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Illinois House Bill HB3762

Illinois 2023-2024 Regular Session

Illinois House Bill HB3762 Compare Versions

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1-Public Act 103-0051
21 HB3762 EnrolledLRB103 29450 RLC 55842 b HB3762 Enrolled LRB103 29450 RLC 55842 b
32 HB3762 Enrolled LRB103 29450 RLC 55842 b
4-AN ACT concerning criminal law.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Counties Code is amended by changing
8-Section 3-4011 as follows:
9-(55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
10-Sec. 3-4011. Expenses and legal services for indigent
11-defendants in felony cases. It shall be the duty of the county
12-board in counties containing fewer than 500,000 inhabitants to
13-appropriate a sufficient sum for the purpose of paying for the
14-legal services necessarily rendered for the defense of
15-indigent persons in felony cases, and for costs, expenses and
16-legal services necessary in the prosecution of an appeal when
17-the sentence is death, which is to be paid upon the orders of a
18-court of competent jurisdiction. It shall likewise be the duty
19-of the county board in counties containing fewer than 500,000
20-inhabitants to appropriate a sufficient sum for the payment of
21-out of pocket expenses necessarily incurred by appointed
22-counsel in the prosecution of an appeal on behalf of an
23-indigent incarcerated defendant in felony cases. In such cases
24-payment shall be made upon the order of the reviewing court.
25-(Source: P.A. 86-962.)
3+1 AN ACT concerning criminal law.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Counties Code is amended by changing
7+5 Section 3-4011 as follows:
8+6 (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
9+7 Sec. 3-4011. Expenses and legal services for indigent
10+8 defendants in felony cases. It shall be the duty of the county
11+9 board in counties containing fewer than 500,000 inhabitants to
12+10 appropriate a sufficient sum for the purpose of paying for the
13+11 legal services necessarily rendered for the defense of
14+12 indigent persons in felony cases, and for costs, expenses and
15+13 legal services necessary in the prosecution of an appeal when
16+14 the sentence is death, which is to be paid upon the orders of a
17+15 court of competent jurisdiction. It shall likewise be the duty
18+16 of the county board in counties containing fewer than 500,000
19+17 inhabitants to appropriate a sufficient sum for the payment of
20+18 out of pocket expenses necessarily incurred by appointed
21+19 counsel in the prosecution of an appeal on behalf of an
22+20 indigent incarcerated defendant in felony cases. In such cases
23+21 payment shall be made upon the order of the reviewing court.
24+22 (Source: P.A. 86-962.)
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2928 HB3762 Enrolled LRB103 29450 RLC 55842 b
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32-Section 10. The School Code is amended by changing Section
33-21B-85 as follows:
34-(105 ILCS 5/21B-85)
35-Sec. 21B-85. Conviction of felony.
36-(a) Whenever the holder of any license issued under this
37-Article is employed by the school board of a school district,
38-including a special charter district or a school district
39-organized under Article 34 of this Code, and is convicted,
40-either after a bench trial, trial by jury, or plea of guilty,
41-of any offense for which a sentence to death or a term of
42-imprisonment in a penitentiary for one year or more is
43-provided, the school board shall promptly notify the State
44-Superintendent of Education, in writing, of the name of the
45-license holder, the fact of the conviction, and the name and
46-location of the court in which the conviction occurred.
47-(b) Whenever the school board of a school district,
48-including a special charter district or a school district
49-organized under Article 34 of this Code, learns that any
50-person who is a teacher, as that term is defined in Section
51-16-106 of the Illinois Pension Code, has been convicted,
52-either after a bench trial, trial by jury, or plea of guilty,
53-of any offense for which a sentence to death or a term of
54-imprisonment in a penitentiary for one year or more is
55-provided, the school board shall promptly notify, in writing,
56-the board of trustees of the Teachers' Retirement System of
57-
58-
59-the State of Illinois and the board of trustees of the Public
60-School Teachers' Pension and Retirement Fund of the City of
61-Chicago of the name of the license holder, the fact of the
62-conviction, the name and location of the court in which the
63-conviction occurred, and the number assigned in that court to
64-the case in which the conviction occurred.
65-(Source: P.A. 102-552, eff. 1-1-22.)
66-Section 15. The Illinois Public Aid Code is amended by
67-changing Section 1-8 as follows:
68-(305 ILCS 5/1-8)
69-Sec. 1-8. Fugitives ineligible.
70-(a) The following persons are not eligible for aid under
71-this Code, or federal food stamps or federal food stamp
72-benefits:
73-(1) A person who has fled from the jurisdiction of any
74-court of record of this or any other state or of the United
75-States to avoid prosecution for a felony or to avoid
76-giving testimony in any criminal proceeding involving the
77-alleged commission of a felony.
78-(2) A person who has fled to avoid imprisonment in a
79-correctional facility of this or any other state or the
80-United States for having committed a felony.
81-(3) A person who has escaped from a correctional
82-facility of this or any other state or the United States if
83-
84-
85-the person was incarcerated for having committed a felony.
86-(4) A person who is violating a condition of probation
87-or parole imposed under federal or State law.
88-In this Section, "felony" means a violation of a penal
89-statute of this or any other state or the United States for
90-which a sentence to death or to a term of imprisonment in a
91-penitentiary for one year or more is provided or in which the
92-death penalty may be imposed in another state.
93-To implement this Section, the Illinois Department may
94-exchange necessary information with an appropriate law
95-enforcement agency of this or any other state, a political
96-subdivision of this or any other state, or the United States.
97-(b) (Blank).
98-(Source: P.A. 92-111, eff. 1-1-02.)
99-Section 20. The Criminal Code of 2012 is amended by
100-changing Sections 2-7, 8-4, 9-1, 9-1.2, 12-3.05, and 30-1 as
101-follows:
102-(720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
103-Sec. 2-7. "Felony".
104-"Felony" means an offense for which a sentence to death or
105-to a term of imprisonment in a penitentiary for one year or
106-more is provided.
107-(Source: P.A. 77-2638.)
108-
109-
110-(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
111-Sec. 8-4. Attempt.
112-(a) Elements of the offense.
113-A person commits the offense of attempt when, with intent
114-to commit a specific offense, he or she does any act that
115-constitutes a substantial step toward the commission of that
116-offense.
117-(b) Impossibility.
118-It is not a defense to a charge of attempt that because of
119-a misapprehension of the circumstances it would have been
120-impossible for the accused to commit the offense attempted.
121-(c) Sentence.
122-A person convicted of attempt may be fined or imprisoned
123-or both not to exceed the maximum provided for the offense
124-attempted but, except for an attempt to commit the offense
125-defined in Section 33A-2 of this Code:
126-(1) the sentence for attempt to commit first degree
127-murder is the sentence for a Class X felony, except that
128-(A) an attempt to commit first degree murder when
129-at least one of the aggravating factors specified in
130-clauses (iii), (iv), and (v) of subsection (a)(1)(c)
131-of Section 5-8-1 of the Unified Code of Corrections
132-paragraphs (1), (2), and (12) of subsection (b) of
133-Section 9-1 is present is a Class X felony for which
134-the sentence shall be a term of imprisonment of not
135-less than 20 years and not more than 80 years;
136-
137-
138-(B) an attempt to commit first degree murder while
139-armed with a firearm is a Class X felony for which 15
140-years shall be added to the term of imprisonment
141-imposed by the court;
142-(C) an attempt to commit first degree murder
143-during which the person personally discharged a
144-firearm is a Class X felony for which 20 years shall be
145-added to the term of imprisonment imposed by the
146-court;
147-(D) an attempt to commit first degree murder
148-during which the person personally discharged a
149-firearm that proximately caused great bodily harm,
150-permanent disability, permanent disfigurement, or
151-death to another person is a Class X felony for which
152-25 years or up to a term of natural life shall be added
153-to the term of imprisonment imposed by the court; and
154-(E) if the defendant proves by a preponderance of
155-the evidence at sentencing that, at the time of the
156-attempted murder, he or she was acting under a sudden
157-and intense passion resulting from serious provocation
158-by the individual whom the defendant endeavored to
159-kill, or another, and, had the individual the
160-defendant endeavored to kill died, the defendant would
161-have negligently or accidentally caused that death,
162-then the sentence for the attempted murder is the
163-sentence for a Class 1 felony;
164-
165-
166-(2) the sentence for attempt to commit a Class X
167-felony is the sentence for a Class 1 felony;
168-(3) the sentence for attempt to commit a Class 1
169-felony is the sentence for a Class 2 felony;
170-(4) the sentence for attempt to commit a Class 2
171-felony is the sentence for a Class 3 felony; and
172-(5) the sentence for attempt to commit any felony
173-other than those specified in items (1), (2), (3), and (4)
174-of this subsection (c) is the sentence for a Class A
175-misdemeanor.
176-(Source: P.A. 96-710, eff. 1-1-10.)
177-(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
178-Sec. 9-1. First degree murder; death penalties;
179-exceptions; separate hearings; proof; findings; appellate
180-procedures; reversals.
181-(a) A person who kills an individual without lawful
182-justification commits first degree murder if, in performing
183-the acts which cause the death:
184-(1) he or she either intends to kill or do great bodily
185-harm to that individual or another, or knows that such
186-acts will cause death to that individual or another; or
187-(2) he or she knows that such acts create a strong
188-probability of death or great bodily harm to that
189-individual or another; or
190-(3) he or she, acting alone or with one or more
191-
192-
193-participants, commits or attempts to commit a forcible
194-felony other than second degree murder, and in the course
195-of or in furtherance of such crime or flight therefrom, he
196-or she or another participant causes the death of a
197-person.
198-(b) (Blank). Aggravating Factors. A defendant who at the
199-time of the commission of the offense has attained the age of
200-18 or more and who has been found guilty of first degree murder
201-may be sentenced to death if:
202-(1) the murdered individual was a peace officer or
203-fireman killed in the course of performing his official
204-duties, to prevent the performance of his or her official
205-duties, or in retaliation for performing his or her
206-official duties, and the defendant knew or should have
207-known that the murdered individual was a peace officer or
208-fireman; or
209-(2) the murdered individual was an employee of an
210-institution or facility of the Department of Corrections,
211-or any similar local correctional agency, killed in the
212-course of performing his or her official duties, to
213-prevent the performance of his or her official duties, or
214-in retaliation for performing his or her official duties,
215-or the murdered individual was an inmate at such
216-institution or facility and was killed on the grounds
217-thereof, or the murdered individual was otherwise present
218-in such institution or facility with the knowledge and
219-
220-
221-approval of the chief administrative officer thereof; or
222-(3) the defendant has been convicted of murdering two
223-or more individuals under subsection (a) of this Section
224-or under any law of the United States or of any state which
225-is substantially similar to subsection (a) of this Section
226-regardless of whether the deaths occurred as the result of
227-the same act or of several related or unrelated acts so
228-long as the deaths were the result of either an intent to
229-kill more than one person or of separate acts which the
230-defendant knew would cause death or create a strong
231-probability of death or great bodily harm to the murdered
232-individual or another; or
233-(4) the murdered individual was killed as a result of
234-the hijacking of an airplane, train, ship, bus, or other
235-public conveyance; or
236-(5) the defendant committed the murder pursuant to a
237-contract, agreement, or understanding by which he or she
238-was to receive money or anything of value in return for
239-committing the murder or procured another to commit the
240-murder for money or anything of value; or
241-(6) the murdered individual was killed in the course
242-of another felony if:
243-(a) the murdered individual:
244-(i) was actually killed by the defendant, or
245-(ii) received physical injuries personally
246-inflicted by the defendant substantially
247-
248-
249-contemporaneously with physical injuries caused by
250-one or more persons for whose conduct the
251-defendant is legally accountable under Section 5-2
252-of this Code, and the physical injuries inflicted
253-by either the defendant or the other person or
254-persons for whose conduct he is legally
255-accountable caused the death of the murdered
256-individual; and
257-(b) in performing the acts which caused the death
258-of the murdered individual or which resulted in
259-physical injuries personally inflicted by the
260-defendant on the murdered individual under the
261-circumstances of subdivision (ii) of subparagraph (a)
262-of paragraph (6) of subsection (b) of this Section,
263-the defendant acted with the intent to kill the
264-murdered individual or with the knowledge that his
265-acts created a strong probability of death or great
266-bodily harm to the murdered individual or another; and
267-(c) the other felony was an inherently violent
268-crime or the attempt to commit an inherently violent
269-crime. In this subparagraph (c), "inherently violent
270-crime" includes, but is not limited to, armed robbery,
271-robbery, predatory criminal sexual assault of a child,
272-aggravated criminal sexual assault, aggravated
273-kidnapping, aggravated vehicular hijacking, aggravated
274-arson, aggravated stalking, residential burglary, and
275-
276-
277-home invasion; or
278-(7) the murdered individual was under 12 years of age
279-and the death resulted from exceptionally brutal or
280-heinous behavior indicative of wanton cruelty; or
281-(8) the defendant committed the murder with intent to
282-prevent the murdered individual from testifying or
283-participating in any criminal investigation or prosecution
284-or giving material assistance to the State in any
285-investigation or prosecution, either against the defendant
286-or another; or the defendant committed the murder because
287-the murdered individual was a witness in any prosecution
288-or gave material assistance to the State in any
289-investigation or prosecution, either against the defendant
290-or another; for purposes of this paragraph (8),
291-"participating in any criminal investigation or
292-prosecution" is intended to include those appearing in the
293-proceedings in any capacity such as trial judges,
294-prosecutors, defense attorneys, investigators, witnesses,
295-or jurors; or
296-(9) the defendant, while committing an offense
297-punishable under Sections 401, 401.1, 401.2, 405, 405.2,
298-407 or 407.1 or subsection (b) of Section 404 of the
299-Illinois Controlled Substances Act, or while engaged in a
300-conspiracy or solicitation to commit such offense,
301-intentionally killed an individual or counseled,
302-commanded, induced, procured or caused the intentional
303-
304-
305-killing of the murdered individual; or
306-(10) the defendant was incarcerated in an institution
307-or facility of the Department of Corrections at the time
308-of the murder, and while committing an offense punishable
309-as a felony under Illinois law, or while engaged in a
310-conspiracy or solicitation to commit such offense,
311-intentionally killed an individual or counseled,
312-commanded, induced, procured or caused the intentional
313-killing of the murdered individual; or
314-(11) the murder was committed in a cold, calculated
315-and premeditated manner pursuant to a preconceived plan,
316-scheme or design to take a human life by unlawful means,
317-and the conduct of the defendant created a reasonable
318-expectation that the death of a human being would result
319-therefrom; or
320-(12) the murdered individual was an emergency medical
321-technician - ambulance, emergency medical technician -
322-intermediate, emergency medical technician - paramedic,
323-ambulance driver, or other medical assistance or first aid
324-personnel, employed by a municipality or other
325-governmental unit, killed in the course of performing his
326-official duties, to prevent the performance of his
327-official duties, or in retaliation for performing his
328-official duties, and the defendant knew or should have
329-known that the murdered individual was an emergency
330-medical technician - ambulance, emergency medical
331-
332-
333-technician - intermediate, emergency medical technician -
334-paramedic, ambulance driver, or other medical assistance
335-or first aid personnel; or
336-(13) the defendant was a principal administrator,
337-organizer, or leader of a calculated criminal drug
338-conspiracy consisting of a hierarchical position of
339-authority superior to that of all other members of the
340-conspiracy, and the defendant counseled, commanded,
341-induced, procured, or caused the intentional killing of
342-the murdered person; or
343-(14) the murder was intentional and involved the
344-infliction of torture. For the purpose of this Section
345-torture means the infliction of or subjection to extreme
346-physical pain, motivated by an intent to increase or
347-prolong the pain, suffering or agony of the victim; or
348-(15) the murder was committed as a result of the
349-intentional discharge of a firearm by the defendant from a
350-motor vehicle and the victim was not present within the
351-motor vehicle; or
352-(16) the murdered individual was 60 years of age or
353-older and the death resulted from exceptionally brutal or
354-heinous behavior indicative of wanton cruelty; or
355-(17) the murdered individual was a person with a
356-disability and the defendant knew or should have known
357-that the murdered individual was a person with a
358-disability. For purposes of this paragraph (17), "person
359-
360-
361-with a disability" means a person who suffers from a
362-permanent physical or mental impairment resulting from
363-disease, an injury, a functional disorder, or a congenital
364-condition that renders the person incapable of adequately
365-providing for his or her own health or personal care; or
366-(18) the murder was committed by reason of any
367-person's activity as a community policing volunteer or to
368-prevent any person from engaging in activity as a
369-community policing volunteer; or
370-(19) the murdered individual was subject to an order
371-of protection and the murder was committed by a person
372-against whom the same order of protection was issued under
373-the Illinois Domestic Violence Act of 1986; or
374-(20) the murdered individual was known by the
375-defendant to be a teacher or other person employed in any
376-school and the teacher or other employee is upon the
377-grounds of a school or grounds adjacent to a school, or is
378-in any part of a building used for school purposes; or
379-(21) the murder was committed by the defendant in
380-connection with or as a result of the offense of terrorism
381-as defined in Section 29D-14.9 of this Code; or
382-(22) the murdered individual was a member of a
383-congregation engaged in prayer or other religious
384-activities at a church, synagogue, mosque, or other
385-building, structure, or place used for religious worship.
386-(b-5) (Blank). Aggravating Factor; Natural Life
387-
388-
389-Imprisonment. A defendant who has been found guilty of first
390-degree murder and who at the time of the commission of the
391-offense had attained the age of 18 years or more may be
392-sentenced to natural life imprisonment if (i) the murdered
393-individual was a physician, physician assistant, psychologist,
394-nurse, or advanced practice registered nurse, (ii) the
395-defendant knew or should have known that the murdered
396-individual was a physician, physician assistant, psychologist,
397-nurse, or advanced practice registered nurse, and (iii) the
398-murdered individual was killed in the course of acting in his
399-or her capacity as a physician, physician assistant,
400-psychologist, nurse, or advanced practice registered nurse, or
401-to prevent him or her from acting in that capacity, or in
402-retaliation for his or her acting in that capacity.
403-(c) (Blank). Consideration of factors in Aggravation and
404-Mitigation.
405-The court shall consider, or shall instruct the jury to
406-consider any aggravating and any mitigating factors which are
407-relevant to the imposition of the death penalty. Aggravating
408-factors may include but need not be limited to those factors
409-set forth in subsection (b). Mitigating factors may include
410-but need not be limited to the following:
411-(1) the defendant has no significant history of prior
412-criminal activity;
413-(2) the murder was committed while the defendant was
414-under the influence of extreme mental or emotional
415-
416-
417-disturbance, although not such as to constitute a defense
418-to prosecution;
419-(3) the murdered individual was a participant in the
420-defendant's homicidal conduct or consented to the
421-homicidal act;
422-(4) the defendant acted under the compulsion of threat
423-or menace of the imminent infliction of death or great
424-bodily harm;
425-(5) the defendant was not personally present during
426-commission of the act or acts causing death;
427-(6) the defendant's background includes a history of
428-extreme emotional or physical abuse;
429-(7) the defendant suffers from a reduced mental
430-capacity.
431-Provided, however, that an action that does not otherwise
432-mitigate first degree murder cannot qualify as a mitigating
433-factor for first degree murder because of the discovery,
434-knowledge, or disclosure of the victim's sexual orientation as
435-defined in Section 1-103 of the Illinois Human Rights Act.
436-(d) (Blank). Separate sentencing hearing.
437-Where requested by the State, the court shall conduct a
438-separate sentencing proceeding to determine the existence of
439-factors set forth in subsection (b) and to consider any
440-aggravating or mitigating factors as indicated in subsection
441-(c). The proceeding shall be conducted:
442-(1) before the jury that determined the defendant's
443-
444-
445-guilt; or
446-(2) before a jury impanelled for the purpose of the
447-proceeding if:
448-A. the defendant was convicted upon a plea of
449-guilty; or
450-B. the defendant was convicted after a trial
451-before the court sitting without a jury; or
452-C. the court for good cause shown discharges the
453-jury that determined the defendant's guilt; or
454-(3) before the court alone if the defendant waives a
455-jury for the separate proceeding.
456-(e) (Blank). Evidence and Argument.
457-During the proceeding any information relevant to any of
458-the factors set forth in subsection (b) may be presented by
459-either the State or the defendant under the rules governing
460-the admission of evidence at criminal trials. Any information
461-relevant to any additional aggravating factors or any
462-mitigating factors indicated in subsection (c) may be
463-presented by the State or defendant regardless of its
464-admissibility under the rules governing the admission of
465-evidence at criminal trials. The State and the defendant shall
466-be given fair opportunity to rebut any information received at
467-the hearing.
468-(f) (Blank). Proof.
469-The burden of proof of establishing the existence of any
470-of the factors set forth in subsection (b) is on the State and
471-
472-
473-shall not be satisfied unless established beyond a reasonable
474-doubt.
475-(g) (Blank). Procedure - Jury.
476-If at the separate sentencing proceeding the jury finds
477-that none of the factors set forth in subsection (b) exists,
478-the court shall sentence the defendant to a term of
479-imprisonment under Chapter V of the Unified Code of
480-Corrections. If there is a unanimous finding by the jury that
481-one or more of the factors set forth in subsection (b) exist,
482-the jury shall consider aggravating and mitigating factors as
483-instructed by the court and shall determine whether the
484-sentence of death shall be imposed. If the jury determines
485-unanimously, after weighing the factors in aggravation and
486-mitigation, that death is the appropriate sentence, the court
487-shall sentence the defendant to death. If the court does not
488-concur with the jury determination that death is the
489-appropriate sentence, the court shall set forth reasons in
490-writing including what facts or circumstances the court relied
491-upon, along with any relevant documents, that compelled the
492-court to non-concur with the sentence. This document and any
493-attachments shall be part of the record for appellate review.
494-The court shall be bound by the jury's sentencing
495-determination.
496-If after weighing the factors in aggravation and
497-mitigation, one or more jurors determines that death is not
498-the appropriate sentence, the court shall sentence the
499-
500-
501-defendant to a term of imprisonment under Chapter V of the
502-Unified Code of Corrections.
503-(h) (Blank). Procedure - No Jury.
504-In a proceeding before the court alone, if the court finds
505-that none of the factors found in subsection (b) exists, the
506-court shall sentence the defendant to a term of imprisonment
507-under Chapter V of the Unified Code of Corrections.
508-If the Court determines that one or more of the factors set
509-forth in subsection (b) exists, the Court shall consider any
510-aggravating and mitigating factors as indicated in subsection
511-(c). If the Court determines, after weighing the factors in
512-aggravation and mitigation, that death is the appropriate
513-sentence, the Court shall sentence the defendant to death.
514-If the court finds that death is not the appropriate
515-sentence, the court shall sentence the defendant to a term of
516-imprisonment under Chapter V of the Unified Code of
517-Corrections.
518-(h-5) (Blank). Decertification as a capital case.
519-In a case in which the defendant has been found guilty of
520-first degree murder by a judge or jury, or a case on remand for
521-resentencing, and the State seeks the death penalty as an
522-appropriate sentence, on the court's own motion or the written
523-motion of the defendant, the court may decertify the case as a
524-death penalty case if the court finds that the only evidence
525-supporting the defendant's conviction is the uncorroborated
526-testimony of an informant witness, as defined in Section
527-
528-
529-115-21 of the Code of Criminal Procedure of 1963, concerning
530-the confession or admission of the defendant or that the sole
531-evidence against the defendant is a single eyewitness or
532-single accomplice without any other corroborating evidence. If
533-the court decertifies the case as a capital case under either
534-of the grounds set forth above, the court shall issue a written
535-finding. The State may pursue its right to appeal the
536-decertification pursuant to Supreme Court Rule 604(a)(1). If
537-the court does not decertify the case as a capital case, the
538-matter shall proceed to the eligibility phase of the
539-sentencing hearing.
540-(i) (Blank). Appellate Procedure.
541-The conviction and sentence of death shall be subject to
542-automatic review by the Supreme Court. Such review shall be in
543-accordance with rules promulgated by the Supreme Court. The
544-Illinois Supreme Court may overturn the death sentence, and
545-order the imposition of imprisonment under Chapter V of the
546-Unified Code of Corrections if the court finds that the death
547-sentence is fundamentally unjust as applied to the particular
548-case. If the Illinois Supreme Court finds that the death
549-sentence is fundamentally unjust as applied to the particular
550-case, independent of any procedural grounds for relief, the
551-Illinois Supreme Court shall issue a written opinion
552-explaining this finding.
553-(j) (Blank). Disposition of reversed death sentence.
554-In the event that the death penalty in this Act is held to
555-
556-
557-be unconstitutional by the Supreme Court of the United States
558-or of the State of Illinois, any person convicted of first
559-degree murder shall be sentenced by the court to a term of
560-imprisonment under Chapter V of the Unified Code of
561-Corrections.
562-In the event that any death sentence pursuant to the
563-sentencing provisions of this Section is declared
564-unconstitutional by the Supreme Court of the United States or
565-of the State of Illinois, the court having jurisdiction over a
566-person previously sentenced to death shall cause the defendant
567-to be brought before the court, and the court shall sentence
568-the defendant to a term of imprisonment under Chapter V of the
569-Unified Code of Corrections.
570-(k) (Blank). Guidelines for seeking the death penalty.
571-The Attorney General and State's Attorneys Association
572-shall consult on voluntary guidelines for procedures governing
573-whether or not to seek the death penalty. The guidelines do not
574-have the force of law and are only advisory in nature.
575-(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
576-100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
577-7-1-21.)
578-(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
579-Sec. 9-1.2. Intentional homicide of an unborn child.
580-(a) A person commits the offense of intentional homicide
581-of an unborn child if, in performing acts which cause the death
582-
583-
584-of an unborn child, he without lawful justification:
585-(1) either intended to cause the death of or do great
586-bodily harm to the pregnant individual or unborn child or
587-knew that such acts would cause death or great bodily harm
588-to the pregnant individual or unborn child; or
589-(2) knew that his acts created a strong probability of
590-death or great bodily harm to the pregnant individual or
591-unborn child; and
592-(3) knew that the individual was pregnant.
593-(b) For purposes of this Section, (1) "unborn child" shall
594-mean any individual of the human species from the implantation
595-of an embryo until birth, and (2) "person" shall not include
596-the pregnant woman whose unborn child is killed.
597-(c) This Section shall not apply to acts which cause the
598-death of an unborn child if those acts were committed during
599-any abortion, as defined in Section 1-10 of the Reproductive
600-Health Act, to which the pregnant individual has consented.
601-This Section shall not apply to acts which were committed
602-pursuant to usual and customary standards of medical practice
603-during diagnostic testing or therapeutic treatment.
604-(d) Penalty. The sentence for intentional homicide of an
605-unborn child shall be the same as for first degree murder,
606-except that:
607-(1) (blank) the death penalty may not be imposed;
608-(2) if the person committed the offense while armed
609-with a firearm, 15 years shall be added to the term of
610-
611-
612-imprisonment imposed by the court;
613-(3) if, during the commission of the offense, the
614-person personally discharged a firearm, 20 years shall be
615-added to the term of imprisonment imposed by the court;
616-(4) if, during the commission of the offense, the
617-person personally discharged a firearm that proximately
618-caused great bodily harm, permanent disability, permanent
619-disfigurement, or death to another person, 25 years or up
620-to a term of natural life shall be added to the term of
621-imprisonment imposed by the court.
622-(e) The provisions of this Act shall not be construed to
623-prohibit the prosecution of any person under any other
624-provision of law.
625-(Source: P.A. 101-13, eff. 6-12-19.)
626-(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
627-Sec. 12-3.05. Aggravated battery.
628-(a) Offense based on injury. A person commits aggravated
629-battery when, in committing a battery, other than by the
630-discharge of a firearm, he or she knowingly does any of the
631-following:
632-(1) Causes great bodily harm or permanent disability
633-or disfigurement.
634-(2) Causes severe and permanent disability, great
635-bodily harm, or disfigurement by means of a caustic or
636-flammable substance, a poisonous gas, a deadly biological
637-
638-
639-or chemical contaminant or agent, a radioactive substance,
640-or a bomb or explosive compound.
641-(3) Causes great bodily harm or permanent disability
642-or disfigurement to an individual whom the person knows to
643-be a peace officer, community policing volunteer, fireman,
644-private security officer, correctional institution
645-employee, or Department of Human Services employee
646-supervising or controlling sexually dangerous persons or
647-sexually violent persons:
648-(i) performing his or her official duties;
649-(ii) battered to prevent performance of his or her
650-official duties; or
651-(iii) battered in retaliation for performing his
652-or her official duties.
653-(4) Causes great bodily harm or permanent disability
654-or disfigurement to an individual 60 years of age or
655-older.
656-(5) Strangles another individual.
657-(b) Offense based on injury to a child or person with an
658-intellectual disability. A person who is at least 18 years of
659-age commits aggravated battery when, in committing a battery,
660-he or she knowingly and without legal justification by any
661-means:
662-(1) causes great bodily harm or permanent disability
663-or disfigurement to any child under the age of 13 years, or
664-to any person with a severe or profound intellectual
665-
666-
667-disability; or
668-(2) causes bodily harm or disability or disfigurement
669-to any child under the age of 13 years or to any person
670-with a severe or profound intellectual disability.
671-(c) Offense based on location of conduct. A person commits
672-aggravated battery when, in committing a battery, other than
673-by the discharge of a firearm, he or she is or the person
674-battered is on or about a public way, public property, a public
675-place of accommodation or amusement, a sports venue, or a
676-domestic violence shelter, or in a church, synagogue, mosque,
677-or other building, structure, or place used for religious
678-worship.
679-(d) Offense based on status of victim. A person commits
680-aggravated battery when, in committing a battery, other than
681-by discharge of a firearm, he or she knows the individual
682-battered to be any of the following:
683-(1) A person 60 years of age or older.
684-(2) A person who is pregnant or has a physical
685-disability.
686-(3) A teacher or school employee upon school grounds
687-or grounds adjacent to a school or in any part of a
688-building used for school purposes.
689-(4) A peace officer, community policing volunteer,
690-fireman, private security officer, correctional
691-institution employee, or Department of Human Services
692-employee supervising or controlling sexually dangerous
693-
694-
695-persons or sexually violent persons:
696-(i) performing his or her official duties;
697-(ii) battered to prevent performance of his or her
698-official duties; or
699-(iii) battered in retaliation for performing his
700-or her official duties.
701-(5) A judge, emergency management worker, emergency
702-medical services personnel, or utility worker:
703-(i) performing his or her official duties;
704-(ii) battered to prevent performance of his or her
705-official duties; or
706-(iii) battered in retaliation for performing his
707-or her official duties.
708-(6) An officer or employee of the State of Illinois, a
709-unit of local government, or a school district, while
710-performing his or her official duties.
711-(7) A transit employee performing his or her official
712-duties, or a transit passenger.
713-(8) A taxi driver on duty.
714-(9) A merchant who detains the person for an alleged
715-commission of retail theft under Section 16-26 of this
716-Code and the person without legal justification by any
717-means causes bodily harm to the merchant.
718-(10) A person authorized to serve process under
719-Section 2-202 of the Code of Civil Procedure or a special
720-process server appointed by the circuit court while that
721-
722-
723-individual is in the performance of his or her duties as a
724-process server.
725-(11) A nurse while in the performance of his or her
726-duties as a nurse.
727-(12) A merchant: (i) while performing his or her
728-duties, including, but not limited to, relaying directions
729-for healthcare or safety from his or her supervisor or
730-employer or relaying health or safety guidelines,
731-recommendations, regulations, or rules from a federal,
732-State, or local public health agency; and (ii) during a
733-disaster declared by the Governor, or a state of emergency
734-declared by the mayor of the municipality in which the
735-merchant is located, due to a public health emergency and
736-for a period of 6 months after such declaration.
737-(e) Offense based on use of a firearm. A person commits
738-aggravated battery when, in committing a battery, he or she
739-knowingly does any of the following:
740-(1) Discharges a firearm, other than a machine gun or
741-a firearm equipped with a silencer, and causes any injury
742-to another person.
743-(2) Discharges a firearm, other than a machine gun or
744-a firearm equipped with a silencer, and causes any injury
745-to a person he or she knows to be a peace officer,
746-community policing volunteer, person summoned by a police
747-officer, fireman, private security officer, correctional
748-institution employee, or emergency management worker:
749-
750-
751-(i) performing his or her official duties;
752-(ii) battered to prevent performance of his or her
753-official duties; or
754-(iii) battered in retaliation for performing his
755-or her official duties.
756-(3) Discharges a firearm, other than a machine gun or
757-a firearm equipped with a silencer, and causes any injury
758-to a person he or she knows to be emergency medical
759-services personnel:
760-(i) performing his or her official duties;
761-(ii) battered to prevent performance of his or her
762-official duties; or
763-(iii) battered in retaliation for performing his
764-or her official duties.
765-(4) Discharges a firearm and causes any injury to a
766-person he or she knows to be a teacher, a student in a
767-school, or a school employee, and the teacher, student, or
768-employee is upon school grounds or grounds adjacent to a
769-school or in any part of a building used for school
770-purposes.
