
24 waiver at its discretion, based solely on the prior training
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1 and experience of an officer.
2 (d) Upon completion, the employing agency shall be issued
3 a certificate attesting to a specific officer's completion of
4 the school resource officer training. Additionally, a letter
5 of approval shall be issued to the employing agency for any
6 officer who is approved for a training waiver under this
7 subsection (d).
8 (e) The Board may offer the school resource officer course
9 developed under this Section to a qualified retired law
10 enforcement officer, as defined under the federal Law
11 Enforcement Officers Safety Act of 2004, for the purpose of
12 employment at a school or school district and may issue, for
13 such purpose, a certificate or waiver in the same manner as
14 provided under this Section for any other officer.
15 (f) Notwithstanding any other provision of law to the
16 contrary, nothing in this Section prohibits a school resource
17 officer or qualified retired law enforcement officer from
18 carrying a firearm.
19 (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
20 102-694, eff. 1-7-22.)
21 Section 100. The School Code is amended by changing
22 Section 10-20.68 as follows:
23 (105 ILCS 5/10-20.68)
24 Sec. 10-20.68. School resource officer.
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1 (a) In this Section, "school resource officer" means a law
2 enforcement officer who has been primarily assigned to a
3 school or school district under an agreement with a local law
4 enforcement agency.
5 (b) Beginning January 1, 2021, any law enforcement agency
6 that provides a school resource officer under this Section
7 shall provide to the school district a certificate of
8 completion, or approved waiver, issued by the Illinois Law
9 Enforcement Training Standards Board under Section 10.22 of
10 the Illinois Police Training Act indicating that the subject
11 officer has completed the requisite course of instruction in
12 the applicable subject areas within one year of assignment, or
13 has prior experience and training which satisfies this
14 requirement.
15 (c) In an effort to defray the related costs, any law
16 enforcement agency that provides a school resource officer
17 should apply for grant funding through the federal Community
18 Oriented Policing Services grant program.
19 (d) Beginning January 1, 2023, a school or school district
20 may employ a qualified retired law enforcement officer, as
21 defined under the federal Law Enforcement Officers Safety Act
22 of 2004, who obtains a certificate of completion or approved
23 waiver under Section 10.22 of the Illinois Police Training Act
24 to carry out the duties of a school resource officer.
25 (e) Notwithstanding any other provision of law to the
26 contrary, nothing in this Section prohibits a school resource
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1 officer or qualified retired law enforcement officer from
2 carrying a firearm.
3 (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
4 Section 105. The Juvenile Court Act of 1987 is amended by
5 changing Sections 5-130, 5-410, and 5-750 as follows:
6 (705 ILCS 405/5-130)
7 Sec. 5-130. Excluded jurisdiction.
8 (1)(a) The definition of delinquent minor under Section
9 5-120 of this Article shall not apply to any minor who at the
10 time of an offense was at least 16 years of age and who is
11 charged with: (i) first degree murder, (ii) aggravated
12 criminal sexual assault, or (iii) aggravated battery with a
13 firearm as described in Section 12-4.2 or subdivision (e)(1),
14 (e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor
15 personally discharged a firearm as defined in Section 2-15.5
16 of the Criminal Code of 1961 or the Criminal Code of 2012, (iv)
17 aggravated vehicular hijacking under paragraph (4), (5), or
18 (6) of subsection (a) of Section 18-4 of the Criminal Code of
19 2012, or (v) armed robbery under paragraph (2), (3), or (4) of
20 subsection (a) of Section 18-2 of the Criminal Code of 2012.
21 These charges and all other charges arising out of the
22 same incident shall be prosecuted under the criminal laws of
23 this State.
24 (b)(i) If before trial or plea an information or
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1 indictment is filed that does not charge an offense specified
2 in paragraph (a) of this subsection (1) the State's Attorney
3 may proceed on any lesser charge or charges, but only in
4 Juvenile Court under the provisions of this Article. The
5 State's Attorney may proceed on a lesser charge if before
6 trial the minor defendant knowingly and with advice of counsel
7 waives, in writing, his or her right to have the matter proceed
8 in Juvenile Court.
9 (ii) If before trial or plea an information or indictment
10 is filed that includes one or more charges specified in
11 paragraph (a) of this subsection (1) and additional charges
12 that are not specified in that paragraph, all of the charges
13 arising out of the same incident shall be prosecuted under the
14 Criminal Code of 1961 or the Criminal Code of 2012.
15 (c)(i) If after trial or plea the minor is convicted of any
16 offense covered by paragraph (a) of this subsection (1), then,
17 in sentencing the minor, the court shall sentence the minor
18 under Section 5-4.5-105 of the Unified Code of Corrections.
19 (ii) If after trial or plea the court finds that the minor
20 committed an offense not covered by paragraph (a) of this
21 subsection (1), that finding shall not invalidate the verdict
22 or the prosecution of the minor under the criminal laws of the
23 State; however, unless the State requests a hearing for the
24 purpose of sentencing the minor under Chapter V of the Unified
25 Code of Corrections, the Court must proceed under Sections
26 5-705 and 5-710 of this Article. To request a hearing, the
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1 State must file a written motion within 10 days following the
2 entry of a finding or the return of a verdict. Reasonable
3 notice of the motion shall be given to the minor or his or her
4 counsel. If the motion is made by the State, the court shall
5 conduct a hearing to determine if the minor should be
6 sentenced under Chapter V of the Unified Code of Corrections.
7 In making its determination, the court shall consider among
8 other matters: (a) whether there is evidence that the offense
9 was committed in an aggressive and premeditated manner; (b)
10 the age of the minor; (c) the previous history of the minor;
11 (d) whether there are facilities particularly available to the
12 Juvenile Court or the Department of Juvenile Justice for the
13 treatment and rehabilitation of the minor; (e) whether the
14 security of the public requires sentencing under Chapter V of
15 the Unified Code of Corrections; and (f) whether the minor
16 possessed a deadly weapon when committing the offense. The
17 rules of evidence shall be the same as if at trial. If after
18 the hearing the court finds that the minor should be sentenced
19 under Chapter V of the Unified Code of Corrections, then the
20 court shall sentence the minor under Section 5-4.5-105 of the
21 Unified Code of Corrections.
22 (2) (Blank).
23 (3) (Blank).
24 (4) (Blank).
25 (5) (Blank).
26 (6) (Blank).
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1 (7) The procedures set out in this Article for the
2 investigation, arrest and prosecution of juvenile offenders
3 shall not apply to minors who are excluded from jurisdiction
4 of the Juvenile Court, except that minors under 18 years of age
5 shall be kept separate from confined adults.
6 (8) Nothing in this Act prohibits or limits the
7 prosecution of any minor for an offense committed on or after
8 his or her 18th birthday even though he or she is at the time
9 of the offense a ward of the court.
10 (9) If an original petition for adjudication of wardship
11 alleges the commission by a minor 13 years of age or over of an
12 act that constitutes a crime under the laws of this State, the
13 minor, with the consent of his or her counsel, may, at any time
14 before commencement of the adjudicatory hearing, file with the
15 court a motion that criminal prosecution be ordered and that
16 the petition be dismissed insofar as the act or acts involved
17 in the criminal proceedings are concerned. If such a motion is
18 filed as herein provided, the court shall enter its order
19 accordingly.
20 (10) If, prior to August 12, 2005 (the effective date of
21 Public Act 94-574), a minor is charged with a violation of
22 Section 401 of the Illinois Controlled Substances Act under
23 the criminal laws of this State, other than a minor charged
24 with a Class X felony violation of the Illinois Controlled
25 Substances Act or the Methamphetamine Control and Community
26 Protection Act, any party including the minor or the court sua
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1 sponte may, before trial, move for a hearing for the purpose of
2 trying and sentencing the minor as a delinquent minor. To
3 request a hearing, the party must file a motion prior to trial.
4 Reasonable notice of the motion shall be given to all parties.
5 On its own motion or upon the filing of a motion by one of the
6 parties including the minor, the court shall conduct a hearing
7 to determine whether the minor should be tried and sentenced
8 as a delinquent minor under this Article. In making its
9 determination, the court shall consider among other matters:
10 (a) The age of the minor;
11 (b) Any previous delinquent or criminal history of the
12 minor;
13 (c) Any previous abuse or neglect history of the
14 minor;
15 (d) Any mental health or educational history of the
16 minor, or both; and
17 (e) Whether there is probable cause to support the
18 charge, whether the minor is charged through
19 accountability, and whether there is evidence the minor
20 possessed a deadly weapon or caused serious bodily harm
21 during the offense.
22 Any material that is relevant and reliable shall be
23 admissible at the hearing. In all cases, the judge shall enter
24 an order permitting prosecution under the criminal laws of
25 Illinois unless the judge makes a finding based on a
26 preponderance of the evidence that the minor would be amenable
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1 to the care, treatment, and training programs available
2 through the facilities of the juvenile court based on an
3 evaluation of the factors listed in this subsection (10).
4 (11) The changes made to this Section by Public Act 98-61
5 apply to a minor who has been arrested or taken into custody on
6 or after January 1, 2014 (the effective date of Public Act
7 98-61).
8 (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
9 99-258, eff. 1-1-16.)
10 (705 ILCS 405/5-410)
11 Sec. 5-410. Non-secure custody or detention.
12 (1) Any minor arrested or taken into custody pursuant to
13 this Act who requires care away from his or her home but who
14 does not require physical restriction shall be given temporary
15 care in a foster family home or other shelter facility
16 designated by the court.
17 (2) (a) Any minor 10 years of age or older arrested
18 pursuant to this Act where there is probable cause to believe
19 that the minor is a delinquent minor and that (i) secure
20 custody is a matter of immediate and urgent necessity for the
21 protection of the minor or of the person or property of
22 another, (ii) the minor is likely to flee the jurisdiction of
23 the court, or (iii) the minor was taken into custody under a
24 warrant, may be kept or detained in an authorized detention
25 facility. A minor under 13 years of age shall not be admitted,
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1 kept, or detained in a detention facility unless a local youth
2 service provider, including a provider through the
3 Comprehensive Community Based Youth Services network, has been
4 contacted and has not been able to accept the minor. No minor
5 under 12 years of age shall be detained in a county jail or a
6 municipal lockup for more than 6 hours.
7 (a-5) For a minor arrested or taken into custody for
8 vehicular hijacking or aggravated vehicular hijacking, a
9 previous finding of delinquency for vehicular hijacking or
10 aggravated vehicular hijacking shall be given greater weight
11 in determining whether secured custody of a minor is a matter
12 of immediate and urgent necessity for the protection of the
13 minor or of the person or property of another.
14 (b) The written authorization of the probation officer or
15 detention officer (or other public officer designated by the
16 court in a county having 3,000,000 or more inhabitants)
17 constitutes authority for the superintendent of any juvenile
18 detention home to detain and keep a minor for up to 40 hours,
19 excluding Saturdays, Sundays, and court-designated holidays.
20 These records shall be available to the same persons and
21 pursuant to the same conditions as are law enforcement records
22 as provided in Section 5-905.
23 (b-4) The consultation required by paragraph (b-5) shall
24 not be applicable if the probation officer or detention
25 officer (or other public officer designated by the court in a
26 county having 3,000,000 or more inhabitants) utilizes a
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1 scorable detention screening instrument, which has been
2 developed with input by the State's Attorney, to determine
3 whether a minor should be detained, however, paragraph (b-5)
4 shall still be applicable where no such screening instrument
5 is used or where the probation officer, detention officer (or
6 other public officer designated by the court in a county
7 having 3,000,000 or more inhabitants) deviates from the
8 screening instrument.
9 (b-5) Subject to the provisions of paragraph (b-4), if a
10 probation officer or detention officer (or other public
11 officer designated by the court in a county having 3,000,000
12 or more inhabitants) does not intend to detain a minor for an
13 offense which constitutes one of the following offenses he or
14 she shall consult with the State's Attorney's Office prior to
15 the release of the minor: first degree murder, second degree
16 murder, involuntary manslaughter, criminal sexual assault,
17 aggravated criminal sexual assault, aggravated battery with a
18 firearm as described in Section 12-4.2 or subdivision (e)(1),
19 (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
20 heinous battery involving permanent disability or
21 disfigurement or great bodily harm, robbery, aggravated
22 robbery, armed robbery, vehicular hijacking, aggravated
23 vehicular hijacking, vehicular invasion, arson, aggravated
24 arson, kidnapping, aggravated kidnapping, home invasion,
25 burglary, or residential burglary. Any minor 10 years of age
26 or older arrested or taken into custody under this Act for
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1 vehicular hijacking or aggravated vehicular hijacking shall be
2 detained in an authorized detention facility until a detention
3 or shelter care hearing is held to determine if there is
4 probable cause to believe that the minor is a delinquent minor
5 and that: (1) secure custody is a matter of immediate and
6 urgent necessity for the protection of the minor or of the
7 person or property of another; (2) the minor is likely to flee
8 the jurisdiction of the court; or (3) the minor was taken into
9 custody under a warrant. If the court makes that
10 determination, the minor shall continue to be held until the
11 disposition of an adjudicatory hearing under this Article.
12 (c) Except as otherwise provided in paragraph (a), (d), or
13 (e), no minor shall be detained in a county jail or municipal
14 lockup for more than 12 hours, unless the offense is a crime of
15 violence in which case the minor may be detained up to 24
16 hours. For the purpose of this paragraph, "crime of violence"
17 has the meaning ascribed to it in Section 1-10 of the
18 Alcoholism and Other Drug Abuse and Dependency Act.
19 (i) The period of detention is deemed to have begun
20 once the minor has been placed in a locked room or cell or
21 handcuffed to a stationary object in a building housing a
22 county jail or municipal lockup. Time spent transporting a
23 minor is not considered to be time in detention or secure
24 custody.
25 (ii) Any minor so confined shall be under periodic
26 supervision and shall not be permitted to come into or
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1 remain in contact with adults in custody in the building.
2 (iii) Upon placement in secure custody in a jail or
3 lockup, the minor shall be informed of the purpose of the
4 detention, the time it is expected to last and the fact
5 that it cannot exceed the time specified under this Act.
6 (iv) A log shall be kept which shows the offense which
7 is the basis for the detention, the reasons and
8 circumstances for the decision to detain, and the length
9 of time the minor was in detention.
10 (v) Violation of the time limit on detention in a
11 county jail or municipal lockup shall not, in and of
12 itself, render inadmissible evidence obtained as a result
13 of the violation of this time limit. Minors under 18 years
14 of age shall be kept separate from confined adults and may
15 not at any time be kept in the same cell, room, or yard
16 with adults confined pursuant to criminal law. Persons 18
17 years of age and older who have a petition of delinquency
18 filed against them may be confined in an adult detention
19 facility. In making a determination whether to confine a
20 person 18 years of age or older who has a petition of
21 delinquency filed against the person, these factors, among
22 other matters, shall be considered:
23 (A) the age of the person;
24 (B) any previous delinquent or criminal history of
25 the person;
26 (C) any previous abuse or neglect history of the
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1 person; and
2 (D) any mental health or educational history of
3 the person, or both.
4 (d) (i) If a minor 12 years of age or older is confined in
5 a county jail in a county with a population below 3,000,000
6 inhabitants, then the minor's confinement shall be implemented
7 in such a manner that there will be no contact by sight, sound,
8 or otherwise between the minor and adult prisoners. Minors 12
9 years of age or older must be kept separate from confined
10 adults and may not at any time be kept in the same cell, room,
11 or yard with confined adults. This paragraph (d)(i) shall only
12 apply to confinement pending an adjudicatory hearing and shall
13 not exceed 40 hours, excluding Saturdays, Sundays, and
14 court-designated holidays. To accept or hold minors during
15 this time period, county jails shall comply with all
16 monitoring standards adopted by the Department of Corrections
17 and training standards approved by the Illinois Law
18 Enforcement Training Standards Board.
19 (ii) To accept or hold minors, 12 years of age or older,
20 after the time period prescribed in paragraph (d)(i) of this
21 subsection (2) of this Section but not exceeding 7 days
22 including Saturdays, Sundays, and holidays pending an
23 adjudicatory hearing, county jails shall comply with all
24 temporary detention standards adopted by the Department of
25 Corrections and training standards approved by the Illinois
26 Law Enforcement Training Standards Board.
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1 (iii) To accept or hold minors 12 years of age or older,
2 after the time period prescribed in paragraphs (d)(i) and
3 (d)(ii) of this subsection (2) of this Section, county jails
4 shall comply with all county juvenile detention standards
5 adopted by the Department of Juvenile Justice.
6 (e) When a minor who is at least 15 years of age is
7 prosecuted under the criminal laws of this State, the court
8 may enter an order directing that the juvenile be confined in
9 the county jail. However, any juvenile confined in the county
10 jail under this provision shall be separated from adults who
11 are confined in the county jail in such a manner that there
12 will be no contact by sight, sound or otherwise between the
13 juvenile and adult prisoners.
14 (f) For purposes of appearing in a physical lineup, the
15 minor may be taken to a county jail or municipal lockup under
16 the direct and constant supervision of a juvenile police
17 officer. During such time as is necessary to conduct a lineup,
18 and while supervised by a juvenile police officer, the sight
19 and sound separation provisions shall not apply.
20 (g) For purposes of processing a minor, the minor may be
21 taken to a county jail or municipal lockup under the direct and
22 constant supervision of a law enforcement officer or
23 correctional officer. During such time as is necessary to
24 process the minor, and while supervised by a law enforcement
25 officer or correctional officer, the sight and sound
26 separation provisions shall not apply.
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1 (3) If the probation officer or State's Attorney (or such
2 other public officer designated by the court in a county
3 having 3,000,000 or more inhabitants) determines that the
4 minor may be a delinquent minor as described in subsection (3)
5 of Section 5-105, and should be retained in custody but does
6 not require physical restriction, the minor may be placed in
7 non-secure custody for up to 40 hours pending a detention
8 hearing.
9 (4) Any minor taken into temporary custody, not requiring
10 secure detention, may, however, be detained in the home of his
11 or her parent or guardian subject to such conditions as the
12 court may impose.