771-(5) Discharges a machine gun or a firearm equipped
772-with a silencer, and causes any injury to another person.
773-(6) Discharges a machine gun or a firearm equipped
774-with a silencer, and causes any injury to a person he or
775-she knows to be a peace officer, community policing
776-volunteer, person summoned by a police officer, fireman,
777-
778-
779-private security officer, correctional institution
780-employee or emergency management worker:
781-(i) performing his or her official duties;
782-(ii) battered to prevent performance of his or her
783-official duties; or
784-(iii) battered in retaliation for performing his
785-or her official duties.
786-(7) Discharges a machine gun or a firearm equipped
787-with a silencer, and causes any injury to a person he or
788-she knows to be emergency medical services personnel:
789-(i) performing his or her official duties;
790-(ii) battered to prevent performance of his or her
791-official duties; or
792-(iii) battered in retaliation for performing his
793-or her official duties.
794-(8) Discharges a machine gun or a firearm equipped
795-with a silencer, and causes any injury to a person he or
796-she knows to be a teacher, or a student in a school, or a
797-school employee, and the teacher, student, or employee is
798-upon school grounds or grounds adjacent to a school or in
799-any part of a building used for school purposes.
800-(f) Offense based on use of a weapon or device. A person
801-commits aggravated battery when, in committing a battery, he
802-or she does any of the following:
803-(1) Uses a deadly weapon other than by discharge of a
804-firearm, or uses an air rifle as defined in Section
805-
806-
807-24.8-0.1 of this Code.
808-(2) Wears a hood, robe, or mask to conceal his or her
809-identity.
810-(3) Knowingly and without lawful justification shines
811-or flashes a laser gunsight or other laser device attached
812-to a firearm, or used in concert with a firearm, so that
813-the laser beam strikes upon or against the person of
814-another.
815-(4) Knowingly video or audio records the offense with
816-the intent to disseminate the recording.
817-(g) Offense based on certain conduct. A person commits
818-aggravated battery when, other than by discharge of a firearm,
819-he or she does any of the following:
820-(1) Violates Section 401 of the Illinois Controlled
821-Substances Act by unlawfully delivering a controlled
822-substance to another and any user experiences great bodily
823-harm or permanent disability as a result of the injection,
824-inhalation, or ingestion of any amount of the controlled
825-substance.
826-(2) Knowingly administers to an individual or causes
827-him or her to take, without his or her consent or by threat
828-or deception, and for other than medical purposes, any
829-intoxicating, poisonous, stupefying, narcotic,
830-anesthetic, or controlled substance, or gives to another
831-person any food containing any substance or object
832-intended to cause physical injury if eaten.
833-
834-
835-(3) Knowingly causes or attempts to cause a
836-correctional institution employee or Department of Human
837-Services employee to come into contact with blood, seminal
838-fluid, urine, or feces by throwing, tossing, or expelling
839-the fluid or material, and the person is an inmate of a
840-penal institution or is a sexually dangerous person or
841-sexually violent person in the custody of the Department
842-of Human Services.
843-(h) Sentence. Unless otherwise provided, aggravated
844-battery is a Class 3 felony.
845-Aggravated battery as defined in subdivision (a)(4),
846-(d)(4), or (g)(3) is a Class 2 felony.
847-Aggravated battery as defined in subdivision (a)(3) or
848-(g)(1) is a Class 1 felony.
849-Aggravated battery as defined in subdivision (a)(1) is a
850-Class 1 felony when the aggravated battery was intentional and
851-involved the infliction of torture, as defined in paragraph
852-(10) (14) of subsection (b-5) (b) of Section 5-8-1 of the
853-Unified Code of Corrections Section 9-1 of this Code, as the
854-infliction of or subjection to extreme physical pain,
855-motivated by an intent to increase or prolong the pain,
856-suffering, or agony of the victim.
857-Aggravated battery as defined in subdivision (a)(1) is a
858-Class 2 felony when the person causes great bodily harm or
859-permanent disability to an individual whom the person knows to
860-be a member of a congregation engaged in prayer or other
861-
862-
863-religious activities at a church, synagogue, mosque, or other
864-building, structure, or place used for religious worship.
865-Aggravated battery under subdivision (a)(5) is a Class 1
866-felony if:
867-(A) the person used or attempted to use a dangerous
868-instrument while committing the offense;
869-(B) the person caused great bodily harm or permanent
870-disability or disfigurement to the other person while
871-committing the offense; or
872-(C) the person has been previously convicted of a
873-violation of subdivision (a)(5) under the laws of this
874-State or laws similar to subdivision (a)(5) of any other
875-state.
876-Aggravated battery as defined in subdivision (e)(1) is a
877-Class X felony.
878-Aggravated battery as defined in subdivision (a)(2) is a
879-Class X felony for which a person shall be sentenced to a term
880-of imprisonment of a minimum of 6 years and a maximum of 45
881-years.
882-Aggravated battery as defined in subdivision (e)(5) is a
883-Class X felony for which a person shall be sentenced to a term
884-of imprisonment of a minimum of 12 years and a maximum of 45
885-years.
886-Aggravated battery as defined in subdivision (e)(2),
887-(e)(3), or (e)(4) is a Class X felony for which a person shall
888-be sentenced to a term of imprisonment of a minimum of 15 years
889-
890-
891-and a maximum of 60 years.
892-Aggravated battery as defined in subdivision (e)(6),
893-(e)(7), or (e)(8) is a Class X felony for which a person shall
894-be sentenced to a term of imprisonment of a minimum of 20 years
895-and a maximum of 60 years.
896-Aggravated battery as defined in subdivision (b)(1) is a
897-Class X felony, except that:
898-(1) if the person committed the offense while armed
899-with a firearm, 15 years shall be added to the term of
900-imprisonment imposed by the court;
901-(2) if, during the commission of the offense, the
902-person personally discharged a firearm, 20 years shall be
903-added to the term of imprisonment imposed by the court;
904-(3) if, during the commission of the offense, the
905-person personally discharged a firearm that proximately
906-caused great bodily harm, permanent disability, permanent
907-disfigurement, or death to another person, 25 years or up
908-to a term of natural life shall be added to the term of
909-imprisonment imposed by the court.
910-(i) Definitions. In this Section:
911-"Building or other structure used to provide shelter" has
912-the meaning ascribed to "shelter" in Section 1 of the Domestic
913-Violence Shelters Act.
914-"Domestic violence" has the meaning ascribed to it in
915-Section 103 of the Illinois Domestic Violence Act of 1986.
916-"Domestic violence shelter" means any building or other
917-
918-
919-structure used to provide shelter or other services to victims
920-or to the dependent children of victims of domestic violence
921-pursuant to the Illinois Domestic Violence Act of 1986 or the
922-Domestic Violence Shelters Act, or any place within 500 feet
923-of such a building or other structure in the case of a person
924-who is going to or from such a building or other structure.
925-"Firearm" has the meaning provided under Section 1.1 of
926-the Firearm Owners Identification Card Act, and does not
927-include an air rifle as defined by Section 24.8-0.1 of this
928-Code.
929-"Machine gun" has the meaning ascribed to it in Section
930-24-1 of this Code.
931-"Merchant" has the meaning ascribed to it in Section
932-16-0.1 of this Code.
933-"Strangle" means intentionally impeding the normal
934-breathing or circulation of the blood of an individual by
935-applying pressure on the throat or neck of that individual or
936-by blocking the nose or mouth of that individual.
937-(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
938-(720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
939-Sec. 30-1. Treason.
940-(a) A person owing allegiance to this State commits
941-treason when he or she knowingly:
942-(1) levies war against this State; or
943-(2) adheres to the enemies of this State, giving them
944-
945-
946-aid or comfort.
947-(b) No person may be convicted of treason except on the
948-testimony of 2 witnesses to the same overt act, or on his
949-confession in open court.
950-(c) Sentence. Treason is a Class X felony for which an
951-offender may be sentenced to death under Section 5-5-3 of the
952-Unified Code of Corrections.
953-(Source: P.A. 80-1099.)
954-Section 25. The Cannabis Control Act is amended by
955-changing Section 9 as follows:
956-(720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
957-Sec. 9. (a) Any person who engages in a calculated
958-criminal cannabis conspiracy, as defined in subsection (b), is
959-guilty of a Class 3 felony, and fined not more than $200,000
960-and shall be subject to the forfeitures prescribed in
961-subsection (c); except that, if any person engages in such
962-offense after one or more prior convictions under this
963-Section, Section 4 (d), Section 5 (d), Section 8 (d) or any law
964-of the United States or of any State relating to cannabis, or
965-controlled substances as defined in the Illinois Controlled
966-Substances Act, in addition to the fine and forfeiture
967-authorized above, he shall be guilty of a Class 1 felony for
968-which an offender may not be sentenced to death.
969-(b) For purposes of this section, a person engages in a
970-
971-
972-calculated criminal cannabis conspiracy when:
973-(1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
974-or 8 (d) of this Act; and
975-(2) such violation is a part of a conspiracy undertaken or
976-carried on with 2 or more other persons; and
977-(3) he obtains anything of value greater than $500 from,
978-or organizes, directs or finances such violation or
979-conspiracy.
980-(c) Any person who is convicted under this Section of
981-engaging in a calculated criminal cannabis conspiracy shall
982-forfeit to the State of Illinois:
983-(1) the receipts obtained by him in such conspiracy; and
984-(2) any of his interests in, claims against, receipts
985-from, or property or rights of any kind affording a source of
986-influence over, such conspiracy.
987-(d) The circuit court may enter such injunctions,
988-restraining orders, directions, or prohibitions, or take such
989-other actions, including the acceptance of satisfactory
990-performance bonds, in connection with any property, claim,
991-receipt, right or other interest subject to forfeiture under
992-this Section, as it deems proper.
993-(Source: P.A. 84-1233.)
994-Section 30. The Code of Criminal Procedure of 1963 is
995-amended by changing Sections 104-26, 111-3, 116-4, 121-13,
996-122-1, 122-2.1, 122-2.2, and 122-4 as follows:
997-
998-
999-(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
1000-Sec. 104-26. Disposition of Defendants suffering
1001-disabilities.
1002-(a) A defendant convicted following a trial conducted
1003-under the provisions of Section 104-22 shall not be sentenced
1004-before a written presentence report of investigation is
1005-presented to and considered by the court. The presentence
1006-report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and
1007-5-3-4 of the Unified Code of Corrections, as now or hereafter
1008-amended, and shall include a physical and mental examination
1009-unless the court finds that the reports of prior physical and
1010-mental examinations conducted pursuant to this Article are
1011-adequate and recent enough so that additional examinations
1012-would be unnecessary.
1013-(b) (Blank). A defendant convicted following a trial under
1014-Section 104-22 shall not be subject to the death penalty.
1015-(c) A defendant convicted following a trial under Section
1016-104-22 shall be sentenced according to the procedures and
1017-dispositions authorized under the Unified Code of Corrections,
1018-as now or hereafter amended, subject to the following
1019-provisions:
1020-(1) The court shall not impose a sentence of
1021-imprisonment upon the offender if the court believes that
1022-because of his disability a sentence of imprisonment would
1023-not serve the ends of justice and the interests of society
1024-
1025-
1026-and the offender or that because of his disability a
1027-sentence of imprisonment would subject the offender to
1028-excessive hardship. In addition to any other conditions of
1029-a sentence of conditional discharge or probation the court
1030-may require that the offender undergo treatment
1031-appropriate to his mental or physical condition.
1032-(2) After imposing a sentence of imprisonment upon an
1033-offender who has a mental disability, the court may remand
1034-him to the custody of the Department of Human Services and
1035-order a hearing to be conducted pursuant to the provisions
1036-of the Mental Health and Developmental Disabilities Code,
1037-as now or hereafter amended. If the offender is committed
1038-following such hearing, he shall be treated in the same
1039-manner as any other civilly committed patient for all
1040-purposes except as provided in this Section. If the
1041-defendant is not committed pursuant to such hearing, he
1042-shall be remanded to the sentencing court for disposition
1043-according to the sentence imposed.
1044-(3) If the court imposes a sentence of imprisonment
1045-upon an offender who has a mental disability but does not
1046-proceed under subparagraph (2) of paragraph (c) of this
1047-Section, it shall order the Department of Corrections to
1048-proceed pursuant to Section 3-8-5 of the Unified Code of
1049-Corrections, as now or hereafter amended.
1050-(3.5) If the court imposes a sentence of imprisonment
1051-upon an offender who has a mental disability, the court
1052-
1053-
1054-shall direct the circuit court clerk to immediately notify
1055-the Illinois State Police, Firearm Owner's Identification
1056-(FOID) Office, in a form and manner prescribed by the
1057-Illinois State Police and shall forward a copy of the
1058-court order to the Department.
1059-(4) If the court imposes a sentence of imprisonment
1060-upon an offender who has a physical disability, it may
1061-authorize the Department of Corrections to place the
1062-offender in a public or private facility which is able to
1063-provide care or treatment for the offender's disability
1064-and which agrees to do so.
1065-(5) When an offender is placed with the Department of
1066-Human Services or another facility pursuant to
1067-subparagraph (2) or (4) of this paragraph (c), the
1068-Department or private facility shall not discharge or
1069-allow the offender to be at large in the community without
1070-prior approval of the court. If the defendant is placed in
1071-the custody of the Department of Human Services, the
1072-defendant shall be placed in a secure setting unless the
1073-court determines that there are compelling reasons why
1074-such placement is not necessary. The offender shall accrue
1075-good time and shall be eligible for parole in the same
1076-manner as if he were serving his sentence within the
1077-Department of Corrections. When the offender no longer
1078-requires hospitalization, care, or treatment, the
1079-Department of Human Services or the facility shall
1080-
1081-
1082-transfer him, if his sentence has not expired, to the
1083-Department of Corrections. If an offender is transferred
1084-to the Department of Corrections, the Department of Human
1085-Services shall transfer to the Department of Corrections
1086-all related records pertaining to length of custody and
1087-treatment services provided during the time the offender
1088-was held.
1089-(6) The Department of Corrections shall notify the
1090-Department of Human Services or a facility in which an
1091-offender has been placed pursuant to subparagraph (2) or
1092-(4) of paragraph (c) of this Section of the expiration of
1093-his sentence. Thereafter, an offender in the Department of
1094-Human Services shall continue to be treated pursuant to
1095-his commitment order and shall be considered a civilly
1096-committed patient for all purposes including discharge. An
1097-offender who is in a facility pursuant to subparagraph (4)
1098-of paragraph (c) of this Section shall be informed by the
1099-facility of the expiration of his sentence, and shall
1100-either consent to the continuation of his care or
1101-treatment by the facility or shall be discharged.
1102-(Source: P.A. 102-538, eff. 8-20-21.)
1103-(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
1104-Sec. 111-3. Form of charge.
1105-(a) A charge shall be in writing and allege the commission
1106-of an offense by:
1107-
1108-
1109-(1) Stating the name of the offense;
1110-(2) Citing the statutory provision alleged to have
1111-been violated;
1112-(3) Setting forth the nature and elements of the
1113-offense charged;
1114-(4) Stating the date and county of the offense as
1115-definitely as can be done; and
1116-(5) Stating the name of the accused, if known, and if
1117-not known, designate the accused by any name or
1118-description by which he can be identified with reasonable
1119-certainty.
1120-(a-5) If the victim is alleged to have been subjected to an
1121-offense involving an illegal sexual act including, but not
1122-limited to, a sexual offense defined in Article 11 or Section
1123-10-9 of the Criminal Code of 2012, the charge shall state the
1124-identity of the victim by name, initials, or description.
1125-(b) An indictment shall be signed by the foreman of the
1126-Grand Jury and an information shall be signed by the State's
1127-Attorney and sworn to by him or another. A complaint shall be
1128-sworn to and signed by the complainant; provided, that when a
1129-peace officer observes the commission of a misdemeanor and is
1130-the complaining witness, the signing of the complaint by the
1131-peace officer is sufficient to charge the defendant with the
1132-commission of the offense, and the complaint need not be sworn
1133-to if the officer signing the complaint certifies that the
1134-statements set forth in the complaint are true and correct and
1135-
1136-
1137-are subject to the penalties provided by law for false
1138-certification under Section 1-109 of the Code of Civil
1139-Procedure and perjury under Section 32-2 of the Criminal Code
1140-of 2012; and further provided, however, that when a citation
1141-is issued on a Uniform Traffic Ticket or Uniform Conservation
1142-Ticket (in a form prescribed by the Conference of Chief
1143-Circuit Judges and filed with the Supreme Court), the copy of
1144-such Uniform Ticket which is filed with the circuit court
1145-constitutes a complaint to which the defendant may plead,
1146-unless he specifically requests that a verified complaint be
1147-filed.
1148-(c) When the State seeks an enhanced sentence because of a
1149-prior conviction, the charge shall also state the intention to
1150-seek an enhanced sentence and shall state such prior
1151-conviction so as to give notice to the defendant. However, the
1152-fact of such prior conviction and the State's intention to
1153-seek an enhanced sentence are not elements of the offense and
1154-may not be disclosed to the jury during trial unless otherwise
1155-permitted by issues properly raised during such trial. For the
1156-purposes of this Section, "enhanced sentence" means a sentence
1157-which is increased by a prior conviction from one
1158-classification of offense to another higher level
1159-classification of offense set forth in Section 5-4.5-10 of the
1160-Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
1161-include an increase in the sentence applied within the same
1162-level of classification of offense.
1163-
1164-
1165-(c-5) Notwithstanding any other provision of law, in all
1166-cases in which the imposition of the death penalty is not a
1167-possibility, if an alleged fact (other than the fact of a prior
1168-conviction) is not an element of an offense but is sought to be
1169-used to increase the range of penalties for the offense beyond
1170-the statutory maximum that could otherwise be imposed for the
1171-offense, the alleged fact must be included in the charging
1172-instrument or otherwise provided to the defendant through a
1173-written notification before trial, submitted to a trier of
1174-fact as an aggravating factor, and proved beyond a reasonable
1175-doubt. Failure to prove the fact beyond a reasonable doubt is
1176-not a bar to a conviction for commission of the offense, but is
1177-a bar to increasing, based on that fact, the range of penalties
1178-for the offense beyond the statutory maximum that could
1179-otherwise be imposed for that offense. Nothing in this
1180-subsection (c-5) requires the imposition of a sentence that
1181-increases the range of penalties for the offense beyond the
1182-statutory maximum that could otherwise be imposed for the
1183-offense if the imposition of that sentence is not required by
1184-law.
1185-(d) At any time prior to trial, the State on motion shall
1186-be permitted to amend the charge, whether brought by
1187-indictment, information or complaint, to make the charge
1188-comply with subsection (c) or (c-5) of this Section. Nothing
1189-in Section 103-5 of this Code precludes such an amendment or a
1190-written notification made in accordance with subsection (c-5)
1191-
1192-
1193-of this Section.
1194-(e) The provisions of subsection (a) of Section 5-4.5-95
1195-of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall
1196-not be affected by this Section.
1197-(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
1198-(725 ILCS 5/116-4)
1199-Sec. 116-4. Preservation of evidence for forensic testing.
1200-(a) Before or after the trial in a prosecution for a
1201-violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1202-11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
1203-Criminal Code of 1961 or the Criminal Code of 2012 or in a
1204-prosecution for an offense defined in Article 9 of that Code,
1205-or in a prosecution for an attempt in violation of Section 8-4
1206-of that Code of any of the above-enumerated offenses, unless
1207-otherwise provided herein under subsection (b) or (c), a law
1208-enforcement agency or an agent acting on behalf of the law
1209-enforcement agency shall preserve, subject to a continuous
1210-chain of custody, any physical evidence in their possession or
1211-control that is reasonably likely to contain forensic
1212-evidence, including, but not limited to, fingerprints or
1213-biological material secured in relation to a trial and with
1214-sufficient documentation to locate that evidence.
1215-(b) After a judgment of conviction is entered, the
1216-evidence shall either be impounded with the Clerk of the
1217-Circuit Court or shall be securely retained by a law
1218-
1219-
1220-enforcement agency. Retention shall be permanent in cases
1221-where a sentence of death is imposed. Retention shall be until
1222-the completion of the sentence, including the period of
1223-mandatory supervised release for the offense, or January 1,
1224-2006, whichever is later, for any conviction for an offense or
1225-an attempt of an offense defined in Article 9 of the Criminal
1226-Code of 1961 or the Criminal Code of 2012 or in Section
1227-11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1228-12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1229-Criminal Code of 2012 or for 7 years following any conviction
1230-for any other felony for which the defendant's genetic profile
1231-may be taken by a law enforcement agency and submitted for
1232-comparison in a forensic DNA database for unsolved offenses.
1233-(c) After a judgment of conviction is entered, the law
1234-enforcement agency required to retain evidence described in
1235-subsection (a) may petition the court with notice to the
1236-defendant or, in cases where the defendant has died, his
1237-estate, his attorney of record, or an attorney appointed for
1238-that purpose by the court for entry of an order allowing it to
1239-dispose of evidence if, after a hearing, the court determines
1240-by a preponderance of the evidence that:
1241-(1) it has no significant value for forensic science
1242-analysis and should be returned to its rightful owner,
1243-destroyed, used for training purposes, or as otherwise
1244-provided by law; or
1245-(2) it has no significant value for forensic science
1246-
1247-
1248-analysis and is of a size, bulk, or physical character not
1249-usually retained by the law enforcement agency and cannot
1250-practicably be retained by the law enforcement agency; or
1251-(3) there no longer exists a reasonable basis to
1252-require the preservation of the evidence because of the
1253-death of the defendant; however, this paragraph (3) does
1254-not apply if a sentence of death was imposed.
1255-(d) The court may order the disposition of the evidence if
1256-the defendant is allowed the opportunity to take reasonable
1257-measures to remove or preserve portions of the evidence in
1258-question for future testing.
1259-(d-5) Any order allowing the disposition of evidence
1260-pursuant to subsection (c) or (d) shall be a final and
1261-appealable order. No evidence shall be disposed of until 30
1262-days after the order is entered, and if a notice of appeal is
1263-filed, no evidence shall be disposed of until the mandate has
1264-been received by the circuit court from the appellate court.
1265-(d-10) All records documenting the possession, control,
1266-storage, and destruction of evidence and all police reports,
1267-evidence control or inventory records, and other reports cited
1268-in this Section, including computer records, must be retained
1269-for as long as the evidence exists and may not be disposed of
1270-without the approval of the Local Records Commission.
1271-(e) In this Section, "law enforcement agency" includes any
1272-of the following or an agent acting on behalf of any of the
1273-following: a municipal police department, county sheriff's
1274-
1275-
1276-office, any prosecuting authority, the Illinois State Police,
1277-or any other State, university, county, federal, or municipal
1278-police unit or police force.
1279-"Biological material" includes, but is not limited to, any
1280-blood, hair, saliva, or semen from which genetic marker
1281-groupings may be obtained.
1282-(Source: P.A. 102-538, eff. 8-20-21.)
1283-(725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
1284-Sec. 121-13. Pauper Appeals.
1285-(a) In any case wherein the defendant was convicted of a
1286-felony, if the court determines that the defendant desires
1287-counsel on appeal but is indigent the Public Defender or the
1288-State Appellate Defender shall be appointed as counsel, unless
1289-with the consent of the defendant and for good cause shown, the
1290-court may appoint counsel other than the Public Defender or
1291-the State Appellate Defender.
1292-(b) In any case wherein the defendant was convicted of a
1293-felony and a sentence of death was not imposed in the trial
1294-court the reviewing court, upon petition of the defendant's
1295-counsel made not more frequently than every 60 days after
1296-appointment, shall determine a reasonable amount to be allowed
1297-an indigent defendant's counsel other than the Public Defender
1298-or the State Appellate Defender for compensation and
1299-reimbursement of expenditures necessarily incurred in the
1300-prosecution of the appeal or review proceedings. The
1301-
1302-
1303-compensation shall not exceed $1500 in each case, except that,
1304-in extraordinary circumstances, payment in excess of the
1305-limits herein stated may be made if the reviewing court
1306-certifies that the payment is necessary to provide fair
1307-compensation for protracted representation. The reviewing
1308-court shall enter an order directing the county treasurer of
1309-the county where the case was tried to pay the amount allowed
1310-by the court. The reviewing court may order the provisional
1311-payment of sums during the pendency of the cause.
1312-(c) (blank). In any case in which a sentence of death was
1313-imposed in the trial court, the Supreme Court, upon written
1314-petition of the defendant's counsel made not more than every
1315-60 days after appointment, shall determine reasonable
1316-compensation for an indigent defendant's attorneys on appeal.
1317-The compensation shall not exceed $2,000 in each case, except
1318-that, in extraordinary circumstances, payment in excess of the
1319-limits herein stated may be made if the reviewing court
1320-certifies that the payment is necessary to provide fair
1321-compensation for protracted representation. The Supreme Court
1322-shall enter an order directing the county treasurer of the
1323-county where the case was tried to pay compensation and
1324-reimburse expenditures necessarily incurred in the prosecution
1325-of the appeal or review proceedings. The Supreme Court may
1326-order the provisional payment of sums during the pendency of
1327-the cause.
1328-(Source: P.A. 86-318; 87-580.)
1329-
1330-
1331-(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
1332-Sec. 122-1. Petition in the trial court.
1333-(a) Any person imprisoned in the penitentiary may
1334-institute a proceeding under this Article if the person
1335-asserts that:
1336-(1) in the proceedings which resulted in his or her
1337-conviction there was a substantial denial of his or her
1338-rights under the Constitution of the United States or of
1339-the State of Illinois or both;
1340-(2) (blank) the death penalty was imposed and there is
1341-newly discovered evidence not available to the person at
1342-the time of the proceeding that resulted in his or her
1343-conviction that establishes a substantial basis to believe
1344-that the defendant is actually innocent by clear and
1345-convincing evidence; or
1346-(3) (blank).
1347-(a-5) A proceeding under paragraph (2) of subsection (a)
1348-may be commenced within a reasonable period of time after the
1349-person's conviction notwithstanding any other provisions of
1350-this Article. In such a proceeding regarding actual innocence,
1351-if the court determines the petition is frivolous or is
1352-patently without merit, it shall dismiss the petition in a
1353-written order, specifying the findings of fact and conclusions
1354-of law it made in reaching its decision. Such order of
1355-dismissal is a final judgment and shall be served upon the
1356-
1357-
1358-petitioner by certified mail within 10 days of its entry.
1359-(b) The proceeding shall be commenced by filing with the
1360-clerk of the court in which the conviction took place a
1361-petition (together with a copy thereof) verified by affidavit.
1362-Petitioner shall also serve another copy upon the State's
1363-Attorney by any of the methods provided in Rule 7 of the
1364-Supreme Court. The clerk shall docket the petition for
1365-consideration by the court pursuant to Section 122-2.1 upon
1366-his or her receipt thereof and bring the same promptly to the
1367-attention of the court.
1368-(c) Except as otherwise provided in subsection (a-5), if
1369-the petitioner is under sentence of death and a petition for
1370-writ of certiorari is filed, no proceedings under this Article
1371-shall be commenced more than 6 months after the conclusion of
1372-proceedings in the United States Supreme Court, unless the
1373-petitioner alleges facts showing that the delay was not due to
1374-his or her culpable negligence. If a petition for certiorari
1375-is not filed, no proceedings under this Article shall be
1376-commenced more than 6 months from the date for filing a
1377-certiorari petition, unless the petitioner alleges facts
1378-showing that the delay was not due to his or her culpable
1379-negligence.
1380-No When a defendant has a sentence other than death, no
1381-proceedings under this Article shall be commenced more than 6
1382-months after the conclusion of proceedings in the United
1383-States Supreme Court, unless the petitioner alleges facts
1384-
1385-
1386-showing that the delay was not due to his or her culpable
1387-negligence. If a petition for certiorari is not filed, no
1388-proceedings under this Article shall be commenced more than 6
1389-months from the date for filing a certiorari petition, unless
1390-the petitioner alleges facts showing that the delay was not
1391-due to his or her culpable negligence. If a defendant does not
1392-file a direct appeal, the post-conviction petition shall be
1393-filed no later than 3 years from the date of conviction, unless
1394-the petitioner alleges facts showing that the delay was not
1395-due to his or her culpable negligence.
1396-This limitation does not apply to a petition advancing a
1397-claim of actual innocence.
1398-(d) A person seeking relief by filing a petition under
1399-this Section must specify in the petition or its heading that
1400-it is filed under this Section. A trial court that has received
1401-a petition complaining of a conviction or sentence that fails
1402-to specify in the petition or its heading that it is filed
1403-under this Section need not evaluate the petition to determine
1404-whether it could otherwise have stated some grounds for relief
1405-under this Article.
1406-(e) (Blank). A proceeding under this Article may not be
1407-commenced on behalf of a defendant who has been sentenced to
1408-death without the written consent of the defendant, unless the
1409-defendant, because of a mental or physical condition, is
1410-incapable of asserting his or her own claim.
1411-(f) Only one petition may be filed by a petitioner under
1412-
1413-
1414-this Article without leave of the court. Leave of court may be
1415-granted only if a petitioner demonstrates cause for his or her
1416-failure to bring the claim in his or her initial
1417-post-conviction proceedings and prejudice results from that
1418-failure. For purposes of this subsection (f): (1) a prisoner
1419-shows cause by identifying an objective factor that impeded
1420-his or her ability to raise a specific claim during his or her
1421-initial post-conviction proceedings; and (2) a prisoner shows
1422-prejudice by demonstrating that the claim not raised during
1423-his or her initial post-conviction proceedings so infected the
1424-trial that the resulting conviction or sentence violated due
1425-process.
1426-(Source: P.A. 101-411, eff. 8-16-19; 102-639, eff. 8-27-21.)
1427-(725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
1428-Sec. 122-2.1. (a) Within 90 days after the filing and
1429-docketing of each petition, the court shall examine such
1430-petition and enter an order thereon pursuant to this Section.
1431-(1) (Blank). If the petitioner is under sentence of
1432-death and is without counsel and alleges that he is
1433-without means to procure counsel, he shall state whether
1434-or not he wishes counsel to be appointed to represent him.
1435-If appointment of counsel is so requested, the court shall
1436-appoint counsel if satisfied that the petitioner has no
1437-means to procure counsel.
1438-(2) If the petitioner is sentenced to imprisonment and
1439-
1440-
1441-the court determines the petition is frivolous or is
1442-patently without merit, it shall dismiss the petition in a
1443-written order, specifying the findings of fact and
1444-conclusions of law it made in reaching its decision. Such
1445-order of dismissal is a final judgment and shall be served
1446-upon the petitioner by certified mail within 10 days of
1447-its entry.
1448-(b) If the petition is not dismissed pursuant to this
1449-Section, the court shall order the petition to be docketed for
1450-further consideration in accordance with Sections 122-4
1451-through 122-6. If the petitioner is under sentence of death,
1452-the court shall order the petition to be docketed for further
1453-consideration and hearing within one year of the filing of the
1454-petition. Continuances may be granted as the court deems
1455-appropriate.
1456-(c) In considering a petition pursuant to this Section,
1457-the court may examine the court file of the proceeding in which
1458-the petitioner was convicted, any action taken by an appellate
1459-court in such proceeding and any transcripts of such
1460-proceeding.
1461-(Source: P.A. 93-605, eff. 11-19-03.)
1462-(725 ILCS 5/122-2.2)
1463-Sec. 122-2.2. Intellectual disability and post-conviction
1464-relief.
1465-(a) (Blank). In cases where no determination of an
1466-
1467-
1468-intellectual disability was made and a defendant has been
1469-convicted of first-degree murder, sentenced to death, and is
1470-in custody pending execution of the sentence of death, the
1471-following procedures shall apply:
1472-(1) Notwithstanding any other provision of law or rule
1473-of court, a defendant may seek relief from the death
1474-sentence through a petition for post-conviction relief
1475-under this Article alleging that the defendant was a
1476-person with an intellectual disability as defined in
1477-Section 114-15 at the time the offense was alleged to have
1478-been committed.
1479-(2) The petition must be filed within 180 days of the
1480-effective date of this amendatory Act of the 93rd General
1481-Assembly or within 180 days of the issuance of the mandate
1482-by the Illinois Supreme Court setting the date of
1483-execution, whichever is later.
1484-(b) All other provisions of this Article governing
1485-petitions for post-conviction relief shall apply to a petition
1486-for post-conviction relief alleging an intellectual
1487-disability.
1488-(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
1489-(725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
1490-Sec. 122-4. Pauper Petitions. If the petition is not
1491-dismissed pursuant to Section 122-2.1, and alleges that the
1492-petitioner is unable to pay the costs of the proceeding, the
1493-
1494-
1495-court may order that the petitioner be permitted to proceed as
1496-a poor person and order a transcript of the proceedings
1497-delivered to petitioner in accordance with Rule of the Supreme
1498-Court. If the petitioner is without counsel and alleges that
1499-he is without means to procure counsel, he shall state whether
1500-or not he wishes counsel to be appointed to represent him. If
1501-appointment of counsel is so requested, and the petition is
1502-not dismissed pursuant to Section 122-2.1, the court shall
1503-appoint counsel if satisfied that the petitioner has no means
1504-to procure counsel. A petitioner who is a prisoner in an
1505-Illinois Department of Corrections facility who files a
1506-pleading, motion, or other filing that purports to be a legal
1507-document seeking post-conviction relief under this Article
1508-against the State, the Illinois Department of Corrections, the
1509-Prisoner Review Board, or any of their officers or employees
1510-in which the court makes a specific finding that the pleading,
1511-motion, or other filing that purports to be a legal document is
1512-frivolous shall not proceed as a poor person and shall be
1513-liable for the full payment of filing fees and actual court
1514-costs as provided in Article XXII of the Code of Civil
1515-Procedure.
1516-A Circuit Court or the Illinois Supreme Court may appoint
1517-the State Appellate Defender to provide post-conviction
1518-representation in a case in which the defendant is sentenced
1519-to death. Any attorney assigned by the Office of the State
1520-Appellate Defender to provide post-conviction representation
1521-
1522-
1523-for indigent defendants in cases in which a sentence of death
1524-was imposed in the trial court may, from time to time submit
1525-bills and time sheets to the Office of the State Appellate
1526-Defender for payment of services rendered and the Office of
1527-the State Appellate Defender shall pay bills from funds
1528-appropriated for this purpose in accordance with rules
1529-promulgated by the State Appellate Defender.
1530-The court, at the conclusion of the proceedings upon
1531-receipt of a petition by the appointed counsel, shall
1532-determine a reasonable amount to be allowed an indigent
1533-defendant's counsel other than the Public Defender or the
1534-State Appellate Defender for compensation and reimbursement of
1535-expenditures necessarily incurred in the proceedings. The
1536-compensation shall not exceed $500 in each case, except that,
1537-in extraordinary circumstances, payment in excess of the
1538-limits herein stated may be made if the trial court certifies
1539-that the payment is necessary to provide fair compensation for
1540-protracted representation, and the amount is approved by the
1541-chief judge of the circuit. The court shall enter an order
1542-directing the county treasurer of the county where the case
1543-was tried to pay the amount thereby allowed by the court. The
1544-court may order the provisional payment of sums during the
1545-pendency of the cause.
1546-(Source: P.A. 90-505, eff. 8-19-97.)
1547-(725 ILCS 5/114-15 rep.)
1548-
1549-
1550-(725 ILCS 5/119-5 rep.)
1551-Section 35. The Code of Criminal Procedure of 1963 is
1552-amended by repealing Sections 114-15 and 119-5.
1553-Section 40. The State Appellate Defender Act is amended by
1554-changing Section 10.5 as follows:
1555-(725 ILCS 105/10.5)
1556-Sec. 10.5. Competitive bidding for appellate services.
1557-(a) The State Appellate Defender may, to the extent
1558-necessary to dispose of its backlog of indigent criminal
1559-appeals, institute a competitive bidding program under which
1560-contracts for the services of attorneys in non-death penalty
1561-criminal appeals are awarded to the lowest responsible bidder.
1562-(b) The State Appellate Defender, before letting out bids
1563-for contracts for the services of attorneys to represent
1564-indigent defendants on appeal in criminal cases, shall
1565-advertise the letting of the bids in a publication or
1566-publications of the Illinois State Bar Association, the
1567-Chicago Daily Law Bulletin, and the Chicago Lawyer. The State
1568-Appellate Defender shall also advertise the letting of the
1569-bids in newspapers of general circulation in major
1570-municipalities to be determined by the State Appellate
1571-Defender. The State Appellate Defender shall mail notices of
1572-the letting of the bids to county and local bar associations.
1573-(c) Bids may be let in packages of one to 5, appeals.
1574-
1575-
1576-Additional cases may be assigned, in the discretion of the
1577-State Appellate Defender, after a successful bidder completes
1578-work on existing packages.
1579-(d) A bid for services of an attorney under this Section
1580-shall be let only to an attorney licensed to practice law in
1581-Illinois who has prior criminal appellate experience or to an
1582-attorney who is a member or employee of a law firm which has at
1583-least one member with that experience. Prospective bidders
1584-must furnish legal writing samples that are deemed acceptable
1585-to the State Appellate Defender.
1586-(e) An attorney who is awarded a contract under this
1587-Section shall communicate with each of his or her clients and
1588-shall file each initial brief before the due date established
1589-by Supreme Court Rule or by the Appellate Court. The State
1590-Appellate Defender may rescind the contract for attorney
1591-services and may require the return of the record on appeal if
1592-the contracted attorney fails to make satisfactory progress,
1593-in the opinion of the State Appellate Defender, toward filing
1594-a brief.
1595-(f) Gross compensation for completing of a case shall be
1596-$40 per hour but shall not exceed $2,000 per case. The contract
1597-shall specify the manner of payment.
1598-(g) (Blank).
1599-(h) (Blank).
1600-(Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
1601-
1602-
1603-Section 45. The Uniform Rendition of Prisoners as
1604-Witnesses in Criminal Proceedings Act is amended by changing
1605-Section 5 as follows:
1606-(725 ILCS 235/5) (from Ch. 38, par. 157-5)
1607-Sec. 5. Exceptions.
1608-This act does not apply to any person in this State
1609-confined as mentally ill or , in need of mental treatment, or
1610-under sentence of death.
1611-(Source: Laws 1963, p. 2171.)
1612-Section 50. The Unified Code of Corrections is amended by
1613-changing Sections 3-3-13, 3-6-3, 3-8-10, 5-1-9, 5-4-1, 5-4-3,
1614-5-4.5-20, 5-5-3, and 5-8-1 as follows:
1615-(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
1616-Sec. 3-3-13. Procedure for executive clemency.
1617-(a) Petitions seeking pardon, commutation, or reprieve
1618-shall be addressed to the Governor and filed with the Prisoner
1619-Review Board. The petition shall be in writing and signed by
1620-the person under conviction or by a person on his behalf. It
1621-shall contain a brief history of the case, the reasons for
1622-seeking executive clemency, and other relevant information the
1623-Board may require.
1624-(a-5) After a petition has been denied by the Governor,
1625-the Board may not accept a repeat petition for executive
1626-
1627-
1628-clemency for the same person until one full year has elapsed
1629-from the date of the denial. The Chairman of the Board may
1630-waive the one-year requirement if the petitioner offers in
1631-writing new information that was unavailable to the petitioner
1632-at the time of the filing of the prior petition and which the
1633-Chairman determines to be significant. The Chairman also may
1634-waive the one-year waiting period if the petitioner can show
1635-that a change in circumstances of a compelling humanitarian
1636-nature has arisen since the denial of the prior petition.
1637-(b) Notice of the proposed application shall be given by
1638-the Board to the committing court and the state's attorney of
1639-the county where the conviction was had.
1640-(b-5) Victims registered with the Board shall receive
1641-reasonable written notice not less than 30 days prior to the
1642-executive clemency hearing date. The victim has the right to
1643-submit a victim statement to the Prisoner Review Board for
1644-consideration at an executive clemency hearing as provided in
1645-subsection (c) of this Section. Victim statements provided to
1646-the Board shall be confidential and privileged, including any
1647-statements received prior to the effective date of this
1648-amendatory Act of the 101st General Assembly, except if the
1649-statement was an oral statement made by the victim at a hearing
1650-open to the public.
1651-(c) The Board shall, upon due notice, give a hearing to
1652-each application, allowing representation by counsel, if
1653-desired, after which it shall confidentially advise the
1654-
1655-
1656-Governor by a written report of its recommendations which
1657-shall be determined by majority vote. The written report to
1658-the Governor shall be confidential and privileged, including
1659-any reports made prior to the effective date of this
1660-amendatory Act of the 101st General Assembly. The Board shall
1661-meet to consider such petitions no less than 4 times each year.
1662-Application for executive clemency under this Section may
1663-not be commenced on behalf of a person who has been sentenced
1664-to death without the written consent of the defendant, unless
1665-the defendant, because of a mental or physical condition, is
1666-incapable of asserting his or her own claim.
1667-(d) The Governor shall decide each application and
1668-communicate his decision to the Board which shall notify the
1669-petitioner.
1670-In the event a petitioner who has been convicted of a Class
1671-X felony is granted a release, after the Governor has
1672-communicated such decision to the Board, the Board shall give
1673-written notice to the Sheriff of the county from which the
1674-offender was sentenced if such sheriff has requested that such
1675-notice be given on a continuing basis. In cases where arrest of
1676-the offender or the commission of the offense took place in any
1677-municipality with a population of more than 10,000 persons,
1678-the Board shall also give written notice to the proper law
1679-enforcement agency for said municipality which has requested
1680-notice on a continuing basis.
1681-(e) Nothing in this Section shall be construed to limit
1682-
1683-
1684-the power of the Governor under the constitution to grant a
1685-reprieve, commutation of sentence, or pardon.
1686-(Source: P.A. 101-288, eff. 1-1-20.)
1687-(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
1688-Sec. 3-6-3. Rules and regulations for sentence credit.
1689-(a)(1) The Department of Corrections shall prescribe rules
1690-and regulations for awarding and revoking sentence credit for
1691-persons committed to the Department of Corrections and the
1692-Department of Juvenile Justice shall prescribe rules and
1693-regulations for awarding and revoking sentence credit for
1694-persons committed to the Department of Juvenile Justice under
1695-Section 5-8-6 of the Unified Code of Corrections, which shall
1696-be subject to review by the Prisoner Review Board.
1697-(1.5) As otherwise provided by law, sentence credit may be
1698-awarded for the following:
1699-(A) successful completion of programming while in
1700-custody of the Department of Corrections or the Department
1701-of Juvenile Justice or while in custody prior to
1702-sentencing;
1703-(B) compliance with the rules and regulations of the
1704-Department; or
1705-(C) service to the institution, service to a
1706-community, or service to the State.
1707-(2) Except as provided in paragraph (4.7) of this
1708-subsection (a), the rules and regulations on sentence credit
1709-
1710-
1711-shall provide, with respect to offenses listed in clause (i),
1712-(ii), or (iii) of this paragraph (2) committed on or after June
1713-19, 1998 or with respect to the offense listed in clause (iv)
1714-of this paragraph (2) committed on or after June 23, 2005 (the
1715-effective date of Public Act 94-71) or with respect to offense
1716-listed in clause (vi) committed on or after June 1, 2008 (the
1717-effective date of Public Act 95-625) or with respect to the
1718-offense of being an armed habitual criminal committed on or
1719-after August 2, 2005 (the effective date of Public Act 94-398)
1720-or with respect to the offenses listed in clause (v) of this
1721-paragraph (2) committed on or after August 13, 2007 (the
1722-effective date of Public Act 95-134) or with respect to the
1723-offense of aggravated domestic battery committed on or after
1724-July 23, 2010 (the effective date of Public Act 96-1224) or
1725-with respect to the offense of attempt to commit terrorism
1726-committed on or after January 1, 2013 (the effective date of
1727-Public Act 97-990), the following:
1728-(i) that a prisoner who is serving a term of
1729-imprisonment for first degree murder or for the offense of
1730-terrorism shall receive no sentence credit and shall serve
1731-the entire sentence imposed by the court;
1732-(ii) that a prisoner serving a sentence for attempt to
1733-commit terrorism, attempt to commit first degree murder,
1734-solicitation of murder, solicitation of murder for hire,
1735-intentional homicide of an unborn child, predatory
1736-criminal sexual assault of a child, aggravated criminal
1737-
1738-
1739-sexual assault, criminal sexual assault, aggravated
1740-kidnapping, aggravated battery with a firearm as described
1741-in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
1742-or (e)(4) of Section 12-3.05, heinous battery as described
1743-in Section 12-4.1 or subdivision (a)(2) of Section
1744-12-3.05, being an armed habitual criminal, aggravated
1745-battery of a senior citizen as described in Section 12-4.6
1746-or subdivision (a)(4) of Section 12-3.05, or aggravated
1747-battery of a child as described in Section 12-4.3 or
1748-subdivision (b)(1) of Section 12-3.05 shall receive no
1749-more than 4.5 days of sentence credit for each month of his
1750-or her sentence of imprisonment;
1751-(iii) that a prisoner serving a sentence for home
1752-invasion, armed robbery, aggravated vehicular hijacking,
1753-aggravated discharge of a firearm, or armed violence with
1754-a category I weapon or category II weapon, when the court
1755-has made and entered a finding, pursuant to subsection
1756-(c-1) of Section 5-4-1 of this Code, that the conduct
1757-leading to conviction for the enumerated offense resulted
1758-in great bodily harm to a victim, shall receive no more
1759-than 4.5 days of sentence credit for each month of his or
1760-her sentence of imprisonment;
1761-(iv) that a prisoner serving a sentence for aggravated
1762-discharge of a firearm, whether or not the conduct leading
1763-to conviction for the offense resulted in great bodily
1764-harm to the victim, shall receive no more than 4.5 days of
1765-
1766-
1767-sentence credit for each month of his or her sentence of
1768-imprisonment;
1769-(v) that a person serving a sentence for gunrunning,
1770-narcotics racketeering, controlled substance trafficking,
1771-methamphetamine trafficking, drug-induced homicide,
1772-aggravated methamphetamine-related child endangerment,
1773-money laundering pursuant to clause (c) (4) or (5) of
1774-Section 29B-1 of the Criminal Code of 1961 or the Criminal
1775-Code of 2012, or a Class X felony conviction for delivery
1776-of a controlled substance, possession of a controlled
1777-substance with intent to manufacture or deliver,
1778-calculated criminal drug conspiracy, criminal drug
1779-conspiracy, street gang criminal drug conspiracy,
1780-participation in methamphetamine manufacturing,
1781-aggravated participation in methamphetamine
1782-manufacturing, delivery of methamphetamine, possession
1783-with intent to deliver methamphetamine, aggravated
1784-delivery of methamphetamine, aggravated possession with
1785-intent to deliver methamphetamine, methamphetamine
1786-conspiracy when the substance containing the controlled
1787-substance or methamphetamine is 100 grams or more shall
1788-receive no more than 7.5 days sentence credit for each
1789-month of his or her sentence of imprisonment;
1790-(vi) that a prisoner serving a sentence for a second
1791-or subsequent offense of luring a minor shall receive no
1792-more than 4.5 days of sentence credit for each month of his
1793-
1794-
1795-or her sentence of imprisonment; and
1796-(vii) that a prisoner serving a sentence for
1797-aggravated domestic battery shall receive no more than 4.5
1798-days of sentence credit for each month of his or her
1799-sentence of imprisonment.
1800-(2.1) For all offenses, other than those enumerated in
1801-subdivision (a)(2)(i), (ii), or (iii) committed on or after
1802-June 19, 1998 or subdivision (a)(2)(iv) committed on or after
1803-June 23, 2005 (the effective date of Public Act 94-71) or
1804-subdivision (a)(2)(v) committed on or after August 13, 2007
1805-(the effective date of Public Act 95-134) or subdivision
1806-(a)(2)(vi) committed on or after June 1, 2008 (the effective
1807-date of Public Act 95-625) or subdivision (a)(2)(vii)
1808-committed on or after July 23, 2010 (the effective date of
1809-Public Act 96-1224), and other than the offense of aggravated
1810-driving under the influence of alcohol, other drug or drugs,
1811-or intoxicating compound or compounds, or any combination
1812-thereof as defined in subparagraph (F) of paragraph (1) of
1813-subsection (d) of Section 11-501 of the Illinois Vehicle Code,
1814-and other than the offense of aggravated driving under the
1815-influence of alcohol, other drug or drugs, or intoxicating
1816-compound or compounds, or any combination thereof as defined
1817-in subparagraph (C) of paragraph (1) of subsection (d) of
1818-Section 11-501 of the Illinois Vehicle Code committed on or
1819-after January 1, 2011 (the effective date of Public Act
1820-96-1230), the rules and regulations shall provide that a
1821-
1822-
1823-prisoner who is serving a term of imprisonment shall receive
1824-one day of sentence credit for each day of his or her sentence
1825-of imprisonment or recommitment under Section 3-3-9. Each day
1826-of sentence credit shall reduce by one day the prisoner's
1827-period of imprisonment or recommitment under Section 3-3-9.
1828-(2.2) A prisoner serving a term of natural life
1829-imprisonment or a prisoner who has been sentenced to death
1830-shall receive no sentence credit.
1831-(2.3) Except as provided in paragraph (4.7) of this
1832-subsection (a), the rules and regulations on sentence credit
1833-shall provide that a prisoner who is serving a sentence for
1834-aggravated driving under the influence of alcohol, other drug
1835-or drugs, or intoxicating compound or compounds, or any
1836-combination thereof as defined in subparagraph (F) of
1837-paragraph (1) of subsection (d) of Section 11-501 of the
1838-Illinois Vehicle Code, shall receive no more than 4.5 days of
1839-sentence credit for each month of his or her sentence of
1840-imprisonment.
1841-(2.4) Except as provided in paragraph (4.7) of this
1842-subsection (a), the rules and regulations on sentence credit
1843-shall provide with respect to the offenses of aggravated
1844-battery with a machine gun or a firearm equipped with any
1845-device or attachment designed or used for silencing the report
1846-of a firearm or aggravated discharge of a machine gun or a
1847-firearm equipped with any device or attachment designed or
1848-used for silencing the report of a firearm, committed on or
1849-
1850-
1851-after July 15, 1999 (the effective date of Public Act 91-121),
1852-that a prisoner serving a sentence for any of these offenses
1853-shall receive no more than 4.5 days of sentence credit for each
1854-month of his or her sentence of imprisonment.
1855-(2.5) Except as provided in paragraph (4.7) of this
1856-subsection (a), the rules and regulations on sentence credit
1857-shall provide that a prisoner who is serving a sentence for
1858-aggravated arson committed on or after July 27, 2001 (the
1859-effective date of Public Act 92-176) shall receive no more
1860-than 4.5 days of sentence credit for each month of his or her
1861-sentence of imprisonment.
1862-(2.6) Except as provided in paragraph (4.7) of this
1863-subsection (a), the rules and regulations on sentence credit
1864-shall provide that a prisoner who is serving a sentence for
1865-aggravated driving under the influence of alcohol, other drug
1866-or drugs, or intoxicating compound or compounds or any
1867-combination thereof as defined in subparagraph (C) of
1868-paragraph (1) of subsection (d) of Section 11-501 of the
1869-Illinois Vehicle Code committed on or after January 1, 2011
1870-(the effective date of Public Act 96-1230) shall receive no
1871-more than 4.5 days of sentence credit for each month of his or
1872-her sentence of imprisonment.
1873-(3) In addition to the sentence credits earned under
1874-paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
1875-subsection (a), the rules and regulations shall also provide
1876-that the Director of Corrections or the Director of Juvenile
1877-
1878-
1879-Justice may award up to 180 days of earned sentence credit for
1880-prisoners serving a sentence of incarceration of less than 5
1881-years, and up to 365 days of earned sentence credit for
1882-prisoners serving a sentence of 5 years or longer. The
1883-Director may grant this credit for good conduct in specific
1884-instances as either Director deems proper for eligible persons
1885-in the custody of each Director's respective Department. The
1886-good conduct may include, but is not limited to, compliance
1887-with the rules and regulations of the Department, service to
1888-the Department, service to a community, or service to the
1889-State.
1890-Eligible inmates for an award of earned sentence credit
1891-under this paragraph (3) may be selected to receive the credit
1892-at either Director's or his or her designee's sole discretion.
1893-Eligibility for the additional earned sentence credit under
1894-this paragraph (3) may be based on, but is not limited to,
1895-participation in programming offered by the Department as
1896-appropriate for the prisoner based on the results of any
1897-available risk/needs assessment or other relevant assessments
1898-or evaluations administered by the Department using a
1899-validated instrument, the circumstances of the crime,
1900-demonstrated commitment to rehabilitation by a prisoner with a
1901-history of conviction for a forcible felony enumerated in
1902-Section 2-8 of the Criminal Code of 2012, the inmate's
1903-behavior and improvements in disciplinary history while
1904-incarcerated, and the inmate's commitment to rehabilitation,
1905-
1906-
1907-including participation in programming offered by the
1908-Department.
1909-The Director of Corrections or the Director of Juvenile
1910-Justice shall not award sentence credit under this paragraph
1911-(3) to an inmate unless the inmate has served a minimum of 60
1912-days of the sentence; except nothing in this paragraph shall
1913-be construed to permit either Director to extend an inmate's
1914-sentence beyond that which was imposed by the court. Prior to
1915-awarding credit under this paragraph (3), each Director shall
1916-make a written determination that the inmate:
1917-(A) is eligible for the earned sentence credit;
1918-(B) has served a minimum of 60 days, or as close to 60
1919-days as the sentence will allow;
1920-(B-1) has received a risk/needs assessment or other
1921-relevant evaluation or assessment administered by the
1922-Department using a validated instrument; and
1923-(C) has met the eligibility criteria established by
1924-rule for earned sentence credit.
1925-The Director of Corrections or the Director of Juvenile
1926-Justice shall determine the form and content of the written
1927-determination required in this subsection.
1928-(3.5) The Department shall provide annual written reports
1929-to the Governor and the General Assembly on the award of earned
1930-sentence credit no later than February 1 of each year. The
1931-Department must publish both reports on its website within 48
1932-hours of transmitting the reports to the Governor and the
1933-
1934-
1935-General Assembly. The reports must include:
1936-(A) the number of inmates awarded earned sentence
1937-credit;
1938-(B) the average amount of earned sentence credit
1939-awarded;
1940-(C) the holding offenses of inmates awarded earned
1941-sentence credit; and
1942-(D) the number of earned sentence credit revocations.
1943-(4)(A) Except as provided in paragraph (4.7) of this
1944-subsection (a), the rules and regulations shall also provide
1945-that any prisoner who is engaged full-time in substance abuse
1946-programs, correctional industry assignments, educational
1947-programs, work-release programs or activities in accordance
1948-with Article 13 of Chapter III of this Code, behavior
1949-modification programs, life skills courses, or re-entry
1950-planning provided by the Department under this paragraph (4)
1951-and satisfactorily completes the assigned program as
1952-determined by the standards of the Department, shall receive
1953-one day of sentence credit for each day in which that prisoner
1954-is engaged in the activities described in this paragraph. The
1955-rules and regulations shall also provide that sentence credit
1956-may be provided to an inmate who was held in pre-trial
1957-detention prior to his or her current commitment to the
1958-Department of Corrections and successfully completed a
1959-full-time, 60-day or longer substance abuse program,
1960-educational program, behavior modification program, life
1961-
1962-
1963-skills course, or re-entry planning provided by the county
1964-department of corrections or county jail. Calculation of this
1965-county program credit shall be done at sentencing as provided
1966-in Section 5-4.5-100 of this Code and shall be included in the
1967-sentencing order. The rules and regulations shall also provide
1968-that sentence credit may be provided to an inmate who is in
1969-compliance with programming requirements in an adult
1970-transition center.
1971-(B) The Department shall award sentence credit under this
1972-paragraph (4) accumulated prior to January 1, 2020 (the
1973-effective date of Public Act 101-440) in an amount specified
1974-in subparagraph (C) of this paragraph (4) to an inmate serving
1975-a sentence for an offense committed prior to June 19, 1998, if
1976-the Department determines that the inmate is entitled to this
1977-sentence credit, based upon:
1978-(i) documentation provided by the Department that the
1979-inmate engaged in any full-time substance abuse programs,
1980-correctional industry assignments, educational programs,
1981-behavior modification programs, life skills courses, or
1982-re-entry planning provided by the Department under this
1983-paragraph (4) and satisfactorily completed the assigned
1984-program as determined by the standards of the Department
1985-during the inmate's current term of incarceration; or
1986-(ii) the inmate's own testimony in the form of an
1987-affidavit or documentation, or a third party's
1988-documentation or testimony in the form of an affidavit
1989-
1990-
1991-that the inmate likely engaged in any full-time substance
1992-abuse programs, correctional industry assignments,
1993-educational programs, behavior modification programs, life
1994-skills courses, or re-entry planning provided by the
1995-Department under paragraph (4) and satisfactorily
1996-completed the assigned program as determined by the
1997-standards of the Department during the inmate's current
1998-term of incarceration.
1999-(C) If the inmate can provide documentation that he or she
2000-is entitled to sentence credit under subparagraph (B) in
2001-excess of 45 days of participation in those programs, the
2002-inmate shall receive 90 days of sentence credit. If the inmate
2003-cannot provide documentation of more than 45 days of
2004-participation in those programs, the inmate shall receive 45
2005-days of sentence credit. In the event of a disagreement
2006-between the Department and the inmate as to the amount of
2007-credit accumulated under subparagraph (B), if the Department
2008-provides documented proof of a lesser amount of days of
2009-participation in those programs, that proof shall control. If
2010-the Department provides no documentary proof, the inmate's
2011-proof as set forth in clause (ii) of subparagraph (B) shall
2012-control as to the amount of sentence credit provided.
2013-(D) If the inmate has been convicted of a sex offense as
2014-defined in Section 2 of the Sex Offender Registration Act,
2015-sentencing credits under subparagraph (B) of this paragraph
2016-(4) shall be awarded by the Department only if the conditions
2017-
2018-
2019-set forth in paragraph (4.6) of subsection (a) are satisfied.
2020-No inmate serving a term of natural life imprisonment shall
2021-receive sentence credit under subparagraph (B) of this
2022-paragraph (4).
2023-Educational, vocational, substance abuse, behavior
2024-modification programs, life skills courses, re-entry planning,
2025-and correctional industry programs under which sentence credit
2026-may be earned under this paragraph (4) and paragraph (4.1) of
2027-this subsection (a) shall be evaluated by the Department on
2028-the basis of documented standards. The Department shall report
2029-the results of these evaluations to the Governor and the
2030-General Assembly by September 30th of each year. The reports
2031-shall include data relating to the recidivism rate among
2032-program participants.
2033-Availability of these programs shall be subject to the
2034-limits of fiscal resources appropriated by the General
2035-Assembly for these purposes. Eligible inmates who are denied
2036-immediate admission shall be placed on a waiting list under
2037-criteria established by the Department. The rules and
2038-regulations shall provide that a prisoner who has been placed
2039-on a waiting list but is transferred for non-disciplinary
2040-reasons before beginning a program shall receive priority
2041-placement on the waitlist for appropriate programs at the new
2042-facility. The inability of any inmate to become engaged in any
2043-such programs by reason of insufficient program resources or
2044-for any other reason established under the rules and
2045-
2046-
2047-regulations of the Department shall not be deemed a cause of
2048-action under which the Department or any employee or agent of
2049-the Department shall be liable for damages to the inmate. The
2050-rules and regulations shall provide that a prisoner who begins
2051-an educational, vocational, substance abuse, work-release
2052-programs or activities in accordance with Article 13 of
2053-Chapter III of this Code, behavior modification program, life
2054-skills course, re-entry planning, or correctional industry
2055-programs but is unable to complete the program due to illness,
2056-disability, transfer, lockdown, or another reason outside of
2057-the prisoner's control shall receive prorated sentence credits
2058-for the days in which the prisoner did participate.
2059-(4.1) Except as provided in paragraph (4.7) of this
2060-subsection (a), the rules and regulations shall also provide
2061-that an additional 90 days of sentence credit shall be awarded
2062-to any prisoner who passes high school equivalency testing
2063-while the prisoner is committed to the Department of
2064-Corrections. The sentence credit awarded under this paragraph
2065-(4.1) shall be in addition to, and shall not affect, the award
2066-of sentence credit under any other paragraph of this Section,
2067-but shall also be pursuant to the guidelines and restrictions
2068-set forth in paragraph (4) of subsection (a) of this Section.
2069-The sentence credit provided for in this paragraph shall be
2070-available only to those prisoners who have not previously
2071-earned a high school diploma or a State of Illinois High School
2072-Diploma. If, after an award of the high school equivalency
2073-
2074-
2075-testing sentence credit has been made, the Department
2076-determines that the prisoner was not eligible, then the award
2077-shall be revoked. The Department may also award 90 days of
2078-sentence credit to any committed person who passed high school
2079-equivalency testing while he or she was held in pre-trial
2080-detention prior to the current commitment to the Department of
2081-Corrections. Except as provided in paragraph (4.7) of this
2082-subsection (a), the rules and regulations shall provide that
2083-an additional 120 days of sentence credit shall be awarded to
2084-any prisoner who obtains an associate degree while the
2085-prisoner is committed to the Department of Corrections,
2086-regardless of the date that the associate degree was obtained,
2087-including if prior to July 1, 2021 (the effective date of
2088-Public Act 101-652). The sentence credit awarded under this
2089-paragraph (4.1) shall be in addition to, and shall not affect,
2090-the award of sentence credit under any other paragraph of this
2091-Section, but shall also be under the guidelines and
2092-restrictions set forth in paragraph (4) of subsection (a) of
2093-this Section. The sentence credit provided for in this
2094-paragraph (4.1) shall be available only to those prisoners who
2095-have not previously earned an associate degree prior to the
2096-current commitment to the Department of Corrections. If, after
2097-an award of the associate degree sentence credit has been made
2098-and the Department determines that the prisoner was not
2099-eligible, then the award shall be revoked. The Department may
2100-also award 120 days of sentence credit to any committed person
2101-
2102-
2103-who earned an associate degree while he or she was held in
2104-pre-trial detention prior to the current commitment to the
2105-Department of Corrections.
2106-Except as provided in paragraph (4.7) of this subsection
2107-(a), the rules and regulations shall provide that an
2108-additional 180 days of sentence credit shall be awarded to any
2109-prisoner who obtains a bachelor's degree while the prisoner is
2110-committed to the Department of Corrections. The sentence
2111-credit awarded under this paragraph (4.1) shall be in addition
2112-to, and shall not affect, the award of sentence credit under
2113-any other paragraph of this Section, but shall also be under
2114-the guidelines and restrictions set forth in paragraph (4) of
2115-this subsection (a). The sentence credit provided for in this
2116-paragraph shall be available only to those prisoners who have
2117-not earned a bachelor's degree prior to the current commitment
2118-to the Department of Corrections. If, after an award of the
2119-bachelor's degree sentence credit has been made, the
2120-Department determines that the prisoner was not eligible, then
2121-the award shall be revoked. The Department may also award 180
2122-days of sentence credit to any committed person who earned a
2123-bachelor's degree while he or she was held in pre-trial
2124-detention prior to the current commitment to the Department of
2125-Corrections.
2126-Except as provided in paragraph (4.7) of this subsection
2127-(a), the rules and regulations shall provide that an
2128-additional 180 days of sentence credit shall be awarded to any
2129-
2130-
2131-prisoner who obtains a master's or professional degree while
2132-the prisoner is committed to the Department of Corrections.
2133-The sentence credit awarded under this paragraph (4.1) shall
2134-be in addition to, and shall not affect, the award of sentence
2135-credit under any other paragraph of this Section, but shall
2136-also be under the guidelines and restrictions set forth in
2137-paragraph (4) of this subsection (a). The sentence credit
2138-provided for in this paragraph shall be available only to
2139-those prisoners who have not previously earned a master's or
2140-professional degree prior to the current commitment to the
2141-Department of Corrections. If, after an award of the master's
2142-or professional degree sentence credit has been made, the
2143-Department determines that the prisoner was not eligible, then
2144-the award shall be revoked. The Department may also award 180
2145-days of sentence credit to any committed person who earned a
2146-master's or professional degree while he or she was held in
2147-pre-trial detention prior to the current commitment to the
2148-Department of Corrections.
2149-(4.2) The rules and regulations shall also provide that
2150-any prisoner engaged in self-improvement programs, volunteer
2151-work, or work assignments that are not otherwise eligible
2152-activities under paragraph (4), shall receive up to 0.5 days
2153-of sentence credit for each day in which the prisoner is
2154-engaged in activities described in this paragraph.
2155-(4.5) The rules and regulations on sentence credit shall
2156-also provide that when the court's sentencing order recommends
2157-
2158-
2159-a prisoner for substance abuse treatment and the crime was
2160-committed on or after September 1, 2003 (the effective date of
2161-Public Act 93-354), the prisoner shall receive no sentence
2162-credit awarded under clause (3) of this subsection (a) unless
2163-he or she participates in and completes a substance abuse
2164-treatment program. The Director of Corrections may waive the
2165-requirement to participate in or complete a substance abuse
2166-treatment program in specific instances if the prisoner is not
2167-a good candidate for a substance abuse treatment program for
2168-medical, programming, or operational reasons. Availability of
2169-substance abuse treatment shall be subject to the limits of
2170-fiscal resources appropriated by the General Assembly for
2171-these purposes. If treatment is not available and the
2172-requirement to participate and complete the treatment has not
2173-been waived by the Director, the prisoner shall be placed on a
2174-waiting list under criteria established by the Department. The
2175-Director may allow a prisoner placed on a waiting list to
2176-participate in and complete a substance abuse education class
2177-or attend substance abuse self-help meetings in lieu of a
2178-substance abuse treatment program. A prisoner on a waiting
2179-list who is not placed in a substance abuse program prior to
2180-release may be eligible for a waiver and receive sentence
2181-credit under clause (3) of this subsection (a) at the
2182-discretion of the Director.