13 (5) The changes made to this Section by Public Act 98-61
14 apply to a minor who has been arrested or taken into custody on
15 or after January 1, 2014 (the effective date of Public Act
16 98-61).
17 (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
18 (705 ILCS 405/5-750)
19 Sec. 5-750. Commitment to the Department of Juvenile
20 Justice.
21 (1) Except as provided in subsection (2) of this Section,
22 when any delinquent has been adjudged a ward of the court under
23 this Act, the court may commit him or her to the Department of
24 Juvenile Justice, if it finds that (a) his or her parents,
25 guardian or legal custodian are unfit or are unable, for some
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1 reason other than financial circumstances alone, to care for,
2 protect, train or discipline the minor, or are unwilling to do
3 so, and the best interests of the minor and the public will not
4 be served by placement under Section 5-740, or it is necessary
5 to ensure the protection of the public from the consequences
6 of criminal activity of the delinquent; and (b) commitment to
7 the Department of Juvenile Justice is the least restrictive
8 alternative based on evidence that efforts were made to locate
9 less restrictive alternatives to secure confinement and the
10 reasons why efforts were unsuccessful in locating a less
11 restrictive alternative to secure confinement. Before the
12 court commits a minor to the Department of Juvenile Justice,
13 it shall make a finding that secure confinement is necessary,
14 following a review of the following individualized factors:
15 (A) Age of the minor.
16 (B) Criminal background of the minor.
17 (C) Review of results of any assessments of the minor,
18 including child centered assessments such as the CANS.
19 (D) Educational background of the minor, indicating
20 whether the minor has ever been assessed for a learning
21 disability, and if so what services were provided as well
22 as any disciplinary incidents at school.
23 (E) Physical, mental and emotional health of the
24 minor, indicating whether the minor has ever been
25 diagnosed with a health issue and if so what services were
26 provided and whether the minor was compliant with
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1 services.
2 (F) Community based services that have been provided
3 to the minor, and whether the minor was compliant with the
4 services, and the reason the services were unsuccessful.
5 (G) Services within the Department of Juvenile Justice
6 that will meet the individualized needs of the minor.
7 (1.5) Before the court commits a minor to the Department
8 of Juvenile Justice, the court must find reasonable efforts
9 have been made to prevent or eliminate the need for the minor
10 to be removed from the home, or reasonable efforts cannot, at
11 this time, for good cause, prevent or eliminate the need for
12 removal, and removal from home is in the best interests of the
13 minor, the minor's family, and the public.
14 (2) When a minor of the age of at least 13 years is
15 adjudged delinquent for the offense of: (i) first degree
16 murder; (ii) attempted first degree murder; or (iii) any
17 offense involving the use or discharge of a firearm upon
18 school grounds or any part of a building or grounds used for
19 school purposes, including any conveyance owned, leased, or
20 contracted by a school to transport students to or from school
21 or a school related activity that results in bodily injury or
22 death to any person, the court shall declare the minor a ward
23 of the court and order the minor committed to the Department of
24 Juvenile Justice until the minor's 21st birthday, without the
25 possibility of aftercare release, furlough, or non-emergency
26 authorized absence for a period of 5 years from the date the
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1 minor was committed to the Department of Juvenile Justice,
2 except that the time that a minor spent in custody for the
3 instant offense before being committed to the Department of
4 Juvenile Justice shall be considered as time credited towards
5 that 5 year period. Upon release from a Department facility, a
6 minor adjudged delinquent for first degree murder shall be
7 placed on aftercare release until the age of 21, unless sooner
8 discharged from aftercare release or custodianship is
9 otherwise terminated in accordance with this Act or as
10 otherwise provided for by law. Nothing in this subsection (2)
11 shall preclude the State's Attorney from seeking to prosecute
12 a minor as an adult as an alternative to proceeding under this
13 Act.
14 (3) Except as provided in subsection (2), the commitment
15 of a delinquent to the Department of Juvenile Justice shall be
16 for an indeterminate term which shall automatically terminate
17 upon the delinquent attaining the age of 21 years or upon
18 completion of that period for which an adult could be
19 committed for the same act, whichever occurs sooner, unless
20 the delinquent is sooner discharged from aftercare release or
21 custodianship is otherwise terminated in accordance with this
22 Act or as otherwise provided for by law.
23 (3.5) Every delinquent minor committed to the Department
24 of Juvenile Justice under this Act shall be eligible for
25 aftercare release without regard to the length of time the
26 minor has been confined or whether the minor has served any
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1 minimum term imposed. Aftercare release shall be administered
2 by the Department of Juvenile Justice, under the direction of
3 the Director. Unless sooner discharged, the Department of
4 Juvenile Justice shall discharge a minor from aftercare
5 release upon completion of the following aftercare release
6 terms:
7 (a) One and a half years from the date a minor is
8 released from a Department facility, if the minor was
9 committed for a Class X felony;
10 (b) One year from the date a minor is released from a
11 Department facility, if the minor was committed for a
12 Class 1 or 2 felony; and
13 (c) Six months from the date a minor is released from a
14 Department facility, if the minor was committed for a
15 Class 3 felony or lesser offense.
16 (4) When the court commits a minor to the Department of
17 Juvenile Justice, it shall order him or her conveyed forthwith
18 to the appropriate reception station or other place designated
19 by the Department of Juvenile Justice, and shall appoint the
20 Director of Juvenile Justice legal custodian of the minor. The
21 clerk of the court shall issue to the Director of Juvenile
22 Justice a certified copy of the order, which constitutes proof
23 of the Director's authority. No other process need issue to
24 warrant the keeping of the minor.
25 (5) If a minor is committed to the Department of Juvenile
26 Justice, the clerk of the court shall forward to the
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1 Department:
2 (a) the sentencing order and copies of committing
3 petition;
4 (b) all reports;
5 (c) the court's statement of the basis for ordering
6 the disposition;
7 (d) any sex offender evaluations;
8 (e) any risk assessment or substance abuse treatment
9 eligibility screening and assessment of the minor by an
10 agent designated by the State to provide assessment
11 services for the courts;
12 (f) the number of days, if any, which the minor has
13 been in custody and for which he or she is entitled to
14 credit against the sentence, which information shall be
15 provided to the clerk by the sheriff;
16 (g) any medical or mental health records or summaries
17 of the minor;
18 (h) the municipality where the arrest of the minor
19 occurred, the commission of the offense occurred, and the
20 minor resided at the time of commission;
21 (h-5) a report detailing the minor's criminal history
22 in a manner and form prescribed by the Department of
23 Juvenile Justice;
24 (i) all additional matters which the court directs the
25 clerk to transmit; and
26 (j) all police reports for sex offenses as defined by
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1 the Sex Offender Management Board Act.
2 (6) Whenever the Department of Juvenile Justice lawfully
3 discharges from its custody and control a minor committed to
4 it, the Director of Juvenile Justice shall petition the court
5 for an order terminating his or her custodianship. The
6 custodianship shall terminate automatically 30 days after
7 receipt of the petition unless the court orders otherwise.
8 (7) If, while on aftercare release, a minor committed to
9 the Department of Juvenile Justice who resides in this State
10 is charged under the criminal laws of this State, the criminal
11 laws of any other state, or federal law with an offense that
12 could result in a sentence of imprisonment within the
13 Department of Corrections, the penal system of any state, or
14 the federal Bureau of Prisons, the commitment to the
15 Department of Juvenile Justice and all rights and duties
16 created by that commitment are automatically suspended pending
17 final disposition of the criminal charge. If the minor is
18 found guilty of the criminal charge and sentenced to a term of
19 imprisonment in the penitentiary system of the Department of
20 Corrections, the penal system of any state, or the federal
21 Bureau of Prisons, the commitment to the Department of
22 Juvenile Justice shall be automatically terminated. If the
23 criminal charge is dismissed, the minor is found not guilty,
24 or the minor completes a criminal sentence other than
25 imprisonment within the Department of Corrections, the penal
26 system of any state, or the federal Bureau of Prisons, the
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1 previously imposed commitment to the Department of Juvenile
2 Justice and the full aftercare release term shall be
3 automatically reinstated unless custodianship is sooner
4 terminated. Nothing in this subsection (7) shall preclude the
5 court from ordering another sentence under Section 5-710 of
6 this Act or from terminating the Department's custodianship
7 while the commitment to the Department is suspended.
8 (Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
9 Section 110. The Criminal Code of 2012 is amended by
10 changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, 24-3, and
11 24-3.7 as follows:
12 (720 ILCS 5/18-4)
13 Sec. 18-4. Aggravated vehicular hijacking.
14 (a) A person commits aggravated vehicular hijacking when
15 he or she violates Section 18-3; and
16 (1) the person from whose immediate presence the motor
17 vehicle is taken is a person with a physical disability or
18 a person 60 years of age or over; or
19 (2) a person under 16 years of age is a passenger in
20 the motor vehicle at the time of the offense; or
21 (3) he or she carries on or about his or her person, or
22 is otherwise armed with a dangerous weapon, other than a
23 firearm; or
24 (4) he or she carries on or about his or her person or
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1 is otherwise armed with a firearm; or
2 (5) he or she, during the commission of the offense,
3 personally discharges a firearm; or
4 (6) he or she, during the commission of the offense,
5 personally discharges a firearm that proximately causes
6 great bodily harm, permanent disability, permanent
7 disfigurement, or death to another person.
8 (b) Sentence. Aggravated vehicular hijacking is a Class X
9 felony for a first offense for which a term of imprisonment of
10 not less than 10 years and not more than 60 years shall be
11 imposed. A second or subsequent offense is a Class X felony for
12 which a term of natural life imprisonment shall be imposed in
13 violation of subsections (a)(1) or (a)(2) is a Class X felony.
14 A violation of subsection (a)(3) is a Class X felony for which
15 a term of imprisonment of not less than 7 years shall be
16 imposed. A violation of subsection (a)(4) is a Class X felony
17 for which 15 years shall be added to the term of imprisonment
18 imposed by the court. A violation of subsection (a)(5) is a
19 Class X felony for which 20 years shall be added to the term of
20 imprisonment imposed by the court. A violation of subsection
21 (a)(6) is a Class X felony for which 25 years or up to a term
22 of natural life shall be added to the term of imprisonment
23 imposed by the court.
24 (Source: P.A. 99-143, eff. 7-27-15.)
25 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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1 Sec. 24-1.1. Unlawful use or possession of weapons by
2 felons or persons in the custody of the Department of
3 Corrections facilities.
4 (a) It is unlawful for a person to knowingly possess on or
5 about his person or on his land or in his own abode or fixed
6 place of business any weapon prohibited under Section 24-1 of
7 this Act or any firearm or any firearm ammunition if the person
8 has been convicted of a felony under the laws of this State or
9 any other jurisdiction. This Section shall not apply if the
10 person has been granted relief by the Director of the Illinois
11 State Police under Section 10 of the Firearm Owners
12 Identification Card Act.
13 (b) It is unlawful for any person confined in a penal
14 institution, which is a facility of the Illinois Department of
15 Corrections, to possess any weapon prohibited under Section
16 24-1 of this Code or any firearm or firearm ammunition,
17 regardless of the intent with which he possesses it.
18 (c) It shall be an affirmative defense to a violation of
19 subsection (b), that such possession was specifically
20 authorized by rule, regulation, or directive of the Illinois
21 Department of Corrections or order issued pursuant thereto.
22 (d) The defense of necessity is not available to a person
23 who is charged with a violation of subsection (b) of this
24 Section.
25 (e) Sentence. Violation of this Section is a Class X
26 felony for a first offense for which a term of imprisonment of
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1 not less than 10 years shall be imposed. A second or subsequent
2 offense is a Class X felony for which a term of natural life
3 imprisonment shall be imposed by a person not confined in a
4 penal institution shall be a Class 3 felony for which the
5 person shall be sentenced to no less than 2 years and no more
6 than 10 years. A second or subsequent violation of this
7 Section shall be a Class 2 felony for which the person shall be
8 sentenced to a term of imprisonment of not less than 3 years
9 and not more than 14 years, except as provided for in Section
10 5-4.5-110 of the Unified Code of Corrections. Violation of
11 this Section by a person not confined in a penal institution
12 who has been convicted of a forcible felony, a felony
13 violation of Article 24 of this Code or of the Firearm Owners
14 Identification Card Act, stalking or aggravated stalking, or a
15 Class 2 or greater felony under the Illinois Controlled
16 Substances Act, the Cannabis Control Act, or the
17 Methamphetamine Control and Community Protection Act is a
18 Class 2 felony for which the person shall be sentenced to not
19 less than 3 years and not more than 14 years, except as
20 provided for in Section 5-4.5-110 of the Unified Code of
21 Corrections. Violation of this Section by a person who is on
22 parole or mandatory supervised release is a Class 2 felony for
23 which the person shall be sentenced to not less than 3 years
24 and not more than 14 years, except as provided for in Section
25 5-4.5-110 of the Unified Code of Corrections. Violation of
26 this Section by a person not confined in a penal institution is
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1 a Class X felony when the firearm possessed is a machine gun.
2 Any person who violates this Section while confined in a penal
3 institution, which is a facility of the Illinois Department of
4 Corrections, is guilty of a Class 1 felony, if he possesses any
5 weapon prohibited under Section 24-1 of this Code regardless
6 of the intent with which he possesses it, a Class X felony if
7 he possesses any firearm, firearm ammunition or explosive, and
8 a Class X felony for which the offender shall be sentenced to
9 not less than 12 years and not more than 50 years when the
10 firearm possessed is a machine gun. A violation of this
11 Section while wearing or in possession of body armor as
12 defined in Section 33F-1 is a Class X felony punishable by a
13 term of imprisonment of not less than 10 years and not more
14 than 40 years. The possession of each firearm or firearm
15 ammunition in violation of this Section constitutes a single
16 and separate violation.
17 (Source: P.A. 102-538, eff. 8-20-21.)
18 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
19 Sec. 24-1.2. Aggravated discharge of a firearm.
20 (a) A person commits aggravated discharge of a firearm
21 when he or she knowingly or intentionally:
22 (1) Discharges a firearm at or into a building he or
23 she knows or reasonably should know to be occupied and the
24 firearm is discharged from a place or position outside
25 that building;
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1 (2) Discharges a firearm in the direction of another
2 person or in the direction of a vehicle he or she knows or
3 reasonably should know to be occupied by a person;
4 (3) Discharges a firearm in the direction of a person
5 he or she knows to be a peace officer, a community policing
6 volunteer, a correctional institution employee, or a
7 fireman while the officer, volunteer, employee or fireman
8 is engaged in the execution of any of his or her official
9 duties, or to prevent the officer, volunteer, employee or
10 fireman from performing his or her official duties, or in
11 retaliation for the officer, volunteer, employee or
12 fireman performing his or her official duties;
13 (4) Discharges a firearm in the direction of a vehicle
14 he or she knows to be occupied by a peace officer, a person
15 summoned or directed by a peace officer, a correctional
16 institution employee or a fireman while the officer,
17 employee or fireman is engaged in the execution of any of
18 his or her official duties, or to prevent the officer,
19 employee or fireman from performing his or her official
20 duties, or in retaliation for the officer, employee or
21 fireman performing his or her official duties;
22 (5) Discharges a firearm in the direction of a person
23 he or she knows to be emergency medical services personnel
24 who is engaged in the execution of any of his or her
25 official duties, or to prevent the emergency medical
26 services personnel from performing his or her official
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1 duties, or in retaliation for the emergency medical
2 services personnel performing his or her official duties;
3 (6) Discharges a firearm in the direction of a vehicle
4 he or she knows to be occupied by emergency medical
5 services personnel while the emergency medical services
6 personnel is engaged in the execution of any of his or her
7 official duties, or to prevent the emergency medical
8 services personnel from performing his or her official
9 duties, or in retaliation for the emergency medical
10 services personnel performing his or her official duties;
11 (7) Discharges a firearm in the direction of a person
12 he or she knows to be a teacher or other person employed in
13 any school and the teacher or other employee is upon the
14 grounds of a school or grounds adjacent to a school, or is
15 in any part of a building used for school purposes;
16 (8) Discharges a firearm in the direction of a person
17 he or she knows to be an emergency management worker while
18 the emergency management worker is engaged in the
19 execution of any of his or her official duties, or to
20 prevent the emergency management worker from performing
21 his or her official duties, or in retaliation for the
22 emergency management worker performing his or her official
23 duties; or
24 (9) Discharges a firearm in the direction of a vehicle
25 he or she knows to be occupied by an emergency management
26 worker while the emergency management worker is engaged in
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1 the execution of any of his or her official duties, or to
2 prevent the emergency management worker from performing
3 his or her official duties, or in retaliation for the
4 emergency management worker performing his or her official
5 duties; .
6 (10) discharges a firearm in the direction of a person
7 he or she knows to be a person under 18 years old;
8 (11) discharges a firearm in the direction of a person
9 he or she knows to be a veteran;
10 (12) discharges a firearm in the direction of a person
11 he or she knows to be 60 years of age or older;
12 (13) discharges a firearm in the direction of a person
13 he or she knows to be pregnant or has a physical
14 disability;
15 (14) discharges a firearm in the direction of a person
16 he or she knows to be gathering for worship;
17 (15) discharges a firearm in the direction of a person
18 he or she knows to be boarding or riding public transit;
19 (16) discharges a firearm in the direction of a person
20 he or she knows to be a student at an institution of higher
21 education;
22 (17) discharges a firearm in the direction of a person
23 who is in a public roadway, a park, public housing, a
24 school, a building under the control of the State or a unit
25 of local government, a church, a hospital, a nursing home,
26 any bus, train, or form of transportation paid for in
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1 whole or in part with public funds, or any building, real
2 property, or parking area under the control of a public
3 transportation facility paid for in whole or in part with
4 public funds; or
5 (18) discharges a firearm during the commission or
6 attempted commission of vehicular hijacking.
7 (b) A violation of subsection (a)(1) or subsection (a)(2)
8 of this Section is a Class 1 felony. A violation of subsection
9 (a)(1) or (a)(2) of this Section committed in a school, on the
10 real property comprising a school, within 1,000 feet of the
11 real property comprising a school, at a school related
12 activity or on or within 1,000 feet of any conveyance owned,
13 leased, or contracted by a school to transport students to or
14 from school or a school related activity, regardless of the
15 time of day or time of year that the offense was committed is a
16 Class X felony. A violation of subsection (a)(3), (a)(4),
17 (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11),
18 (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or
19 (a)(18) of this Section is a Class X felony for which the
20 sentence shall be a term of imprisonment of no less than 10
21 years and not more than 45 years.