2183-(4.6) The rules and regulations on sentence credit shall
2184-also provide that a prisoner who has been convicted of a sex
2185-
2186-
2187-offense as defined in Section 2 of the Sex Offender
2188-Registration Act shall receive no sentence credit unless he or
2189-she either has successfully completed or is participating in
2190-sex offender treatment as defined by the Sex Offender
2191-Management Board. However, prisoners who are waiting to
2192-receive treatment, but who are unable to do so due solely to
2193-the lack of resources on the part of the Department, may, at
2194-either Director's sole discretion, be awarded sentence credit
2195-at a rate as the Director shall determine.
2196-(4.7) On or after January 1, 2018 (the effective date of
2197-Public Act 100-3), sentence credit under paragraph (3), (4),
2198-or (4.1) of this subsection (a) may be awarded to a prisoner
2199-who is serving a sentence for an offense described in
2200-paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
2201-on or after January 1, 2018 (the effective date of Public Act
2202-100-3); provided, the award of the credits under this
2203-paragraph (4.7) shall not reduce the sentence of the prisoner
2204-to less than the following amounts:
2205-(i) 85% of his or her sentence if the prisoner is
2206-required to serve 85% of his or her sentence; or
2207-(ii) 60% of his or her sentence if the prisoner is
2208-required to serve 75% of his or her sentence, except if the
2209-prisoner is serving a sentence for gunrunning his or her
2210-sentence shall not be reduced to less than 75%.
2211-(iii) 100% of his or her sentence if the prisoner is
2212-required to serve 100% of his or her sentence.
2213-
2214-
2215-(5) Whenever the Department is to release any inmate
2216-earlier than it otherwise would because of a grant of earned
2217-sentence credit under paragraph (3) of subsection (a) of this
2218-Section given at any time during the term, the Department
2219-shall give reasonable notice of the impending release not less
2220-than 14 days prior to the date of the release to the State's
2221-Attorney of the county where the prosecution of the inmate
2222-took place, and if applicable, the State's Attorney of the
2223-county into which the inmate will be released. The Department
2224-must also make identification information and a recent photo
2225-of the inmate being released accessible on the Internet by
2226-means of a hyperlink labeled "Community Notification of Inmate
2227-Early Release" on the Department's World Wide Web homepage.
2228-The identification information shall include the inmate's:
2229-name, any known alias, date of birth, physical
2230-characteristics, commitment offense, and county where
2231-conviction was imposed. The identification information shall
2232-be placed on the website within 3 days of the inmate's release
2233-and the information may not be removed until either:
2234-completion of the first year of mandatory supervised release
2235-or return of the inmate to custody of the Department.
2236-(b) Whenever a person is or has been committed under
2237-several convictions, with separate sentences, the sentences
2238-shall be construed under Section 5-8-4 in granting and
2239-forfeiting of sentence credit.
2240-(c) (1) The Department shall prescribe rules and
2241-
2242-
2243-regulations for revoking sentence credit, including revoking
2244-sentence credit awarded under paragraph (3) of subsection (a)
2245-of this Section. The Department shall prescribe rules and
2246-regulations establishing and requiring the use of a sanctions
2247-matrix for revoking sentence credit. The Department shall
2248-prescribe rules and regulations for suspending or reducing the
2249-rate of accumulation of sentence credit for specific rule
2250-violations, during imprisonment. These rules and regulations
2251-shall provide that no inmate may be penalized more than one
2252-year of sentence credit for any one infraction.
2253-(2) When the Department seeks to revoke, suspend, or
2254-reduce the rate of accumulation of any sentence credits for an
2255-alleged infraction of its rules, it shall bring charges
2256-therefor against the prisoner sought to be so deprived of
2257-sentence credits before the Prisoner Review Board as provided
2258-in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2259-amount of credit at issue exceeds 30 days, whether from one
2260-infraction or cumulatively from multiple infractions arising
2261-out of a single event, or when, during any 12-month period, the
2262-cumulative amount of credit revoked exceeds 30 days except
2263-where the infraction is committed or discovered within 60 days
2264-of scheduled release. In those cases, the Department of
2265-Corrections may revoke up to 30 days of sentence credit. The
2266-Board may subsequently approve the revocation of additional
2267-sentence credit, if the Department seeks to revoke sentence
2268-credit in excess of 30 days. However, the Board shall not be
2269-
2270-
2271-empowered to review the Department's decision with respect to
2272-the loss of 30 days of sentence credit within any calendar year
2273-for any prisoner or to increase any penalty beyond the length
2274-requested by the Department.
2275-(3) The Director of Corrections or the Director of
2276-Juvenile Justice, in appropriate cases, may restore sentence
2277-credits which have been revoked, suspended, or reduced. The
2278-Department shall prescribe rules and regulations governing the
2279-restoration of sentence credits. These rules and regulations
2280-shall provide for the automatic restoration of sentence
2281-credits following a period in which the prisoner maintains a
2282-record without a disciplinary violation.
2283-Nothing contained in this Section shall prohibit the
2284-Prisoner Review Board from ordering, pursuant to Section
2285-3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
2286-sentence imposed by the court that was not served due to the
2287-accumulation of sentence credit.
2288-(d) If a lawsuit is filed by a prisoner in an Illinois or
2289-federal court against the State, the Department of
2290-Corrections, or the Prisoner Review Board, or against any of
2291-their officers or employees, and the court makes a specific
2292-finding that a pleading, motion, or other paper filed by the
2293-prisoner is frivolous, the Department of Corrections shall
2294-conduct a hearing to revoke up to 180 days of sentence credit
2295-by bringing charges against the prisoner sought to be deprived
2296-of the sentence credits before the Prisoner Review Board as
2297-
2298-
2299-provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
2300-If the prisoner has not accumulated 180 days of sentence
2301-credit at the time of the finding, then the Prisoner Review
2302-Board may revoke all sentence credit accumulated by the
2303-prisoner.
2304-For purposes of this subsection (d):
2305-(1) "Frivolous" means that a pleading, motion, or
2306-other filing which purports to be a legal document filed
2307-by a prisoner in his or her lawsuit meets any or all of the
2308-following criteria:
2309-(A) it lacks an arguable basis either in law or in
2310-fact;
2311-(B) it is being presented for any improper
2312-purpose, such as to harass or to cause unnecessary
2313-delay or needless increase in the cost of litigation;
2314-(C) the claims, defenses, and other legal
2315-contentions therein are not warranted by existing law
2316-or by a nonfrivolous argument for the extension,
2317-modification, or reversal of existing law or the
2318-establishment of new law;
2319-(D) the allegations and other factual contentions
2320-do not have evidentiary support or, if specifically so
2321-identified, are not likely to have evidentiary support
2322-after a reasonable opportunity for further
2323-investigation or discovery; or
2324-(E) the denials of factual contentions are not
2325-
2326-
2327-warranted on the evidence, or if specifically so
2328-identified, are not reasonably based on a lack of
2329-information or belief.
2330-(2) "Lawsuit" means a motion pursuant to Section 116-3
2331-of the Code of Criminal Procedure of 1963, a habeas corpus
2332-action under Article X of the Code of Civil Procedure or
2333-under federal law (28 U.S.C. 2254), a petition for claim
2334-under the Court of Claims Act, an action under the federal
2335-Civil Rights Act (42 U.S.C. 1983), or a second or
2336-subsequent petition for post-conviction relief under
2337-Article 122 of the Code of Criminal Procedure of 1963
2338-whether filed with or without leave of court or a second or
2339-subsequent petition for relief from judgment under Section
2340-2-1401 of the Code of Civil Procedure.
2341-(e) Nothing in Public Act 90-592 or 90-593 affects the
2342-validity of Public Act 89-404.
2343-(f) Whenever the Department is to release any inmate who
2344-has been convicted of a violation of an order of protection
2345-under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
2346-the Criminal Code of 2012, earlier than it otherwise would
2347-because of a grant of sentence credit, the Department, as a
2348-condition of release, shall require that the person, upon
2349-release, be placed under electronic surveillance as provided
2350-in Section 5-8A-7 of this Code.
2351-(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
2352-102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
2353-
2354-
2355-5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
2356-(730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
2357-Sec. 3-8-10. Intrastate Detainers. Subsection Except for
2358-persons sentenced to death, subsection (b), (c) and (e) of
2359-Section 103-5 of the Code of Criminal Procedure of 1963 shall
2360-also apply to persons committed to any institution or facility
2361-or program of the Illinois Department of Corrections who have
2362-untried complaints, charges or indictments pending in any
2363-county of this State, and such person shall include in the
2364-demand under subsection (b), a statement of the place of
2365-present commitment, the term, and length of the remaining
2366-term, the charges pending against him or her to be tried and
2367-the county of the charges, and the demand shall be addressed to
2368-the state's attorney of the county where he or she is charged
2369-with a copy to the clerk of that court and a copy to the chief
2370-administrative officer of the Department of Corrections
2371-institution or facility to which he or she is committed. The
2372-state's attorney shall then procure the presence of the
2373-defendant for trial in his county by habeas corpus. Additional
2374-time may be granted by the court for the process of bringing
2375-and serving an order of habeas corpus ad prosequendum. In the
2376-event that the person is not brought to trial within the
2377-allotted time, then the charge for which he or she has
2378-requested a speedy trial shall be dismissed. The provisions of
2379-this Section do not apply to persons no longer committed to a
2380-
2381-
2382-facility or program of the Illinois Department of Corrections.
2383-A person serving a period of parole or mandatory supervised
2384-release under the supervision of the Department of
2385-Corrections, for the purpose of this Section, shall not be
2386-deemed to be committed to the Department.
2387-(Source: P.A. 96-642, eff. 8-24-09.)
2388-(730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
2389-Sec. 5-1-9. Felony.
2390-"Felony" means an offense for which a sentence to death or
2391-to a term of imprisonment in a penitentiary for one year or
2392-more is provided.
2393-(Source: P.A. 77-2097.)
2394-(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
2395-Sec. 5-4-1. Sentencing hearing.
2396-(a) After Except when the death penalty is sought under
2397-hearing procedures otherwise specified, after a determination
2398-of guilt, a hearing shall be held to impose the sentence.
2399-However, prior to the imposition of sentence on an individual
2400-being sentenced for an offense based upon a charge for a
2401-violation of Section 11-501 of the Illinois Vehicle Code or a
2402-similar provision of a local ordinance, the individual must
2403-undergo a professional evaluation to determine if an alcohol
2404-or other drug abuse problem exists and the extent of such a
2405-problem. Programs conducting these evaluations shall be
2406-
2407-
2408-licensed by the Department of Human Services. However, if the
2409-individual is not a resident of Illinois, the court may, in its
2410-discretion, accept an evaluation from a program in the state
2411-of such individual's residence. The court shall make a
2412-specific finding about whether the defendant is eligible for
2413-participation in a Department impact incarceration program as
2414-provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
2415-explanation as to why a sentence to impact incarceration is
2416-not an appropriate sentence. The court may in its sentencing
2417-order recommend a defendant for placement in a Department of
2418-Corrections substance abuse treatment program as provided in
2419-paragraph (a) of subsection (1) of Section 3-2-2 conditioned
2420-upon the defendant being accepted in a program by the
2421-Department of Corrections. At the hearing the court shall:
2422-(1) consider the evidence, if any, received upon the
2423-trial;
2424-(2) consider any presentence reports;
2425-(3) consider the financial impact of incarceration
2426-based on the financial impact statement filed with the
2427-clerk of the court by the Department of Corrections;
2428-(4) consider evidence and information offered by the
2429-parties in aggravation and mitigation;
2430-(4.5) consider substance abuse treatment, eligibility
2431-screening, and an assessment, if any, of the defendant by
2432-an agent designated by the State of Illinois to provide
2433-assessment services for the Illinois courts;
2434-
2435-
2436-(5) hear arguments as to sentencing alternatives;
2437-(6) afford the defendant the opportunity to make a
2438-statement in his own behalf;
2439-(7) afford the victim of a violent crime or a
2440-violation of Section 11-501 of the Illinois Vehicle Code,
2441-or a similar provision of a local ordinance, the
2442-opportunity to present an oral or written statement, as
2443-guaranteed by Article I, Section 8.1 of the Illinois
2444-Constitution and provided in Section 6 of the Rights of
2445-Crime Victims and Witnesses Act. The court shall allow a
2446-victim to make an oral statement if the victim is present
2447-in the courtroom and requests to make an oral or written
2448-statement. An oral or written statement includes the
2449-victim or a representative of the victim reading the
2450-written statement. The court may allow persons impacted by
2451-the crime who are not victims under subsection (a) of
2452-Section 3 of the Rights of Crime Victims and Witnesses Act
2453-to present an oral or written statement. A victim and any
2454-person making an oral statement shall not be put under
2455-oath or subject to cross-examination. All statements
2456-offered under this paragraph (7) shall become part of the
2457-record of the court. In this paragraph (7), "victim of a
2458-violent crime" means a person who is a victim of a violent
2459-crime for which the defendant has been convicted after a
2460-bench or jury trial or a person who is the victim of a
2461-violent crime with which the defendant was charged and the
2462-
2463-
2464-defendant has been convicted under a plea agreement of a
2465-crime that is not a violent crime as defined in subsection
2466-(c) of 3 of the Rights of Crime Victims and Witnesses Act;
2467-(7.5) afford a qualified person affected by: (i) a
2468-violation of Section 405, 405.1, 405.2, or 407 of the
2469-Illinois Controlled Substances Act or a violation of
2470-Section 55 or Section 65 of the Methamphetamine Control
2471-and Community Protection Act; or (ii) a Class 4 felony
2472-violation of Section 11-14, 11-14.3 except as described in
2473-subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
2474-11-18.1, or 11-19 of the Criminal Code of 1961 or the
2475-Criminal Code of 2012, committed by the defendant the
2476-opportunity to make a statement concerning the impact on
2477-the qualified person and to offer evidence in aggravation
2478-or mitigation; provided that the statement and evidence
2479-offered in aggravation or mitigation shall first be
2480-prepared in writing in conjunction with the State's
2481-Attorney before it may be presented orally at the hearing.
2482-Sworn testimony offered by the qualified person is subject
2483-to the defendant's right to cross-examine. All statements
2484-and evidence offered under this paragraph (7.5) shall
2485-become part of the record of the court. In this paragraph
2486-(7.5), "qualified person" means any person who: (i) lived
2487-or worked within the territorial jurisdiction where the
2488-offense took place when the offense took place; or (ii) is
2489-familiar with various public places within the territorial
2490-
2491-
2492-jurisdiction where the offense took place when the offense
2493-took place. "Qualified person" includes any peace officer
2494-or any member of any duly organized State, county, or
2495-municipal peace officer unit assigned to the territorial
2496-jurisdiction where the offense took place when the offense
2497-took place;
2498-(8) in cases of reckless homicide afford the victim's
2499-spouse, guardians, parents or other immediate family
2500-members an opportunity to make oral statements;
2501-(9) in cases involving a felony sex offense as defined
2502-under the Sex Offender Management Board Act, consider the
2503-results of the sex offender evaluation conducted pursuant
2504-to Section 5-3-2 of this Act; and
2505-(10) make a finding of whether a motor vehicle was
2506-used in the commission of the offense for which the
2507-defendant is being sentenced.
2508-(b) All sentences shall be imposed by the judge based upon
2509-his independent assessment of the elements specified above and
2510-any agreement as to sentence reached by the parties. The judge
2511-who presided at the trial or the judge who accepted the plea of
2512-guilty shall impose the sentence unless he is no longer
2513-sitting as a judge in that court. Where the judge does not
2514-impose sentence at the same time on all defendants who are
2515-convicted as a result of being involved in the same offense,
2516-the defendant or the State's Attorney may advise the
2517-sentencing court of the disposition of any other defendants
2518-
2519-
2520-who have been sentenced.
2521-(b-1) In imposing a sentence of imprisonment or periodic
2522-imprisonment for a Class 3 or Class 4 felony for which a
2523-sentence of probation or conditional discharge is an available
2524-sentence, if the defendant has no prior sentence of probation
2525-or conditional discharge and no prior conviction for a violent
2526-crime, the defendant shall not be sentenced to imprisonment
2527-before review and consideration of a presentence report and
2528-determination and explanation of why the particular evidence,
2529-information, factor in aggravation, factual finding, or other
2530-reasons support a sentencing determination that one or more of
2531-the factors under subsection (a) of Section 5-6-1 of this Code
2532-apply and that probation or conditional discharge is not an
2533-appropriate sentence.
2534-(c) In imposing a sentence for a violent crime or for an
2535-offense of operating or being in physical control of a vehicle
2536-while under the influence of alcohol, any other drug or any
2537-combination thereof, or a similar provision of a local
2538-ordinance, when such offense resulted in the personal injury
2539-to someone other than the defendant, the trial judge shall
2540-specify on the record the particular evidence, information,
2541-factors in mitigation and aggravation or other reasons that
2542-led to his sentencing determination. The full verbatim record
2543-of the sentencing hearing shall be filed with the clerk of the
2544-court and shall be a public record.
2545-(c-1) In imposing a sentence for the offense of aggravated
2546-
2547-
2548-kidnapping for ransom, home invasion, armed robbery,
2549-aggravated vehicular hijacking, aggravated discharge of a
2550-firearm, or armed violence with a category I weapon or
2551-category II weapon, the trial judge shall make a finding as to
2552-whether the conduct leading to conviction for the offense
2553-resulted in great bodily harm to a victim, and shall enter that
2554-finding and the basis for that finding in the record.
2555-(c-1.5) Notwithstanding any other provision of law to the
2556-contrary, in imposing a sentence for an offense that requires
2557-a mandatory minimum sentence of imprisonment, the court may
2558-instead sentence the offender to probation, conditional
2559-discharge, or a lesser term of imprisonment it deems
2560-appropriate if: (1) the offense involves the use or possession
2561-of drugs, retail theft, or driving on a revoked license due to
2562-unpaid financial obligations; (2) the court finds that the
2563-defendant does not pose a risk to public safety; and (3) the
2564-interest of justice requires imposing a term of probation,
2565-conditional discharge, or a lesser term of imprisonment. The
2566-court must state on the record its reasons for imposing
2567-probation, conditional discharge, or a lesser term of
2568-imprisonment.
2569-(c-2) If the defendant is sentenced to prison, other than
2570-when a sentence of natural life imprisonment or a sentence of
2571-death is imposed, at the time the sentence is imposed the judge
2572-shall state on the record in open court the approximate period
2573-of time the defendant will serve in custody according to the
2574-
2575-
2576-then current statutory rules and regulations for sentence
2577-credit found in Section 3-6-3 and other related provisions of
2578-this Code. This statement is intended solely to inform the
2579-public, has no legal effect on the defendant's actual release,
2580-and may not be relied on by the defendant on appeal.
2581-The judge's statement, to be given after pronouncing the
2582-sentence, other than when the sentence is imposed for one of
2583-the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
2584-shall include the following:
2585-"The purpose of this statement is to inform the public of
2586-the actual period of time this defendant is likely to spend in
2587-prison as a result of this sentence. The actual period of
2588-prison time served is determined by the statutes of Illinois
2589-as applied to this sentence by the Illinois Department of
2590-Corrections and the Illinois Prisoner Review Board. In this
2591-case, assuming the defendant receives all of his or her
2592-sentence credit, the period of estimated actual custody is ...
2593-years and ... months, less up to 180 days additional earned
2594-sentence credit. If the defendant, because of his or her own
2595-misconduct or failure to comply with the institutional
2596-regulations, does not receive those credits, the actual time
2597-served in prison will be longer. The defendant may also
2598-receive an additional one-half day sentence credit for each
2599-day of participation in vocational, industry, substance abuse,
2600-and educational programs as provided for by Illinois statute."
2601-When the sentence is imposed for one of the offenses
2602-
2603-
2604-enumerated in paragraph (a)(2) of Section 3-6-3, other than
2605-first degree murder, and the offense was committed on or after
2606-June 19, 1998, and when the sentence is imposed for reckless
2607-homicide as defined in subsection (e) of Section 9-3 of the
2608-Criminal Code of 1961 or the Criminal Code of 2012 if the
2609-offense was committed on or after January 1, 1999, and when the
2610-sentence is imposed for aggravated driving under the influence
2611-of alcohol, other drug or drugs, or intoxicating compound or
2612-compounds, or any combination thereof as defined in
2613-subparagraph (F) of paragraph (1) of subsection (d) of Section
2614-11-501 of the Illinois Vehicle Code, and when the sentence is
2615-imposed for aggravated arson if the offense was committed on
2616-or after July 27, 2001 (the effective date of Public Act
2617-92-176), and when the sentence is imposed for aggravated
2618-driving under the influence of alcohol, other drug or drugs,
2619-or intoxicating compound or compounds, or any combination
2620-thereof as defined in subparagraph (C) of paragraph (1) of
2621-subsection (d) of Section 11-501 of the Illinois Vehicle Code
2622-committed on or after January 1, 2011 (the effective date of
2623-Public Act 96-1230), the judge's statement, to be given after
2624-pronouncing the sentence, shall include the following:
2625-"The purpose of this statement is to inform the public of
2626-the actual period of time this defendant is likely to spend in
2627-prison as a result of this sentence. The actual period of
2628-prison time served is determined by the statutes of Illinois
2629-as applied to this sentence by the Illinois Department of
2630-
2631-
2632-Corrections and the Illinois Prisoner Review Board. In this
2633-case, the defendant is entitled to no more than 4 1/2 days of
2634-sentence credit for each month of his or her sentence of
2635-imprisonment. Therefore, this defendant will serve at least
2636-85% of his or her sentence. Assuming the defendant receives 4
2637-1/2 days credit for each month of his or her sentence, the
2638-period of estimated actual custody is ... years and ...
2639-months. If the defendant, because of his or her own misconduct
2640-or failure to comply with the institutional regulations
2641-receives lesser credit, the actual time served in prison will
2642-be longer."
2643-When a sentence of imprisonment is imposed for first
2644-degree murder and the offense was committed on or after June
2645-19, 1998, the judge's statement, to be given after pronouncing
2646-the sentence, shall include the following:
2647-"The purpose of this statement is to inform the public of
2648-the actual period of time this defendant is likely to spend in
2649-prison as a result of this sentence. The actual period of
2650-prison time served is determined by the statutes of Illinois
2651-as applied to this sentence by the Illinois Department of
2652-Corrections and the Illinois Prisoner Review Board. In this
2653-case, the defendant is not entitled to sentence credit.
2654-Therefore, this defendant will serve 100% of his or her
2655-sentence."
2656-When the sentencing order recommends placement in a
2657-substance abuse program for any offense that results in
2658-
2659-
2660-incarceration in a Department of Corrections facility and the
2661-crime was committed on or after September 1, 2003 (the
2662-effective date of Public Act 93-354), the judge's statement,
2663-in addition to any other judge's statement required under this
2664-Section, to be given after pronouncing the sentence, shall
2665-include the following:
2666-"The purpose of this statement is to inform the public of
2667-the actual period of time this defendant is likely to spend in
2668-prison as a result of this sentence. The actual period of
2669-prison time served is determined by the statutes of Illinois
2670-as applied to this sentence by the Illinois Department of
2671-Corrections and the Illinois Prisoner Review Board. In this
2672-case, the defendant shall receive no earned sentence credit
2673-under clause (3) of subsection (a) of Section 3-6-3 until he or
2674-she participates in and completes a substance abuse treatment
2675-program or receives a waiver from the Director of Corrections
2676-pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
2677-(c-4) Before the sentencing hearing and as part of the
2678-presentence investigation under Section 5-3-1, the court shall
2679-inquire of the defendant whether the defendant is currently
2680-serving in or is a veteran of the Armed Forces of the United
2681-States. If the defendant is currently serving in the Armed
2682-Forces of the United States or is a veteran of the Armed Forces
2683-of the United States and has been diagnosed as having a mental
2684-illness by a qualified psychiatrist or clinical psychologist
2685-or physician, the court may:
2686-
2687-
2688-(1) order that the officer preparing the presentence
2689-report consult with the United States Department of
2690-Veterans Affairs, Illinois Department of Veterans'
2691-Affairs, or another agency or person with suitable
2692-knowledge or experience for the purpose of providing the
2693-court with information regarding treatment options
2694-available to the defendant, including federal, State, and
2695-local programming; and
2696-(2) consider the treatment recommendations of any
2697-diagnosing or treating mental health professionals
2698-together with the treatment options available to the
2699-defendant in imposing sentence.
2700-For the purposes of this subsection (c-4), "qualified
2701-psychiatrist" means a reputable physician licensed in Illinois
2702-to practice medicine in all its branches, who has specialized
2703-in the diagnosis and treatment of mental and nervous disorders
2704-for a period of not less than 5 years.
2705-(c-6) In imposing a sentence, the trial judge shall
2706-specify, on the record, the particular evidence and other
2707-reasons which led to his or her determination that a motor
2708-vehicle was used in the commission of the offense.
2709-(c-7) In imposing a sentence for a Class 3 or 4 felony,
2710-other than a violent crime as defined in Section 3 of the
2711-Rights of Crime Victims and Witnesses Act, the court shall
2712-determine and indicate in the sentencing order whether the
2713-defendant has 4 or more or fewer than 4 months remaining on his
2714-
2715-
2716-or her sentence accounting for time served.
2717-(d) When the defendant is committed to the Department of
2718-Corrections, the State's Attorney shall and counsel for the
2719-defendant may file a statement with the clerk of the court to
2720-be transmitted to the department, agency or institution to
2721-which the defendant is committed to furnish such department,
2722-agency or institution with the facts and circumstances of the
2723-offense for which the person was committed together with all
2724-other factual information accessible to them in regard to the
2725-person prior to his commitment relative to his habits,
2726-associates, disposition and reputation and any other facts and
2727-circumstances which may aid such department, agency or
2728-institution during its custody of such person. The clerk shall
2729-within 10 days after receiving any such statements transmit a
2730-copy to such department, agency or institution and a copy to
2731-the other party, provided, however, that this shall not be
2732-cause for delay in conveying the person to the department,
2733-agency or institution to which he has been committed.
2734-(e) The clerk of the court shall transmit to the
2735-department, agency or institution, if any, to which the
2736-defendant is committed, the following:
2737-(1) the sentence imposed;
2738-(2) any statement by the court of the basis for
2739-imposing the sentence;
2740-(3) any presentence reports;
2741-(3.5) any sex offender evaluations;
2742-
2743-
2744-(3.6) any substance abuse treatment eligibility
2745-screening and assessment of the defendant by an agent
2746-designated by the State of Illinois to provide assessment
2747-services for the Illinois courts;
2748-(4) the number of days, if any, which the defendant
2749-has been in custody and for which he is entitled to credit
2750-against the sentence, which information shall be provided
2751-to the clerk by the sheriff;
2752-(4.1) any finding of great bodily harm made by the
2753-court with respect to an offense enumerated in subsection
2754-(c-1);
2755-(5) all statements filed under subsection (d) of this
2756-Section;
2757-(6) any medical or mental health records or summaries
2758-of the defendant;
2759-(7) the municipality where the arrest of the offender
2760-or the commission of the offense has occurred, where such
2761-municipality has a population of more than 25,000 persons;
2762-(8) all statements made and evidence offered under
2763-paragraph (7) of subsection (a) of this Section; and
2764-(9) all additional matters which the court directs the
2765-clerk to transmit.
2766-(f) In cases in which the court finds that a motor vehicle
2767-was used in the commission of the offense for which the
2768-defendant is being sentenced, the clerk of the court shall,
2769-within 5 days thereafter, forward a report of such conviction
2770-
2771-
2772-to the Secretary of State.
2773-(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;
2774-101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,
2775-Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
2776-(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
2777-Sec. 5-4-3. Specimens; genetic marker groups.
2778-(a) Any person convicted of, found guilty under the
2779-Juvenile Court Act of 1987 for, or who received a disposition
2780-of court supervision for, a qualifying offense or attempt of a
2781-qualifying offense, convicted or found guilty of any offense
2782-classified as a felony under Illinois law, convicted or found
2783-guilty of any offense requiring registration under the Sex
2784-Offender Registration Act, found guilty or given supervision
2785-for any offense classified as a felony under the Juvenile
2786-Court Act of 1987, convicted or found guilty of, under the
2787-Juvenile Court Act of 1987, any offense requiring registration
2788-under the Sex Offender Registration Act, or institutionalized
2789-as a sexually dangerous person under the Sexually Dangerous
2790-Persons Act, or committed as a sexually violent person under
2791-the Sexually Violent Persons Commitment Act shall, regardless
2792-of the sentence or disposition imposed, be required to submit
2793-specimens of blood, saliva, or tissue to the Illinois State
2794-Police in accordance with the provisions of this Section,
2795-provided such person is:
2796-(1) convicted of a qualifying offense or attempt of a
2797-
2798-
2799-qualifying offense on or after July 1, 1990 and sentenced
2800-to a term of imprisonment, periodic imprisonment, fine,
2801-probation, conditional discharge or any other form of
2802-sentence, or given a disposition of court supervision for
2803-the offense;
2804-(1.5) found guilty or given supervision under the
2805-Juvenile Court Act of 1987 for a qualifying offense or
2806-attempt of a qualifying offense on or after January 1,
2807-1997;
2808-(2) ordered institutionalized as a sexually dangerous
2809-person on or after July 1, 1990;
2810-(3) convicted of a qualifying offense or attempt of a
2811-qualifying offense before July 1, 1990 and is presently
2812-confined as a result of such conviction in any State
2813-correctional facility or county jail or is presently
2814-serving a sentence of probation, conditional discharge or
2815-periodic imprisonment as a result of such conviction;
2816-(3.5) convicted or found guilty of any offense
2817-classified as a felony under Illinois law or found guilty
2818-or given supervision for such an offense under the
2819-Juvenile Court Act of 1987 on or after August 22, 2002;
2820-(4) presently institutionalized as a sexually
2821-dangerous person or presently institutionalized as a
2822-person found guilty but mentally ill of a sexual offense
2823-or attempt to commit a sexual offense; or
2824-(4.5) ordered committed as a sexually violent person
2825-
2826-
2827-on or after the effective date of the Sexually Violent
2828-Persons Commitment Act.
2829-(a-1) Any person incarcerated in a facility of the
2830-Illinois Department of Corrections or the Illinois Department
2831-of Juvenile Justice on or after August 22, 2002, whether for a
2832-term of years or , natural life, or a sentence of death, who
2833-has not yet submitted a specimen of blood, saliva, or tissue
2834-shall be required to submit a specimen of blood, saliva, or
2835-tissue prior to his or her final discharge, or release on
2836-parole, aftercare release, or mandatory supervised release, as
2837-a condition of his or her parole, aftercare release, or
2838-mandatory supervised release, or within 6 months from August
2839-13, 2009 (the effective date of Public Act 96-426), whichever
2840-is sooner. A person incarcerated on or after August 13, 2009
2841-(the effective date of Public Act 96-426) shall be required to
2842-submit a specimen within 45 days of incarceration, or prior to
2843-his or her final discharge, or release on parole, aftercare
2844-release, or mandatory supervised release, as a condition of
2845-his or her parole, aftercare release, or mandatory supervised
2846-release, whichever is sooner. These specimens shall be placed
2847-into the State or national DNA database, to be used in
2848-accordance with other provisions of this Section, by the
2849-Illinois State Police.
2850-(a-2) Any person sentenced to life imprisonment in a
2851-facility of the Illinois Department of Corrections after the
2852-effective date of this amendatory Act of the 94th General
2853-
2854-
2855-Assembly or sentenced to death after the effective date of
2856-this amendatory Act of the 94th General Assembly shall be
2857-required to provide a specimen of blood, saliva, or tissue
2858-within 45 days after sentencing or disposition at a collection
2859-site designated by the Illinois State Police. Any person
2860-serving a sentence of life imprisonment in a facility of the
2861-Illinois Department of Corrections on the effective date of
2862-this amendatory Act of the 94th General Assembly or any person
2863-who is under a sentence of death on the effective date of this
2864-amendatory Act of the 94th General Assembly shall be required
2865-to provide a specimen of blood, saliva, or tissue upon request
2866-at a collection site designated by the Illinois State Police.
2867-(a-3) Any person seeking transfer to or residency in
2868-Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
2869-Code, the Interstate Compact for Adult Offender Supervision,
2870-or the Interstate Agreements on Sexually Dangerous Persons Act
2871-shall be required to provide a specimen of blood, saliva, or
2872-tissue within 45 days after transfer to or residency in
2873-Illinois at a collection site designated by the Illinois State
2874-Police.
2875-(a-3.1) Any person required by an order of the court to
2876-submit a DNA specimen shall be required to provide a specimen
2877-of blood, saliva, or tissue within 45 days after the court
2878-order at a collection site designated by the Illinois State
2879-Police.