22 (c) For purposes of this Section:
23 "Emergency medical services personnel" has the meaning
24 specified in Section 3.5 of the Emergency Medical Services
25 (EMS) Systems Act and shall include all ambulance crew
26 members, including drivers or pilots.
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1 "School" means a public or private elementary or secondary
2 school, community college, college, or university.
3 "School related activity" means any sporting, social,
4 academic, or other activity for which students' attendance or
5 participation is sponsored, organized, or funded in whole or
6 in part by a school or school district.
7 (Source: P.A. 99-816, eff. 8-15-16.)
8 (720 ILCS 5/24-1.7)
9 Sec. 24-1.7. Armed habitual criminal.
10 (a) A person commits the offense of being an armed
11 habitual criminal if he or she receives, sells, possesses, or
12 transfers any firearm after having been convicted a total of 2
13 or more times of any combination of the following offenses:
14 (1) a forcible felony as defined in Section 2-8 of
15 this Code;
16 (2) unlawful use of a weapon by a felon; aggravated
17 unlawful use of a weapon; aggravated discharge of a
18 firearm; vehicular hijacking; aggravated vehicular
19 hijacking; aggravated battery of a child as described in
20 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
21 intimidation; aggravated intimidation; gunrunning; home
22 invasion; or aggravated battery with a firearm as
23 described in Section 12-4.2 or subdivision (e)(1), (e)(2),
24 (e)(3), or (e)(4) of Section 12-3.05; or
25 (3) any violation of the Illinois Controlled
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1 Substances Act or the Cannabis Control Act that is
2 punishable as a Class 3 felony or higher.
3 (b) Sentence. Being an armed habitual criminal is a Class
4 X felony for a first offense for which a term of imprisonment
5 of not less than 10 years and not more than 30 years shall be
6 imposed. A second or subsequent offense is a Class X felony for
7 which a term of natural life imprisonment shall be imposed.
8 (Source: P.A. 96-1551, eff. 7-1-11.)
9 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
10 Sec. 24-3. Unlawful sale or delivery of firearms.
11 (A) A person commits the offense of unlawful sale or
12 delivery of firearms when he or she knowingly does any of the
13 following:
14 (a) Sells or gives any firearm of a size which may be
15 concealed upon the person to any person under 18 years of
16 age.
17 (b) Sells or gives any firearm to a person under 21
18 years of age who has been convicted of a misdemeanor other
19 than a traffic offense or adjudged delinquent.
20 (c) Sells or gives any firearm to any narcotic addict.
21 (d) Sells or gives any firearm to any person who has
22 been convicted of a felony under the laws of this or any
23 other jurisdiction.
24 (e) Sells or gives any firearm to any person who has
25 been a patient in a mental institution within the past 5
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1 years. In this subsection (e):
2 "Mental institution" means any hospital,
3 institution, clinic, evaluation facility, mental
4 health center, or part thereof, which is used
5 primarily for the care or treatment of persons with
6 mental illness.
7 "Patient in a mental institution" means the person
8 was admitted, either voluntarily or involuntarily, to
9 a mental institution for mental health treatment,
10 unless the treatment was voluntary and solely for an
11 alcohol abuse disorder and no other secondary
12 substance abuse disorder or mental illness.
13 (f) Sells or gives any firearms to any person who is a
14 person with an intellectual disability.
15 (g) Delivers any firearm, incidental to a sale,
16 without withholding delivery of the firearm for at least
17 72 hours after application for its purchase has been made,
18 or delivers a stun gun or taser, incidental to a sale,
19 without withholding delivery of the stun gun or taser for
20 at least 24 hours after application for its purchase has
21 been made. However, this paragraph (g) does not apply to:
22 (1) the sale of a firearm to a law enforcement officer if
23 the seller of the firearm knows that the person to whom he
24 or she is selling the firearm is a law enforcement officer
25 or the sale of a firearm to a person who desires to
26 purchase a firearm for use in promoting the public
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1 interest incident to his or her employment as a bank
2 guard, armed truck guard, or other similar employment; (2)
3 a mail order sale of a firearm from a federally licensed
4 firearms dealer to a nonresident of Illinois under which
5 the firearm is mailed to a federally licensed firearms
6 dealer outside the boundaries of Illinois; (3) (blank);
7 (4) the sale of a firearm to a dealer licensed as a federal
8 firearms dealer under Section 923 of the federal Gun
9 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
10 sale of any rifle, shotgun, or other long gun to a resident
11 registered competitor or attendee or non-resident
12 registered competitor or attendee by any dealer licensed
13 as a federal firearms dealer under Section 923 of the
14 federal Gun Control Act of 1968 at competitive shooting
15 events held at the World Shooting Complex sanctioned by a
16 national governing body. For purposes of transfers or
17 sales under subparagraph (5) of this paragraph (g), the
18 Department of Natural Resources shall give notice to the
19 Illinois State Police at least 30 calendar days prior to
20 any competitive shooting events at the World Shooting
21 Complex sanctioned by a national governing body. The
22 notification shall be made on a form prescribed by the
23 Illinois State Police. The sanctioning body shall provide
24 a list of all registered competitors and attendees at
25 least 24 hours before the events to the Illinois State
26 Police. Any changes to the list of registered competitors
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1 and attendees shall be forwarded to the Illinois State
2 Police as soon as practicable. The Illinois State Police
3 must destroy the list of registered competitors and
4 attendees no later than 30 days after the date of the
5 event. Nothing in this paragraph (g) relieves a federally
6 licensed firearm dealer from the requirements of
7 conducting a NICS background check through the Illinois
8 Point of Contact under 18 U.S.C. 922(t). For purposes of
9 this paragraph (g), "application" means when the buyer and
10 seller reach an agreement to purchase a firearm. For
11 purposes of this paragraph (g), "national governing body"
12 means a group of persons who adopt rules and formulate
13 policy on behalf of a national firearm sporting
14 organization.
15 (h) While holding any license as a dealer, importer,
16 manufacturer or pawnbroker under the federal Gun Control
17 Act of 1968, manufactures, sells or delivers to any
18 unlicensed person a handgun having a barrel, slide, frame
19 or receiver which is a die casting of zinc alloy or any
20 other nonhomogeneous metal which will melt or deform at a
21 temperature of less than 800 degrees Fahrenheit. For
22 purposes of this paragraph, (1) "firearm" is defined as in
23 the Firearm Owners Identification Card Act; and (2)
24 "handgun" is defined as a firearm designed to be held and
25 fired by the use of a single hand, and includes a
26 combination of parts from which such a firearm can be
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1 assembled.
2 (i) Sells or gives a firearm of any size to any person
3 under 18 years of age who does not possess a valid Firearm
4 Owner's Identification Card.
5 (j) Sells or gives a firearm while engaged in the
6 business of selling firearms at wholesale or retail
7 without being licensed as a federal firearms dealer under
8 Section 923 of the federal Gun Control Act of 1968 (18
9 U.S.C. 923). In this paragraph (j):
10 A person "engaged in the business" means a person who
11 devotes time, attention, and labor to engaging in the
12 activity as a regular course of trade or business with the
13 principal objective of livelihood and profit, but does not
14 include a person who makes occasional repairs of firearms
15 or who occasionally fits special barrels, stocks, or
16 trigger mechanisms to firearms.
17 "With the principal objective of livelihood and
18 profit" means that the intent underlying the sale or
19 disposition of firearms is predominantly one of obtaining
20 livelihood and pecuniary gain, as opposed to other
21 intents, such as improving or liquidating a personal
22 firearms collection; however, proof of profit shall not be
23 required as to a person who engages in the regular and
24 repetitive purchase and disposition of firearms for
25 criminal purposes or terrorism.
26 (k) Sells or transfers ownership of a firearm to a
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1 person who does not display to the seller or transferor of
2 the firearm either: (1) a currently valid Firearm Owner's
3 Identification Card that has previously been issued in the
4 transferee's name by the Illinois State Police under the
5 provisions of the Firearm Owners Identification Card Act;
6 or (2) a currently valid license to carry a concealed
7 firearm that has previously been issued in the
8 transferee's name by the Illinois State Police under the
9 Firearm Concealed Carry Act. This paragraph (k) does not
10 apply to the transfer of a firearm to a person who is
11 exempt from the requirement of possessing a Firearm
12 Owner's Identification Card under Section 2 of the Firearm
13 Owners Identification Card Act. For the purposes of this
14 Section, a currently valid Firearm Owner's Identification
15 Card or license to carry a concealed firearm means receipt
16 of an approval number issued in accordance with subsection
17 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
18 Identification Card Act.
19 (1) In addition to the other requirements of this
20 paragraph (k), all persons who are not federally
21 licensed firearms dealers must also have complied with
22 subsection (a-10) of Section 3 of the Firearm Owners
23 Identification Card Act by determining the validity of
24 a purchaser's Firearm Owner's Identification Card.
25 (2) All sellers or transferors who have complied
26 with the requirements of subparagraph (1) of this
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1 paragraph (k) shall not be liable for damages in any
2 civil action arising from the use or misuse by the
3 transferee of the firearm transferred, except for
4 willful or wanton misconduct on the part of the seller
5 or transferor.
6 (l) Not being entitled to the possession of a firearm,
7 delivers the firearm, knowing it to have been stolen or
8 converted. It may be inferred that a person who possesses
9 a firearm with knowledge that its serial number has been
10 removed or altered has knowledge that the firearm is
11 stolen or converted.
12 (B) Paragraph (h) of subsection (A) does not include
13 firearms sold within 6 months after enactment of Public Act
14 78-355 (approved August 21, 1973, effective October 1, 1973),
15 nor is any firearm legally owned or possessed by any citizen or
16 purchased by any citizen within 6 months after the enactment
17 of Public Act 78-355 subject to confiscation or seizure under
18 the provisions of that Public Act. Nothing in Public Act
19 78-355 shall be construed to prohibit the gift or trade of any
20 firearm if that firearm was legally held or acquired within 6
21 months after the enactment of that Public Act.
22 (C) Sentence.
23 (1) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (c), (e), (f), (g),
25 or (h) of subsection (A) commits a Class 4 felony.
26 (2) Any person convicted of unlawful sale or delivery
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1 of firearms in violation of paragraph (b) or (i) of
2 subsection (A) commits a Class 3 felony.
3 (3) Any person convicted of unlawful sale or delivery
4 of firearms in violation of paragraph (a) of subsection
5 (A) commits a Class 2 felony.
6 (4) Any person convicted of unlawful sale or delivery
7 of firearms in violation of paragraph (a), (b), or (i) of
8 subsection (A) in any school, on the real property
9 comprising a school, within 1,000 feet of the real
10 property comprising a school, at a school related
11 activity, or on or within 1,000 feet of any conveyance
12 owned, leased, or contracted by a school or school
13 district to transport students to or from school or a
14 school related activity, regardless of the time of day or
15 time of year at which the offense was committed, commits a
16 Class 1 felony. Any person convicted of a second or
17 subsequent violation of unlawful sale or delivery of
18 firearms in violation of paragraph (a), (b), or (i) of
19 subsection (A) in any school, on the real property
20 comprising a school, within 1,000 feet of the real
21 property comprising a school, at a school related
22 activity, or on or within 1,000 feet of any conveyance
23 owned, leased, or contracted by a school or school
24 district to transport students to or from school or a
25 school related activity, regardless of the time of day or
26 time of year at which the offense was committed, commits a
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1 Class 1 felony for which the sentence shall be a term of
2 imprisonment of no less than 5 years and no more than 15
3 years.
4 (5) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (a) or (i) of
6 subsection (A) in residential property owned, operated, or
7 managed by a public housing agency or leased by a public
8 housing agency as part of a scattered site or mixed-income
9 development, in a public park, in a courthouse, on
10 residential property owned, operated, or managed by a
11 public housing agency or leased by a public housing agency
12 as part of a scattered site or mixed-income development,
13 on the real property comprising any public park, on the
14 real property comprising any courthouse, or on any public
15 way within 1,000 feet of the real property comprising any
16 public park, courthouse, or residential property owned,
17 operated, or managed by a public housing agency or leased
18 by a public housing agency as part of a scattered site or
19 mixed-income development commits a Class 2 felony.
20 (6) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (j) of subsection
22 (A) commits a Class A misdemeanor. A second or subsequent
23 violation is a Class 4 felony.
24 (7) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (k) of subsection
26 (A) commits a Class 4 felony, except that a violation of
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1 subparagraph (1) of paragraph (k) of subsection (A) shall
2 not be punishable as a crime or petty offense. A third or
3 subsequent conviction for a violation of paragraph (k) of
4 subsection (A) is a Class 1 felony.
5 (8) A person 18 years of age or older convicted of
6 unlawful sale or delivery of firearms in violation of
7 paragraph (a) or (i) of subsection (A), when the firearm
8 that was sold or given to another person under 18 years of
9 age was used in the commission of or attempt to commit a
10 forcible felony, shall be fined or imprisoned, or both,
11 not to exceed the maximum provided for the most serious
12 forcible felony so committed or attempted by the person
13 under 18 years of age who was sold or given the firearm.
14 (9) Any person convicted of unlawful sale or delivery
15 of firearms in violation of paragraph (d) of subsection
16 (A) commits a Class X felony for which he or she shall be
17 sentenced to a term of imprisonment of not less than 10
18 years and not more than 30 years 3 felony.
19 (10) Any person convicted of unlawful sale or delivery
20 of firearms in violation of paragraph (l) of subsection
21 (A) commits a Class 2 felony if the delivery is of one
22 firearm. Any person convicted of unlawful sale or delivery
23 of firearms in violation of paragraph (l) of subsection
24 (A) commits a Class 1 felony if the delivery is of not less
25 than 2 and not more than 5 firearms at the same time or
26 within a one-year period. Any person convicted of unlawful
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1 sale or delivery of firearms in violation of paragraph (l)
2 of subsection (A) commits a Class X felony for which he or
3 she shall be sentenced to a term of imprisonment of not
4 less than 6 years and not more than 30 years if the
5 delivery is of not less than 6 and not more than 10
6 firearms at the same time or within a 2-year period. Any
7 person convicted of unlawful sale or delivery of firearms
8 in violation of paragraph (l) of subsection (A) commits a
9 Class X felony for which he or she shall be sentenced to a
10 term of imprisonment of not less than 6 years and not more
11 than 40 years if the delivery is of not less than 11 and
12 not more than 20 firearms at the same time or within a
13 3-year period. Any person convicted of unlawful sale or
14 delivery of firearms in violation of paragraph (l) of
15 subsection (A) commits a Class X felony for which he or she
16 shall be sentenced to a term of imprisonment of not less
17 than 6 years and not more than 50 years if the delivery is
18 of not less than 21 and not more than 30 firearms at the
19 same time or within a 4-year period. Any person convicted
20 of unlawful sale or delivery of firearms in violation of
21 paragraph (l) of subsection (A) commits a Class X felony
22 for which he or she shall be sentenced to a term of
23 imprisonment of not less than 6 years and not more than 60
24 years if the delivery is of 31 or more firearms at the same
25 time or within a 5-year period.
26 (D) For purposes of this Section:
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1 "School" means a public or private elementary or secondary
2 school, community college, college, or university.
3 "School related activity" means any sporting, social,
4 academic, or other activity for which students' attendance or
5 participation is sponsored, organized, or funded in whole or
6 in part by a school or school district.
7 (E) A prosecution for a violation of paragraph (k) of
8 subsection (A) of this Section may be commenced within 6 years
9 after the commission of the offense. A prosecution for a
10 violation of this Section other than paragraph (g) of
11 subsection (A) of this Section may be commenced within 5 years
12 after the commission of the offense defined in the particular
13 paragraph.
14 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15 102-813, eff. 5-13-22.)
16 (720 ILCS 5/24-3.7)
17 Sec. 24-3.7. Use of a stolen or illegally acquired firearm
18 in the commission of an offense.
19 (a) A person commits the offense of use of a stolen or
20 illegally acquired firearm in the commission of an offense
21 when he or she knowingly uses a stolen or illegally acquired
22 firearm in the commission of any offense and the person knows
23 that the firearm was stolen or illegally acquired.
24 (b) Sentence. Use of a stolen or illegally acquired
25 firearm in the commission of an offense is a Class X felony for
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1 a first offense for which a term of imprisonment of not less
2 than 10 years shall be imposed. A second or subsequent offense
3 is a Class X felony for which a term of natural life
4 imprisonment shall be imposed 2 felony.
5 (c) "Illegally acquired firearm" means a firearm acquired
6 in violation of Section 24-3.
7 (Source: P.A. 96-190, eff. 1-1-10.)
8 Section 115. The Code of Criminal Procedure of 1963 is
9 amended by changing Sections 102-7.1 and 110-19 and by adding
10 Section 110-4.5 as follows:
11 (725 ILCS 5/102-7.1)
12 (Text of Section before amendment by P.A. 102-982)
13 Sec. 102-7.1. "Category A offense". "Category A offense"
14 means a Class 1 felony, Class 2 felony, Class X felony, first
15 degree murder, a violation of Section 11-204 of the Illinois
16 Vehicle Code, a second or subsequent violation of Section
17 11-501 of the Illinois Vehicle Code, a violation of subsection
18 (d) of Section 11-501 of the Illinois Vehicle Code, a
19 violation of Section 11-401 of the Illinois Vehicle Code if
20 the accident results in injury and the person failed to report
21 the accident within 30 minutes, a violation of Section 9-3,
22 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
23 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
24 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
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1 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
2 second or subsequent violation of 12-3.2 or 12-3.4 of the
3 Criminal Code of 2012, a violation of paragraph (5) or (6) of
4 subsection (b) of Section 10-9 of the Criminal Code of 2012, a
5 violation of subsection (b) or (c) or paragraph (1) or (2) of
6 subsection (a) of Section 11-1.50 of the Criminal Code of
7 2012, a violation of Section 12-7 of the Criminal Code of 2012
8 if the defendant inflicts bodily harm on the victim to obtain a
9 confession, statement, or information, a violation of Section
10 12-7.5 of the Criminal Code of 2012 if the action results in
11 bodily harm, a violation of paragraph (3) of subsection (b) of
12 Section 17-2 of the Criminal Code of 2012, a violation of
13 subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
14 2012, a violation of paragraph (6) of subsection (a) of
15 Section 24-1 of the Criminal Code of 2012, a first violation of
16 Section 24-1.6 of the Criminal Code of 2012 by a person 18
17 years of age or older where the factors listed in both items
18 (A) and (C) or both items (A-5) and (C) of paragraph (3) of
19 subsection (a) of Section 24-1.6 of the Criminal Code of 2012
20 are present, a Class 3 felony violation of paragraph (1) of
21 subsection (a) of Section 2 of the Firearm Owners
22 Identification Card Act, or a violation of Section 10 of the
23 Sex Offender Registration Act.
24 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
25 (Text of Section after amendment by P.A. 102-982)
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1 Sec. 102-7.1. "Category A offense". "Category A offense"
2 means a Class 1 felony, Class 2 felony, Class X felony, first
3 degree murder, a violation of Section 11-204 or 11-204.1 of
4 the Illinois Vehicle Code, a second or subsequent violation of
5 Section 11-501 of the Illinois Vehicle Code, a violation of
6 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
7 a violation of Section 11-401 of the Illinois Vehicle Code if
8 the crash results in injury and the person failed to report the
9 crash within 30 minutes, a violation of Section 9-3, 9-3.4,
10 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
11 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
12 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
13 25-1, 26.5-2, 31-6, 32-10, or 48-1 of the Criminal Code of
14 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of
15 the Criminal Code of 2012, a violation of paragraph (5) or (6)
16 of subsection (b) of Section 10-9 of the Criminal Code of 2012,
17 a violation of subsection (b) or (c) or paragraph (1) or (2) of
18 subsection (a) of Section 11-1.50 of the Criminal Code of
19 2012, a violation of Section 12-7 of the Criminal Code of 2012
20 if the defendant inflicts bodily harm on the victim to obtain a
21 confession, statement, or information, a violation of Section
22 12-7.5 of the Criminal Code of 2012 if the action results in
23 bodily harm, a violation of paragraph (3) of subsection (b) of
24 Section 17-2 of the Criminal Code of 2012, a violation of
25 subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
26 2012, a violation of paragraph (6) of subsection (a) of
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1 Section 24-1 of the Criminal Code of 2012, a first violation of
2 Section 24-1.6 of the Criminal Code of 2012 by a person 18
3 years of age or older where the factors listed in both items
4 (A) and (C) or both items (A-5) and (C) of paragraph (3) of
5 subsection (a) of Section 24-1.6 of the Criminal Code of 2012
6 are present, a Class 3 felony violation of paragraph (1) of
7 subsection (a) of Section 2 of the Firearm Owners
8 Identification Card Act, or a violation of Section 10 of the
9 Sex Offender Registration Act.
10 (Source: P.A. 102-982, eff. 7-1-23.)
11 (725 ILCS 5/110-4.5 new)
12 Sec. 110-4.5. Denial of bail and pretrial release; firearm
13 offenses. Notwithstanding any other provision of this Code to
14 the contrary, the denial of bail or pretrial release is
15 required if the person is a felon who is charged with a firearm
16 offense.
17 (725 ILCS 5/110-19 new)
18 Sec. 110-19. Bail reform opt out. Notwithstanding any
19 other provision of law to the contrary, a county with a
20 population of less than 3,000,000 does not have to comply with
21 the changes made by Public Act 100-1 and the changes made to
22 Article 110 of this Code by Public Acts 101-652 and 102-28 if
23 the county board adopts a resolution for that purpose on or
24 after the effective date of this amendatory Act of the 103rd
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1 General Assembly.
2 Section 120. The Unified Code of Corrections is amended by
3 changing Sections 3-6-3, 5-4.5-110, 5-5-3, and 5-8-4 as
4 follows:
5 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
6 Sec. 3-6-3. Rules and regulations for sentence credit.
7 (a)(1) The Department of Corrections shall prescribe rules
8 and regulations for awarding and revoking sentence credit for
9 persons committed to the Department of Corrections and the
10 Department of Juvenile Justice shall prescribe rules and
11 regulations for awarding and revoking sentence credit for
12 persons committed to the Department of Juvenile Justice under
13 Section 5-8-6 of the Unified Code of Corrections, which shall
14 be subject to review by the Prisoner Review Board.
15 (1.5) As otherwise provided by law, sentence credit may be
16 awarded for the following:
17 (A) successful completion of programming while in
18 custody of the Department of Corrections or the Department
19 of Juvenile Justice or while in custody prior to
20 sentencing;
21 (B) compliance with the rules and regulations of the
22 Department; or
23 (C) service to the institution, service to a
24 community, or service to the State.
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1 (2) Except as provided in paragraph (4.7) of this
2 subsection (a), the rules and regulations on sentence credit
3 shall provide, with respect to offenses listed in clause (i),
4 (ii), or (iii) of this paragraph (2) committed on or after June
5 19, 1998 or with respect to the offense listed in clause (iv)
6 of this paragraph (2) committed on or after June 23, 2005 (the
7 effective date of Public Act 94-71) or with respect to offense
8 listed in clause (vi) committed on or after June 1, 2008 (the
9 effective date of Public Act 95-625) or with respect to the
10 offense of being an armed habitual criminal committed on or
11 after August 2, 2005 (the effective date of Public Act 94-398)
12 or with respect to the offenses listed in clause (v) of this
13 paragraph (2) committed on or after August 13, 2007 (the
14 effective date of Public Act 95-134) or with respect to the
15 offense of aggravated domestic battery committed on or after
16 July 23, 2010 (the effective date of Public Act 96-1224) or
17 with respect to the offense of attempt to commit terrorism
18 committed on or after January 1, 2013 (the effective date of
19 Public Act 97-990) or with respect to the offense of
20 aggravated battery under paragraph (4) of subsection (d) of
21 Section 12-3.05 of the Criminal Code of 2012 in which the
22 victim was a peace officer committed on or after the effective
23 date of this amendatory Act of the 103rd General Assembly or
24 with respect to the offense of bringing contraband into a
25 penal institution as described in subsection (a) of Section
26 31A-1.1 of the Criminal Code of 2012 committed on or after the
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1 effective date of this amendatory Act of the 103rd General
2 Assembly, the following:
3 (i) that a prisoner who is serving a term of
4 imprisonment for first degree murder or for the offense of
5 terrorism shall receive no sentence credit and shall serve
6 the entire sentence imposed by the court;
7 (ii) that a prisoner serving a sentence for attempt to
8 commit terrorism, attempt to commit first degree murder,
9 solicitation of murder, solicitation of murder for hire,
10 intentional homicide of an unborn child, predatory
11 criminal sexual assault of a child, aggravated criminal
12 sexual assault, criminal sexual assault, aggravated
13 kidnapping, aggravated battery with a firearm as described
14 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
15 or (e)(4) of Section 12-3.05, heinous battery as described
16 in Section 12-4.1 or subdivision (a)(2) of Section
17 12-3.05, being an armed habitual criminal, aggravated
18 battery of a senior citizen as described in Section 12-4.6
19 or subdivision (a)(4) of Section 12-3.05, or aggravated
20 battery of a child as described in Section 12-4.3 or
21 subdivision (b)(1) of Section 12-3.05 shall receive no
22 more than 4.5 days of sentence credit for each month of his
23 or her sentence of imprisonment;
24 (iii) that a prisoner serving a sentence for home
25 invasion, armed robbery, aggravated vehicular hijacking,
26 aggravated discharge of a firearm, or armed violence with
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1 a category I weapon or category II weapon, when the court
2 has made and entered a finding, pursuant to subsection
3 (c-1) of Section 5-4-1 of this Code, that the conduct
4 leading to conviction for the enumerated offense resulted
5 in great bodily harm to a victim, shall receive no more
6 than 4.5 days of sentence credit for each month of his or
7 her sentence of imprisonment;
8 (iv) that a prisoner serving a sentence for aggravated
9 discharge of a firearm, whether or not the conduct leading
10 to conviction for the offense resulted in great bodily
11 harm to the victim, shall receive no more than 4.5 days of
12 sentence credit for each month of his or her sentence of
13 imprisonment;
14 (v) that a person serving a sentence for gunrunning,
15 narcotics racketeering, controlled substance trafficking,
16 methamphetamine trafficking, drug-induced homicide,
17 aggravated methamphetamine-related child endangerment,
18 money laundering pursuant to clause (c) (4) or (5) of
19 Section 29B-1 of the Criminal Code of 1961 or the Criminal
20 Code of 2012, or a Class X felony conviction for delivery
21 of a controlled substance, possession of a controlled
22 substance with intent to manufacture or deliver,
23 calculated criminal drug conspiracy, criminal drug
24 conspiracy, street gang criminal drug conspiracy,
25 participation in methamphetamine manufacturing,
26 aggravated participation in methamphetamine
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1 manufacturing, delivery of methamphetamine, possession
2 with intent to deliver methamphetamine, aggravated
3 delivery of methamphetamine, aggravated possession with
4 intent to deliver methamphetamine, methamphetamine
5 conspiracy when the substance containing the controlled
6 substance or methamphetamine is 100 grams or more shall
7 receive no more than 7.5 days sentence credit for each
8 month of his or her sentence of imprisonment;
9 (vi) that a prisoner serving a sentence for a second
10 or subsequent offense of luring a minor shall receive no
11 more than 4.5 days of sentence credit for each month of his
12 or her sentence of imprisonment; and
13 (vii) that a prisoner serving a sentence for
14 aggravated domestic battery shall receive no more than 4.5
15 days of sentence credit for each month of his or her
16 sentence of imprisonment; .
17 (viii) that a prisoner serving a sentence for
18 aggravated battery under paragraph (4) of subsection (d)
19 of Section 12-3.05 of the Criminal Code of 2012 in which
20 the victim was a peace officer shall receive no more than
21 4.5 days of sentence credit for each month of his or her
22 sentence of imprisonment; and
23 (ix) that a prisoner serving a sentence for bringing
24 contraband into a penal institution as described in
25 subsection (a) of Section 31A-1.1 of the Criminal Code of
26 2012 committed on or after the effective date of this
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1 amendatory Act of the 103rd General Assembly shall receive
2 no more than 4.5 days of sentence credit for each month of
3 his or her sentence of imprisonment.
4 (2.1) For all offenses, other than those enumerated in
5 subdivision (a)(2)(i), (ii), or (iii) committed on or after
6 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
7 June 23, 2005 (the effective date of Public Act 94-71) or
8 subdivision (a)(2)(v) committed on or after August 13, 2007
9 (the effective date of Public Act 95-134) or subdivision
10 (a)(2)(vi) committed on or after June 1, 2008 (the effective
11 date of Public Act 95-625) or subdivision (a)(2)(vii)
12 committed on or after July 23, 2010 (the effective date of
13 Public Act 96-1224)or subdivision (a)(2)(viii) committed on or
14 after the effective date of this amendatory Act of the 103rd
15 General Assembly or subdivision (a)(2)(ix) committed on or
16 after the effective date of this amendatory Act of the 103rd
17 General Assembly, and other than the offense of aggravated
18 driving under the influence of alcohol, other drug or drugs,
19 or intoxicating compound or compounds, or any combination
20 thereof as defined in subparagraph (F) of paragraph (1) of
21 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
22 and other than the offense of aggravated driving under the
23 influence of alcohol, other drug or drugs, or intoxicating
24 compound or compounds, or any combination thereof as defined
25 in subparagraph (C) of paragraph (1) of subsection (d) of
26 Section 11-501 of the Illinois Vehicle Code committed on or
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1 after January 1, 2011 (the effective date of Public Act
2 96-1230), the rules and regulations shall provide that a
3 prisoner who is serving a term of imprisonment shall receive
4 one day of sentence credit for each day of his or her sentence
5 of imprisonment or recommitment under Section 3-3-9. Each day
6 of sentence credit shall reduce by one day the prisoner's
7 period of imprisonment or recommitment under Section 3-3-9.
8 (2.2) A prisoner serving a term of natural life
9 imprisonment or a prisoner who has been sentenced to death
10 shall receive no sentence credit.
11 (2.3) Except as provided in paragraph (4.7) of this
12 subsection (a), the rules and regulations on sentence credit
13 shall provide that a prisoner who is serving a sentence for
14 aggravated driving under the influence of alcohol, other drug
15 or drugs, or intoxicating compound or compounds, or any
16 combination thereof as defined in subparagraph (F) of
17 paragraph (1) of subsection (d) of Section 11-501 of the
18 Illinois Vehicle Code, shall receive no more than 4.5 days of
19 sentence credit for each month of his or her sentence of
20 imprisonment.
21 (2.4) Except as provided in paragraph (4.7) of this
22 subsection (a), the rules and regulations on sentence credit
23 shall provide with respect to the offenses of aggravated
24 battery with a machine gun or a firearm equipped with any
25 device or attachment designed or used for silencing the report
26 of a firearm or aggravated discharge of a machine gun or a
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1 firearm equipped with any device or attachment designed or
2 used for silencing the report of a firearm, committed on or
3 after July 15, 1999 (the effective date of Public Act 91-121),
4 that a prisoner serving a sentence for any of these offenses
5 shall receive no more than 4.5 days of sentence credit for each
6 month of his or her sentence of imprisonment.
7 (2.5) Except as provided in paragraph (4.7) of this
8 subsection (a), the rules and regulations on sentence credit
9 shall provide that a prisoner who is serving a sentence for
10 aggravated arson committed on or after July 27, 2001 (the
11 effective date of Public Act 92-176) shall receive no more
12 than 4.5 days of sentence credit for each month of his or her
13 sentence of imprisonment.
14 (2.6) Except as provided in paragraph (4.7) of this
15 subsection (a), the rules and regulations on sentence credit
16 shall provide that a prisoner who is serving a sentence for
17 aggravated driving under the influence of alcohol, other drug
18 or drugs, or intoxicating compound or compounds or any
19 combination thereof as defined in subparagraph (C) of
20 paragraph (1) of subsection (d) of Section 11-501 of the
21 Illinois Vehicle Code committed on or after January 1, 2011
22 (the effective date of Public Act 96-1230) shall receive no
23 more than 4.5 days of sentence credit for each month of his or
24 her sentence of imprisonment.
25 (3) In addition to the sentence credits earned under
26 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
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1 subsection (a), the rules and regulations shall also provide
2 that the Director of Corrections or the Director of Juvenile
3 Justice may award up to 180 days of earned sentence credit for
4 prisoners serving a sentence of incarceration of less than 5
5 years, and up to 365 days of earned sentence credit for
6 prisoners serving a sentence of 5 years or longer. The
7 Director may grant this credit for good conduct in specific
8 instances as either Director deems proper for eligible persons
9 in the custody of each Director's respective Department. The
10 good conduct may include, but is not limited to, compliance
11 with the rules and regulations of the Department, service to
12 the Department, service to a community, or service to the
13 State.
14 Eligible inmates for an award of earned sentence credit
15 under this paragraph (3) may be selected to receive the credit
16 at either Director's or his or her designee's sole discretion.
17 Eligibility for the additional earned sentence credit under
18 this paragraph (3) may be based on, but is not limited to,
19 participation in programming offered by the Department as
20 appropriate for the prisoner based on the results of any
21 available risk/needs assessment or other relevant assessments
22 or evaluations administered by the Department using a
23 validated instrument, the circumstances of the crime,
24 demonstrated commitment to rehabilitation by a prisoner with a
25 history of conviction for a forcible felony enumerated in
26 Section 2-8 of the Criminal Code of 2012, the inmate's
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1 behavior and improvements in disciplinary history while
2 incarcerated, and the inmate's commitment to rehabilitation,
3 including participation in programming offered by the
4 Department.
5 The Director of Corrections or the Director of Juvenile
6 Justice shall not award sentence credit under this paragraph
7 (3) to an inmate unless the inmate has served a minimum of 60
8 days of the sentence; except nothing in this paragraph shall
9 be construed to permit either Director to extend an inmate's
10 sentence beyond that which was imposed by the court. Prior to
11 awarding credit under this paragraph (3), each Director shall
12 make a written determination that the inmate:
13 (A) is eligible for the earned sentence credit;
14 (B) has served a minimum of 60 days, or as close to 60
15 days as the sentence will allow;
16 (B-1) has received a risk/needs assessment or other
17 relevant evaluation or assessment administered by the
18 Department using a validated instrument; and
19 (C) has met the eligibility criteria established by
20 rule for earned sentence credit.
21 The Director of Corrections or the Director of Juvenile
22 Justice shall determine the form and content of the written
23 determination required in this subsection.
24 (3.5) The Department shall provide annual written reports
25 to the Governor and the General Assembly on the award of earned
26 sentence credit no later than February 1 of each year. The
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1 Department must publish both reports on its website within 48
2 hours of transmitting the reports to the Governor and the
3 General Assembly. The reports must include:
4 (A) the number of inmates awarded earned sentence
5 credit;
6 (B) the average amount of earned sentence credit
7 awarded;
8 (C) the holding offenses of inmates awarded earned
9 sentence credit; and
10 (D) the number of earned sentence credit revocations.
11 (4)(A) Except as provided in paragraph (4.7) of this
12 subsection (a), the rules and regulations shall also provide
13 that any prisoner who is engaged full-time in substance abuse
14 programs, correctional industry assignments, educational
15 programs, work-release programs or activities in accordance
16 with Article 13 of Chapter III of this Code, behavior
17 modification programs, life skills courses, or re-entry
18 planning provided by the Department under this paragraph (4)
19 and satisfactorily completes the assigned program as
20 determined by the standards of the Department, shall receive
21 one day of sentence credit for each day in which that prisoner
22 is engaged in the activities described in this paragraph. The
23 rules and regulations shall also provide that sentence credit
24 may be provided to an inmate who was held in pre-trial
25 detention prior to his or her current commitment to the
26 Department of Corrections and successfully completed a
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1 full-time, 60-day or longer substance abuse program,
2 educational program, behavior modification program, life
3 skills course, or re-entry planning provided by the county
4 department of corrections or county jail. Calculation of this
5 county program credit shall be done at sentencing as provided
6 in Section 5-4.5-100 of this Code and shall be included in the
7 sentencing order. The rules and regulations shall also provide
8 that sentence credit may be provided to an inmate who is in
9 compliance with programming requirements in an adult
10 transition center.