2880-(a-3.2) On or after January 1, 2012 (the effective date of
2881-
2882-
2883-Public Act 97-383), any person arrested for any of the
2884-following offenses, after an indictment has been returned by a
2885-grand jury, or following a hearing pursuant to Section 109-3
2886-of the Code of Criminal Procedure of 1963 and a judge finds
2887-there is probable cause to believe the arrestee has committed
2888-one of the designated offenses, or an arrestee has waived a
2889-preliminary hearing shall be required to provide a specimen of
2890-blood, saliva, or tissue within 14 days after such indictment
2891-or hearing at a collection site designated by the Illinois
2892-State Police:
2893-(A) first degree murder;
2894-(B) home invasion;
2895-(C) predatory criminal sexual assault of a child;
2896-(D) aggravated criminal sexual assault; or
2897-(E) criminal sexual assault.
2898-(a-3.3) Any person required to register as a sex offender
2899-under the Sex Offender Registration Act, regardless of the
2900-date of conviction as set forth in subsection (c-5.2) shall be
2901-required to provide a specimen of blood, saliva, or tissue
2902-within the time period prescribed in subsection (c-5.2) at a
2903-collection site designated by the Illinois State Police.
2904-(a-5) Any person who was otherwise convicted of or
2905-received a disposition of court supervision for any other
2906-offense under the Criminal Code of 1961 or the Criminal Code of
2907-2012 or who was found guilty or given supervision for such a
2908-violation under the Juvenile Court Act of 1987, may,
2909-
2910-
2911-regardless of the sentence imposed, be required by an order of
2912-the court to submit specimens of blood, saliva, or tissue to
2913-the Illinois State Police in accordance with the provisions of
2914-this Section.
2915-(b) Any person required by paragraphs (a)(1), (a)(1.5),
2916-(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
2917-saliva, or tissue shall provide specimens of blood, saliva, or
2918-tissue within 45 days after sentencing or disposition at a
2919-collection site designated by the Illinois State Police.
2920-(c) Any person required by paragraphs (a)(3), (a)(4), and
2921-(a)(4.5) to provide specimens of blood, saliva, or tissue
2922-shall be required to provide such specimens prior to final
2923-discharge or within 6 months from August 13, 2009 (the
2924-effective date of Public Act 96-426), whichever is sooner.
2925-These specimens shall be placed into the State or national DNA
2926-database, to be used in accordance with other provisions of
2927-this Act, by the Illinois State Police.
2928-(c-5) Any person required by paragraph (a-3) to provide
2929-specimens of blood, saliva, or tissue shall, where feasible,
2930-be required to provide the specimens before being accepted for
2931-conditioned residency in Illinois under the interstate compact
2932-or agreement, but no later than 45 days after arrival in this
2933-State.
2934-(c-5.2) Unless it is determined that a registered sex
2935-offender has previously submitted a specimen of blood, saliva,
2936-or tissue that has been placed into the State DNA database, a
2937-
2938-
2939-person registering as a sex offender shall be required to
2940-submit a specimen at the time of his or her initial
2941-registration pursuant to the Sex Offender Registration Act or,
2942-for a person registered as a sex offender on or prior to
2943-January 1, 2012 (the effective date of Public Act 97-383),
2944-within one year of January 1, 2012 (the effective date of
2945-Public Act 97-383) or at the time of his or her next required
2946-registration.
2947-(c-6) The Illinois State Police may determine which type
2948-of specimen or specimens, blood, saliva, or tissue, is
2949-acceptable for submission to the Division of Forensic Services
2950-for analysis. The Illinois State Police may require the
2951-submission of fingerprints from anyone required to give a
2952-specimen under this Act.
2953-(d) The Illinois State Police shall provide all equipment
2954-and instructions necessary for the collection of blood
2955-specimens. The collection of specimens shall be performed in a
2956-medically approved manner. Only a physician authorized to
2957-practice medicine, a registered nurse or other qualified
2958-person trained in venipuncture may withdraw blood for the
2959-purposes of this Act. The specimens shall thereafter be
2960-forwarded to the Illinois State Police, Division of Forensic
2961-Services, for analysis and categorizing into genetic marker
2962-groupings.
2963-(d-1) The Illinois State Police shall provide all
2964-equipment and instructions necessary for the collection of
2965-
2966-
2967-saliva specimens. The collection of saliva specimens shall be
2968-performed in a medically approved manner. Only a person
2969-trained in the instructions promulgated by the Illinois State
2970-Police on collecting saliva may collect saliva for the
2971-purposes of this Section. The specimens shall thereafter be
2972-forwarded to the Illinois State Police, Division of Forensic
2973-Services, for analysis and categorizing into genetic marker
2974-groupings.
2975-(d-2) The Illinois State Police shall provide all
2976-equipment and instructions necessary for the collection of
2977-tissue specimens. The collection of tissue specimens shall be
2978-performed in a medically approved manner. Only a person
2979-trained in the instructions promulgated by the Illinois State
2980-Police on collecting tissue may collect tissue for the
2981-purposes of this Section. The specimens shall thereafter be
2982-forwarded to the Illinois State Police, Division of Forensic
2983-Services, for analysis and categorizing into genetic marker
2984-groupings.
2985-(d-5) To the extent that funds are available, the Illinois
2986-State Police shall contract with qualified personnel and
2987-certified laboratories for the collection, analysis, and
2988-categorization of known specimens, except as provided in
2989-subsection (n) of this Section.
2990-(d-6) Agencies designated by the Illinois State Police and
2991-the Illinois State Police may contract with third parties to
2992-provide for the collection or analysis of DNA, or both, of an
2993-
2994-
2995-offender's blood, saliva, and tissue specimens, except as
2996-provided in subsection (n) of this Section.
2997-(e) The genetic marker groupings shall be maintained by
2998-the Illinois State Police, Division of Forensic Services.
2999-(f) The genetic marker grouping analysis information
3000-obtained pursuant to this Act shall be confidential and shall
3001-be released only to peace officers of the United States, of
3002-other states or territories, of the insular possessions of the
3003-United States, of foreign countries duly authorized to receive
3004-the same, to all peace officers of the State of Illinois and to
3005-all prosecutorial agencies, and to defense counsel as provided
3006-by Section 116-5 of the Code of Criminal Procedure of 1963. The
3007-genetic marker grouping analysis information obtained pursuant
3008-to this Act shall be used only for (i) valid law enforcement
3009-identification purposes and as required by the Federal Bureau
3010-of Investigation for participation in the National DNA
3011-database, (ii) technology validation purposes, (iii) a
3012-population statistics database, (iv) quality assurance
3013-purposes if personally identifying information is removed, (v)
3014-assisting in the defense of the criminally accused pursuant to
3015-Section 116-5 of the Code of Criminal Procedure of 1963, or
3016-(vi) identifying and assisting in the prosecution of a person
3017-who is suspected of committing a sexual assault as defined in
3018-Section 1a of the Sexual Assault Survivors Emergency Treatment
3019-Act. Notwithstanding any other statutory provision to the
3020-contrary, all information obtained under this Section shall be
3021-
3022-
3023-maintained in a single State data base, which may be uploaded
3024-into a national database, and which information may be subject
3025-to expungement only as set forth in subsection (f-1).
3026-(f-1) Upon receipt of notification of a reversal of a
3027-conviction based on actual innocence, or of the granting of a
3028-pardon pursuant to Section 12 of Article V of the Illinois
3029-Constitution, if that pardon document specifically states that
3030-the reason for the pardon is the actual innocence of an
3031-individual whose DNA record has been stored in the State or
3032-national DNA identification index in accordance with this
3033-Section by the Illinois State Police, the DNA record shall be
3034-expunged from the DNA identification index, and the Department
3035-shall by rule prescribe procedures to ensure that the record
3036-and any specimens, analyses, or other documents relating to
3037-such record, whether in the possession of the Department or
3038-any law enforcement or police agency, or any forensic DNA
3039-laboratory, including any duplicates or copies thereof, are
3040-destroyed and a letter is sent to the court verifying the
3041-expungement is completed. For specimens required to be
3042-collected prior to conviction, unless the individual has other
3043-charges or convictions that require submission of a specimen,
3044-the DNA record for an individual shall be expunged from the DNA
3045-identification databases and the specimen destroyed upon
3046-receipt of a certified copy of a final court order for each
3047-charge against an individual in which the charge has been
3048-dismissed, resulted in acquittal, or that the charge was not
3049-
3050-
3051-filed within the applicable time period. The Department shall
3052-by rule prescribe procedures to ensure that the record and any
3053-specimens in the possession or control of the Department are
3054-destroyed and a letter is sent to the court verifying the
3055-expungement is completed.
3056-(f-5) Any person who intentionally uses genetic marker
3057-grouping analysis information, or any other information
3058-derived from a DNA specimen, beyond the authorized uses as
3059-provided under this Section, or any other Illinois law, is
3060-guilty of a Class 4 felony, and shall be subject to a fine of
3061-not less than $5,000.
3062-(f-6) The Illinois State Police may contract with third
3063-parties for the purposes of implementing this amendatory Act
3064-of the 93rd General Assembly, except as provided in subsection
3065-(n) of this Section. Any other party contracting to carry out
3066-the functions of this Section shall be subject to the same
3067-restrictions and requirements of this Section insofar as
3068-applicable, as the Illinois State Police, and to any
3069-additional restrictions imposed by the Illinois State Police.
3070-(g) For the purposes of this Section, "qualifying offense"
3071-means any of the following:
3072-(1) any violation or inchoate violation of Section
3073-11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
3074-12-16 of the Criminal Code of 1961 or the Criminal Code of
3075-2012;
3076-(1.1) any violation or inchoate violation of Section
3077-
3078-
3079-9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
3080-18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
3081-1961 or the Criminal Code of 2012 for which persons are
3082-convicted on or after July 1, 2001;
3083-(2) any former statute of this State which defined a
3084-felony sexual offense;
3085-(3) (blank);
3086-(4) any inchoate violation of Section 9-3.1, 9-3.4,
3087-11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
3088-the Criminal Code of 2012; or
3089-(5) any violation or inchoate violation of Article 29D
3090-of the Criminal Code of 1961 or the Criminal Code of 2012.
3091-(g-5) (Blank).
3092-(h) The Illinois State Police shall be the State central
3093-repository for all genetic marker grouping analysis
3094-information obtained pursuant to this Act. The Illinois State
3095-Police may promulgate rules for the form and manner of the
3096-collection of blood, saliva, or tissue specimens and other
3097-procedures for the operation of this Act. The provisions of
3098-the Administrative Review Law shall apply to all actions taken
3099-under the rules so promulgated.
3100-(i)(1) A person required to provide a blood, saliva, or
3101-tissue specimen shall cooperate with the collection of the
3102-specimen and any deliberate act by that person intended to
3103-impede, delay or stop the collection of the blood, saliva, or
3104-tissue specimen is a Class 4 felony.
3105-
3106-
3107-(2) In the event that a person's DNA specimen is not
3108-adequate for any reason, the person shall provide another DNA
3109-specimen for analysis. Duly authorized law enforcement and
3110-corrections personnel may employ reasonable force in cases in
3111-which an individual refuses to provide a DNA specimen required
3112-under this Act.
3113-(j) (Blank).
3114-(k) All analysis and categorization assessments provided
3115-under the Criminal and Traffic Assessments Act to the State
3116-Crime Laboratory Fund shall be regulated as follows:
3117-(1) (Blank).
3118-(2) (Blank).
3119-(3) Moneys deposited into the State Crime Laboratory
3120-Fund shall be used by Illinois State Police crime
3121-laboratories as designated by the Director of the Illinois
3122-State Police. These funds shall be in addition to any
3123-allocations made pursuant to existing laws and shall be
3124-designated for the exclusive use of State crime
3125-laboratories. These uses may include, but are not limited
3126-to, the following:
3127-(A) Costs incurred in providing analysis and
3128-genetic marker categorization as required by
3129-subsection (d).
3130-(B) Costs incurred in maintaining genetic marker
3131-groupings as required by subsection (e).
3132-(C) Costs incurred in the purchase and maintenance
3133-
3134-
3135-of equipment for use in performing analyses.
3136-(D) Costs incurred in continuing research and
3137-development of new techniques for analysis and genetic
3138-marker categorization.
3139-(E) Costs incurred in continuing education,
3140-training, and professional development of forensic
3141-scientists regularly employed by these laboratories.
3142-(l) The failure of a person to provide a specimen, or of
3143-any person or agency to collect a specimen, shall in no way
3144-alter the obligation of the person to submit such specimen, or
3145-the authority of the Illinois State Police or persons
3146-designated by the Illinois State Police to collect the
3147-specimen, or the authority of the Illinois State Police to
3148-accept, analyze and maintain the specimen or to maintain or
3149-upload results of genetic marker grouping analysis information
3150-into a State or national database.
3151-(m) If any provision of this amendatory Act of the 93rd
3152-General Assembly is held unconstitutional or otherwise
3153-invalid, the remainder of this amendatory Act of the 93rd
3154-General Assembly is not affected.
3155-(n) Neither the Illinois State Police, the Division of
3156-Forensic Services, nor any laboratory of the Division of
3157-Forensic Services may contract out forensic testing for the
3158-purpose of an active investigation or a matter pending before
3159-a court of competent jurisdiction without the written consent
3160-of the prosecuting agency. For the purposes of this subsection
3161-
3162-
3163-(n), "forensic testing" includes the analysis of physical
3164-evidence in an investigation or other proceeding for the
3165-prosecution of a violation of the Criminal Code of 1961 or the
3166-Criminal Code of 2012 or for matters adjudicated under the
3167-Juvenile Court Act of 1987, and includes the use of forensic
3168-databases and databanks, including DNA, firearm, and
3169-fingerprint databases, and expert testimony.
3170-(o) Mistake does not invalidate a database match. The
3171-detention, arrest, or conviction of a person based upon a
3172-database match or database information is not invalidated if
3173-it is determined that the specimen was obtained or placed in
3174-the database by mistake.
3175-(p) This Section may be referred to as the Illinois DNA
3176-Database Law of 2011.
3177-(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
3178-(730 ILCS 5/5-4.5-20)
3179-Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
3180-degree murder:
3181-(a) TERM. The defendant shall be sentenced to imprisonment
3182-or, if appropriate, death under Section 9-1 of the Criminal
3183-Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
3184-Imprisonment shall be for a determinate term, subject to
3185-Section 5-4.5-115 of this Code, of (1) not less than 20 years
3186-and not more than 60 years; (2) not less than 60 years and not
3187-more than 100 years when an extended term is imposed under
3188-
3189-
3190-Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
3191-provided in Section 5-8-1 (730 ILCS 5/5-8-1).
3192-(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
3193-shall not be imposed.
3194-(c) IMPACT INCARCERATION. The impact incarceration program
3195-or the county impact incarceration program is not an
3196-authorized disposition.
3197-(d) PROBATION; CONDITIONAL DISCHARGE. A period of
3198-probation or conditional discharge shall not be imposed.
3199-(e) FINE. Fines may be imposed as provided in Section
3200-5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
3201-(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3202-concerning restitution.
3203-(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
3204-be concurrent or consecutive as provided in Section 5-8-4 (730
3205-ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
3206-(h) DRUG COURT. Drug court is not an authorized
3207-disposition.
3208-(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
3209-ILCS 5/5-4.5-100) concerning no credit for time spent in home
3210-detention prior to judgment.
3211-(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
3212-for rules and regulations for sentence credit.
3213-(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
3214-monitoring and home detention are not authorized dispositions,
3215-except in limited circumstances as provided in Section 5-8A-3
3216-
3217-
3218-(730 ILCS 5/5-8A-3).
3219-(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
3220-provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
3221-mandatory supervised release term shall be 3 years upon
3222-release from imprisonment.
3223-(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
3224-101-288, eff. 1-1-20.)
3225-(730 ILCS 5/5-5-3)
3226-Sec. 5-5-3. Disposition.
3227-(a) (Blank).
3228-(b) (Blank).
3229-(c) (1) (Blank).
3230-(2) A period of probation, a term of periodic imprisonment
3231-or conditional discharge shall not be imposed for the
3232-following offenses. The court shall sentence the offender to
3233-not less than the minimum term of imprisonment set forth in
3234-this Code for the following offenses, and may order a fine or
3235-restitution or both in conjunction with such term of
3236-imprisonment:
3237-(A) First degree murder where the death penalty is not
3238-imposed.
3239-(B) Attempted first degree murder.
3240-(C) A Class X felony.
3241-(D) A violation of Section 401.1 or 407 of the
3242-Illinois Controlled Substances Act, or a violation of
3243-
3244-
3245-subdivision (c)(1.5) of Section 401 of that Act which
3246-relates to more than 5 grams of a substance containing
3247-fentanyl or an analog thereof.
3248-(D-5) A violation of subdivision (c)(1) of Section 401
3249-of the Illinois Controlled Substances Act which relates to
3250-3 or more grams of a substance containing heroin or an
3251-analog thereof.
3252-(E) (Blank).
3253-(F) A Class 1 or greater felony if the offender had
3254-been convicted of a Class 1 or greater felony, including
3255-any state or federal conviction for an offense that
3256-contained, at the time it was committed, the same elements
3257-as an offense now (the date of the offense committed after
3258-the prior Class 1 or greater felony) classified as a Class
3259-1 or greater felony, within 10 years of the date on which
3260-the offender committed the offense for which he or she is
3261-being sentenced, except as otherwise provided in Section
3262-40-10 of the Substance Use Disorder Act.
3263-(F-3) A Class 2 or greater felony sex offense or
3264-felony firearm offense if the offender had been convicted
3265-of a Class 2 or greater felony, including any state or
3266-federal conviction for an offense that contained, at the
3267-time it was committed, the same elements as an offense now
3268-(the date of the offense committed after the prior Class 2
3269-or greater felony) classified as a Class 2 or greater
3270-felony, within 10 years of the date on which the offender
3271-
3272-
3273-committed the offense for which he or she is being
3274-sentenced, except as otherwise provided in Section 40-10
3275-of the Substance Use Disorder Act.
3276-(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
3277-of the Criminal Code of 1961 or the Criminal Code of 2012
3278-for which imprisonment is prescribed in those Sections.
3279-(G) Residential burglary, except as otherwise provided
3280-in Section 40-10 of the Substance Use Disorder Act.
3281-(H) Criminal sexual assault.
3282-(I) Aggravated battery of a senior citizen as
3283-described in Section 12-4.6 or subdivision (a)(4) of
3284-Section 12-3.05 of the Criminal Code of 1961 or the
3285-Criminal Code of 2012.
3286-(J) A forcible felony if the offense was related to
3287-the activities of an organized gang.
3288-Before July 1, 1994, for the purposes of this
3289-paragraph, "organized gang" means an association of 5 or
3290-more persons, with an established hierarchy, that
3291-encourages members of the association to perpetrate crimes
3292-or provides support to the members of the association who
3293-do commit crimes.
3294-Beginning July 1, 1994, for the purposes of this
3295-paragraph, "organized gang" has the meaning ascribed to it
3296-in Section 10 of the Illinois Streetgang Terrorism Omnibus
3297-Prevention Act.
3298-(K) Vehicular hijacking.
3299-
3300-
3301-(L) A second or subsequent conviction for the offense
3302-of hate crime when the underlying offense upon which the
3303-hate crime is based is felony aggravated assault or felony
3304-mob action.
3305-(M) A second or subsequent conviction for the offense
3306-of institutional vandalism if the damage to the property
3307-exceeds $300.
3308-(N) A Class 3 felony violation of paragraph (1) of
3309-subsection (a) of Section 2 of the Firearm Owners
3310-Identification Card Act.
3311-(O) A violation of Section 12-6.1 or 12-6.5 of the
3312-Criminal Code of 1961 or the Criminal Code of 2012.
3313-(P) A violation of paragraph (1), (2), (3), (4), (5),
3314-or (7) of subsection (a) of Section 11-20.1 of the
3315-Criminal Code of 1961 or the Criminal Code of 2012.
3316-(P-5) A violation of paragraph (6) of subsection (a)
3317-of Section 11-20.1 of the Criminal Code of 1961 or the
3318-Criminal Code of 2012 if the victim is a household or
3319-family member of the defendant.
3320-(Q) A violation of subsection (b) or (b-5) of Section
3321-20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
3322-Code of 1961 or the Criminal Code of 2012.
3323-(R) A violation of Section 24-3A of the Criminal Code
3324-of 1961 or the Criminal Code of 2012.
3325-(S) (Blank).
3326-(T) (Blank).
3327-
3328-
3329-(U) A second or subsequent violation of Section 6-303
3330-of the Illinois Vehicle Code committed while his or her
3331-driver's license, permit, or privilege was revoked because
3332-of a violation of Section 9-3 of the Criminal Code of 1961
3333-or the Criminal Code of 2012, relating to the offense of
3334-reckless homicide, or a similar provision of a law of
3335-another state.
3336-(V) A violation of paragraph (4) of subsection (c) of
3337-Section 11-20.1B or paragraph (4) of subsection (c) of
3338-Section 11-20.3 of the Criminal Code of 1961, or paragraph
3339-(6) of subsection (a) of Section 11-20.1 of the Criminal
3340-Code of 2012 when the victim is under 13 years of age and
3341-the defendant has previously been convicted under the laws
3342-of this State or any other state of the offense of child
3343-pornography, aggravated child pornography, aggravated
3344-criminal sexual abuse, aggravated criminal sexual assault,
3345-predatory criminal sexual assault of a child, or any of
3346-the offenses formerly known as rape, deviate sexual
3347-assault, indecent liberties with a child, or aggravated
3348-indecent liberties with a child where the victim was under
3349-the age of 18 years or an offense that is substantially
3350-equivalent to those offenses.
3351-(W) A violation of Section 24-3.5 of the Criminal Code
3352-of 1961 or the Criminal Code of 2012.
3353-(X) A violation of subsection (a) of Section 31-1a of
3354-the Criminal Code of 1961 or the Criminal Code of 2012.
3355-
3356-
3357-(Y) A conviction for unlawful possession of a firearm
3358-by a street gang member when the firearm was loaded or
3359-contained firearm ammunition.
3360-(Z) A Class 1 felony committed while he or she was
3361-serving a term of probation or conditional discharge for a
3362-felony.
3363-(AA) Theft of property exceeding $500,000 and not
3364-exceeding $1,000,000 in value.
3365-(BB) Laundering of criminally derived property of a
3366-value exceeding $500,000.
3367-(CC) Knowingly selling, offering for sale, holding for
3368-sale, or using 2,000 or more counterfeit items or
3369-counterfeit items having a retail value in the aggregate
3370-of $500,000 or more.
3371-(DD) A conviction for aggravated assault under
3372-paragraph (6) of subsection (c) of Section 12-2 of the
3373-Criminal Code of 1961 or the Criminal Code of 2012 if the
3374-firearm is aimed toward the person against whom the
3375-firearm is being used.
3376-(EE) A conviction for a violation of paragraph (2) of
3377-subsection (a) of Section 24-3B of the Criminal Code of
3378-2012.
3379-(3) (Blank).
3380-(4) A minimum term of imprisonment of not less than 10
3381-consecutive days or 30 days of community service shall be
3382-imposed for a violation of paragraph (c) of Section 6-303 of
3383-
3384-
3385-the Illinois Vehicle Code.
3386-(4.1) (Blank).
3387-(4.2) Except as provided in paragraphs (4.3) and (4.8) of
3388-this subsection (c), a minimum of 100 hours of community
3389-service shall be imposed for a second violation of Section
3390-6-303 of the Illinois Vehicle Code.
3391-(4.3) A minimum term of imprisonment of 30 days or 300
3392-hours of community service, as determined by the court, shall
3393-be imposed for a second violation of subsection (c) of Section
3394-6-303 of the Illinois Vehicle Code.
3395-(4.4) Except as provided in paragraphs (4.5), (4.6), and
3396-(4.9) of this subsection (c), a minimum term of imprisonment
3397-of 30 days or 300 hours of community service, as determined by
3398-the court, shall be imposed for a third or subsequent
3399-violation of Section 6-303 of the Illinois Vehicle Code. The
3400-court may give credit toward the fulfillment of community
3401-service hours for participation in activities and treatment as
3402-determined by court services.
3403-(4.5) A minimum term of imprisonment of 30 days shall be
3404-imposed for a third violation of subsection (c) of Section
3405-6-303 of the Illinois Vehicle Code.
3406-(4.6) Except as provided in paragraph (4.10) of this
3407-subsection (c), a minimum term of imprisonment of 180 days
3408-shall be imposed for a fourth or subsequent violation of
3409-subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3410-(4.7) A minimum term of imprisonment of not less than 30
3411-
3412-
3413-consecutive days, or 300 hours of community service, shall be
3414-imposed for a violation of subsection (a-5) of Section 6-303
3415-of the Illinois Vehicle Code, as provided in subsection (b-5)
3416-of that Section.
3417-(4.8) A mandatory prison sentence shall be imposed for a
3418-second violation of subsection (a-5) of Section 6-303 of the
3419-Illinois Vehicle Code, as provided in subsection (c-5) of that
3420-Section. The person's driving privileges shall be revoked for
3421-a period of not less than 5 years from the date of his or her
3422-release from prison.
3423-(4.9) A mandatory prison sentence of not less than 4 and
3424-not more than 15 years shall be imposed for a third violation
3425-of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3426-Code, as provided in subsection (d-2.5) of that Section. The
3427-person's driving privileges shall be revoked for the remainder
3428-of his or her life.
3429-(4.10) A mandatory prison sentence for a Class 1 felony
3430-shall be imposed, and the person shall be eligible for an
3431-extended term sentence, for a fourth or subsequent violation
3432-of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3433-Code, as provided in subsection (d-3.5) of that Section. The
3434-person's driving privileges shall be revoked for the remainder
3435-of his or her life.
3436-(5) The court may sentence a corporation or unincorporated
3437-association convicted of any offense to:
3438-(A) a period of conditional discharge;
3439-
3440-
3441-(B) a fine;
3442-(C) make restitution to the victim under Section 5-5-6
3443-of this Code.
3444-(5.1) In addition to any other penalties imposed, and
3445-except as provided in paragraph (5.2) or (5.3), a person
3446-convicted of violating subsection (c) of Section 11-907 of the
3447-Illinois Vehicle Code shall have his or her driver's license,
3448-permit, or privileges suspended for at least 90 days but not
3449-more than one year, if the violation resulted in damage to the
3450-property of another person.
3451-(5.2) In addition to any other penalties imposed, and
3452-except as provided in paragraph (5.3), a person convicted of
3453-violating subsection (c) of Section 11-907 of the Illinois
3454-Vehicle Code shall have his or her driver's license, permit,
3455-or privileges suspended for at least 180 days but not more than
3456-2 years, if the violation resulted in injury to another
3457-person.
3458-(5.3) In addition to any other penalties imposed, a person
3459-convicted of violating subsection (c) of Section 11-907 of the
3460-Illinois Vehicle Code shall have his or her driver's license,
3461-permit, or privileges suspended for 2 years, if the violation
3462-resulted in the death of another person.
3463-(5.4) In addition to any other penalties imposed, a person
3464-convicted of violating Section 3-707 of the Illinois Vehicle
3465-Code shall have his or her driver's license, permit, or
3466-privileges suspended for 3 months and until he or she has paid
3467-
3468-
3469-a reinstatement fee of $100.
3470-(5.5) In addition to any other penalties imposed, a person
3471-convicted of violating Section 3-707 of the Illinois Vehicle
3472-Code during a period in which his or her driver's license,
3473-permit, or privileges were suspended for a previous violation
3474-of that Section shall have his or her driver's license,
3475-permit, or privileges suspended for an additional 6 months
3476-after the expiration of the original 3-month suspension and
3477-until he or she has paid a reinstatement fee of $100.
3478-(6) (Blank).
3479-(7) (Blank).
3480-(8) (Blank).
3481-(9) A defendant convicted of a second or subsequent
3482-offense of ritualized abuse of a child may be sentenced to a
3483-term of natural life imprisonment.
3484-(10) (Blank).
3485-(11) The court shall impose a minimum fine of $1,000 for a
3486-first offense and $2,000 for a second or subsequent offense
3487-upon a person convicted of or placed on supervision for
3488-battery when the individual harmed was a sports official or
3489-coach at any level of competition and the act causing harm to
3490-the sports official or coach occurred within an athletic
3491-facility or within the immediate vicinity of the athletic
3492-facility at which the sports official or coach was an active
3493-participant of the athletic contest held at the athletic
3494-facility. For the purposes of this paragraph (11), "sports
3495-
3496-
3497-official" means a person at an athletic contest who enforces
3498-the rules of the contest, such as an umpire or referee;
3499-"athletic facility" means an indoor or outdoor playing field
3500-or recreational area where sports activities are conducted;
3501-and "coach" means a person recognized as a coach by the
3502-sanctioning authority that conducted the sporting event.
3503-(12) A person may not receive a disposition of court
3504-supervision for a violation of Section 5-16 of the Boat
3505-Registration and Safety Act if that person has previously
3506-received a disposition of court supervision for a violation of
3507-that Section.
3508-(13) A person convicted of or placed on court supervision
3509-for an assault or aggravated assault when the victim and the
3510-offender are family or household members as defined in Section
3511-103 of the Illinois Domestic Violence Act of 1986 or convicted
3512-of domestic battery or aggravated domestic battery may be
3513-required to attend a Partner Abuse Intervention Program under
3514-protocols set forth by the Illinois Department of Human
3515-Services under such terms and conditions imposed by the court.
3516-The costs of such classes shall be paid by the offender.
3517-(d) In any case in which a sentence originally imposed is
3518-vacated, the case shall be remanded to the trial court. The
3519-trial court shall hold a hearing under Section 5-4-1 of this
3520-Code which may include evidence of the defendant's life, moral
3521-character and occupation during the time since the original
3522-sentence was passed. The trial court shall then impose
3523-
3524-
3525-sentence upon the defendant. The trial court may impose any
3526-sentence which could have been imposed at the original trial
3527-subject to Section 5-5-4 of this Code. If a sentence is vacated
3528-on appeal or on collateral attack due to the failure of the
3529-trier of fact at trial to determine beyond a reasonable doubt
3530-the existence of a fact (other than a prior conviction)
3531-necessary to increase the punishment for the offense beyond
3532-the statutory maximum otherwise applicable, either the
3533-defendant may be re-sentenced to a term within the range
3534-otherwise provided or, if the State files notice of its
3535-intention to again seek the extended sentence, the defendant
3536-shall be afforded a new trial.
3537-(e) In cases where prosecution for aggravated criminal
3538-sexual abuse under Section 11-1.60 or 12-16 of the Criminal
3539-Code of 1961 or the Criminal Code of 2012 results in conviction
3540-of a defendant who was a family member of the victim at the
3541-time of the commission of the offense, the court shall
3542-consider the safety and welfare of the victim and may impose a
3543-sentence of probation only where:
3544-(1) the court finds (A) or (B) or both are
3545-appropriate:
3546-(A) the defendant is willing to undergo a court
3547-approved counseling program for a minimum duration of
3548-2 years; or
3549-(B) the defendant is willing to participate in a
3550-court approved plan, including, but not limited to,
3551-
3552-
3553-the defendant's:
3554-(i) removal from the household;
3555-(ii) restricted contact with the victim;
3556-(iii) continued financial support of the
3557-family;
3558-(iv) restitution for harm done to the victim;
3559-and
3560-(v) compliance with any other measures that
3561-the court may deem appropriate; and
3562-(2) the court orders the defendant to pay for the
3563-victim's counseling services, to the extent that the court
3564-finds, after considering the defendant's income and
3565-assets, that the defendant is financially capable of
3566-paying for such services, if the victim was under 18 years
3567-of age at the time the offense was committed and requires
3568-counseling as a result of the offense.
3569-Probation may be revoked or modified pursuant to Section
3570-5-6-4; except where the court determines at the hearing that
3571-the defendant violated a condition of his or her probation
3572-restricting contact with the victim or other family members or
3573-commits another offense with the victim or other family
3574-members, the court shall revoke the defendant's probation and
3575-impose a term of imprisonment.
3576-For the purposes of this Section, "family member" and
3577-"victim" shall have the meanings ascribed to them in Section
3578-11-0.1 of the Criminal Code of 2012.
3579-
3580-
3581-(f) (Blank).
3582-(g) Whenever a defendant is convicted of an offense under
3583-Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
3584-11-14.3, 11-14.4 except for an offense that involves keeping a
3585-place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
3586-11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
3587-12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
3588-Criminal Code of 2012, the defendant shall undergo medical
3589-testing to determine whether the defendant has any sexually
3590-transmissible disease, including a test for infection with
3591-human immunodeficiency virus (HIV) or any other identified
3592-causative agent of acquired immunodeficiency syndrome (AIDS).