11 (B) The Department shall award sentence credit under this
12 paragraph (4) accumulated prior to January 1, 2020 (the
13 effective date of Public Act 101-440) in an amount specified
14 in subparagraph (C) of this paragraph (4) to an inmate serving
15 a sentence for an offense committed prior to June 19, 1998, if
16 the Department determines that the inmate is entitled to this
17 sentence credit, based upon:
18 (i) documentation provided by the Department that the
19 inmate engaged in any full-time substance abuse programs,
20 correctional industry assignments, educational programs,
21 behavior modification programs, life skills courses, or
22 re-entry planning provided by the Department under this
23 paragraph (4) and satisfactorily completed the assigned
24 program as determined by the standards of the Department
25 during the inmate's current term of incarceration; or
26 (ii) the inmate's own testimony in the form of an
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1 affidavit or documentation, or a third party's
2 documentation or testimony in the form of an affidavit
3 that the inmate likely engaged in any full-time substance
4 abuse programs, correctional industry assignments,
5 educational programs, behavior modification programs, life
6 skills courses, or re-entry planning provided by the
7 Department under paragraph (4) and satisfactorily
8 completed the assigned program as determined by the
9 standards of the Department during the inmate's current
10 term of incarceration.
11 (C) If the inmate can provide documentation that he or she
12 is entitled to sentence credit under subparagraph (B) in
13 excess of 45 days of participation in those programs, the
14 inmate shall receive 90 days of sentence credit. If the inmate
15 cannot provide documentation of more than 45 days of
16 participation in those programs, the inmate shall receive 45
17 days of sentence credit. In the event of a disagreement
18 between the Department and the inmate as to the amount of
19 credit accumulated under subparagraph (B), if the Department
20 provides documented proof of a lesser amount of days of
21 participation in those programs, that proof shall control. If
22 the Department provides no documentary proof, the inmate's
23 proof as set forth in clause (ii) of subparagraph (B) shall
24 control as to the amount of sentence credit provided.
25 (D) If the inmate has been convicted of a sex offense as
26 defined in Section 2 of the Sex Offender Registration Act,
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1 sentencing credits under subparagraph (B) of this paragraph
2 (4) shall be awarded by the Department only if the conditions
3 set forth in paragraph (4.6) of subsection (a) are satisfied.
4 No inmate serving a term of natural life imprisonment shall
5 receive sentence credit under subparagraph (B) of this
6 paragraph (4).
7 Educational, vocational, substance abuse, behavior
8 modification programs, life skills courses, re-entry planning,
9 and correctional industry programs under which sentence credit
10 may be earned under this paragraph (4) and paragraph (4.1) of
11 this subsection (a) shall be evaluated by the Department on
12 the basis of documented standards. The Department shall report
13 the results of these evaluations to the Governor and the
14 General Assembly by September 30th of each year. The reports
15 shall include data relating to the recidivism rate among
16 program participants.
17 Availability of these programs shall be subject to the
18 limits of fiscal resources appropriated by the General
19 Assembly for these purposes. Eligible inmates who are denied
20 immediate admission shall be placed on a waiting list under
21 criteria established by the Department. The rules and
22 regulations shall provide that a prisoner who has been placed
23 on a waiting list but is transferred for non-disciplinary
24 reasons before beginning a program shall receive priority
25 placement on the waitlist for appropriate programs at the new
26 facility. The inability of any inmate to become engaged in any
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1 such programs by reason of insufficient program resources or
2 for any other reason established under the rules and
3 regulations of the Department shall not be deemed a cause of
4 action under which the Department or any employee or agent of
5 the Department shall be liable for damages to the inmate. The
6 rules and regulations shall provide that a prisoner who begins
7 an educational, vocational, substance abuse, work-release
8 programs or activities in accordance with Article 13 of
9 Chapter III of this Code, behavior modification program, life
10 skills course, re-entry planning, or correctional industry
11 programs but is unable to complete the program due to illness,
12 disability, transfer, lockdown, or another reason outside of
13 the prisoner's control shall receive prorated sentence credits
14 for the days in which the prisoner did participate.
15 (4.1) Except as provided in paragraph (4.7) of this
16 subsection (a), the rules and regulations shall also provide
17 that an additional 90 days of sentence credit shall be awarded
18 to any prisoner who passes high school equivalency testing
19 while the prisoner is committed to the Department of
20 Corrections. The sentence credit awarded under this paragraph
21 (4.1) shall be in addition to, and shall not affect, the award
22 of sentence credit under any other paragraph of this Section,
23 but shall also be pursuant to the guidelines and restrictions
24 set forth in paragraph (4) of subsection (a) of this Section.
25 The sentence credit provided for in this paragraph shall be
26 available only to those prisoners who have not previously
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1 earned a high school diploma or a State of Illinois High School
2 Diploma. If, after an award of the high school equivalency
3 testing sentence credit has been made, the Department
4 determines that the prisoner was not eligible, then the award
5 shall be revoked. The Department may also award 90 days of
6 sentence credit to any committed person who passed high school
7 equivalency testing while he or she was held in pre-trial
8 detention prior to the current commitment to the Department of
9 Corrections. Except as provided in paragraph (4.7) of this
10 subsection (a), the rules and regulations shall provide that
11 an additional 120 days of sentence credit shall be awarded to
12 any prisoner who obtains an associate degree while the
13 prisoner is committed to the Department of Corrections,
14 regardless of the date that the associate degree was obtained,
15 including if prior to July 1, 2021 (the effective date of
16 Public Act 101-652). The sentence credit awarded under this
17 paragraph (4.1) shall be in addition to, and shall not affect,
18 the award of sentence credit under any other paragraph of this
19 Section, but shall also be under the guidelines and
20 restrictions set forth in paragraph (4) of subsection (a) of
21 this Section. The sentence credit provided for in this
22 paragraph (4.1) shall be available only to those prisoners who
23 have not previously earned an associate degree prior to the
24 current commitment to the Department of Corrections. If, after
25 an award of the associate degree sentence credit has been made
26 and the Department determines that the prisoner was not
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1 eligible, then the award shall be revoked. The Department may
2 also award 120 days of sentence credit to any committed person
3 who earned an associate degree while he or she was held in
4 pre-trial detention prior to the current commitment to the
5 Department of Corrections.
6 Except as provided in paragraph (4.7) of this subsection
7 (a), the rules and regulations shall provide that an
8 additional 180 days of sentence credit shall be awarded to any
9 prisoner who obtains a bachelor's degree while the prisoner is
10 committed to the Department of Corrections. The sentence
11 credit awarded under this paragraph (4.1) shall be in addition
12 to, and shall not affect, the award of sentence credit under
13 any other paragraph of this Section, but shall also be under
14 the guidelines and restrictions set forth in paragraph (4) of
15 this subsection (a). The sentence credit provided for in this
16 paragraph shall be available only to those prisoners who have
17 not earned a bachelor's degree prior to the current commitment
18 to the Department of Corrections. If, after an award of the
19 bachelor's degree sentence credit has been made, the
20 Department determines that the prisoner was not eligible, then
21 the award shall be revoked. The Department may also award 180
22 days of sentence credit to any committed person who earned a
23 bachelor's degree while he or she was held in pre-trial
24 detention prior to the current commitment to the Department of
25 Corrections.
26 Except as provided in paragraph (4.7) of this subsection
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1 (a), the rules and regulations shall provide that an
2 additional 180 days of sentence credit shall be awarded to any
3 prisoner who obtains a master's or professional degree while
4 the prisoner is committed to the Department of Corrections.
5 The sentence credit awarded under this paragraph (4.1) shall
6 be in addition to, and shall not affect, the award of sentence
7 credit under any other paragraph of this Section, but shall
8 also be under the guidelines and restrictions set forth in
9 paragraph (4) of this subsection (a). The sentence credit
10 provided for in this paragraph shall be available only to
11 those prisoners who have not previously earned a master's or
12 professional degree prior to the current commitment to the
13 Department of Corrections. If, after an award of the master's
14 or professional degree sentence credit has been made, the
15 Department determines that the prisoner was not eligible, then
16 the award shall be revoked. The Department may also award 180
17 days of sentence credit to any committed person who earned a
18 master's or professional degree while he or she was held in
19 pre-trial detention prior to the current commitment to the
20 Department of Corrections.
21 (4.2) The rules and regulations shall also provide that
22 any prisoner engaged in self-improvement programs, volunteer
23 work, or work assignments that are not otherwise eligible
24 activities under paragraph (4), shall receive up to 0.5 days
25 of sentence credit for each day in which the prisoner is
26 engaged in activities described in this paragraph.
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1 (4.5) The rules and regulations on sentence credit shall
2 also provide that when the court's sentencing order recommends
3 a prisoner for substance abuse treatment and the crime was
4 committed on or after September 1, 2003 (the effective date of
5 Public Act 93-354), the prisoner shall receive no sentence
6 credit awarded under clause (3) of this subsection (a) unless
7 he or she participates in and completes a substance abuse
8 treatment program. The Director of Corrections may waive the
9 requirement to participate in or complete a substance abuse
10 treatment program in specific instances if the prisoner is not
11 a good candidate for a substance abuse treatment program for
12 medical, programming, or operational reasons. Availability of
13 substance abuse treatment shall be subject to the limits of
14 fiscal resources appropriated by the General Assembly for
15 these purposes. If treatment is not available and the
16 requirement to participate and complete the treatment has not
17 been waived by the Director, the prisoner shall be placed on a
18 waiting list under criteria established by the Department. The
19 Director may allow a prisoner placed on a waiting list to
20 participate in and complete a substance abuse education class
21 or attend substance abuse self-help meetings in lieu of a
22 substance abuse treatment program. A prisoner on a waiting
23 list who is not placed in a substance abuse program prior to
24 release may be eligible for a waiver and receive sentence
25 credit under clause (3) of this subsection (a) at the
26 discretion of the Director.
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1 (4.6) The rules and regulations on sentence credit shall
2 also provide that a prisoner who has been convicted of a sex
3 offense as defined in Section 2 of the Sex Offender
4 Registration Act shall receive no sentence credit unless he or
5 she either has successfully completed or is participating in
6 sex offender treatment as defined by the Sex Offender
7 Management Board. However, prisoners who are waiting to
8 receive treatment, but who are unable to do so due solely to
9 the lack of resources on the part of the Department, may, at
10 either Director's sole discretion, be awarded sentence credit
11 at a rate as the Director shall determine.
12 (4.7) On or after January 1, 2018 (the effective date of
13 Public Act 100-3), sentence credit under paragraph (3), (4),
14 or (4.1) of this subsection (a) may be awarded to a prisoner
15 who is serving a sentence for an offense described in
16 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
17 on or after January 1, 2018 (the effective date of Public Act
18 100-3); provided, the award of the credits under this
19 paragraph (4.7) shall not reduce the sentence of the prisoner
20 to less than the following amounts:
21 (i) 85% of his or her sentence if the prisoner is
22 required to serve 85% of his or her sentence; or
23 (ii) 60% of his or her sentence if the prisoner is
24 required to serve 75% of his or her sentence, except if the
25 prisoner is serving a sentence for gunrunning his or her
26 sentence shall not be reduced to less than 75%.
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1 (iii) 100% of his or her sentence if the prisoner is
2 required to serve 100% of his or her sentence.
3 (4.8) On or after the effective date of this amendatory
4 Act of the 103rd General Assembly, sentence credit under
5 paragraph (3), (4), (4.1), (4.2), or (4.7) of this subsection
6 (a) may not be awarded to a prisoner who is serving a sentence
7 for bringing contraband into a penal institution as described
8 in subsection (a) of Section 31A-1.1 of the Criminal Code of
9 2012.
10 (5) Whenever the Department is to release any inmate
11 earlier than it otherwise would because of a grant of earned
12 sentence credit under paragraph (3) of subsection (a) of this
13 Section given at any time during the term, the Department
14 shall give reasonable notice of the impending release not less
15 than 14 days prior to the date of the release to the State's
16 Attorney of the county where the prosecution of the inmate
17 took place, and if applicable, the State's Attorney of the
18 county into which the inmate will be released. The Department
19 must also make identification information and a recent photo
20 of the inmate being released accessible on the Internet by
21 means of a hyperlink labeled "Community Notification of Inmate
22 Early Release" on the Department's World Wide Web homepage.
23 The identification information shall include the inmate's:
24 name, any known alias, date of birth, physical
25 characteristics, commitment offense, and county where
26 conviction was imposed. The identification information shall
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1 be placed on the website within 3 days of the inmate's release
2 and the information may not be removed until either:
3 completion of the first year of mandatory supervised release
4 or return of the inmate to custody of the Department.
5 (b) Whenever a person is or has been committed under
6 several convictions, with separate sentences, the sentences
7 shall be construed under Section 5-8-4 in granting and
8 forfeiting of sentence credit.
9 (c) (1) The Department shall prescribe rules and
10 regulations for revoking sentence credit, including revoking
11 sentence credit awarded under paragraph (3) of subsection (a)
12 of this Section. The Department shall prescribe rules and
13 regulations establishing and requiring the use of a sanctions
14 matrix for revoking sentence credit. The Department shall
15 prescribe rules and regulations for suspending or reducing the
16 rate of accumulation of sentence credit for specific rule
17 violations, during imprisonment. These rules and regulations
18 shall provide that no inmate may be penalized more than one
19 year of sentence credit for any one infraction.
20 (2) When the Department seeks to revoke, suspend, or
21 reduce the rate of accumulation of any sentence credits for an
22 alleged infraction of its rules, it shall bring charges
23 therefor against the prisoner sought to be so deprived of
24 sentence credits before the Prisoner Review Board as provided
25 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
26 amount of credit at issue exceeds 30 days, whether from one
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1 infraction or cumulatively from multiple infractions arising
2 out of a single event, or when, during any 12-month period, the
3 cumulative amount of credit revoked exceeds 30 days except
4 where the infraction is committed or discovered within 60 days
5 of scheduled release. In those cases, the Department of
6 Corrections may revoke up to 30 days of sentence credit. The
7 Board may subsequently approve the revocation of additional
8 sentence credit, if the Department seeks to revoke sentence
9 credit in excess of 30 days. However, the Board shall not be
10 empowered to review the Department's decision with respect to
11 the loss of 30 days of sentence credit within any calendar year
12 for any prisoner or to increase any penalty beyond the length
13 requested by the Department.
14 (3) The Director of Corrections or the Director of
15 Juvenile Justice, in appropriate cases, may restore sentence
16 credits which have been revoked, suspended, or reduced. The
17 Department shall prescribe rules and regulations governing the
18 restoration of sentence credits. These rules and regulations
19 shall provide for the automatic restoration of sentence
20 credits following a period in which the prisoner maintains a
21 record without a disciplinary violation.
22 Nothing contained in this Section shall prohibit the
23 Prisoner Review Board from ordering, pursuant to Section
24 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
25 sentence imposed by the court that was not served due to the
26 accumulation of sentence credit.
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1 (d) If a lawsuit is filed by a prisoner in an Illinois or
2 federal court against the State, the Department of
3 Corrections, or the Prisoner Review Board, or against any of
4 their officers or employees, and the court makes a specific
5 finding that a pleading, motion, or other paper filed by the
6 prisoner is frivolous, the Department of Corrections shall
7 conduct a hearing to revoke up to 180 days of sentence credit
8 by bringing charges against the prisoner sought to be deprived
9 of the sentence credits before the Prisoner Review Board as
10 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
11 If the prisoner has not accumulated 180 days of sentence
12 credit at the time of the finding, then the Prisoner Review
13 Board may revoke all sentence credit accumulated by the
14 prisoner.
15 For purposes of this subsection (d):
16 (1) "Frivolous" means that a pleading, motion, or
17 other filing which purports to be a legal document filed
18 by a prisoner in his or her lawsuit meets any or all of the
19 following criteria:
20 (A) it lacks an arguable basis either in law or in
21 fact;
22 (B) it is being presented for any improper
23 purpose, such as to harass or to cause unnecessary
24 delay or needless increase in the cost of litigation;
25 (C) the claims, defenses, and other legal
26 contentions therein are not warranted by existing law
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1 or by a nonfrivolous argument for the extension,
2 modification, or reversal of existing law or the
3 establishment of new law;
4 (D) the allegations and other factual contentions
5 do not have evidentiary support or, if specifically so
6 identified, are not likely to have evidentiary support
7 after a reasonable opportunity for further
8 investigation or discovery; or
9 (E) the denials of factual contentions are not
10 warranted on the evidence, or if specifically so
11 identified, are not reasonably based on a lack of
12 information or belief.
13 (2) "Lawsuit" means a motion pursuant to Section 116-3
14 of the Code of Criminal Procedure of 1963, a habeas corpus
15 action under Article X of the Code of Civil Procedure or
16 under federal law (28 U.S.C. 2254), a petition for claim
17 under the Court of Claims Act, an action under the federal
18 Civil Rights Act (42 U.S.C. 1983), or a second or
19 subsequent petition for post-conviction relief under
20 Article 122 of the Code of Criminal Procedure of 1963
21 whether filed with or without leave of court or a second or
22 subsequent petition for relief from judgment under Section
23 2-1401 of the Code of Civil Procedure.
24 (e) Nothing in Public Act 90-592 or 90-593 affects the
25 validity of Public Act 89-404.
26 (f) Whenever the Department is to release any inmate who
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1 has been convicted of a violation of an order of protection
2 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
3 the Criminal Code of 2012, earlier than it otherwise would
4 because of a grant of sentence credit, the Department, as a
5 condition of release, shall require that the person, upon
6 release, be placed under electronic surveillance as provided
7 in Section 5-8A-7 of this Code.
8 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
9 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
10 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
11 (730 ILCS 5/5-4.5-110)
12 (Section scheduled to be repealed on January 1, 2024)
13 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
14 PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
15 (a) DEFINITIONS. For the purposes of this Section:
16 "Firearm" has the meaning ascribed to it in Section
17 1.1 of the Firearm Owners Identification Card Act.
18 "Qualifying predicate offense" means the following
19 offenses under the Criminal Code of 2012:
20 (A) aggravated unlawful use of a weapon under
21 Section 24-1.6 or similar offense under the Criminal
22 Code of 1961, when the weapon is a firearm;
23 (B) unlawful use or possession of a weapon by a
24 felon under Section 24-1.1 or similar offense under
25 the Criminal Code of 1961, when the weapon is a
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1 firearm;
2 (C) first degree murder under Section 9-1 or
3 similar offense under the Criminal Code of 1961;
4 (D) attempted first degree murder with a firearm
5 or similar offense under the Criminal Code of 1961;
6 (E) aggravated kidnapping with a firearm under
7 paragraph (6) or (7) of subsection (a) of Section 10-2
8 or similar offense under the Criminal Code of 1961;
9 (F) aggravated battery with a firearm under
10 subsection (e) of Section 12-3.05 or similar offense
11 under the Criminal Code of 1961;
12 (G) aggravated criminal sexual assault under
13 Section 11-1.30 or similar offense under the Criminal
14 Code of 1961;
15 (H) predatory criminal sexual assault of a child
16 under Section 11-1.40 or similar offense under the
17 Criminal Code of 1961;
18 (I) armed robbery under Section 18-2 or similar
19 offense under the Criminal Code of 1961;
20 (J) vehicular hijacking under Section 18-3 or
21 similar offense under the Criminal Code of 1961;
22 (K) aggravated vehicular hijacking under Section
23 18-4 or similar offense under the Criminal Code of
24 1961;
25 (L) home invasion with a firearm under paragraph
26 (3), (4), or (5) of subsection (a) of Section 19-6 or
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1 similar offense under the Criminal Code of 1961;
2 (M) aggravated discharge of a firearm under
3 Section 24-1.2 or similar offense under the Criminal
4 Code of 1961;
5 (N) aggravated discharge of a machine gun or a
6 firearm equipped with a device designed or used for
7 silencing the report of a firearm under Section
8 24-1.2-5 or similar offense under the Criminal Code of
9 1961;
10 (0) unlawful use of firearm projectiles under
11 Section 24-2.1 or similar offense under the Criminal
12 Code of 1961;
13 (P) manufacture, sale, or transfer of bullets or
14 shells represented to be armor piercing bullets,
15 dragon's breath shotgun shells, bolo shells, or
16 flechette shells under Section 24-2.2 or similar
17 offense under the Criminal Code of 1961;
18 (Q) unlawful sale or delivery of firearms under
19 Section 24-3 or similar offense under the Criminal
20 Code of 1961;
21 (R) unlawful discharge of firearm projectiles
22 under Section 24-3.2 or similar offense under the
23 Criminal Code of 1961;
24 (S) unlawful sale or delivery of firearms on
25 school premises of any school under Section 24-3.3 or
26 similar offense under the Criminal Code of 1961;
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1 (T) unlawful purchase of a firearm under Section
2 24-3.5 or similar offense under the Criminal Code of
3 1961;
4 (U) use of a stolen or illegally acquired firearm
5 in the commission of an offense under Section 24-3.7
6 or similar offense under the Criminal Code of 1961;
7 (V) possession of a stolen firearm under Section
8 24-3.8 or similar offense under the Criminal Code of
9 1961;
10 (W) aggravated possession of a stolen firearm
11 under Section 24-3.9 or similar offense under the
12 Criminal Code of 1961;
13 (X) gunrunning under Section 24-3A or similar
14 offense under the Criminal Code of 1961;
15 (Y) defacing identification marks of firearms
16 under Section 24-5 or similar offense under the
17 Criminal Code of 1961; and
18 (Z) armed violence under Section 33A-2 or similar
19 offense under the Criminal Code of 1961.
20 (b) APPLICABILITY. For an offense committed on or after
21 January 1, 2018 (the effective date of Public Act 100-3) and
22 before January 1, 2024, when a person is convicted of unlawful
23 use or possession of a weapon by a felon, when the weapon is a
24 firearm, or aggravated unlawful use of a weapon, when the
25 weapon is a firearm, after being previously convicted of a
26 qualifying predicate offense the person shall be subject to
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1 the sentencing guidelines under this Section.
2 (c) SENTENCING GUIDELINES.
3 (1) When a person is convicted of unlawful use or
4 possession of a weapon by a felon, when the weapon is a
5 firearm, and that person has been previously convicted of
6 a qualifying predicate offense, the person shall be
7 sentenced to a term of imprisonment within the sentencing
8 range of not less than 7 years and not more than 14 years,
9 unless the court finds that a departure from the
10 sentencing guidelines under this paragraph is warranted
11 under subsection (d) of this Section.
12 (2) When a person is convicted of aggravated unlawful
13 use of a weapon, when the weapon is a firearm, and that
14 person has been previously convicted of a qualifying
15 predicate offense, the person shall be sentenced to a term
16 of imprisonment within the sentencing range of not less
17 than 6 years and not more than 7 years, unless the court
18 finds that a departure from the sentencing guidelines
19 under this paragraph is warranted under subsection (d) of
20 this Section.
21 (3) The sentencing guidelines in paragraphs (1) and
22 (2) of this subsection (c) apply only to offenses
23 committed on and after January 1, 2018 (the effective date
24 of Public Act 100-3) and before January 1, 2024.
25 (d) DEPARTURE FROM SENTENCING GUIDELINES.
26 (1) At the sentencing hearing conducted under Section
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1 5-4-1 of this Code, the court may depart from the
2 sentencing guidelines provided in subsection (c) of this
3 Section and impose a sentence otherwise authorized by law
4 for the offense if the court, after considering any factor
5 under paragraph (2) of this subsection (d) relevant to the
6 nature and circumstances of the crime and to the history
7 and character of the defendant, finds on the record
8 substantial and compelling justification that the sentence
9 within the sentencing guidelines would be unduly harsh and
10 that a sentence otherwise authorized by law would be
11 consistent with public safety and does not deprecate the
12 seriousness of the offense.
13 (2) In deciding whether to depart from the sentencing
14 guidelines under this paragraph, the court shall consider:
15 (A) the age, immaturity, or limited mental
16 capacity of the defendant at the time of commission of
17 the qualifying predicate or current offense, including
18 whether the defendant was suffering from a mental or
19 physical condition insufficient to constitute a
20 defense but significantly reduced the defendant's
21 culpability;
22 (B) the nature and circumstances of the qualifying
23 predicate offense;
24 (C) the time elapsed since the qualifying
25 predicate offense;
26 (D) the nature and circumstances of the current
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1 offense;
2 (E) the defendant's prior criminal history;
3 (F) whether the defendant committed the qualifying
4 predicate or current offense under specific and
5 credible duress, coercion, threat, or compulsion;
6 (G) whether the defendant aided in the
7 apprehension of another felon or testified truthfully
8 on behalf of another prosecution of a felony; and
9 (H) whether departure is in the interest of the
10 person's rehabilitation, including employment or
11 educational or vocational training, after taking into
12 account any past rehabilitation efforts or
13 dispositions of probation or supervision, and the
14 defendant's cooperation or response to rehabilitation.
15 (3) When departing from the sentencing guidelines
16 under this Section, the court shall specify on the record,
17 the particular evidence, information, factor or factors,
18 or other reasons which led to the departure from the
19 sentencing guidelines. When departing from the sentencing
20 range in accordance with this subsection (d), the court
21 shall indicate on the sentencing order which departure
22 factor or factors outlined in paragraph (2) of this
23 subsection (d) led to the sentence imposed. The sentencing
24 order shall be filed with the clerk of the court and shall
25 be a public record.
26 (e) This Section is repealed on January 1, 2024.
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1 (Source: P.A. 102-1109, eff. 12-21-22.)
2 (730 ILCS 5/5-5-3)
3 Sec. 5-5-3. Disposition.
4 (a) (Blank).
5 (b) (Blank).
6 (c) (1) (Blank).
7 (2) A period of probation, a term of periodic imprisonment
8 or conditional discharge shall not be imposed for the
9 following offenses. The court shall sentence the offender to
10 not less than the minimum term of imprisonment set forth in
11 this Code for the following offenses, and may order a fine or
12 restitution or both in conjunction with such term of
13 imprisonment:
14 (A) First degree murder where the death penalty is not
15 imposed.
16 (B) Attempted first degree murder.
17 (C) A Class X felony.
18 (D) A violation of Section 401.1 or 407 of the
19 Illinois Controlled Substances Act, or a violation of
20 subdivision (c)(1.5) of Section 401 of that Act which
21 relates to more than 5 grams of a substance containing
22 fentanyl or an analog thereof.
23 (D-5) A violation of subdivision (c)(1) of Section 401
24 of the Illinois Controlled Substances Act which relates to
25 3 or more grams of a substance containing heroin or an
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1 analog thereof.
2 (E) (Blank).
3 (F) A Class 1 or greater felony if the offender had
4 been convicted of a Class 1 or greater felony, including
5 any state or federal conviction for an offense that
6 contained, at the time it was committed, the same elements
7 as an offense now (the date of the offense committed after
8 the prior Class 1 or greater felony) classified as a Class
9 1 or greater felony, within 10 years of the date on which
10 the offender committed the offense for which he or she is
11 being sentenced, except as otherwise provided in Section
12 40-10 of the Substance Use Disorder Act.
13 (F-3) A Class 2 or greater felony sex offense or
14 felony firearm offense if the offender had been convicted
15 of a Class 2 or greater felony, including any state or
16 federal conviction for an offense that contained, at the
17 time it was committed, the same elements as an offense now
18 (the date of the offense committed after the prior Class 2
19 or greater felony) classified as a Class 2 or greater
20 felony, within 10 years of the date on which the offender
21 committed the offense for which he or she is being
22 sentenced, except as otherwise provided in Section 40-10
23 of the Substance Use Disorder Act.
24 (F-5) A violation of Section 18-4, 24-1, 24-1.1,
25 24-1.2, or 24-1.6, 24-1.6, 24-1.7, 24-1.8, or 24-3.7 or
26 paragraph (d) of subsection (A) of Section 24-3 of the
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1 Criminal Code of 1961 or the Criminal Code of 2012 for
2 which imprisonment is prescribed in those Sections.
3 (G) Residential burglary, except as otherwise provided
4 in Section 40-10 of the Substance Use Disorder Act.
5 (H) Criminal sexual assault.
6 (I) Aggravated battery of a senior citizen as
7 described in Section 12-4.6 or subdivision (a)(4) of
8 Section 12-3.05 of the Criminal Code of 1961 or the
9 Criminal Code of 2012.
10 (J) A forcible felony if the offense was related to
11 the activities of an organized gang.
12 Before July 1, 1994, for the purposes of this
13 paragraph, "organized gang" means an association of 5 or
14 more persons, with an established hierarchy, that
15 encourages members of the association to perpetrate crimes
16 or provides support to the members of the association who
17 do commit crimes.
18 Beginning July 1, 1994, for the purposes of this
19 paragraph, "organized gang" has the meaning ascribed to it
20 in Section 10 of the Illinois Streetgang Terrorism Omnibus
21 Prevention Act.
22 (K) Vehicular hijacking.
23 (L) A second or subsequent conviction for the offense
24 of hate crime when the underlying offense upon which the
25 hate crime is based is felony aggravated assault or felony
26 mob action.
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1 (M) A second or subsequent conviction for the offense
2 of institutional vandalism if the damage to the property
3 exceeds $300.
4 (N) A Class 3 felony violation of paragraph (1) of
5 subsection (a) of Section 2 of the Firearm Owners
6 Identification Card Act.
7 (O) A violation of Section 12-6.1 or 12-6.5 of the
8 Criminal Code of 1961 or the Criminal Code of 2012.
9 (P) A violation of paragraph (1), (2), (3), (4), (5),
10 or (7) of subsection (a) of Section 11-20.1 of the
11 Criminal Code of 1961 or the Criminal Code of 2012.
12 (P-5) A violation of paragraph (6) of subsection (a)
13 of Section 11-20.1 of the Criminal Code of 1961 or the
14 Criminal Code of 2012 if the victim is a household or
15 family member of the defendant.
16 (Q) A violation of subsection (b) or (b-5) of Section
17 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
18 Code of 1961 or the Criminal Code of 2012.
19 (R) A violation of Section 24-3A of the Criminal Code
20 of 1961 or the Criminal Code of 2012.
21 (S) (Blank).
22 (T) (Blank).
23 (U) A second or subsequent violation of Section 6-303
24 of the Illinois Vehicle Code committed while his or her
25 driver's license, permit, or privilege was revoked because
26 of a violation of Section 9-3 of the Criminal Code of 1961
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1 or the Criminal Code of 2012, relating to the offense of
2 reckless homicide, or a similar provision of a law of
3 another state.
4 (V) A violation of paragraph (4) of subsection (c) of
5 Section 11-20.1B or paragraph (4) of subsection (c) of
6 Section 11-20.3 of the Criminal Code of 1961, or paragraph
7 (6) of subsection (a) of Section 11-20.1 of the Criminal
8 Code of 2012 when the victim is under 13 years of age and
9 the defendant has previously been convicted under the laws
10 of this State or any other state of the offense of child
11 pornography, aggravated child pornography, aggravated
12 criminal sexual abuse, aggravated criminal sexual assault,
13 predatory criminal sexual assault of a child, or any of
14 the offenses formerly known as rape, deviate sexual
15 assault, indecent liberties with a child, or aggravated
16 indecent liberties with a child where the victim was under
17 the age of 18 years or an offense that is substantially
18 equivalent to those offenses.
19 (W) A violation of Section 24-3.5 of the Criminal Code
20 of 1961 or the Criminal Code of 2012.
21 (X) A violation of subsection (a) of Section 31-1a of
22 the Criminal Code of 1961 or the Criminal Code of 2012.
23 (Y) A conviction for unlawful possession of a firearm
24 by a street gang member when the firearm was loaded or
25 contained firearm ammunition.
26 (Z) A Class 1 felony committed while he or she was
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1 serving a term of probation or conditional discharge for a
2 felony.
3 (AA) Theft of property exceeding $500,000 and not
4 exceeding $1,000,000 in value.
5 (BB) Laundering of criminally derived property of a
6 value exceeding $500,000.
7 (CC) Knowingly selling, offering for sale, holding for
8 sale, or using 2,000 or more counterfeit items or
9 counterfeit items having a retail value in the aggregate
10 of $500,000 or more.
11 (DD) A conviction for aggravated assault under
12 paragraph (6) of subsection (c) of Section 12-2 of the
13 Criminal Code of 1961 or the Criminal Code of 2012 if the
14 firearm is aimed toward the person against whom the
15 firearm is being used.
16 (EE) A conviction for a violation of paragraph (2) of
17 subsection (a) of Section 24-3B of the Criminal Code of
18 2012.
19 (3) (Blank).
20 (4) A minimum term of imprisonment of not less than 10
21 consecutive days or 30 days of community service shall be
22 imposed for a violation of paragraph (c) of Section 6-303 of
23 the Illinois Vehicle Code.
24 (4.1) (Blank).
25 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
26 this subsection (c), a minimum of 100 hours of community
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1 service shall be imposed for a second violation of Section
2 6-303 of the Illinois Vehicle Code.
3 (4.3) A minimum term of imprisonment of 30 days or 300
4 hours of community service, as determined by the court, shall
5 be imposed for a second violation of subsection (c) of Section
6 6-303 of the Illinois Vehicle Code.
7 (4.4) Except as provided in paragraphs (4.5), (4.6), and
8 (4.9) of this subsection (c), a minimum term of imprisonment
9 of 30 days or 300 hours of community service, as determined by
10 the court, shall be imposed for a third or subsequent
11 violation of Section 6-303 of the Illinois Vehicle Code. The
12 court may give credit toward the fulfillment of community
13 service hours for participation in activities and treatment as
14 determined by court services.
15 (4.5) A minimum term of imprisonment of 30 days shall be
16 imposed for a third violation of subsection (c) of Section
17 6-303 of the Illinois Vehicle Code.
18 (4.6) Except as provided in paragraph (4.10) of this
19 subsection (c), a minimum term of imprisonment of 180 days
20 shall be imposed for a fourth or subsequent violation of
21 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
22 (4.7) A minimum term of imprisonment of not less than 30
23 consecutive days, or 300 hours of community service, shall be
24 imposed for a violation of subsection (a-5) of Section 6-303
25 of the Illinois Vehicle Code, as provided in subsection (b-5)
26 of that Section.
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1 (4.8) A mandatory prison sentence shall be imposed for a
2 second violation of subsection (a-5) of Section 6-303 of the
3 Illinois Vehicle Code, as provided in subsection (c-5) of that
4 Section. The person's driving privileges shall be revoked for
5 a period of not less than 5 years from the date of his or her
6 release from prison.
7 (4.9) A mandatory prison sentence of not less than 4 and
8 not more than 15 years shall be imposed for a third violation
9 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
10 Code, as provided in subsection (d-2.5) of that Section. The
11 person's driving privileges shall be revoked for the remainder
12 of his or her life.
13 (4.10) A mandatory prison sentence for a Class 1 felony
14 shall be imposed, and the person shall be eligible for an
15 extended term sentence, for a fourth or subsequent violation
16 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17 Code, as provided in subsection (d-3.5) of that Section. The
18 person's driving privileges shall be revoked for the remainder
19 of his or her life.
20 (5) The court may sentence a corporation or unincorporated
21 association convicted of any offense to:
22 (A) a period of conditional discharge;
23 (B) a fine;
24 (C) make restitution to the victim under Section 5-5-6
25 of this Code.
26 (5.1) In addition to any other penalties imposed, and
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1 except as provided in paragraph (5.2) or (5.3), a person
2 convicted of violating subsection (c) of Section 11-907 of the
3 Illinois Vehicle Code shall have his or her driver's license,
4 permit, or privileges suspended for at least 90 days but not
5 more than one year, if the violation resulted in damage to the
6 property of another person.