3593-Any such medical test shall be performed only by appropriately
3594-licensed medical practitioners and may include an analysis of
3595-any bodily fluids as well as an examination of the defendant's
3596-person. Except as otherwise provided by law, the results of
3597-such test shall be kept strictly confidential by all medical
3598-personnel involved in the testing and must be personally
3599-delivered in a sealed envelope to the judge of the court in
3600-which the conviction was entered for the judge's inspection in
3601-camera. Acting in accordance with the best interests of the
3602-victim and the public, the judge shall have the discretion to
3603-determine to whom, if anyone, the results of the testing may be
3604-revealed. The court shall notify the defendant of the test
3605-results. The court shall also notify the victim if requested
3606-by the victim, and if the victim is under the age of 15 and if
3607-
3608-
3609-requested by the victim's parents or legal guardian, the court
3610-shall notify the victim's parents or legal guardian of the
3611-test results. The court shall provide information on the
3612-availability of HIV testing and counseling at Department of
3613-Public Health facilities to all parties to whom the results of
3614-the testing are revealed and shall direct the State's Attorney
3615-to provide the information to the victim when possible. The
3616-court shall order that the cost of any such test shall be paid
3617-by the county and may be taxed as costs against the convicted
3618-defendant.
3619-(g-5) When an inmate is tested for an airborne
3620-communicable disease, as determined by the Illinois Department
3621-of Public Health, including, but not limited to, tuberculosis,
3622-the results of the test shall be personally delivered by the
3623-warden or his or her designee in a sealed envelope to the judge
3624-of the court in which the inmate must appear for the judge's
3625-inspection in camera if requested by the judge. Acting in
3626-accordance with the best interests of those in the courtroom,
3627-the judge shall have the discretion to determine what if any
3628-precautions need to be taken to prevent transmission of the
3629-disease in the courtroom.
3630-(h) Whenever a defendant is convicted of an offense under
3631-Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
3632-defendant shall undergo medical testing to determine whether
3633-the defendant has been exposed to human immunodeficiency virus
3634-(HIV) or any other identified causative agent of acquired
3635-
3636-
3637-immunodeficiency syndrome (AIDS). Except as otherwise provided
3638-by law, the results of such test shall be kept strictly
3639-confidential by all medical personnel involved in the testing
3640-and must be personally delivered in a sealed envelope to the
3641-judge of the court in which the conviction was entered for the
3642-judge's inspection in camera. Acting in accordance with the
3643-best interests of the public, the judge shall have the
3644-discretion to determine to whom, if anyone, the results of the
3645-testing may be revealed. The court shall notify the defendant
3646-of a positive test showing an infection with the human
3647-immunodeficiency virus (HIV). The court shall provide
3648-information on the availability of HIV testing and counseling
3649-at Department of Public Health facilities to all parties to
3650-whom the results of the testing are revealed and shall direct
3651-the State's Attorney to provide the information to the victim
3652-when possible. The court shall order that the cost of any such
3653-test shall be paid by the county and may be taxed as costs
3654-against the convicted defendant.
3655-(i) All fines and penalties imposed under this Section for
3656-any violation of Chapters 3, 4, 6, and 11 of the Illinois
3657-Vehicle Code, or a similar provision of a local ordinance, and
3658-any violation of the Child Passenger Protection Act, or a
3659-similar provision of a local ordinance, shall be collected and
3660-disbursed by the circuit clerk as provided under the Criminal
3661-and Traffic Assessment Act.
3662-(j) In cases when prosecution for any violation of Section
3663-
3664-
3665-11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
3666-11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
3667-11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
3668-11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
3669-12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
3670-Code of 2012, any violation of the Illinois Controlled
3671-Substances Act, any violation of the Cannabis Control Act, or
3672-any violation of the Methamphetamine Control and Community
3673-Protection Act results in conviction, a disposition of court
3674-supervision, or an order of probation granted under Section 10
3675-of the Cannabis Control Act, Section 410 of the Illinois
3676-Controlled Substances Act, or Section 70 of the
3677-Methamphetamine Control and Community Protection Act of a
3678-defendant, the court shall determine whether the defendant is
3679-employed by a facility or center as defined under the Child
3680-Care Act of 1969, a public or private elementary or secondary
3681-school, or otherwise works with children under 18 years of age
3682-on a daily basis. When a defendant is so employed, the court
3683-shall order the Clerk of the Court to send a copy of the
3684-judgment of conviction or order of supervision or probation to
3685-the defendant's employer by certified mail. If the employer of
3686-the defendant is a school, the Clerk of the Court shall direct
3687-the mailing of a copy of the judgment of conviction or order of
3688-supervision or probation to the appropriate regional
3689-superintendent of schools. The regional superintendent of
3690-schools shall notify the State Board of Education of any
3691-
3692-
3693-notification under this subsection.
3694-(j-5) A defendant at least 17 years of age who is convicted
3695-of a felony and who has not been previously convicted of a
3696-misdemeanor or felony and who is sentenced to a term of
3697-imprisonment in the Illinois Department of Corrections shall
3698-as a condition of his or her sentence be required by the court
3699-to attend educational courses designed to prepare the
3700-defendant for a high school diploma and to work toward a high
3701-school diploma or to work toward passing high school
3702-equivalency testing or to work toward completing a vocational
3703-training program offered by the Department of Corrections. If
3704-a defendant fails to complete the educational training
3705-required by his or her sentence during the term of
3706-incarceration, the Prisoner Review Board shall, as a condition
3707-of mandatory supervised release, require the defendant, at his
3708-or her own expense, to pursue a course of study toward a high
3709-school diploma or passage of high school equivalency testing.
3710-The Prisoner Review Board shall revoke the mandatory
3711-supervised release of a defendant who wilfully fails to comply
3712-with this subsection (j-5) upon his or her release from
3713-confinement in a penal institution while serving a mandatory
3714-supervised release term; however, the inability of the
3715-defendant after making a good faith effort to obtain financial
3716-aid or pay for the educational training shall not be deemed a
3717-wilful failure to comply. The Prisoner Review Board shall
3718-recommit the defendant whose mandatory supervised release term
3719-
3720-
3721-has been revoked under this subsection (j-5) as provided in
3722-Section 3-3-9. This subsection (j-5) does not apply to a
3723-defendant who has a high school diploma or has successfully
3724-passed high school equivalency testing. This subsection (j-5)
3725-does not apply to a defendant who is determined by the court to
3726-be a person with a developmental disability or otherwise
3727-mentally incapable of completing the educational or vocational
3728-program.
3729-(k) (Blank).
3730-(l) (A) Except as provided in paragraph (C) of subsection
3731-(l), whenever a defendant, who is not a citizen or national of
3732-the United States, is convicted of any felony or misdemeanor
3733-offense, the court after sentencing the defendant may, upon
3734-motion of the State's Attorney, hold sentence in abeyance and
3735-remand the defendant to the custody of the Attorney General of
3736-the United States or his or her designated agent to be deported
3737-when:
3738-(1) a final order of deportation has been issued
3739-against the defendant pursuant to proceedings under the
3740-Immigration and Nationality Act, and
3741-(2) the deportation of the defendant would not
3742-deprecate the seriousness of the defendant's conduct and
3743-would not be inconsistent with the ends of justice.
3744-Otherwise, the defendant shall be sentenced as provided in
3745-this Chapter V.
3746-(B) If the defendant has already been sentenced for a
3747-
3748-
3749-felony or misdemeanor offense, or has been placed on probation
3750-under Section 10 of the Cannabis Control Act, Section 410 of
3751-the Illinois Controlled Substances Act, or Section 70 of the
3752-Methamphetamine Control and Community Protection Act, the
3753-court may, upon motion of the State's Attorney to suspend the
3754-sentence imposed, commit the defendant to the custody of the
3755-Attorney General of the United States or his or her designated
3756-agent when:
3757-(1) a final order of deportation has been issued
3758-against the defendant pursuant to proceedings under the
3759-Immigration and Nationality Act, and
3760-(2) the deportation of the defendant would not
3761-deprecate the seriousness of the defendant's conduct and
3762-would not be inconsistent with the ends of justice.
3763-(C) This subsection (l) does not apply to offenders who
3764-are subject to the provisions of paragraph (2) of subsection
3765-(a) of Section 3-6-3.
3766-(D) Upon motion of the State's Attorney, if a defendant
3767-sentenced under this Section returns to the jurisdiction of
3768-the United States, the defendant shall be recommitted to the
3769-custody of the county from which he or she was sentenced.
3770-Thereafter, the defendant shall be brought before the
3771-sentencing court, which may impose any sentence that was
3772-available under Section 5-5-3 at the time of initial
3773-sentencing. In addition, the defendant shall not be eligible
3774-for additional earned sentence credit as provided under
3775-
3776-
3777-Section 3-6-3.
3778-(m) A person convicted of criminal defacement of property
3779-under Section 21-1.3 of the Criminal Code of 1961 or the
3780-Criminal Code of 2012, in which the property damage exceeds
3781-$300 and the property damaged is a school building, shall be
3782-ordered to perform community service that may include cleanup,
3783-removal, or painting over the defacement.
3784-(n) The court may sentence a person convicted of a
3785-violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
3786-subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
3787-of 1961 or the Criminal Code of 2012 (i) to an impact
3788-incarceration program if the person is otherwise eligible for
3789-that program under Section 5-8-1.1, (ii) to community service,
3790-or (iii) if the person has a substance use disorder, as defined
3791-in the Substance Use Disorder Act, to a treatment program
3792-licensed under that Act.
3793-(o) Whenever a person is convicted of a sex offense as
3794-defined in Section 2 of the Sex Offender Registration Act, the
3795-defendant's driver's license or permit shall be subject to
3796-renewal on an annual basis in accordance with the provisions
3797-of license renewal established by the Secretary of State.
3798-(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
3799-102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
3800-5-27-22.)
3801-(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
3802-
3803-
3804-Sec. 5-8-1. Natural life imprisonment; enhancements for
3805-use of a firearm; mandatory supervised release terms.
3806-(a) Except as otherwise provided in the statute defining
3807-the offense or in Article 4.5 of Chapter V, a sentence of
3808-imprisonment for a felony shall be a determinate sentence set
3809-by the court under this Section, subject to Section 5-4.5-115
3810-of this Code, according to the following limitations:
3811-(1) for first degree murder,
3812-(a) (blank),
3813-(b) if a trier of fact finds beyond a reasonable
3814-doubt that the murder was accompanied by exceptionally
3815-brutal or heinous behavior indicative of wanton
3816-cruelty or, except as set forth in subsection
3817-(a)(1)(c) of this Section, that any of the aggravating
3818-factors listed in subparagraph (b-5) subsection (b) or
3819-(b-5) of Section 9-1 of the Criminal Code of 1961 or
3820-the Criminal Code of 2012 are present, the court may
3821-sentence the defendant, subject to Section 5-4.5-105,
3822-to a term of natural life imprisonment, or
3823-(b-5) A defendant who at the time of the
3824-commission of the offense has attained the age of 18 or
3825-more and who has been found guilty of first degree
3826-murder may be sentenced to a term of natural life
3827-imprisonment if:
3828-(1) the murdered individual was an inmate at
3829-an institution or facility of the Department of
3830-
3831-
3832-Corrections, or any similar local correctional
3833-agency and was killed on the grounds thereof, or
3834-the murdered individual was otherwise present in
3835-such institution or facility with the knowledge
3836-and approval of the chief administrative officer
3837-thereof;
3838-(2) the murdered individual was killed as a
3839-result of the hijacking of an airplane, train,
3840-ship, bus, or other public conveyance;
3841-(3) the defendant committed the murder
3842-pursuant to a contract, agreement, or
3843-understanding by which he or she was to receive
3844-money or anything of value in return for
3845-committing the murder or procured another to
3846-commit the murder for money or anything of value;
3847-(4) the murdered individual was killed in the
3848-course of another felony if:
3849-(A) the murdered individual:
3850-(i) was actually killed by the
3851-defendant, or
3852-(ii) received physical injuries
3853-personally inflicted by the defendant
3854-substantially contemporaneously with
3855-physical injuries caused by one or more
3856-persons for whose conduct the defendant is
3857-legally accountable under Section 5-2 of
3858-
3859-
3860-this Code, and the physical injuries
3861-inflicted by either the defendant or the
3862-other person or persons for whose conduct
3863-he is legally accountable caused the death
3864-of the murdered individual; and (B) in
3865-performing the acts which caused the death
3866-of the murdered individual or which
3867-resulted in physical injuries personally
3868-inflicted by the defendant on the murdered
3869-individual under the circumstances of
3870-subdivision (ii) of clause (A) of this
3871-clause (4), the defendant acted with the
3872-intent to kill the murdered individual or
3873-with the knowledge that his or her acts
3874-created a strong probability of death or
3875-great bodily harm to the murdered
3876-individual or another; and
3877-(B) in performing the acts which caused
3878-the death of the murdered individual or which
3879-resulted in physical injuries personally
3880-inflicted by the defendant on the murdered
3881-individual under the circumstances of
3882-subdivision (ii) of clause (A) of this clause
3883-(4), the defendant acted with the intent to
3884-kill the murdered individual or with the
3885-knowledge that his or her acts created a
3886-
3887-
3888-strong probability of death or great bodily
3889-harm to the murdered individual or another;
3890-and
3891-(C) the other felony was an inherently
3892-violent crime or the attempt to commit an
3893-inherently violent crime. In this clause (C),
3894-"inherently violent crime" includes, but is
3895-not limited to, armed robbery, robbery,
3896-predatory criminal sexual assault of a child,
3897-aggravated criminal sexual assault, aggravated
3898-kidnapping, aggravated vehicular hijacking,
3899-aggravated arson, aggravated stalking,
3900-residential burglary, and home invasion;
3901-(5) the defendant committed the murder with
3902-intent to prevent the murdered individual from
3903-testifying or participating in any criminal
3904-investigation or prosecution or giving material
3905-assistance to the State in any investigation or
3906-prosecution, either against the defendant or
3907-another; or the defendant committed the murder
3908-because the murdered individual was a witness in
3909-any prosecution or gave material assistance to the
3910-State in any investigation or prosecution, either
3911-against the defendant or another; for purposes of
3912-this clause (5), "participating in any criminal
3913-investigation or prosecution" is intended to
3914-
3915-
3916-include those appearing in the proceedings in any
3917-capacity such as trial judges, prosecutors,
3918-defense attorneys, investigators, witnesses, or
3919-jurors;
3920-(6) the defendant, while committing an offense
3921-punishable under Section 401, 401.1, 401.2, 405,
3922-405.2, 407 or 407.1 or subsection (b) of Section
3923-404 of the Illinois Controlled Substances Act, or
3924-while engaged in a conspiracy or solicitation to
3925-commit such offense, intentionally killed an
3926-individual or counseled, commanded, induced,
3927-procured or caused the intentional killing of the
3928-murdered individual;
3929-(7) the defendant was incarcerated in an
3930-institution or facility of the Department of
3931-Corrections at the time of the murder, and while
3932-committing an offense punishable as a felony under
3933-Illinois law, or while engaged in a conspiracy or
3934-solicitation to commit such offense, intentionally
3935-killed an individual or counseled, commanded,
3936-induced, procured or caused the intentional
3937-killing of the murdered individual;
3938-(8) the murder was committed in a cold,
3939-calculated and premeditated manner pursuant to a
3940-preconceived plan, scheme or design to take a
3941-human life by unlawful means, and the conduct of
3942-
3943-
3944-the defendant created a reasonable expectation
3945-that the death of a human being would result
3946-therefrom;
3947-(9) the defendant was a principal
3948-administrator, organizer, or leader of a
3949-calculated criminal drug conspiracy consisting of
3950-a hierarchical position of authority superior to
3951-that of all other members of the conspiracy, and
3952-the defendant counseled, commanded, induced,
3953-procured, or caused the intentional killing of the
3954-murdered person;
3955-(10) the murder was intentional and involved
3956-the infliction of torture. For the purpose of this
3957-clause (10), torture means the infliction of or
3958-subjection to extreme physical pain, motivated by
3959-an intent to increase or prolong the pain,
3960-suffering or agony of the victim;
3961-(11) the murder was committed as a result of
3962-the intentional discharge of a firearm by the
3963-defendant from a motor vehicle and the victim was
3964-not present within the motor vehicle;
3965-(12) the murdered individual was a person with
3966-a disability and the defendant knew or should have
3967-known that the murdered individual was a person
3968-with a disability. For purposes of this clause
3969-(12), "person with a disability" means a person
3970-
3971-
3972-who suffers from a permanent physical or mental
3973-impairment resulting from disease, an injury, a
3974-functional disorder, or a congenital condition
3975-that renders the person incapable of adequately
3976-providing for his or her own health or personal
3977-care;
3978-(13) the murdered individual was subject to an
3979-order of protection and the murder was committed
3980-by a person against whom the same order of
3981-protection was issued under the Illinois Domestic
3982-Violence Act of 1986;
3983-(14) the murdered individual was known by the
3984-defendant to be a teacher or other person employed
3985-in any school and the teacher or other employee is
3986-upon the grounds of a school or grounds adjacent
3987-to a school, or is in any part of a building used
3988-for school purposes;
3989-(15) the murder was committed by the defendant
3990-in connection with or as a result of the offense of
3991-terrorism as defined in Section 29D-14.9 of this
3992-Code;
3993-(16) the murdered individual was a member of a
3994-congregation engaged in prayer or other religious
3995-activities at a church, synagogue, mosque, or
3996-other building, structure, or place used for
3997-religious worship; or
3998-
3999-
4000-(17)(i) the murdered individual was a
4001-physician, physician assistant, psychologist,
4002-nurse, or advanced practice registered nurse;
4003-(ii) the defendant knew or should have known
4004-that the murdered individual was a physician,
4005-physician assistant, psychologist, nurse, or
4006-advanced practice registered nurse; and
4007-(iii) the murdered individual was killed in
4008-the course of acting in his or her capacity as a
4009-physician, physician assistant, psychologist,
4010-nurse, or advanced practice registered nurse, or
4011-to prevent him or her from acting in that
4012-capacity, or in retaliation for his or her acting
4013-in that capacity.
4014-(c) the court shall sentence the defendant to a
4015-term of natural life imprisonment if the defendant, at
4016-the time of the commission of the murder, had attained
4017-the age of 18, and:
4018-(i) has previously been convicted of first
4019-degree murder under any state or federal law, or
4020-(ii) is found guilty of murdering more than
4021-one victim, or
4022-(iii) is found guilty of murdering a peace
4023-officer, fireman, or emergency management worker
4024-when the peace officer, fireman, or emergency
4025-management worker was killed in the course of
4026-
4027-
4028-performing his official duties, or to prevent the
4029-peace officer or fireman from performing his
4030-official duties, or in retaliation for the peace
4031-officer, fireman, or emergency management worker
4032-from performing his official duties, and the
4033-defendant knew or should have known that the
4034-murdered individual was a peace officer, fireman,
4035-or emergency management worker, or
4036-(iv) is found guilty of murdering an employee
4037-of an institution or facility of the Department of
4038-Corrections, or any similar local correctional
4039-agency, when the employee was killed in the course
4040-of performing his official duties, or to prevent
4041-the employee from performing his official duties,
4042-or in retaliation for the employee performing his
4043-official duties, or
4044-(v) is found guilty of murdering an emergency
4045-medical technician - ambulance, emergency medical
4046-technician - intermediate, emergency medical
4047-technician - paramedic, ambulance driver or other
4048-medical assistance or first aid person while
4049-employed by a municipality or other governmental
4050-unit when the person was killed in the course of
4051-performing official duties or to prevent the
4052-person from performing official duties or in
4053-retaliation for performing official duties and the
4054-
4055-
4056-defendant knew or should have known that the
4057-murdered individual was an emergency medical
4058-technician - ambulance, emergency medical
4059-technician - intermediate, emergency medical
4060-technician - paramedic, ambulance driver, or other
4061-medical assistant or first aid personnel, or
4062-(vi) (blank), or
4063-(vii) is found guilty of first degree murder
4064-and the murder was committed by reason of any
4065-person's activity as a community policing
4066-volunteer or to prevent any person from engaging
4067-in activity as a community policing volunteer. For
4068-the purpose of this Section, "community policing
4069-volunteer" has the meaning ascribed to it in
4070-Section 2-3.5 of the Criminal Code of 2012.
4071-For purposes of clause (v), "emergency medical
4072-technician - ambulance", "emergency medical technician -
4073-intermediate", "emergency medical technician -
4074-paramedic", have the meanings ascribed to them in the
4075-Emergency Medical Services (EMS) Systems Act.
4076-(d)(i) if the person committed the offense while
4077-armed with a firearm, 15 years shall be added to
4078-the term of imprisonment imposed by the court;
4079-(ii) if, during the commission of the offense, the
4080-person personally discharged a firearm, 20 years shall
4081-be added to the term of imprisonment imposed by the
4082-
4083-
4084-court;
4085-(iii) if, during the commission of the offense,
4086-the person personally discharged a firearm that
4087-proximately caused great bodily harm, permanent
4088-disability, permanent disfigurement, or death to
4089-another person, 25 years or up to a term of natural
4090-life shall be added to the term of imprisonment
4091-imposed by the court.
4092-(2) (blank);
4093-(2.5) for a person who has attained the age of 18 years
4094-at the time of the commission of the offense and who is
4095-convicted under the circumstances described in subdivision
4096-(b)(1)(B) of Section 11-1.20 or paragraph (3) of
4097-subsection (b) of Section 12-13, subdivision (d)(2) of
4098-Section 11-1.30 or paragraph (2) of subsection (d) of
4099-Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
4100-paragraph (1.2) of subsection (b) of Section 12-14.1,
4101-subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
4102-subsection (b) of Section 12-14.1 of the Criminal Code of
4103-1961 or the Criminal Code of 2012, the sentence shall be a
4104-term of natural life imprisonment.
4105-(b) (Blank).
4106-(c) (Blank).
4107-(d) Subject to earlier termination under Section 3-3-8,
4108-the parole or mandatory supervised release term shall be
4109-written as part of the sentencing order and shall be as
4110-
4111-
4112-follows:
4113-(1) for first degree murder or for the offenses of
4114-predatory criminal sexual assault of a child, aggravated
4115-criminal sexual assault, and criminal sexual assault if
4116-committed on or before December 12, 2005, 3 years;
4117-(1.5) except as provided in paragraph (7) of this
4118-subsection (d), for a Class X felony except for the
4119-offenses of predatory criminal sexual assault of a child,
4120-aggravated criminal sexual assault, and criminal sexual
4121-assault if committed on or after December 13, 2005 (the
4122-effective date of Public Act 94-715) and except for the
4123-offense of aggravated child pornography under Section
4124-11-20.1B, 11-20.3, or 11-20.1 with sentencing under
4125-subsection (c-5) of Section 11-20.1 of the Criminal Code
4126-of 1961 or the Criminal Code of 2012, if committed on or
4127-after January 1, 2009, 18 months;
4128-(2) except as provided in paragraph (7) of this
4129-subsection (d), for a Class 1 felony or a Class 2 felony
4130-except for the offense of criminal sexual assault if
4131-committed on or after December 13, 2005 (the effective
4132-date of Public Act 94-715) and except for the offenses of
4133-manufacture and dissemination of child pornography under
4134-clauses (a)(1) and (a)(2) of Section 11-20.1 of the
4135-Criminal Code of 1961 or the Criminal Code of 2012, if
4136-committed on or after January 1, 2009, 12 months;
4137-(3) except as provided in paragraph (4), (6), or (7)
4138-
4139-
4140-of this subsection (d), for a Class 3 felony or a Class 4
4141-felony, 6 months; no later than 45 days after the onset of
4142-the term of mandatory supervised release, the Prisoner
4143-Review Board shall conduct a discretionary discharge
4144-review pursuant to the provisions of Section 3-3-8, which
4145-shall include the results of a standardized risk and needs
4146-assessment tool administered by the Department of
4147-Corrections; the changes to this paragraph (3) made by
4148-this amendatory Act of the 102nd General Assembly apply to
4149-all individuals released on mandatory supervised release
4150-on or after the effective date of this amendatory Act of
4151-the 102nd General Assembly, including those individuals
4152-whose sentences were imposed prior to the effective date
4153-of this amendatory Act of the 102nd General Assembly;
4154-(4) for defendants who commit the offense of predatory
4155-criminal sexual assault of a child, aggravated criminal
4156-sexual assault, or criminal sexual assault, on or after
4157-December 13, 2005 (the effective date of Public Act
4158-94-715), or who commit the offense of aggravated child
4159-pornography under Section 11-20.1B, 11-20.3, or 11-20.1
4160-with sentencing under subsection (c-5) of Section 11-20.1
4161-of the Criminal Code of 1961 or the Criminal Code of 2012,
4162-manufacture of child pornography, or dissemination of
4163-child pornography after January 1, 2009, the term of
4164-mandatory supervised release shall range from a minimum of
4165-3 years to a maximum of the natural life of the defendant;
4166-
4167-
4168-(5) if the victim is under 18 years of age, for a
4169-second or subsequent offense of aggravated criminal sexual
4170-abuse or felony criminal sexual abuse, 4 years, at least
4171-the first 2 years of which the defendant shall serve in an
4172-electronic monitoring or home detention program under
4173-Article 8A of Chapter V of this Code;
4174-(6) for a felony domestic battery, aggravated domestic
4175-battery, stalking, aggravated stalking, and a felony
4176-violation of an order of protection, 4 years;
4177-(7) for any felony described in paragraph (a)(2)(ii),
4178-(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
4179-(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
4180-3-6-3 of the Unified Code of Corrections requiring an
4181-inmate to serve a minimum of 85% of their court-imposed
4182-sentence, except for the offenses of predatory criminal
4183-sexual assault of a child, aggravated criminal sexual
4184-assault, and criminal sexual assault if committed on or
4185-after December 13, 2005 (the effective date of Public Act
4186-94-715) and except for the offense of aggravated child
4187-pornography under Section 11-20.1B, 11-20.3, or 11-20.1
4188-with sentencing under subsection (c-5) of Section 11-20.1
4189-of the Criminal Code of 1961 or the Criminal Code of 2012,
4190-if committed on or after January 1, 2009 and except as
4191-provided in paragraph (4) or paragraph (6) of this
4192-subsection (d), the term of mandatory supervised release
4193-shall be as follows:
4194-
4195-
4196-(A) Class X felony, 3 years;
4197-(B) Class 1 or Class 2 felonies, 2 years;
4198-(C) Class 3 or Class 4 felonies, 1 year.
4199-(e) (Blank).
4200-(f) (Blank).
4201-(g) Notwithstanding any other provisions of this Act and
4202-of Public Act 101-652: (i) the provisions of paragraph (3) of
4203-subsection (d) are effective on July 1, 2022 and shall apply to
4204-all individuals convicted on or after the effective date of
4205-paragraph (3) of subsection (d); and (ii) the provisions of
4206-paragraphs (1.5) and (2) of subsection (d) are effective on
4207-July 1, 2021 and shall apply to all individuals convicted on or
4208-after the effective date of paragraphs (1.5) and (2) of
4209-subsection (d).
4210-(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
4211-102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
4212-1-7-22; 102-1104, eff. 12-6-22.)
4213-Section 55. The County Jail Act is amended by changing
4214-Section 13 as follows:
4215-(730 ILCS 125/13) (from Ch. 75, par. 113)
4216-Sec. 13. Whenever the Warden of any jail shall have in his
4217-custody any person charged with a capital offense or other
4218-high crime, and there is no jail in his county, or the jail is
4219-insufficient, he may, with the advice of the judge of the
4220-
4221-
4222-circuit court of such county, employ a sufficient guard, not
4223-exceeding 3 persons, for the guarding and safe keeping of such
4224-prisoner in his own county. The expense of such guard shall be
4225-audited and paid as other county expenses.
4226-(Source: P.A. 83-1073.)
4227-Section 60. The Code of Civil Procedure is amended by
4228-changing Section 10-103 as follows:
4229-(735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
4230-Sec. 10-103. Application. Application for the relief shall
4231-be made to the Supreme Court or to the circuit court of the
4232-county in which the person in whose behalf the application is
4233-made, is imprisoned or restrained, or to the circuit court of
4234-the county from which such person was sentenced or committed.
4235-Application shall be made by complaint signed by the person
4236-for whose relief it is intended, or by some person in his or
4237-her behalf, and verified by affidavit. Application for relief
4238-under this Article may not be commenced on behalf of a person
4239-who has been sentenced to death without the written consent of
4240-that person, unless the person, because of a mental or
4241-physical condition, is incapable of asserting his or her own
4242-claim.
4243-(Source: P.A. 89-684, eff. 6-1-97.)
4244-INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
4245-INDEX
4246-Statutes amended in order of appearance
4247-
4248-
4249-
4250-INDEX
4251-Statutes amended in order of appearance
31+HB3762 Enrolled- 2 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 2 - LRB103 29450 RLC 55842 b
32+ HB3762 Enrolled - 2 - LRB103 29450 RLC 55842 b
33+1 Section 10. The School Code is amended by changing Section
34+2 21B-85 as follows:
35+3 (105 ILCS 5/21B-85)
36+4 Sec. 21B-85. Conviction of felony.
37+5 (a) Whenever the holder of any license issued under this
38+6 Article is employed by the school board of a school district,
39+7 including a special charter district or a school district
40+8 organized under Article 34 of this Code, and is convicted,
41+9 either after a bench trial, trial by jury, or plea of guilty,
42+10 of any offense for which a sentence to death or a term of
43+11 imprisonment in a penitentiary for one year or more is
44+12 provided, the school board shall promptly notify the State
45+13 Superintendent of Education, in writing, of the name of the
46+14 license holder, the fact of the conviction, and the name and
47+15 location of the court in which the conviction occurred.
48+16 (b) Whenever the school board of a school district,
49+17 including a special charter district or a school district
50+18 organized under Article 34 of this Code, learns that any
51+19 person who is a teacher, as that term is defined in Section
52+20 16-106 of the Illinois Pension Code, has been convicted,
53+21 either after a bench trial, trial by jury, or plea of guilty,
54+22 of any offense for which a sentence to death or a term of
55+23 imprisonment in a penitentiary for one year or more is
56+24 provided, the school board shall promptly notify, in writing,
57+25 the board of trustees of the Teachers' Retirement System of
58+
59+
60+
61+
62+
63+ HB3762 Enrolled - 2 - LRB103 29450 RLC 55842 b
64+
65+
66+HB3762 Enrolled- 3 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 3 - LRB103 29450 RLC 55842 b
67+ HB3762 Enrolled - 3 - LRB103 29450 RLC 55842 b
68+1 the State of Illinois and the board of trustees of the Public
69+2 School Teachers' Pension and Retirement Fund of the City of
70+3 Chicago of the name of the license holder, the fact of the
71+4 conviction, the name and location of the court in which the
72+5 conviction occurred, and the number assigned in that court to
73+6 the case in which the conviction occurred.
74+7 (Source: P.A. 102-552, eff. 1-1-22.)
75+8 Section 15. The Illinois Public Aid Code is amended by
76+9 changing Section 1-8 as follows:
77+10 (305 ILCS 5/1-8)
78+11 Sec. 1-8. Fugitives ineligible.
79+12 (a) The following persons are not eligible for aid under
80+13 this Code, or federal food stamps or federal food stamp
81+14 benefits:
82+15 (1) A person who has fled from the jurisdiction of any
83+16 court of record of this or any other state or of the United
84+17 States to avoid prosecution for a felony or to avoid
85+18 giving testimony in any criminal proceeding involving the
86+19 alleged commission of a felony.
87+20 (2) A person who has fled to avoid imprisonment in a
88+21 correctional facility of this or any other state or the
89+22 United States for having committed a felony.
90+23 (3) A person who has escaped from a correctional
91+24 facility of this or any other state or the United States if
92+
93+
94+
95+
96+
97+ HB3762 Enrolled - 3 - LRB103 29450 RLC 55842 b
98+
99+
100+HB3762 Enrolled- 4 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 4 - LRB103 29450 RLC 55842 b
101+ HB3762 Enrolled - 4 - LRB103 29450 RLC 55842 b
102+1 the person was incarcerated for having committed a felony.
103+2 (4) A person who is violating a condition of probation
104+3 or parole imposed under federal or State law.
105+4 In this Section, "felony" means a violation of a penal
106+5 statute of this or any other state or the United States for
107+6 which a sentence to death or to a term of imprisonment in a
108+7 penitentiary for one year or more is provided or in which the
109+8 death penalty may be imposed in another state.
110+9 To implement this Section, the Illinois Department may
111+10 exchange necessary information with an appropriate law
112+11 enforcement agency of this or any other state, a political
113+12 subdivision of this or any other state, or the United States.
114+13 (b) (Blank).
115+14 (Source: P.A. 92-111, eff. 1-1-02.)
116+15 Section 20. The Criminal Code of 2012 is amended by
117+16 changing Sections 2-7, 8-4, 9-1, 9-1.2, 12-3.05, and 30-1 as
118+17 follows:
119+18 (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
120+19 Sec. 2-7. "Felony".
121+20 "Felony" means an offense for which a sentence to death or
122+21 to a term of imprisonment in a penitentiary for one year or
123+22 more is provided.
124+23 (Source: P.A. 77-2638.)
125+
126+
127+
128+
129+
130+ HB3762 Enrolled - 4 - LRB103 29450 RLC 55842 b
131+
132+
133+HB3762 Enrolled- 5 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 5 - LRB103 29450 RLC 55842 b
134+ HB3762 Enrolled - 5 - LRB103 29450 RLC 55842 b
135+1 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
136+2 Sec. 8-4. Attempt.
137+3 (a) Elements of the offense.
138+4 A person commits the offense of attempt when, with intent
139+5 to commit a specific offense, he or she does any act that
140+6 constitutes a substantial step toward the commission of that
141+7 offense.
142+8 (b) Impossibility.
143+9 It is not a defense to a charge of attempt that because of
144+10 a misapprehension of the circumstances it would have been
145+11 impossible for the accused to commit the offense attempted.
146+12 (c) Sentence.
147+13 A person convicted of attempt may be fined or imprisoned
148+14 or both not to exceed the maximum provided for the offense
149+15 attempted but, except for an attempt to commit the offense
150+16 defined in Section 33A-2 of this Code:
151+17 (1) the sentence for attempt to commit first degree
152+18 murder is the sentence for a Class X felony, except that
153+19 (A) an attempt to commit first degree murder when
154+20 at least one of the aggravating factors specified in
155+21 clauses (iii), (iv), and (v) of subsection (a)(1)(c)
156+22 of Section 5-8-1 of the Unified Code of Corrections
157+23 paragraphs (1), (2), and (12) of subsection (b) of
158+24 Section 9-1 is present is a Class X felony for which
159+25 the sentence shall be a term of imprisonment of not
160+26 less than 20 years and not more than 80 years;
161+
162+
163+
164+
165+
166+ HB3762 Enrolled - 5 - LRB103 29450 RLC 55842 b
167+
168+
169+HB3762 Enrolled- 6 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 6 - LRB103 29450 RLC 55842 b
170+ HB3762 Enrolled - 6 - LRB103 29450 RLC 55842 b
171+1 (B) an attempt to commit first degree murder while
172+2 armed with a firearm is a Class X felony for which 15
173+3 years shall be added to the term of imprisonment
174+4 imposed by the court;
175+5 (C) an attempt to commit first degree murder
176+6 during which the person personally discharged a
177+7 firearm is a Class X felony for which 20 years shall be
178+8 added to the term of imprisonment imposed by the
179+9 court;
180+10 (D) an attempt to commit first degree murder
181+11 during which the person personally discharged a
182+12 firearm that proximately caused great bodily harm,
183+13 permanent disability, permanent disfigurement, or
184+14 death to another person is a Class X felony for which
185+15 25 years or up to a term of natural life shall be added
186+16 to the term of imprisonment imposed by the court; and
187+17 (E) if the defendant proves by a preponderance of
188+18 the evidence at sentencing that, at the time of the
189+19 attempted murder, he or she was acting under a sudden
190+20 and intense passion resulting from serious provocation
191+21 by the individual whom the defendant endeavored to
192+22 kill, or another, and, had the individual the
193+23 defendant endeavored to kill died, the defendant would
194+24 have negligently or accidentally caused that death,
195+25 then the sentence for the attempted murder is the
196+26 sentence for a Class 1 felony;
197+
198+
199+
200+
201+
202+ HB3762 Enrolled - 6 - LRB103 29450 RLC 55842 b
203+
204+
205+HB3762 Enrolled- 7 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 7 - LRB103 29450 RLC 55842 b
206+ HB3762 Enrolled - 7 - LRB103 29450 RLC 55842 b
207+1 (2) the sentence for attempt to commit a Class X
208+2 felony is the sentence for a Class 1 felony;
209+3 (3) the sentence for attempt to commit a Class 1
210+4 felony is the sentence for a Class 2 felony;
211+5 (4) the sentence for attempt to commit a Class 2
212+6 felony is the sentence for a Class 3 felony; and
213+7 (5) the sentence for attempt to commit any felony
214+8 other than those specified in items (1), (2), (3), and (4)
215+9 of this subsection (c) is the sentence for a Class A
216+10 misdemeanor.
217+11 (Source: P.A. 96-710, eff. 1-1-10.)
218+12 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
219+13 Sec. 9-1. First degree murder; death penalties;
220+14 exceptions; separate hearings; proof; findings; appellate
221+15 procedures; reversals.
222+16 (a) A person who kills an individual without lawful
223+17 justification commits first degree murder if, in performing
224+18 the acts which cause the death:
225+19 (1) he or she either intends to kill or do great bodily
226+20 harm to that individual or another, or knows that such
227+21 acts will cause death to that individual or another; or
228+22 (2) he or she knows that such acts create a strong
229+23 probability of death or great bodily harm to that
230+24 individual or another; or
231+25 (3) he or she, acting alone or with one or more
232+
233+
234+
235+
236+
237+ HB3762 Enrolled - 7 - LRB103 29450 RLC 55842 b
238+
239+
240+HB3762 Enrolled- 8 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 8 - LRB103 29450 RLC 55842 b
241+ HB3762 Enrolled - 8 - LRB103 29450 RLC 55842 b
242+1 participants, commits or attempts to commit a forcible
243+2 felony other than second degree murder, and in the course
244+3 of or in furtherance of such crime or flight therefrom, he
245+4 or she or another participant causes the death of a
246+5 person.
247+6 (b) (Blank). Aggravating Factors. A defendant who at the
248+7 time of the commission of the offense has attained the age of
249+8 18 or more and who has been found guilty of first degree murder
250+9 may be sentenced to death if:
251+10 (1) the murdered individual was a peace officer or
252+11 fireman killed in the course of performing his official
253+12 duties, to prevent the performance of his or her official
254+13 duties, or in retaliation for performing his or her
255+14 official duties, and the defendant knew or should have
256+15 known that the murdered individual was a peace officer or
257+16 fireman; or
258+17 (2) the murdered individual was an employee of an
259+18 institution or facility of the Department of Corrections,
260+19 or any similar local correctional agency, killed in the
261+20 course of performing his or her official duties, to
262+21 prevent the performance of his or her official duties, or
263+22 in retaliation for performing his or her official duties,
264+23 or the murdered individual was an inmate at such
265+24 institution or facility and was killed on the grounds
266+25 thereof, or the murdered individual was otherwise present
267+26 in such institution or facility with the knowledge and
268+
269+
270+
271+
272+
273+ HB3762 Enrolled - 8 - LRB103 29450 RLC 55842 b
274+
275+
276+HB3762 Enrolled- 9 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 9 - LRB103 29450 RLC 55842 b
277+ HB3762 Enrolled - 9 - LRB103 29450 RLC 55842 b
278+1 approval of the chief administrative officer thereof; or
279+2 (3) the defendant has been convicted of murdering two
280+3 or more individuals under subsection (a) of this Section
281+4 or under any law of the United States or of any state which
282+5 is substantially similar to subsection (a) of this Section
283+6 regardless of whether the deaths occurred as the result of
284+7 the same act or of several related or unrelated acts so
285+8 long as the deaths were the result of either an intent to
286+9 kill more than one person or of separate acts which the
287+10 defendant knew would cause death or create a strong
288+11 probability of death or great bodily harm to the murdered
289+12 individual or another; or
290+13 (4) the murdered individual was killed as a result of
291+14 the hijacking of an airplane, train, ship, bus, or other
292+15 public conveyance; or
293+16 (5) the defendant committed the murder pursuant to a
294+17 contract, agreement, or understanding by which he or she
295+18 was to receive money or anything of value in return for
296+19 committing the murder or procured another to commit the
297+20 murder for money or anything of value; or
298+21 (6) the murdered individual was killed in the course
299+22 of another felony if:
300+23 (a) the murdered individual:
301+24 (i) was actually killed by the defendant, or
302+25 (ii) received physical injuries personally
303+26 inflicted by the defendant substantially
304+
305+
306+
307+
308+
309+ HB3762 Enrolled - 9 - LRB103 29450 RLC 55842 b
310+
311+
312+HB3762 Enrolled- 10 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 10 - LRB103 29450 RLC 55842 b
313+ HB3762 Enrolled - 10 - LRB103 29450 RLC 55842 b
314+1 contemporaneously with physical injuries caused by
315+2 one or more persons for whose conduct the
316+3 defendant is legally accountable under Section 5-2
317+4 of this Code, and the physical injuries inflicted
318+5 by either the defendant or the other person or
319+6 persons for whose conduct he is legally
320+7 accountable caused the death of the murdered
321+8 individual; and
322+9 (b) in performing the acts which caused the death
323+10 of the murdered individual or which resulted in
324+11 physical injuries personally inflicted by the
325+12 defendant on the murdered individual under the
326+13 circumstances of subdivision (ii) of subparagraph (a)
327+14 of paragraph (6) of subsection (b) of this Section,
328+15 the defendant acted with the intent to kill the
329+16 murdered individual or with the knowledge that his
330+17 acts created a strong probability of death or great
331+18 bodily harm to the murdered individual or another; and
332+19 (c) the other felony was an inherently violent
333+20 crime or the attempt to commit an inherently violent
334+21 crime. In this subparagraph (c), "inherently violent
335+22 crime" includes, but is not limited to, armed robbery,
336+23 robbery, predatory criminal sexual assault of a child,
337+24 aggravated criminal sexual assault, aggravated
338+25 kidnapping, aggravated vehicular hijacking, aggravated
339+26 arson, aggravated stalking, residential burglary, and
340+
341+
342+
343+
344+
345+ HB3762 Enrolled - 10 - LRB103 29450 RLC 55842 b
346+
347+
348+HB3762 Enrolled- 11 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 11 - LRB103 29450 RLC 55842 b
349+ HB3762 Enrolled - 11 - LRB103 29450 RLC 55842 b
350+1 home invasion; or
351+2 (7) the murdered individual was under 12 years of age
352+3 and the death resulted from exceptionally brutal or
353+4 heinous behavior indicative of wanton cruelty; or
354+5 (8) the defendant committed the murder with intent to
355+6 prevent the murdered individual from testifying or
356+7 participating in any criminal investigation or prosecution
357+8 or giving material assistance to the State in any
358+9 investigation or prosecution, either against the defendant
359+10 or another; or the defendant committed the murder because
360+11 the murdered individual was a witness in any prosecution
361+12 or gave material assistance to the State in any
362+13 investigation or prosecution, either against the defendant
363+14 or another; for purposes of this paragraph (8),
364+15 "participating in any criminal investigation or
365+16 prosecution" is intended to include those appearing in the
366+17 proceedings in any capacity such as trial judges,
367+18 prosecutors, defense attorneys, investigators, witnesses,
368+19 or jurors; or
369+20 (9) the defendant, while committing an offense
370+21 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
371+22 407 or 407.1 or subsection (b) of Section 404 of the
372+23 Illinois Controlled Substances Act, or while engaged in a
373+24 conspiracy or solicitation to commit such offense,
374+25 intentionally killed an individual or counseled,
375+26 commanded, induced, procured or caused the intentional
376+
377+
378+
379+
380+
381+ HB3762 Enrolled - 11 - LRB103 29450 RLC 55842 b
382+
383+
384+HB3762 Enrolled- 12 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 12 - LRB103 29450 RLC 55842 b
385+ HB3762 Enrolled - 12 - LRB103 29450 RLC 55842 b
386+1 killing of the murdered individual; or
387+2 (10) the defendant was incarcerated in an institution
388+3 or facility of the Department of Corrections at the time
389+4 of the murder, and while committing an offense punishable
390+5 as a felony under Illinois law, or while engaged in a
391+6 conspiracy or solicitation to commit such offense,
392+7 intentionally killed an individual or counseled,
393+8 commanded, induced, procured or caused the intentional
394+9 killing of the murdered individual; or
395+10 (11) the murder was committed in a cold, calculated
396+11 and premeditated manner pursuant to a preconceived plan,
397+12 scheme or design to take a human life by unlawful means,
398+13 and the conduct of the defendant created a reasonable
399+14 expectation that the death of a human being would result
400+15 therefrom; or
401+16 (12) the murdered individual was an emergency medical
402+17 technician - ambulance, emergency medical technician -
403+18 intermediate, emergency medical technician - paramedic,
404+19 ambulance driver, or other medical assistance or first aid
405+20 personnel, employed by a municipality or other
406+21 governmental unit, killed in the course of performing his
407+22 official duties, to prevent the performance of his
408+23 official duties, or in retaliation for performing his
409+24 official duties, and the defendant knew or should have
410+25 known that the murdered individual was an emergency
411+26 medical technician - ambulance, emergency medical
412+
413+
414+
415+
416+
417+ HB3762 Enrolled - 12 - LRB103 29450 RLC 55842 b
418+
419+
420+HB3762 Enrolled- 13 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 13 - LRB103 29450 RLC 55842 b
421+ HB3762 Enrolled - 13 - LRB103 29450 RLC 55842 b
422+1 technician - intermediate, emergency medical technician -
423+2 paramedic, ambulance driver, or other medical assistance
424+3 or first aid personnel; or
425+4 (13) the defendant was a principal administrator,
426+5 organizer, or leader of a calculated criminal drug
427+6 conspiracy consisting of a hierarchical position of
428+7 authority superior to that of all other members of the
429+8 conspiracy, and the defendant counseled, commanded,
430+9 induced, procured, or caused the intentional killing of
431+10 the murdered person; or
432+11 (14) the murder was intentional and involved the
433+12 infliction of torture. For the purpose of this Section
434+13 torture means the infliction of or subjection to extreme
435+14 physical pain, motivated by an intent to increase or
436+15 prolong the pain, suffering or agony of the victim; or
437+16 (15) the murder was committed as a result of the
438+17 intentional discharge of a firearm by the defendant from a
439+18 motor vehicle and the victim was not present within the
440+19 motor vehicle; or
441+20 (16) the murdered individual was 60 years of age or
442+21 older and the death resulted from exceptionally brutal or
443+22 heinous behavior indicative of wanton cruelty; or
444+23 (17) the murdered individual was a person with a
445+24 disability and the defendant knew or should have known
446+25 that the murdered individual was a person with a
447+26 disability. For purposes of this paragraph (17), "person
448+
449+
450+
451+
452+
453+ HB3762 Enrolled - 13 - LRB103 29450 RLC 55842 b
454+
455+
456+HB3762 Enrolled- 14 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 14 - LRB103 29450 RLC 55842 b
457+ HB3762 Enrolled - 14 - LRB103 29450 RLC 55842 b
458+1 with a disability" means a person who suffers from a
459+2 permanent physical or mental impairment resulting from
460+3 disease, an injury, a functional disorder, or a congenital
461+4 condition that renders the person incapable of adequately
462+5 providing for his or her own health or personal care; or
463+6 (18) the murder was committed by reason of any
464+7 person's activity as a community policing volunteer or to
465+8 prevent any person from engaging in activity as a
466+9 community policing volunteer; or
467+10 (19) the murdered individual was subject to an order
468+11 of protection and the murder was committed by a person
469+12 against whom the same order of protection was issued under
470+13 the Illinois Domestic Violence Act of 1986; or
471+14 (20) the murdered individual was known by the
472+15 defendant to be a teacher or other person employed in any
473+16 school and the teacher or other employee is upon the
474+17 grounds of a school or grounds adjacent to a school, or is
475+18 in any part of a building used for school purposes; or
476+19 (21) the murder was committed by the defendant in
477+20 connection with or as a result of the offense of terrorism
478+21 as defined in Section 29D-14.9 of this Code; or
479+22 (22) the murdered individual was a member of a
480+23 congregation engaged in prayer or other religious
481+24 activities at a church, synagogue, mosque, or other
482+25 building, structure, or place used for religious worship.
483+26 (b-5) (Blank). Aggravating Factor; Natural Life
484+
485+
486+
487+
488+
489+ HB3762 Enrolled - 14 - LRB103 29450 RLC 55842 b
490+
491+
492+HB3762 Enrolled- 15 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 15 - LRB103 29450 RLC 55842 b
493+ HB3762 Enrolled - 15 - LRB103 29450 RLC 55842 b
494+1 Imprisonment. A defendant who has been found guilty of first
495+2 degree murder and who at the time of the commission of the
496+3 offense had attained the age of 18 years or more may be
497+4 sentenced to natural life imprisonment if (i) the murdered
498+5 individual was a physician, physician assistant, psychologist,
499+6 nurse, or advanced practice registered nurse, (ii) the
500+7 defendant knew or should have known that the murdered
501+8 individual was a physician, physician assistant, psychologist,
502+9 nurse, or advanced practice registered nurse, and (iii) the
503+10 murdered individual was killed in the course of acting in his
504+11 or her capacity as a physician, physician assistant,
505+12 psychologist, nurse, or advanced practice registered nurse, or
506+13 to prevent him or her from acting in that capacity, or in
507+14 retaliation for his or her acting in that capacity.
508+15 (c) (Blank). Consideration of factors in Aggravation and
509+16 Mitigation.
510+17 The court shall consider, or shall instruct the jury to
511+18 consider any aggravating and any mitigating factors which are
512+19 relevant to the imposition of the death penalty. Aggravating
513+20 factors may include but need not be limited to those factors
514+21 set forth in subsection (b). Mitigating factors may include
515+22 but need not be limited to the following:
516+23 (1) the defendant has no significant history of prior
517+24 criminal activity;
518+25 (2) the murder was committed while the defendant was
519+26 under the influence of extreme mental or emotional
520+
521+
522+
523+
524+
525+ HB3762 Enrolled - 15 - LRB103 29450 RLC 55842 b
526+
527+
528+HB3762 Enrolled- 16 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 16 - LRB103 29450 RLC 55842 b
529+ HB3762 Enrolled - 16 - LRB103 29450 RLC 55842 b
530+1 disturbance, although not such as to constitute a defense
531+2 to prosecution;
532+3 (3) the murdered individual was a participant in the
533+4 defendant's homicidal conduct or consented to the
534+5 homicidal act;
535+6 (4) the defendant acted under the compulsion of threat
536+7 or menace of the imminent infliction of death or great
537+8 bodily harm;
538+9 (5) the defendant was not personally present during
539+10 commission of the act or acts causing death;
540+11 (6) the defendant's background includes a history of
541+12 extreme emotional or physical abuse;
542+13 (7) the defendant suffers from a reduced mental
543+14 capacity.
544+15 Provided, however, that an action that does not otherwise
545+16 mitigate first degree murder cannot qualify as a mitigating
546+17 factor for first degree murder because of the discovery,
547+18 knowledge, or disclosure of the victim's sexual orientation as
548+19 defined in Section 1-103 of the Illinois Human Rights Act.
549+20 (d) (Blank). Separate sentencing hearing.
550+21 Where requested by the State, the court shall conduct a
551+22 separate sentencing proceeding to determine the existence of
552+23 factors set forth in subsection (b) and to consider any
553+24 aggravating or mitigating factors as indicated in subsection
554+25 (c). The proceeding shall be conducted:
555+26 (1) before the jury that determined the defendant's
556+
557+
558+
559+
560+
561+ HB3762 Enrolled - 16 - LRB103 29450 RLC 55842 b
562+
563+
564+HB3762 Enrolled- 17 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 17 - LRB103 29450 RLC 55842 b
565+ HB3762 Enrolled - 17 - LRB103 29450 RLC 55842 b
566+1 guilt; or
567+2 (2) before a jury impanelled for the purpose of the
568+3 proceeding if:
569+4 A. the defendant was convicted upon a plea of
570+5 guilty; or
571+6 B. the defendant was convicted after a trial
572+7 before the court sitting without a jury; or
573+8 C. the court for good cause shown discharges the
574+9 jury that determined the defendant's guilt; or
575+10 (3) before the court alone if the defendant waives a
576+11 jury for the separate proceeding.
577+12 (e) (Blank). Evidence and Argument.
578+13 During the proceeding any information relevant to any of
579+14 the factors set forth in subsection (b) may be presented by
580+15 either the State or the defendant under the rules governing
581+16 the admission of evidence at criminal trials. Any information
582+17 relevant to any additional aggravating factors or any
583+18 mitigating factors indicated in subsection (c) may be
584+19 presented by the State or defendant regardless of its
585+20 admissibility under the rules governing the admission of
586+21 evidence at criminal trials. The State and the defendant shall
587+22 be given fair opportunity to rebut any information received at
588+23 the hearing.
589+24 (f) (Blank). Proof.
590+25 The burden of proof of establishing the existence of any
591+26 of the factors set forth in subsection (b) is on the State and
592+
593+
594+
595+
596+
597+ HB3762 Enrolled - 17 - LRB103 29450 RLC 55842 b
598+
599+
600+HB3762 Enrolled- 18 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 18 - LRB103 29450 RLC 55842 b
601+ HB3762 Enrolled - 18 - LRB103 29450 RLC 55842 b
602+1 shall not be satisfied unless established beyond a reasonable
603+2 doubt.
604+3 (g) (Blank). Procedure - Jury.
605+4 If at the separate sentencing proceeding the jury finds
606+5 that none of the factors set forth in subsection (b) exists,
607+6 the court shall sentence the defendant to a term of
608+7 imprisonment under Chapter V of the Unified Code of
609+8 Corrections. If there is a unanimous finding by the jury that
610+9 one or more of the factors set forth in subsection (b) exist,
611+10 the jury shall consider aggravating and mitigating factors as
612+11 instructed by the court and shall determine whether the
613+12 sentence of death shall be imposed. If the jury determines
614+13 unanimously, after weighing the factors in aggravation and
615+14 mitigation, that death is the appropriate sentence, the court
616+15 shall sentence the defendant to death. If the court does not
617+16 concur with the jury determination that death is the
618+17 appropriate sentence, the court shall set forth reasons in
619+18 writing including what facts or circumstances the court relied
620+19 upon, along with any relevant documents, that compelled the
621+20 court to non-concur with the sentence. This document and any
622+21 attachments shall be part of the record for appellate review.
623+22 The court shall be bound by the jury's sentencing
624+23 determination.
625+24 If after weighing the factors in aggravation and
626+25 mitigation, one or more jurors determines that death is not
627+26 the appropriate sentence, the court shall sentence the
628+
629+
630+
631+
632+
633+ HB3762 Enrolled - 18 - LRB103 29450 RLC 55842 b
634+
635+
636+HB3762 Enrolled- 19 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 19 - LRB103 29450 RLC 55842 b
637+ HB3762 Enrolled - 19 - LRB103 29450 RLC 55842 b
638+1 defendant to a term of imprisonment under Chapter V of the
639+2 Unified Code of Corrections.
640+3 (h) (Blank). Procedure - No Jury.
641+4 In a proceeding before the court alone, if the court finds
642+5 that none of the factors found in subsection (b) exists, the
643+6 court shall sentence the defendant to a term of imprisonment
644+7 under Chapter V of the Unified Code of Corrections.
645+8 If the Court determines that one or more of the factors set
646+9 forth in subsection (b) exists, the Court shall consider any
647+10 aggravating and mitigating factors as indicated in subsection
648+11 (c). If the Court determines, after weighing the factors in
649+12 aggravation and mitigation, that death is the appropriate
650+13 sentence, the Court shall sentence the defendant to death.
651+14 If the court finds that death is not the appropriate
652+15 sentence, the court shall sentence the defendant to a term of
653+16 imprisonment under Chapter V of the Unified Code of
654+17 Corrections.
655+18 (h-5) (Blank). Decertification as a capital case.
656+19 In a case in which the defendant has been found guilty of
657+20 first degree murder by a judge or jury, or a case on remand for
658+21 resentencing, and the State seeks the death penalty as an
659+22 appropriate sentence, on the court's own motion or the written
660+23 motion of the defendant, the court may decertify the case as a
661+24 death penalty case if the court finds that the only evidence
662+25 supporting the defendant's conviction is the uncorroborated
663+26 testimony of an informant witness, as defined in Section
664+
665+
666+
667+
668+
669+ HB3762 Enrolled - 19 - LRB103 29450 RLC 55842 b
670+
671+
672+HB3762 Enrolled- 20 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 20 - LRB103 29450 RLC 55842 b
673+ HB3762 Enrolled - 20 - LRB103 29450 RLC 55842 b
674+1 115-21 of the Code of Criminal Procedure of 1963, concerning
675+2 the confession or admission of the defendant or that the sole
676+3 evidence against the defendant is a single eyewitness or
677+4 single accomplice without any other corroborating evidence. If
678+5 the court decertifies the case as a capital case under either
679+6 of the grounds set forth above, the court shall issue a written
680+7 finding. The State may pursue its right to appeal the
681+8 decertification pursuant to Supreme Court Rule 604(a)(1). If
682+9 the court does not decertify the case as a capital case, the
683+10 matter shall proceed to the eligibility phase of the
684+11 sentencing hearing.
685+12 (i) (Blank). Appellate Procedure.
686+13 The conviction and sentence of death shall be subject to
687+14 automatic review by the Supreme Court. Such review shall be in
688+15 accordance with rules promulgated by the Supreme Court. The
689+16 Illinois Supreme Court may overturn the death sentence, and
690+17 order the imposition of imprisonment under Chapter V of the
691+18 Unified Code of Corrections if the court finds that the death
692+19 sentence is fundamentally unjust as applied to the particular
693+20 case. If the Illinois Supreme Court finds that the death
694+21 sentence is fundamentally unjust as applied to the particular
695+22 case, independent of any procedural grounds for relief, the
696+23 Illinois Supreme Court shall issue a written opinion
697+24 explaining this finding.
698+25 (j) (Blank). Disposition of reversed death sentence.
699+26 In the event that the death penalty in this Act is held to
700+
701+
702+
703+
704+
705+ HB3762 Enrolled - 20 - LRB103 29450 RLC 55842 b
706+
707+
708+HB3762 Enrolled- 21 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 21 - LRB103 29450 RLC 55842 b
709+ HB3762 Enrolled - 21 - LRB103 29450 RLC 55842 b
710+1 be unconstitutional by the Supreme Court of the United States
711+2 or of the State of Illinois, any person convicted of first
712+3 degree murder shall be sentenced by the court to a term of
713+4 imprisonment under Chapter V of the Unified Code of
714+5 Corrections.
715+6 In the event that any death sentence pursuant to the
716+7 sentencing provisions of this Section is declared
717+8 unconstitutional by the Supreme Court of the United States or
718+9 of the State of Illinois, the court having jurisdiction over a
719+10 person previously sentenced to death shall cause the defendant
720+11 to be brought before the court, and the court shall sentence
721+12 the defendant to a term of imprisonment under Chapter V of the
722+13 Unified Code of Corrections.
723+14 (k) (Blank). Guidelines for seeking the death penalty.
724+15 The Attorney General and State's Attorneys Association
725+16 shall consult on voluntary guidelines for procedures governing
726+17 whether or not to seek the death penalty. The guidelines do not
727+18 have the force of law and are only advisory in nature.
728+19 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
729+20 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
730+21 7-1-21.)
731+22 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
732+23 Sec. 9-1.2. Intentional homicide of an unborn child.
733+24 (a) A person commits the offense of intentional homicide
734+25 of an unborn child if, in performing acts which cause the death
735+
736+
737+
738+
739+
740+ HB3762 Enrolled - 21 - LRB103 29450 RLC 55842 b
741+
742+
743+HB3762 Enrolled- 22 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 22 - LRB103 29450 RLC 55842 b
744+ HB3762 Enrolled - 22 - LRB103 29450 RLC 55842 b
745+1 of an unborn child, he without lawful justification:
746+2 (1) either intended to cause the death of or do great
747+3 bodily harm to the pregnant individual or unborn child or
748+4 knew that such acts would cause death or great bodily harm
749+5 to the pregnant individual or unborn child; or
750+6 (2) knew that his acts created a strong probability of
751+7 death or great bodily harm to the pregnant individual or
752+8 unborn child; and
753+9 (3) knew that the individual was pregnant.
754+10 (b) For purposes of this Section, (1) "unborn child" shall
755+11 mean any individual of the human species from the implantation
756+12 of an embryo until birth, and (2) "person" shall not include
757+13 the pregnant woman whose unborn child is killed.
758+14 (c) This Section shall not apply to acts which cause the
759+15 death of an unborn child if those acts were committed during
760+16 any abortion, as defined in Section 1-10 of the Reproductive
761+17 Health Act, to which the pregnant individual has consented.
762+18 This Section shall not apply to acts which were committed
763+19 pursuant to usual and customary standards of medical practice
764+20 during diagnostic testing or therapeutic treatment.
765+21 (d) Penalty. The sentence for intentional homicide of an
766+22 unborn child shall be the same as for first degree murder,
767+23 except that:
768+24 (1) (blank) the death penalty may not be imposed;
769+25 (2) if the person committed the offense while armed
770+26 with a firearm, 15 years shall be added to the term of
771+
772+
773+
774+
775+
776+ HB3762 Enrolled - 22 - LRB103 29450 RLC 55842 b
777+
778+
779+HB3762 Enrolled- 23 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 23 - LRB103 29450 RLC 55842 b
780+ HB3762 Enrolled - 23 - LRB103 29450 RLC 55842 b
781+1 imprisonment imposed by the court;
782+2 (3) if, during the commission of the offense, the
783+3 person personally discharged a firearm, 20 years shall be
784+4 added to the term of imprisonment imposed by the court;
785+5 (4) if, during the commission of the offense, the
786+6 person personally discharged a firearm that proximately
787+7 caused great bodily harm, permanent disability, permanent
788+8 disfigurement, or death to another person, 25 years or up
789+9 to a term of natural life shall be added to the term of
790+10 imprisonment imposed by the court.
791+11 (e) The provisions of this Act shall not be construed to
792+12 prohibit the prosecution of any person under any other
793+13 provision of law.
794+14 (Source: P.A. 101-13, eff. 6-12-19.)
795+15 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
796+16 Sec. 12-3.05. Aggravated battery.
797+17 (a) Offense based on injury. A person commits aggravated
798+18 battery when, in committing a battery, other than by the
799+19 discharge of a firearm, he or she knowingly does any of the
800+20 following:
801+21 (1) Causes great bodily harm or permanent disability
802+22 or disfigurement.
803+23 (2) Causes severe and permanent disability, great
804+24 bodily harm, or disfigurement by means of a caustic or
805+25 flammable substance, a poisonous gas, a deadly biological
806+
807+
808+
809+
810+
811+ HB3762 Enrolled - 23 - LRB103 29450 RLC 55842 b
812+
813+
814+HB3762 Enrolled- 24 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 24 - LRB103 29450 RLC 55842 b
815+ HB3762 Enrolled - 24 - LRB103 29450 RLC 55842 b
816+1 or chemical contaminant or agent, a radioactive substance,
817+2 or a bomb or explosive compound.
818+3 (3) Causes great bodily harm or permanent disability
819+4 or disfigurement to an individual whom the person knows to
820+5 be a peace officer, community policing volunteer, fireman,
821+6 private security officer, correctional institution
822+7 employee, or Department of Human Services employee
823+8 supervising or controlling sexually dangerous persons or
824+9 sexually violent persons:
825+10 (i) performing his or her official duties;
826+11 (ii) battered to prevent performance of his or her
827+12 official duties; or
828+13 (iii) battered in retaliation for performing his
829+14 or her official duties.
830+15 (4) Causes great bodily harm or permanent disability
831+16 or disfigurement to an individual 60 years of age or
832+17 older.
833+18 (5) Strangles another individual.
834+19 (b) Offense based on injury to a child or person with an
835+20 intellectual disability. A person who is at least 18 years of
836+21 age commits aggravated battery when, in committing a battery,
837+22 he or she knowingly and without legal justification by any
838+23 means:
839+24 (1) causes great bodily harm or permanent disability
840+25 or disfigurement to any child under the age of 13 years, or
841+26 to any person with a severe or profound intellectual
842+
843+
844+
845+
846+
847+ HB3762 Enrolled - 24 - LRB103 29450 RLC 55842 b
848+
849+
850+HB3762 Enrolled- 25 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 25 - LRB103 29450 RLC 55842 b
851+ HB3762 Enrolled - 25 - LRB103 29450 RLC 55842 b
852+1 disability; or
853+2 (2) causes bodily harm or disability or disfigurement
854+3 to any child under the age of 13 years or to any person
855+4 with a severe or profound intellectual disability.
856+5 (c) Offense based on location of conduct. A person commits
857+6 aggravated battery when, in committing a battery, other than
858+7 by the discharge of a firearm, he or she is or the person
859+8 battered is on or about a public way, public property, a public
860+9 place of accommodation or amusement, a sports venue, or a
861+10 domestic violence shelter, or in a church, synagogue, mosque,
862+11 or other building, structure, or place used for religious
863+12 worship.
864+13 (d) Offense based on status of victim. A person commits
865+14 aggravated battery when, in committing a battery, other than
866+15 by discharge of a firearm, he or she knows the individual
867+16 battered to be any of the following:
868+17 (1) A person 60 years of age or older.
869+18 (2) A person who is pregnant or has a physical
870+19 disability.
871+20 (3) A teacher or school employee upon school grounds
872+21 or grounds adjacent to a school or in any part of a
873+22 building used for school purposes.