7 (5.2) In addition to any other penalties imposed, and
8 except as provided in paragraph (5.3), a person convicted of
9 violating subsection (c) of Section 11-907 of the Illinois
10 Vehicle Code shall have his or her driver's license, permit,
11 or privileges suspended for at least 180 days but not more than
12 2 years, if the violation resulted in injury to another
13 person.
14 (5.3) In addition to any other penalties imposed, a person
15 convicted of violating subsection (c) of Section 11-907 of the
16 Illinois Vehicle Code shall have his or her driver's license,
17 permit, or privileges suspended for 2 years, if the violation
18 resulted in the death of another person.
19 (5.4) In addition to any other penalties imposed, a person
20 convicted of violating Section 3-707 of the Illinois Vehicle
21 Code shall have his or her driver's license, permit, or
22 privileges suspended for 3 months and until he or she has paid
23 a reinstatement fee of $100.
24 (5.5) In addition to any other penalties imposed, a person
25 convicted of violating Section 3-707 of the Illinois Vehicle
26 Code during a period in which his or her driver's license,
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1 permit, or privileges were suspended for a previous violation
2 of that Section shall have his or her driver's license,
3 permit, or privileges suspended for an additional 6 months
4 after the expiration of the original 3-month suspension and
5 until he or she has paid a reinstatement fee of $100.
6 (6) (Blank).
7 (7) (Blank).
8 (8) (Blank).
9 (9) A defendant convicted of a second or subsequent
10 offense of ritualized abuse of a child may be sentenced to a
11 term of natural life imprisonment.
12 (10) (Blank).
13 (11) The court shall impose a minimum fine of $1,000 for a
14 first offense and $2,000 for a second or subsequent offense
15 upon a person convicted of or placed on supervision for
16 battery when the individual harmed was a sports official or
17 coach at any level of competition and the act causing harm to
18 the sports official or coach occurred within an athletic
19 facility or within the immediate vicinity of the athletic
20 facility at which the sports official or coach was an active
21 participant of the athletic contest held at the athletic
22 facility. For the purposes of this paragraph (11), "sports
23 official" means a person at an athletic contest who enforces
24 the rules of the contest, such as an umpire or referee;
25 "athletic facility" means an indoor or outdoor playing field
26 or recreational area where sports activities are conducted;
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1 and "coach" means a person recognized as a coach by the
2 sanctioning authority that conducted the sporting event.
3 (12) A person may not receive a disposition of court
4 supervision for a violation of Section 5-16 of the Boat
5 Registration and Safety Act if that person has previously
6 received a disposition of court supervision for a violation of
7 that Section.
8 (13) A person convicted of or placed on court supervision
9 for an assault or aggravated assault when the victim and the
10 offender are family or household members as defined in Section
11 103 of the Illinois Domestic Violence Act of 1986 or convicted
12 of domestic battery or aggravated domestic battery may be
13 required to attend a Partner Abuse Intervention Program under
14 protocols set forth by the Illinois Department of Human
15 Services under such terms and conditions imposed by the court.
16 The costs of such classes shall be paid by the offender.
17 (d) In any case in which a sentence originally imposed is
18 vacated, the case shall be remanded to the trial court. The
19 trial court shall hold a hearing under Section 5-4-1 of this
20 Code which may include evidence of the defendant's life, moral
21 character and occupation during the time since the original
22 sentence was passed. The trial court shall then impose
23 sentence upon the defendant. The trial court may impose any
24 sentence which could have been imposed at the original trial
25 subject to Section 5-5-4 of this Code. If a sentence is vacated
26 on appeal or on collateral attack due to the failure of the
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1 trier of fact at trial to determine beyond a reasonable doubt
2 the existence of a fact (other than a prior conviction)
3 necessary to increase the punishment for the offense beyond
4 the statutory maximum otherwise applicable, either the
5 defendant may be re-sentenced to a term within the range
6 otherwise provided or, if the State files notice of its
7 intention to again seek the extended sentence, the defendant
8 shall be afforded a new trial.
9 (e) In cases where prosecution for aggravated criminal
10 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
11 Code of 1961 or the Criminal Code of 2012 results in conviction
12 of a defendant who was a family member of the victim at the
13 time of the commission of the offense, the court shall
14 consider the safety and welfare of the victim and may impose a
15 sentence of probation only where:
16 (1) the court finds (A) or (B) or both are
17 appropriate:
18 (A) the defendant is willing to undergo a court
19 approved counseling program for a minimum duration of
20 2 years; or
21 (B) the defendant is willing to participate in a
22 court approved plan, including, but not limited to,
23 the defendant's:
24 (i) removal from the household;
25 (ii) restricted contact with the victim;
26 (iii) continued financial support of the
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1 family;
2 (iv) restitution for harm done to the victim;
3 and
4 (v) compliance with any other measures that
5 the court may deem appropriate; and
6 (2) the court orders the defendant to pay for the
7 victim's counseling services, to the extent that the court
8 finds, after considering the defendant's income and
9 assets, that the defendant is financially capable of
10 paying for such services, if the victim was under 18 years
11 of age at the time the offense was committed and requires
12 counseling as a result of the offense.
13 Probation may be revoked or modified pursuant to Section
14 5-6-4; except where the court determines at the hearing that
15 the defendant violated a condition of his or her probation
16 restricting contact with the victim or other family members or
17 commits another offense with the victim or other family
18 members, the court shall revoke the defendant's probation and
19 impose a term of imprisonment.
20 For the purposes of this Section, "family member" and
21 "victim" shall have the meanings ascribed to them in Section
22 11-0.1 of the Criminal Code of 2012.
23 (f) (Blank).
24 (g) Whenever a defendant is convicted of an offense under
25 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
26 11-14.3, 11-14.4 except for an offense that involves keeping a
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1 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
3 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
4 Criminal Code of 2012, the defendant shall undergo medical
5 testing to determine whether the defendant has any sexually
6 transmissible disease, including a test for infection with
7 human immunodeficiency virus (HIV) or any other identified
8 causative agent of acquired immunodeficiency syndrome (AIDS).
9 Any such medical test shall be performed only by appropriately
10 licensed medical practitioners and may include an analysis of
11 any bodily fluids as well as an examination of the defendant's
12 person. Except as otherwise provided by law, the results of
13 such test shall be kept strictly confidential by all medical
14 personnel involved in the testing and must be personally
15 delivered in a sealed envelope to the judge of the court in
16 which the conviction was entered for the judge's inspection in
17 camera. Acting in accordance with the best interests of the
18 victim and the public, the judge shall have the discretion to
19 determine to whom, if anyone, the results of the testing may be
20 revealed. The court shall notify the defendant of the test
21 results. The court shall also notify the victim if requested
22 by the victim, and if the victim is under the age of 15 and if
23 requested by the victim's parents or legal guardian, the court
24 shall notify the victim's parents or legal guardian of the
25 test results. The court shall provide information on the
26 availability of HIV testing and counseling at Department of
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1 Public Health facilities to all parties to whom the results of
2 the testing are revealed and shall direct the State's Attorney
3 to provide the information to the victim when possible. The
4 court shall order that the cost of any such test shall be paid
5 by the county and may be taxed as costs against the convicted
6 defendant.
7 (g-5) When an inmate is tested for an airborne
8 communicable disease, as determined by the Illinois Department
9 of Public Health, including, but not limited to, tuberculosis,
10 the results of the test shall be personally delivered by the
11 warden or his or her designee in a sealed envelope to the judge
12 of the court in which the inmate must appear for the judge's
13 inspection in camera if requested by the judge. Acting in
14 accordance with the best interests of those in the courtroom,
15 the judge shall have the discretion to determine what if any
16 precautions need to be taken to prevent transmission of the
17 disease in the courtroom.
18 (h) Whenever a defendant is convicted of an offense under
19 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
20 defendant shall undergo medical testing to determine whether
21 the defendant has been exposed to human immunodeficiency virus
22 (HIV) or any other identified causative agent of acquired
23 immunodeficiency syndrome (AIDS). Except as otherwise provided
24 by law, the results of such test shall be kept strictly
25 confidential by all medical personnel involved in the testing
26 and must be personally delivered in a sealed envelope to the
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1 judge of the court in which the conviction was entered for the
2 judge's inspection in camera. Acting in accordance with the
3 best interests of the public, the judge shall have the
4 discretion to determine to whom, if anyone, the results of the
5 testing may be revealed. The court shall notify the defendant
6 of a positive test showing an infection with the human
7 immunodeficiency virus (HIV). The court shall provide
8 information on the availability of HIV testing and counseling
9 at Department of Public Health facilities to all parties to
10 whom the results of the testing are revealed and shall direct
11 the State's Attorney to provide the information to the victim
12 when possible. The court shall order that the cost of any such
13 test shall be paid by the county and may be taxed as costs
14 against the convicted defendant.
15 (i) All fines and penalties imposed under this Section for
16 any violation of Chapters 3, 4, 6, and 11 of the Illinois
17 Vehicle Code, or a similar provision of a local ordinance, and
18 any violation of the Child Passenger Protection Act, or a
19 similar provision of a local ordinance, shall be collected and
20 disbursed by the circuit clerk as provided under the Criminal
21 and Traffic Assessment Act.
22 (j) In cases when prosecution for any violation of Section
23 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
24 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
25 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
26 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
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1 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
2 Code of 2012, any violation of the Illinois Controlled
3 Substances Act, any violation of the Cannabis Control Act, or
4 any violation of the Methamphetamine Control and Community
5 Protection Act results in conviction, a disposition of court
6 supervision, or an order of probation granted under Section 10
7 of the Cannabis Control Act, Section 410 of the Illinois
8 Controlled Substances Act, or Section 70 of the
9 Methamphetamine Control and Community Protection Act of a
10 defendant, the court shall determine whether the defendant is
11 employed by a facility or center as defined under the Child
12 Care Act of 1969, a public or private elementary or secondary
13 school, or otherwise works with children under 18 years of age
14 on a daily basis. When a defendant is so employed, the court
15 shall order the Clerk of the Court to send a copy of the
16 judgment of conviction or order of supervision or probation to
17 the defendant's employer by certified mail. If the employer of
18 the defendant is a school, the Clerk of the Court shall direct
19 the mailing of a copy of the judgment of conviction or order of
20 supervision or probation to the appropriate regional
21 superintendent of schools. The regional superintendent of
22 schools shall notify the State Board of Education of any
23 notification under this subsection.
24 (j-5) A defendant at least 17 years of age who is convicted
25 of a felony and who has not been previously convicted of a
26 misdemeanor or felony and who is sentenced to a term of
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1 imprisonment in the Illinois Department of Corrections shall
2 as a condition of his or her sentence be required by the court
3 to attend educational courses designed to prepare the
4 defendant for a high school diploma and to work toward a high
5 school diploma or to work toward passing high school
6 equivalency testing or to work toward completing a vocational
7 training program offered by the Department of Corrections. If
8 a defendant fails to complete the educational training
9 required by his or her sentence during the term of
10 incarceration, the Prisoner Review Board shall, as a condition
11 of mandatory supervised release, require the defendant, at his
12 or her own expense, to pursue a course of study toward a high
13 school diploma or passage of high school equivalency testing.
14 The Prisoner Review Board shall revoke the mandatory
15 supervised release of a defendant who wilfully fails to comply
16 with this subsection (j-5) upon his or her release from
17 confinement in a penal institution while serving a mandatory
18 supervised release term; however, the inability of the
19 defendant after making a good faith effort to obtain financial
20 aid or pay for the educational training shall not be deemed a
21 wilful failure to comply. The Prisoner Review Board shall
22 recommit the defendant whose mandatory supervised release term
23 has been revoked under this subsection (j-5) as provided in
24 Section 3-3-9. This subsection (j-5) does not apply to a
25 defendant who has a high school diploma or has successfully
26 passed high school equivalency testing. This subsection (j-5)
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1 does not apply to a defendant who is determined by the court to
2 be a person with a developmental disability or otherwise
3 mentally incapable of completing the educational or vocational
4 program.
5 (k) (Blank).
6 (l) (A) Except as provided in paragraph (C) of subsection
7 (l), whenever a defendant, who is not a citizen or national of
8 the United States, is convicted of any felony or misdemeanor
9 offense, the court after sentencing the defendant may, upon
10 motion of the State's Attorney, hold sentence in abeyance and
11 remand the defendant to the custody of the Attorney General of
12 the United States or his or her designated agent to be deported
13 when:
14 (1) a final order of deportation has been issued
15 against the defendant pursuant to proceedings under the
16 Immigration and Nationality Act, and
17 (2) the deportation of the defendant would not
18 deprecate the seriousness of the defendant's conduct and
19 would not be inconsistent with the ends of justice.
20 Otherwise, the defendant shall be sentenced as provided in
21 this Chapter V.
22 (B) If the defendant has already been sentenced for a
23 felony or misdemeanor offense, or has been placed on probation
24 under Section 10 of the Cannabis Control Act, Section 410 of
25 the Illinois Controlled Substances Act, or Section 70 of the
26 Methamphetamine Control and Community Protection Act, the
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1 court may, upon motion of the State's Attorney to suspend the
2 sentence imposed, commit the defendant to the custody of the
3 Attorney General of the United States or his or her designated
4 agent when:
5 (1) a final order of deportation has been issued
6 against the defendant pursuant to proceedings under the
7 Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct and
10 would not be inconsistent with the ends of justice.
11 (C) This subsection (l) does not apply to offenders who
12 are subject to the provisions of paragraph (2) of subsection
13 (a) of Section 3-6-3.
14 (D) Upon motion of the State's Attorney, if a defendant
15 sentenced under this Section returns to the jurisdiction of
16 the United States, the defendant shall be recommitted to the
17 custody of the county from which he or she was sentenced.
18 Thereafter, the defendant shall be brought before the
19 sentencing court, which may impose any sentence that was
20 available under Section 5-5-3 at the time of initial
21 sentencing. In addition, the defendant shall not be eligible
22 for additional earned sentence credit as provided under
23 Section 3-6-3.
24 (m) A person convicted of criminal defacement of property
25 under Section 21-1.3 of the Criminal Code of 1961 or the
26 Criminal Code of 2012, in which the property damage exceeds
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1 $300 and the property damaged is a school building, shall be
2 ordered to perform community service that may include cleanup,
3 removal, or painting over the defacement.
4 (n) The court may sentence a person convicted of a
5 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7 of 1961 or the Criminal Code of 2012 (i) to an impact
8 incarceration program if the person is otherwise eligible for
9 that program under Section 5-8-1.1, (ii) to community service,
10 or (iii) if the person has a substance use disorder, as defined
11 in the Substance Use Disorder Act, to a treatment program
12 licensed under that Act.
13 (o) Whenever a person is convicted of a sex offense as
14 defined in Section 2 of the Sex Offender Registration Act, the
15 defendant's driver's license or permit shall be subject to
16 renewal on an annual basis in accordance with the provisions
17 of license renewal established by the Secretary of State.
18 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
19 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
20 5-27-22.)
21 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
22 (Text of Section before amendment by P.A. 102-982)
23 Sec. 5-8-4. Concurrent and consecutive terms of
24 imprisonment.
25 (a) Concurrent terms; multiple or additional sentences.
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1 When an Illinois court (i) imposes multiple sentences of
2 imprisonment on a defendant at the same time or (ii) imposes a
3 sentence of imprisonment on a defendant who is already subject
4 to a sentence of imprisonment imposed by an Illinois court, a
5 court of another state, or a federal court, then the sentences
6 shall run concurrently unless otherwise determined by the
7 Illinois court under this Section.
8 (b) Concurrent terms; misdemeanor and felony. A defendant
9 serving a sentence for a misdemeanor who is convicted of a
10 felony and sentenced to imprisonment shall be transferred to
11 the Department of Corrections, and the misdemeanor sentence
12 shall be merged in and run concurrently with the felony
13 sentence.
14 (c) Consecutive terms; permissive. The court may impose
15 consecutive sentences in any of the following circumstances:
16 (1) If, having regard to the nature and circumstances
17 of the offense and the history and character of the
18 defendant, it is the opinion of the court that consecutive
19 sentences are required to protect the public from further
20 criminal conduct by the defendant, the basis for which the
21 court shall set forth in the record.
22 (2) If one of the offenses for which a defendant was
23 convicted was a violation of Section 32-5.2 (aggravated
24 false personation of a peace officer) of the Criminal Code
25 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
26 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
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1 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
2 offense was committed in attempting or committing a
3 forcible felony.
4 (3) If a person charged with a felony commits a
5 separate felony while on pretrial release or in pretrial
6 detention in a county jail facility or county detention
7 facility, then the sentences imposed upon conviction of
8 these felonies may be served consecutively regardless of
9 the order in which the judgments of conviction are
10 entered.
11 (4) If a person commits a battery against a county
12 correctional officer or sheriff's employee while serving a
13 sentence or in pretrial detention in a county jail
14 facility, then the sentence imposed upon conviction of the
15 battery may be served consecutively with the sentence
16 imposed upon conviction of the earlier misdemeanor or
17 felony, regardless of the order in which the judgments of
18 conviction are entered.
19 (5) If a person admitted to pretrial release following
20 conviction of a felony commits a separate felony while
21 released pretrial or if a person detained in a county jail
22 facility or county detention facility following conviction
23 of a felony commits a separate felony while in detention,
24 then any sentence following conviction of the separate
25 felony may be consecutive to that of the original sentence
26 for which the defendant was released pretrial or detained.
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1 (6) If a person is found to be in possession of an item
2 of contraband, as defined in Section 31A-0.1 of the
3 Criminal Code of 2012, while serving a sentence in a
4 county jail or while in pretrial detention in a county
5 jail, the sentence imposed upon conviction for the offense
6 of possessing contraband in a penal institution may be
7 served consecutively to the sentence imposed for the
8 offense for which the person is serving a sentence in the
9 county jail or while in pretrial detention, regardless of
10 the order in which the judgments of conviction are
11 entered.
12 (7) If a person is sentenced for a violation of a
13 condition of pretrial release under Section 32-10 of the
14 Criminal Code of 1961 or the Criminal Code of 2012, any
15 sentence imposed for that violation may be served
16 consecutive to the sentence imposed for the charge for
17 which pretrial release had been granted and with respect
18 to which the defendant has been convicted.
19 (d) Consecutive terms; mandatory. The court shall impose
20 consecutive sentences in each of the following circumstances:
21 (1) One of the offenses for which the defendant was
22 convicted was first degree murder or a Class X or Class 1
23 felony and the defendant inflicted severe bodily injury.
24 (2) The defendant was convicted of a violation of
25 Section 11-1.20 or 12-13 (criminal sexual assault),
26 11-1.30 or 12-14 (aggravated criminal sexual assault), or
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1 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
2 child) of the Criminal Code of 1961 or the Criminal Code of
3 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
4 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5 5/12-14.1).
6 (2.5) The defendant was convicted of a violation of
7 paragraph (1), (2), (3), (4), (5), or (7) of subsection
8 (a) of Section 11-20.1 (child pornography) or of paragraph
9 (1), (2), (3), (4), (5), or (7) of subsection (a) of
10 Section 11-20.1B or 11-20.3 (aggravated child pornography)
11 of the Criminal Code of 1961 or the Criminal Code of 2012;
12 or the defendant was convicted of a violation of paragraph
13 (6) of subsection (a) of Section 11-20.1 (child
14 pornography) or of paragraph (6) of subsection (a) of
15 Section 11-20.1B or 11-20.3 (aggravated child pornography)
16 of the Criminal Code of 1961 or the Criminal Code of 2012,
17 when the child depicted is under the age of 13.
18 (3) The defendant was convicted of armed violence
19 based upon the predicate offense of any of the following:
20 solicitation of murder, solicitation of murder for hire,
21 heinous battery as described in Section 12-4.1 or
22 subdivision (a)(2) of Section 12-3.05, aggravated battery
23 of a senior citizen as described in Section 12-4.6 or
24 subdivision (a)(4) of Section 12-3.05, criminal sexual
25 assault, a violation of subsection (g) of Section 5 of the
26 Cannabis Control Act (720 ILCS 550/5), cannabis
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1 trafficking, a violation of subsection (a) of Section 401
2 of the Illinois Controlled Substances Act (720 ILCS
3 570/401), controlled substance trafficking involving a
4 Class X felony amount of controlled substance under
5 Section 401 of the Illinois Controlled Substances Act (720
6 ILCS 570/401), a violation of the Methamphetamine Control
7 and Community Protection Act (720 ILCS 646/), calculated
8 criminal drug conspiracy, or streetgang criminal drug
9 conspiracy.
10 (4) The defendant was convicted of the offense of
11 leaving the scene of a motor vehicle accident involving
12 death or personal injuries under Section 11-401 of the
13 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
14 aggravated driving under the influence of alcohol, other
15 drug or drugs, or intoxicating compound or compounds, or
16 any combination thereof under Section 11-501 of the
17 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
18 homicide under Section 9-3 of the Criminal Code of 1961 or
19 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
20 offense described in item (A) and an offense described in
21 item (B).
22 (5) The defendant was convicted of a violation of
23 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
24 death) or Section 12-20.5 (dismembering a human body) of
25 the Criminal Code of 1961 or the Criminal Code of 2012 (720
26 ILCS 5/9-3.1 or 5/12-20.5).
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1 (5.5) The defendant was convicted of a violation of
2 Section 24-3.7 (use of a stolen firearm in the commission
3 of an offense) of the Criminal Code of 1961 or the Criminal
4 Code of 2012.
5 (6) If the defendant was in the custody of the
6 Department of Corrections at the time of the commission of
7 the offense, the sentence shall be served consecutive to
8 the sentence under which the defendant is held by the
9 Department of Corrections.
10 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
11 for escape or attempted escape shall be served consecutive
12 to the terms under which the offender is held by the
13 Department of Corrections.
14 (8) (Blank).
15 (8.5) (Blank).
16 (9) (Blank).
17 (10) (Blank).
18 (11) (Blank).
19 (e) Consecutive terms; subsequent non-Illinois term. If an
20 Illinois court has imposed a sentence of imprisonment on a
21 defendant and the defendant is subsequently sentenced to a
22 term of imprisonment by a court of another state or a federal
23 court, then the Illinois sentence shall run consecutively to
24 the sentence imposed by the court of the other state or the
25 federal court. That same Illinois court, however, may order
26 that the Illinois sentence run concurrently with the sentence
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1 imposed by the court of the other state or the federal court,
2 but only if the defendant applies to that same Illinois court
3 within 30 days after the sentence imposed by the court of the
4 other state or the federal court is finalized.
5 (f) Consecutive terms; aggregate maximums and minimums.
6 The aggregate maximum and aggregate minimum of consecutive
7 sentences shall be determined as follows:
8 (1) For sentences imposed under law in effect prior to
9 February 1, 1978, the aggregate maximum of consecutive
10 sentences shall not exceed the maximum term authorized
11 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
12 Chapter V for the 2 most serious felonies involved. The
13 aggregate minimum period of consecutive sentences shall
14 not exceed the highest minimum term authorized under
15 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
16 V for the 2 most serious felonies involved. When sentenced
17 only for misdemeanors, a defendant shall not be
18 consecutively sentenced to more than the maximum for one
19 Class A misdemeanor.
20 (2) For sentences imposed under the law in effect on
21 or after February 1, 1978, the aggregate of consecutive
22 sentences for offenses that were committed as part of a
23 single course of conduct during which there was no
24 substantial change in the nature of the criminal objective
25 shall not exceed the sum of the maximum terms authorized
26 under Article 4.5 of Chapter V for the 2 most serious
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1 felonies involved, but no such limitation shall apply for
2 offenses that were not committed as part of a single
3 course of conduct during which there was no substantial
4 change in the nature of the criminal objective. When
5 sentenced only for misdemeanors, a defendant shall not be
6 consecutively sentenced to more than the maximum for one
7 Class A misdemeanor.
8 (g) Consecutive terms; manner served. In determining the
9 manner in which consecutive sentences of imprisonment, one or
10 more of which is for a felony, will be served, the Department
11 of Corrections shall treat the defendant as though he or she
12 had been committed for a single term subject to each of the
13 following:
14 (1) The maximum period of a term of imprisonment shall
15 consist of the aggregate of the maximums of the imposed
16 indeterminate terms, if any, plus the aggregate of the
17 imposed determinate sentences for felonies, plus the
18 aggregate of the imposed determinate sentences for
19 misdemeanors, subject to subsection (f) of this Section.
20 (2) The parole or mandatory supervised release term
21 shall be as provided in paragraph (e) of Section 5-4.5-50
22 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
23 involved.
24 (3) The minimum period of imprisonment shall be the
25 aggregate of the minimum and determinate periods of
26 imprisonment imposed by the court, subject to subsection
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1 (f) of this Section.
2 (4) The defendant shall be awarded credit against the
3 aggregate maximum term and the aggregate minimum term of
4 imprisonment for all time served in an institution since
5 the commission of the offense or offenses and as a
6 consequence thereof at the rate specified in Section 3-6-3
7 (730 ILCS 5/3-6-3).
8 (h) Notwithstanding any other provisions of this Section,
9 all sentences imposed by an Illinois court under this Code
10 shall run concurrent to any and all sentences imposed under
11 the Juvenile Court Act of 1987.
12 (Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
13 (Text of Section after amendment by P.A. 102-982)
14 Sec. 5-8-4. Concurrent and consecutive terms of
15 imprisonment.
16 (a) Concurrent terms; multiple or additional sentences.
17 When an Illinois court (i) imposes multiple sentences of
18 imprisonment on a defendant at the same time or (ii) imposes a
19 sentence of imprisonment on a defendant who is already subject
20 to a sentence of imprisonment imposed by an Illinois court, a
21 court of another state, or a federal court, then the sentences
22 shall run concurrently unless otherwise determined by the
23 Illinois court under this Section.
24 (b) Concurrent terms; misdemeanor and felony. A defendant
25 serving a sentence for a misdemeanor who is convicted of a
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1 felony and sentenced to imprisonment shall be transferred to
2 the Department of Corrections, and the misdemeanor sentence
3 shall be merged in and run concurrently with the felony
4 sentence.
5 (c) Consecutive terms; permissive. The court may impose
6 consecutive sentences in any of the following circumstances:
7 (1) If, having regard to the nature and circumstances
8 of the offense and the history and character of the
9 defendant, it is the opinion of the court that consecutive
10 sentences are required to protect the public from further
11 criminal conduct by the defendant, the basis for which the
12 court shall set forth in the record.
13 (2) If one of the offenses for which a defendant was
14 convicted was a violation of Section 32-5.2 (aggravated
15 false personation of a peace officer) of the Criminal Code
16 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
17 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
18 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
19 offense was committed in attempting or committing a
20 forcible felony.
21 (3) If a person charged with a felony commits a
22 separate felony while on pretrial release or in pretrial
23 detention in a county jail facility or county detention
24 facility, then the sentences imposed upon conviction of
25 these felonies may be served consecutively regardless of
26 the order in which the judgments of conviction are
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1 entered.
2 (4) If a person commits a battery against a county
3 correctional officer or sheriff's employee while serving a
4 sentence or in pretrial detention in a county jail
5 facility, then the sentence imposed upon conviction of the
6 battery may be served consecutively with the sentence
7 imposed upon conviction of the earlier misdemeanor or
8 felony, regardless of the order in which the judgments of
9 conviction are entered.
10 (5) If a person admitted to pretrial release following
11 conviction of a felony commits a separate felony while
12 released pretrial or if a person detained in a county jail
13 facility or county detention facility following conviction
14 of a felony commits a separate felony while in detention,
15 then any sentence following conviction of the separate
16 felony may be consecutive to that of the original sentence
17 for which the defendant was released pretrial or detained.
18 (6) If a person is found to be in possession of an item
19 of contraband, as defined in Section 31A-0.1 of the
20 Criminal Code of 2012, while serving a sentence in a
21 county jail or while in pretrial detention in a county
22 jail, the sentence imposed upon conviction for the offense
23 of possessing contraband in a penal institution may be
24 served consecutively to the sentence imposed for the
25 offense for which the person is serving a sentence in the
26 county jail or while in pretrial detention, regardless of
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1 the order in which the judgments of conviction are
2 entered.
3 (7) If a person is sentenced for a violation of a
4 condition of pretrial release under Section 32-10 of the
5 Criminal Code of 1961 or the Criminal Code of 2012, any
6 sentence imposed for that violation may be served
7 consecutive to the sentence imposed for the charge for
8 which pretrial release had been granted and with respect
9 to which the defendant has been convicted.
10 (d) Consecutive terms; mandatory. The court shall impose
11 consecutive sentences in each of the following circumstances:
12 (1) One of the offenses for which the defendant was
13 convicted was first degree murder or a Class X or Class 1
14 felony and the defendant inflicted severe bodily injury.
15 (2) The defendant was convicted of a violation of
16 Section 11-1.20 or 12-13 (criminal sexual assault),
17 11-1.30 or 12-14 (aggravated criminal sexual assault), or
18 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
19 child) of the Criminal Code of 1961 or the Criminal Code of
20 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
21 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
22 5/12-14.1).
23 (2.5) The defendant was convicted of a violation of
24 paragraph (1), (2), (3), (4), (5), or (7) of subsection
25 (a) of Section 11-20.1 (child pornography) or of paragraph
26 (1), (2), (3), (4), (5), or (7) of subsection (a) of
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1 Section 11-20.1B or 11-20.3 (aggravated child pornography)
2 of the Criminal Code of 1961 or the Criminal Code of 2012;
3 or the defendant was convicted of a violation of paragraph
4 (6) of subsection (a) of Section 11-20.1 (child
5 pornography) or of paragraph (6) of subsection (a) of
6 Section 11-20.1B or 11-20.3 (aggravated child pornography)
7 of the Criminal Code of 1961 or the Criminal Code of 2012,
8 when the child depicted is under the age of 13.
9 (3) The defendant was convicted of armed violence
10 based upon the predicate offense of any of the following:
11 solicitation of murder, solicitation of murder for hire,
12 heinous battery as described in Section 12-4.1 or
13 subdivision (a)(2) of Section 12-3.05, aggravated battery
14 of a senior citizen as described in Section 12-4.6 or
15 subdivision (a)(4) of Section 12-3.05, criminal sexual
16 assault, a violation of subsection (g) of Section 5 of the
17 Cannabis Control Act (720 ILCS 550/5), cannabis
18 trafficking, a violation of subsection (a) of Section 401
19 of the Illinois Controlled Substances Act (720 ILCS
20 570/401), controlled substance trafficking involving a
21 Class X felony amount of controlled substance under
22 Section 401 of the Illinois Controlled Substances Act (720
23 ILCS 570/401), a violation of the Methamphetamine Control
24 and Community Protection Act (720 ILCS 646/), calculated
25 criminal drug conspiracy, or streetgang criminal drug
26 conspiracy.
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1 (4) The defendant was convicted of the offense of
2 leaving the scene of a motor vehicle crash involving death
3 or personal injuries under Section 11-401 of the Illinois
4 Vehicle Code (625 ILCS 5/11-401) and either: (A)
5 aggravated driving under the influence of alcohol, other
6 drug or drugs, or intoxicating compound or compounds, or
7 any combination thereof under Section 11-501 of the
8 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
9 homicide under Section 9-3 of the Criminal Code of 1961 or
10 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
11 offense described in item (A) and an offense described in
12 item (B).
13 (5) The defendant was convicted of a violation of
14 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
15 death) or Section 12-20.5 (dismembering a human body) of
16 the Criminal Code of 1961 or the Criminal Code of 2012 (720
17 ILCS 5/9-3.1 or 5/12-20.5).
18 (5.5) The defendant was convicted of a violation of
19 Section 24-3.7 (use of a stolen or illegally acquired
20 firearm in the commission of an offense) of the Criminal
21 Code of 1961 or the Criminal Code of 2012.
22 (6) If the defendant was in the custody of the
23 Department of Corrections at the time of the commission of
24 the offense, the sentence shall be served consecutive to
25 the sentence under which the defendant is held by the
26 Department of Corrections.
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1 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
2 for escape or attempted escape shall be served consecutive
3 to the terms under which the offender is held by the
4 Department of Corrections.
5 (8) (Blank).
6 (8.5) (Blank).
7 (9) (Blank).
8 (10) (Blank).
9 (11) (Blank).
10 (e) Consecutive terms; subsequent non-Illinois term. If an
11 Illinois court has imposed a sentence of imprisonment on a
12 defendant and the defendant is subsequently sentenced to a
13 term of imprisonment by a court of another state or a federal
14 court, then the Illinois sentence shall run consecutively to
15 the sentence imposed by the court of the other state or the
16 federal court. That same Illinois court, however, may order
17 that the Illinois sentence run concurrently with the sentence
18 imposed by the court of the other state or the federal court,
19 but only if the defendant applies to that same Illinois court
20 within 30 days after the sentence imposed by the court of the
21 other state or the federal court is finalized.
22 (f) Consecutive terms; aggregate maximums and minimums.
23 The aggregate maximum and aggregate minimum of consecutive
24 sentences shall be determined as follows:
25 (1) For sentences imposed under law in effect prior to
26 February 1, 1978, the aggregate maximum of consecutive
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1 sentences shall not exceed the maximum term authorized
2 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
3 Chapter V for the 2 most serious felonies involved. The
4 aggregate minimum period of consecutive sentences shall
5 not exceed the highest minimum term authorized under
6 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
7 V for the 2 most serious felonies involved. When sentenced
8 only for misdemeanors, a defendant shall not be
9 consecutively sentenced to more than the maximum for one
10 Class A misdemeanor.
11 (2) For sentences imposed under the law in effect on
12 or after February 1, 1978, the aggregate of consecutive
13 sentences for offenses that were committed as part of a
14 single course of conduct during which there was no
15 substantial change in the nature of the criminal objective
16 shall not exceed the sum of the maximum terms authorized
17 under Article 4.5 of Chapter V for the 2 most serious
18 felonies involved, but no such limitation shall apply for
19 offenses that were not committed as part of a single
20 course of conduct during which there was no substantial
21 change in the nature of the criminal objective. When
22 sentenced only for misdemeanors, a defendant shall not be
23 consecutively sentenced to more than the maximum for one
24 Class A misdemeanor.
25 (g) Consecutive terms; manner served. In determining the
26 manner in which consecutive sentences of imprisonment, one or
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1 more of which is for a felony, will be served, the Department
2 of Corrections shall treat the defendant as though he or she
3 had been committed for a single term subject to each of the
4 following:
5 (1) The maximum period of a term of imprisonment shall
6 consist of the aggregate of the maximums of the imposed
7 indeterminate terms, if any, plus the aggregate of the
8 imposed determinate sentences for felonies, plus the
9 aggregate of the imposed determinate sentences for
10 misdemeanors, subject to subsection (f) of this Section.
11 (2) The parole or mandatory supervised release term
12 shall be as provided in paragraph (e) of Section 5-4.5-50
13 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
14 involved.
15 (3) The minimum period of imprisonment shall be the
16 aggregate of the minimum and determinate periods of
17 imprisonment imposed by the court, subject to subsection
18 (f) of this Section.
19 (4) The defendant shall be awarded credit against the
20 aggregate maximum term and the aggregate minimum term of
21 imprisonment for all time served in an institution since
22 the commission of the offense or offenses and as a
23 consequence thereof at the rate specified in Section 3-6-3
24 (730 ILCS 5/3-6-3).
25 (h) Notwithstanding any other provisions of this Section,
26 all sentences imposed by an Illinois court under this Code
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1 shall run concurrent to any and all sentences imposed under
2 the Juvenile Court Act of 1987.
3 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
4 102-1104, eff. 12-6-22.)
5 Section 995. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i) the
10 changes made by this Act or (ii) provisions derived from any
11 other Public Act.
12 Section 999. Effective date. This Section and Sections 95
13 and 100 take effect upon becoming law.
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
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HB2956 - 122 - LRB103 25548 RLC 51897 b
1 INDEX
2 Statutes amended in order of appearance
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HB2956 - 122 - LRB103 25548 RLC 51897 b
1 INDEX
2 Statutes amended in order of appearance
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