874+23 (4) A peace officer, community policing volunteer,
875+24 fireman, private security officer, correctional
876+25 institution employee, or Department of Human Services
877+26 employee supervising or controlling sexually dangerous
878+
879+
880+
881+
882+
883+ HB3762 Enrolled - 25 - LRB103 29450 RLC 55842 b
884+
885+
886+HB3762 Enrolled- 26 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 26 - LRB103 29450 RLC 55842 b
887+ HB3762 Enrolled - 26 - LRB103 29450 RLC 55842 b
888+1 persons or sexually violent persons:
889+2 (i) performing his or her official duties;
890+3 (ii) battered to prevent performance of his or her
891+4 official duties; or
892+5 (iii) battered in retaliation for performing his
893+6 or her official duties.
894+7 (5) A judge, emergency management worker, emergency
895+8 medical services personnel, or utility worker:
896+9 (i) performing his or her official duties;
897+10 (ii) battered to prevent performance of his or her
898+11 official duties; or
899+12 (iii) battered in retaliation for performing his
900+13 or her official duties.
901+14 (6) An officer or employee of the State of Illinois, a
902+15 unit of local government, or a school district, while
903+16 performing his or her official duties.
904+17 (7) A transit employee performing his or her official
905+18 duties, or a transit passenger.
906+19 (8) A taxi driver on duty.
907+20 (9) A merchant who detains the person for an alleged
908+21 commission of retail theft under Section 16-26 of this
909+22 Code and the person without legal justification by any
910+23 means causes bodily harm to the merchant.
911+24 (10) A person authorized to serve process under
912+25 Section 2-202 of the Code of Civil Procedure or a special
913+26 process server appointed by the circuit court while that
914+
915+
916+
917+
918+
919+ HB3762 Enrolled - 26 - LRB103 29450 RLC 55842 b
920+
921+
922+HB3762 Enrolled- 27 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 27 - LRB103 29450 RLC 55842 b
923+ HB3762 Enrolled - 27 - LRB103 29450 RLC 55842 b
924+1 individual is in the performance of his or her duties as a
925+2 process server.
926+3 (11) A nurse while in the performance of his or her
927+4 duties as a nurse.
928+5 (12) A merchant: (i) while performing his or her
929+6 duties, including, but not limited to, relaying directions
930+7 for healthcare or safety from his or her supervisor or
931+8 employer or relaying health or safety guidelines,
932+9 recommendations, regulations, or rules from a federal,
933+10 State, or local public health agency; and (ii) during a
934+11 disaster declared by the Governor, or a state of emergency
935+12 declared by the mayor of the municipality in which the
936+13 merchant is located, due to a public health emergency and
937+14 for a period of 6 months after such declaration.
938+15 (e) Offense based on use of a firearm. A person commits
939+16 aggravated battery when, in committing a battery, he or she
940+17 knowingly does any of the following:
941+18 (1) Discharges a firearm, other than a machine gun or
942+19 a firearm equipped with a silencer, and causes any injury
943+20 to another person.
944+21 (2) Discharges a firearm, other than a machine gun or
945+22 a firearm equipped with a silencer, and causes any injury
946+23 to a person he or she knows to be a peace officer,
947+24 community policing volunteer, person summoned by a police
948+25 officer, fireman, private security officer, correctional
949+26 institution employee, or emergency management worker:
950+
951+
952+
953+
954+
955+ HB3762 Enrolled - 27 - LRB103 29450 RLC 55842 b
956+
957+
958+HB3762 Enrolled- 28 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 28 - LRB103 29450 RLC 55842 b
959+ HB3762 Enrolled - 28 - LRB103 29450 RLC 55842 b
960+1 (i) performing his or her official duties;
961+2 (ii) battered to prevent performance of his or her
962+3 official duties; or
963+4 (iii) battered in retaliation for performing his
964+5 or her official duties.
965+6 (3) Discharges a firearm, other than a machine gun or
966+7 a firearm equipped with a silencer, and causes any injury
967+8 to a person he or she knows to be emergency medical
968+9 services personnel:
969+10 (i) performing his or her official duties;
970+11 (ii) battered to prevent performance of his or her
971+12 official duties; or
972+13 (iii) battered in retaliation for performing his
973+14 or her official duties.
974+15 (4) Discharges a firearm and causes any injury to a
975+16 person he or she knows to be a teacher, a student in a
976+17 school, or a school employee, and the teacher, student, or
977+18 employee is upon school grounds or grounds adjacent to a
978+19 school or in any part of a building used for school
979+20 purposes.
980+21 (5) Discharges a machine gun or a firearm equipped
981+22 with a silencer, and causes any injury to another person.
982+23 (6) Discharges a machine gun or a firearm equipped
983+24 with a silencer, and causes any injury to a person he or
984+25 she knows to be a peace officer, community policing
985+26 volunteer, person summoned by a police officer, fireman,
986+
987+
988+
989+
990+
991+ HB3762 Enrolled - 28 - LRB103 29450 RLC 55842 b
992+
993+
994+HB3762 Enrolled- 29 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 29 - LRB103 29450 RLC 55842 b
995+ HB3762 Enrolled - 29 - LRB103 29450 RLC 55842 b
996+1 private security officer, correctional institution
997+2 employee or emergency management worker:
998+3 (i) performing his or her official duties;
999+4 (ii) battered to prevent performance of his or her
1000+5 official duties; or
1001+6 (iii) battered in retaliation for performing his
1002+7 or her official duties.
1003+8 (7) Discharges a machine gun or a firearm equipped
1004+9 with a silencer, and causes any injury to a person he or
1005+10 she knows to be emergency medical services personnel:
1006+11 (i) performing his or her official duties;
1007+12 (ii) battered to prevent performance of his or her
1008+13 official duties; or
1009+14 (iii) battered in retaliation for performing his
1010+15 or her official duties.
1011+16 (8) Discharges a machine gun or a firearm equipped
1012+17 with a silencer, and causes any injury to a person he or
1013+18 she knows to be a teacher, or a student in a school, or a
1014+19 school employee, and the teacher, student, or employee is
1015+20 upon school grounds or grounds adjacent to a school or in
1016+21 any part of a building used for school purposes.
1017+22 (f) Offense based on use of a weapon or device. A person
1018+23 commits aggravated battery when, in committing a battery, he
1019+24 or she does any of the following:
1020+25 (1) Uses a deadly weapon other than by discharge of a
1021+26 firearm, or uses an air rifle as defined in Section
1022+
1023+
1024+
1025+
1026+
1027+ HB3762 Enrolled - 29 - LRB103 29450 RLC 55842 b
1028+
1029+
1030+HB3762 Enrolled- 30 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 30 - LRB103 29450 RLC 55842 b
1031+ HB3762 Enrolled - 30 - LRB103 29450 RLC 55842 b
1032+1 24.8-0.1 of this Code.
1033+2 (2) Wears a hood, robe, or mask to conceal his or her
1034+3 identity.
1035+4 (3) Knowingly and without lawful justification shines
1036+5 or flashes a laser gunsight or other laser device attached
1037+6 to a firearm, or used in concert with a firearm, so that
1038+7 the laser beam strikes upon or against the person of
1039+8 another.
1040+9 (4) Knowingly video or audio records the offense with
1041+10 the intent to disseminate the recording.
1042+11 (g) Offense based on certain conduct. A person commits
1043+12 aggravated battery when, other than by discharge of a firearm,
1044+13 he or she does any of the following:
1045+14 (1) Violates Section 401 of the Illinois Controlled
1046+15 Substances Act by unlawfully delivering a controlled
1047+16 substance to another and any user experiences great bodily
1048+17 harm or permanent disability as a result of the injection,
1049+18 inhalation, or ingestion of any amount of the controlled
1050+19 substance.
1051+20 (2) Knowingly administers to an individual or causes
1052+21 him or her to take, without his or her consent or by threat
1053+22 or deception, and for other than medical purposes, any
1054+23 intoxicating, poisonous, stupefying, narcotic,
1055+24 anesthetic, or controlled substance, or gives to another
1056+25 person any food containing any substance or object
1057+26 intended to cause physical injury if eaten.
1058+
1059+
1060+
1061+
1062+
1063+ HB3762 Enrolled - 30 - LRB103 29450 RLC 55842 b
1064+
1065+
1066+HB3762 Enrolled- 31 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 31 - LRB103 29450 RLC 55842 b
1067+ HB3762 Enrolled - 31 - LRB103 29450 RLC 55842 b
1068+1 (3) Knowingly causes or attempts to cause a
1069+2 correctional institution employee or Department of Human
1070+3 Services employee to come into contact with blood, seminal
1071+4 fluid, urine, or feces by throwing, tossing, or expelling
1072+5 the fluid or material, and the person is an inmate of a
1073+6 penal institution or is a sexually dangerous person or
1074+7 sexually violent person in the custody of the Department
1075+8 of Human Services.
1076+9 (h) Sentence. Unless otherwise provided, aggravated
1077+10 battery is a Class 3 felony.
1078+11 Aggravated battery as defined in subdivision (a)(4),
1079+12 (d)(4), or (g)(3) is a Class 2 felony.
1080+13 Aggravated battery as defined in subdivision (a)(3) or
1081+14 (g)(1) is a Class 1 felony.
1082+15 Aggravated battery as defined in subdivision (a)(1) is a
1083+16 Class 1 felony when the aggravated battery was intentional and
1084+17 involved the infliction of torture, as defined in paragraph
1085+18 (10) (14) of subsection (b-5) (b) of Section 5-8-1 of the
1086+19 Unified Code of Corrections Section 9-1 of this Code, as the
1087+20 infliction of or subjection to extreme physical pain,
1088+21 motivated by an intent to increase or prolong the pain,
1089+22 suffering, or agony of the victim.
1090+23 Aggravated battery as defined in subdivision (a)(1) is a
1091+24 Class 2 felony when the person causes great bodily harm or
1092+25 permanent disability to an individual whom the person knows to
1093+26 be a member of a congregation engaged in prayer or other
1094+
1095+
1096+
1097+
1098+
1099+ HB3762 Enrolled - 31 - LRB103 29450 RLC 55842 b
1100+
1101+
1102+HB3762 Enrolled- 32 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 32 - LRB103 29450 RLC 55842 b
1103+ HB3762 Enrolled - 32 - LRB103 29450 RLC 55842 b
1104+1 religious activities at a church, synagogue, mosque, or other
1105+2 building, structure, or place used for religious worship.
1106+3 Aggravated battery under subdivision (a)(5) is a Class 1
1107+4 felony if:
1108+5 (A) the person used or attempted to use a dangerous
1109+6 instrument while committing the offense;
1110+7 (B) the person caused great bodily harm or permanent
1111+8 disability or disfigurement to the other person while
1112+9 committing the offense; or
1113+10 (C) the person has been previously convicted of a
1114+11 violation of subdivision (a)(5) under the laws of this
1115+12 State or laws similar to subdivision (a)(5) of any other
1116+13 state.
1117+14 Aggravated battery as defined in subdivision (e)(1) is a
1118+15 Class X felony.
1119+16 Aggravated battery as defined in subdivision (a)(2) is a
1120+17 Class X felony for which a person shall be sentenced to a term
1121+18 of imprisonment of a minimum of 6 years and a maximum of 45
1122+19 years.
1123+20 Aggravated battery as defined in subdivision (e)(5) is a
1124+21 Class X felony for which a person shall be sentenced to a term
1125+22 of imprisonment of a minimum of 12 years and a maximum of 45
1126+23 years.
1127+24 Aggravated battery as defined in subdivision (e)(2),
1128+25 (e)(3), or (e)(4) is a Class X felony for which a person shall
1129+26 be sentenced to a term of imprisonment of a minimum of 15 years
1130+
1131+
1132+
1133+
1134+
1135+ HB3762 Enrolled - 32 - LRB103 29450 RLC 55842 b
1136+
1137+
1138+HB3762 Enrolled- 33 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 33 - LRB103 29450 RLC 55842 b
1139+ HB3762 Enrolled - 33 - LRB103 29450 RLC 55842 b
1140+1 and a maximum of 60 years.
1141+2 Aggravated battery as defined in subdivision (e)(6),
1142+3 (e)(7), or (e)(8) is a Class X felony for which a person shall
1143+4 be sentenced to a term of imprisonment of a minimum of 20 years
1144+5 and a maximum of 60 years.
1145+6 Aggravated battery as defined in subdivision (b)(1) is a
1146+7 Class X felony, except that:
1147+8 (1) if the person committed the offense while armed
1148+9 with a firearm, 15 years shall be added to the term of
1149+10 imprisonment imposed by the court;
1150+11 (2) if, during the commission of the offense, the
1151+12 person personally discharged a firearm, 20 years shall be
1152+13 added to the term of imprisonment imposed by the court;
1153+14 (3) if, during the commission of the offense, the
1154+15 person personally discharged a firearm that proximately
1155+16 caused great bodily harm, permanent disability, permanent
1156+17 disfigurement, or death to another person, 25 years or up
1157+18 to a term of natural life shall be added to the term of
1158+19 imprisonment imposed by the court.
1159+20 (i) Definitions. In this Section:
1160+21 "Building or other structure used to provide shelter" has
1161+22 the meaning ascribed to "shelter" in Section 1 of the Domestic
1162+23 Violence Shelters Act.
1163+24 "Domestic violence" has the meaning ascribed to it in
1164+25 Section 103 of the Illinois Domestic Violence Act of 1986.
1165+26 "Domestic violence shelter" means any building or other
1166+
1167+
1168+
1169+
1170+
1171+ HB3762 Enrolled - 33 - LRB103 29450 RLC 55842 b
1172+
1173+
1174+HB3762 Enrolled- 34 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 34 - LRB103 29450 RLC 55842 b
1175+ HB3762 Enrolled - 34 - LRB103 29450 RLC 55842 b
1176+1 structure used to provide shelter or other services to victims
1177+2 or to the dependent children of victims of domestic violence
1178+3 pursuant to the Illinois Domestic Violence Act of 1986 or the
1179+4 Domestic Violence Shelters Act, or any place within 500 feet
1180+5 of such a building or other structure in the case of a person
1181+6 who is going to or from such a building or other structure.
1182+7 "Firearm" has the meaning provided under Section 1.1 of
1183+8 the Firearm Owners Identification Card Act, and does not
1184+9 include an air rifle as defined by Section 24.8-0.1 of this
1185+10 Code.
1186+11 "Machine gun" has the meaning ascribed to it in Section
1187+12 24-1 of this Code.
1188+13 "Merchant" has the meaning ascribed to it in Section
1189+14 16-0.1 of this Code.
1190+15 "Strangle" means intentionally impeding the normal
1191+16 breathing or circulation of the blood of an individual by
1192+17 applying pressure on the throat or neck of that individual or
1193+18 by blocking the nose or mouth of that individual.
1194+19 (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
1195+20 (720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
1196+21 Sec. 30-1. Treason.
1197+22 (a) A person owing allegiance to this State commits
1198+23 treason when he or she knowingly:
1199+24 (1) levies war against this State; or
1200+25 (2) adheres to the enemies of this State, giving them
1201+
1202+
1203+
1204+
1205+
1206+ HB3762 Enrolled - 34 - LRB103 29450 RLC 55842 b
1207+
1208+
1209+HB3762 Enrolled- 35 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 35 - LRB103 29450 RLC 55842 b
1210+ HB3762 Enrolled - 35 - LRB103 29450 RLC 55842 b
1211+1 aid or comfort.
1212+2 (b) No person may be convicted of treason except on the
1213+3 testimony of 2 witnesses to the same overt act, or on his
1214+4 confession in open court.
1215+5 (c) Sentence. Treason is a Class X felony for which an
1216+6 offender may be sentenced to death under Section 5-5-3 of the
1217+7 Unified Code of Corrections.
1218+8 (Source: P.A. 80-1099.)
1219+9 Section 25. The Cannabis Control Act is amended by
1220+10 changing Section 9 as follows:
1221+11 (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
1222+12 Sec. 9. (a) Any person who engages in a calculated
1223+13 criminal cannabis conspiracy, as defined in subsection (b), is
1224+14 guilty of a Class 3 felony, and fined not more than $200,000
1225+15 and shall be subject to the forfeitures prescribed in
1226+16 subsection (c); except that, if any person engages in such
1227+17 offense after one or more prior convictions under this
1228+18 Section, Section 4 (d), Section 5 (d), Section 8 (d) or any law
1229+19 of the United States or of any State relating to cannabis, or
1230+20 controlled substances as defined in the Illinois Controlled
1231+21 Substances Act, in addition to the fine and forfeiture
1232+22 authorized above, he shall be guilty of a Class 1 felony for
1233+23 which an offender may not be sentenced to death.
1234+24 (b) For purposes of this section, a person engages in a
1235+
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1240+ HB3762 Enrolled - 35 - LRB103 29450 RLC 55842 b
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1243+HB3762 Enrolled- 36 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 36 - LRB103 29450 RLC 55842 b
1244+ HB3762 Enrolled - 36 - LRB103 29450 RLC 55842 b
1245+1 calculated criminal cannabis conspiracy when:
1246+2 (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
1247+3 or 8 (d) of this Act; and
1248+4 (2) such violation is a part of a conspiracy undertaken or
1249+5 carried on with 2 or more other persons; and
1250+6 (3) he obtains anything of value greater than $500 from,
1251+7 or organizes, directs or finances such violation or
1252+8 conspiracy.
1253+9 (c) Any person who is convicted under this Section of
1254+10 engaging in a calculated criminal cannabis conspiracy shall
1255+11 forfeit to the State of Illinois:
1256+12 (1) the receipts obtained by him in such conspiracy; and
1257+13 (2) any of his interests in, claims against, receipts
1258+14 from, or property or rights of any kind affording a source of
1259+15 influence over, such conspiracy.
1260+16 (d) The circuit court may enter such injunctions,
1261+17 restraining orders, directions, or prohibitions, or take such
1262+18 other actions, including the acceptance of satisfactory
1263+19 performance bonds, in connection with any property, claim,
1264+20 receipt, right or other interest subject to forfeiture under
1265+21 this Section, as it deems proper.
1266+22 (Source: P.A. 84-1233.)
1267+23 Section 30. The Code of Criminal Procedure of 1963 is
1268+24 amended by changing Sections 104-26, 111-3, 116-4, 121-13,
1269+25 122-1, 122-2.1, 122-2.2, and 122-4 as follows:
1270+
1271+
1272+
1273+
1274+
1275+ HB3762 Enrolled - 36 - LRB103 29450 RLC 55842 b
1276+
1277+
1278+HB3762 Enrolled- 37 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 37 - LRB103 29450 RLC 55842 b
1279+ HB3762 Enrolled - 37 - LRB103 29450 RLC 55842 b
1280+1 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
1281+2 Sec. 104-26. Disposition of Defendants suffering
1282+3 disabilities.
1283+4 (a) A defendant convicted following a trial conducted
1284+5 under the provisions of Section 104-22 shall not be sentenced
1285+6 before a written presentence report of investigation is
1286+7 presented to and considered by the court. The presentence
1287+8 report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and
1288+9 5-3-4 of the Unified Code of Corrections, as now or hereafter
1289+10 amended, and shall include a physical and mental examination
1290+11 unless the court finds that the reports of prior physical and
1291+12 mental examinations conducted pursuant to this Article are
1292+13 adequate and recent enough so that additional examinations
1293+14 would be unnecessary.
1294+15 (b) (Blank). A defendant convicted following a trial under
1295+16 Section 104-22 shall not be subject to the death penalty.
1296+17 (c) A defendant convicted following a trial under Section
1297+18 104-22 shall be sentenced according to the procedures and
1298+19 dispositions authorized under the Unified Code of Corrections,
1299+20 as now or hereafter amended, subject to the following
1300+21 provisions:
1301+22 (1) The court shall not impose a sentence of
1302+23 imprisonment upon the offender if the court believes that
1303+24 because of his disability a sentence of imprisonment would
1304+25 not serve the ends of justice and the interests of society
1305+
1306+
1307+
1308+
1309+
1310+ HB3762 Enrolled - 37 - LRB103 29450 RLC 55842 b
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1315+1 and the offender or that because of his disability a
1316+2 sentence of imprisonment would subject the offender to
1317+3 excessive hardship. In addition to any other conditions of
1318+4 a sentence of conditional discharge or probation the court
1319+5 may require that the offender undergo treatment
1320+6 appropriate to his mental or physical condition.
1321+7 (2) After imposing a sentence of imprisonment upon an
1322+8 offender who has a mental disability, the court may remand
1323+9 him to the custody of the Department of Human Services and
1324+10 order a hearing to be conducted pursuant to the provisions
1325+11 of the Mental Health and Developmental Disabilities Code,
1326+12 as now or hereafter amended. If the offender is committed
1327+13 following such hearing, he shall be treated in the same
1328+14 manner as any other civilly committed patient for all
1329+15 purposes except as provided in this Section. If the
1330+16 defendant is not committed pursuant to such hearing, he
1331+17 shall be remanded to the sentencing court for disposition
1332+18 according to the sentence imposed.
1333+19 (3) If the court imposes a sentence of imprisonment
1334+20 upon an offender who has a mental disability but does not
1335+21 proceed under subparagraph (2) of paragraph (c) of this
1336+22 Section, it shall order the Department of Corrections to
1337+23 proceed pursuant to Section 3-8-5 of the Unified Code of
1338+24 Corrections, as now or hereafter amended.
1339+25 (3.5) If the court imposes a sentence of imprisonment
1340+26 upon an offender who has a mental disability, the court
1341+
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1350+ HB3762 Enrolled - 39 - LRB103 29450 RLC 55842 b
1351+1 shall direct the circuit court clerk to immediately notify
1352+2 the Illinois State Police, Firearm Owner's Identification
1353+3 (FOID) Office, in a form and manner prescribed by the
1354+4 Illinois State Police and shall forward a copy of the
1355+5 court order to the Department.
1356+6 (4) If the court imposes a sentence of imprisonment
1357+7 upon an offender who has a physical disability, it may
1358+8 authorize the Department of Corrections to place the
1359+9 offender in a public or private facility which is able to
1360+10 provide care or treatment for the offender's disability
1361+11 and which agrees to do so.
1362+12 (5) When an offender is placed with the Department of
1363+13 Human Services or another facility pursuant to
1364+14 subparagraph (2) or (4) of this paragraph (c), the
1365+15 Department or private facility shall not discharge or
1366+16 allow the offender to be at large in the community without
1367+17 prior approval of the court. If the defendant is placed in
1368+18 the custody of the Department of Human Services, the
1369+19 defendant shall be placed in a secure setting unless the
1370+20 court determines that there are compelling reasons why
1371+21 such placement is not necessary. The offender shall accrue
1372+22 good time and shall be eligible for parole in the same
1373+23 manner as if he were serving his sentence within the
1374+24 Department of Corrections. When the offender no longer
1375+25 requires hospitalization, care, or treatment, the
1376+26 Department of Human Services or the facility shall
1377+
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1386+ HB3762 Enrolled - 40 - LRB103 29450 RLC 55842 b
1387+1 transfer him, if his sentence has not expired, to the
1388+2 Department of Corrections. If an offender is transferred
1389+3 to the Department of Corrections, the Department of Human
1390+4 Services shall transfer to the Department of Corrections
1391+5 all related records pertaining to length of custody and
1392+6 treatment services provided during the time the offender
1393+7 was held.
1394+8 (6) The Department of Corrections shall notify the
1395+9 Department of Human Services or a facility in which an
1396+10 offender has been placed pursuant to subparagraph (2) or
1397+11 (4) of paragraph (c) of this Section of the expiration of
1398+12 his sentence. Thereafter, an offender in the Department of
1399+13 Human Services shall continue to be treated pursuant to
1400+14 his commitment order and shall be considered a civilly
1401+15 committed patient for all purposes including discharge. An
1402+16 offender who is in a facility pursuant to subparagraph (4)
1403+17 of paragraph (c) of this Section shall be informed by the
1404+18 facility of the expiration of his sentence, and shall
1405+19 either consent to the continuation of his care or
1406+20 treatment by the facility or shall be discharged.
1407+21 (Source: P.A. 102-538, eff. 8-20-21.)
1408+22 (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
1409+23 Sec. 111-3. Form of charge.
1410+24 (a) A charge shall be in writing and allege the commission
1411+25 of an offense by:
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1421+ HB3762 Enrolled - 41 - LRB103 29450 RLC 55842 b
1422+1 (1) Stating the name of the offense;
1423+2 (2) Citing the statutory provision alleged to have
1424+3 been violated;
1425+4 (3) Setting forth the nature and elements of the
1426+5 offense charged;
1427+6 (4) Stating the date and county of the offense as
1428+7 definitely as can be done; and
1429+8 (5) Stating the name of the accused, if known, and if
1430+9 not known, designate the accused by any name or
1431+10 description by which he can be identified with reasonable
1432+11 certainty.
1433+12 (a-5) If the victim is alleged to have been subjected to an
1434+13 offense involving an illegal sexual act including, but not
1435+14 limited to, a sexual offense defined in Article 11 or Section
1436+15 10-9 of the Criminal Code of 2012, the charge shall state the
1437+16 identity of the victim by name, initials, or description.
1438+17 (b) An indictment shall be signed by the foreman of the
1439+18 Grand Jury and an information shall be signed by the State's
1440+19 Attorney and sworn to by him or another. A complaint shall be
1441+20 sworn to and signed by the complainant; provided, that when a
1442+21 peace officer observes the commission of a misdemeanor and is
1443+22 the complaining witness, the signing of the complaint by the
1444+23 peace officer is sufficient to charge the defendant with the
1445+24 commission of the offense, and the complaint need not be sworn
1446+25 to if the officer signing the complaint certifies that the
1447+26 statements set forth in the complaint are true and correct and
1448+
1449+
1450+
1451+
1452+
1453+ HB3762 Enrolled - 41 - LRB103 29450 RLC 55842 b
1454+
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1457+ HB3762 Enrolled - 42 - LRB103 29450 RLC 55842 b
1458+1 are subject to the penalties provided by law for false
1459+2 certification under Section 1-109 of the Code of Civil
1460+3 Procedure and perjury under Section 32-2 of the Criminal Code
1461+4 of 2012; and further provided, however, that when a citation
1462+5 is issued on a Uniform Traffic Ticket or Uniform Conservation
1463+6 Ticket (in a form prescribed by the Conference of Chief
1464+7 Circuit Judges and filed with the Supreme Court), the copy of
1465+8 such Uniform Ticket which is filed with the circuit court
1466+9 constitutes a complaint to which the defendant may plead,
1467+10 unless he specifically requests that a verified complaint be
1468+11 filed.
1469+12 (c) When the State seeks an enhanced sentence because of a
1470+13 prior conviction, the charge shall also state the intention to
1471+14 seek an enhanced sentence and shall state such prior
1472+15 conviction so as to give notice to the defendant. However, the
1473+16 fact of such prior conviction and the State's intention to
1474+17 seek an enhanced sentence are not elements of the offense and
1475+18 may not be disclosed to the jury during trial unless otherwise
1476+19 permitted by issues properly raised during such trial. For the
1477+20 purposes of this Section, "enhanced sentence" means a sentence
1478+21 which is increased by a prior conviction from one
1479+22 classification of offense to another higher level
1480+23 classification of offense set forth in Section 5-4.5-10 of the
1481+24 Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
1482+25 include an increase in the sentence applied within the same
1483+26 level of classification of offense.
1484+
1485+
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1489+ HB3762 Enrolled - 42 - LRB103 29450 RLC 55842 b
1490+
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1492+HB3762 Enrolled- 43 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 43 - LRB103 29450 RLC 55842 b
1493+ HB3762 Enrolled - 43 - LRB103 29450 RLC 55842 b
1494+1 (c-5) Notwithstanding any other provision of law, in all
1495+2 cases in which the imposition of the death penalty is not a
1496+3 possibility, if an alleged fact (other than the fact of a prior
1497+4 conviction) is not an element of an offense but is sought to be
1498+5 used to increase the range of penalties for the offense beyond
1499+6 the statutory maximum that could otherwise be imposed for the
1500+7 offense, the alleged fact must be included in the charging
1501+8 instrument or otherwise provided to the defendant through a
1502+9 written notification before trial, submitted to a trier of
1503+10 fact as an aggravating factor, and proved beyond a reasonable
1504+11 doubt. Failure to prove the fact beyond a reasonable doubt is
1505+12 not a bar to a conviction for commission of the offense, but is
1506+13 a bar to increasing, based on that fact, the range of penalties
1507+14 for the offense beyond the statutory maximum that could
1508+15 otherwise be imposed for that offense. Nothing in this
1509+16 subsection (c-5) requires the imposition of a sentence that
1510+17 increases the range of penalties for the offense beyond the
1511+18 statutory maximum that could otherwise be imposed for the
1512+19 offense if the imposition of that sentence is not required by
1513+20 law.
1514+21 (d) At any time prior to trial, the State on motion shall
1515+22 be permitted to amend the charge, whether brought by
1516+23 indictment, information or complaint, to make the charge
1517+24 comply with subsection (c) or (c-5) of this Section. Nothing
1518+25 in Section 103-5 of this Code precludes such an amendment or a
1519+26 written notification made in accordance with subsection (c-5)
1520+
1521+
1522+
1523+
1524+
1525+ HB3762 Enrolled - 43 - LRB103 29450 RLC 55842 b
1526+
1527+
1528+HB3762 Enrolled- 44 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 44 - LRB103 29450 RLC 55842 b
1529+ HB3762 Enrolled - 44 - LRB103 29450 RLC 55842 b
1530+1 of this Section.
1531+2 (e) The provisions of subsection (a) of Section 5-4.5-95
1532+3 of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall
1533+4 not be affected by this Section.
1534+5 (Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
1535+6 (725 ILCS 5/116-4)
1536+7 Sec. 116-4. Preservation of evidence for forensic testing.
1537+8 (a) Before or after the trial in a prosecution for a
1538+9 violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1539+10 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
1540+11 Criminal Code of 1961 or the Criminal Code of 2012 or in a
1541+12 prosecution for an offense defined in Article 9 of that Code,
1542+13 or in a prosecution for an attempt in violation of Section 8-4
1543+14 of that Code of any of the above-enumerated offenses, unless
1544+15 otherwise provided herein under subsection (b) or (c), a law
1545+16 enforcement agency or an agent acting on behalf of the law
1546+17 enforcement agency shall preserve, subject to a continuous
1547+18 chain of custody, any physical evidence in their possession or
1548+19 control that is reasonably likely to contain forensic
1549+20 evidence, including, but not limited to, fingerprints or
1550+21 biological material secured in relation to a trial and with
1551+22 sufficient documentation to locate that evidence.
1552+23 (b) After a judgment of conviction is entered, the
1553+24 evidence shall either be impounded with the Clerk of the
1554+25 Circuit Court or shall be securely retained by a law
1555+
1556+
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1558+
1559+
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1561+
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1563+HB3762 Enrolled- 45 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 45 - LRB103 29450 RLC 55842 b
1564+ HB3762 Enrolled - 45 - LRB103 29450 RLC 55842 b
1565+1 enforcement agency. Retention shall be permanent in cases
1566+2 where a sentence of death is imposed. Retention shall be until
1567+3 the completion of the sentence, including the period of
1568+4 mandatory supervised release for the offense, or January 1,
1569+5 2006, whichever is later, for any conviction for an offense or
1570+6 an attempt of an offense defined in Article 9 of the Criminal
1571+7 Code of 1961 or the Criminal Code of 2012 or in Section
1572+8 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1573+9 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1574+10 Criminal Code of 2012 or for 7 years following any conviction
1575+11 for any other felony for which the defendant's genetic profile
1576+12 may be taken by a law enforcement agency and submitted for
1577+13 comparison in a forensic DNA database for unsolved offenses.
1578+14 (c) After a judgment of conviction is entered, the law
1579+15 enforcement agency required to retain evidence described in
1580+16 subsection (a) may petition the court with notice to the
1581+17 defendant or, in cases where the defendant has died, his
1582+18 estate, his attorney of record, or an attorney appointed for
1583+19 that purpose by the court for entry of an order allowing it to
1584+20 dispose of evidence if, after a hearing, the court determines
1585+21 by a preponderance of the evidence that:
1586+22 (1) it has no significant value for forensic science
1587+23 analysis and should be returned to its rightful owner,
1588+24 destroyed, used for training purposes, or as otherwise
1589+25 provided by law; or
1590+26 (2) it has no significant value for forensic science
1591+
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1596+ HB3762 Enrolled - 45 - LRB103 29450 RLC 55842 b
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1600+ HB3762 Enrolled - 46 - LRB103 29450 RLC 55842 b
1601+1 analysis and is of a size, bulk, or physical character not
1602+2 usually retained by the law enforcement agency and cannot
1603+3 practicably be retained by the law enforcement agency; or
1604+4 (3) there no longer exists a reasonable basis to
1605+5 require the preservation of the evidence because of the
1606+6 death of the defendant; however, this paragraph (3) does
1607+7 not apply if a sentence of death was imposed.
1608+8 (d) The court may order the disposition of the evidence if
1609+9 the defendant is allowed the opportunity to take reasonable
1610+10 measures to remove or preserve portions of the evidence in
1611+11 question for future testing.
1612+12 (d-5) Any order allowing the disposition of evidence
1613+13 pursuant to subsection (c) or (d) shall be a final and
1614+14 appealable order. No evidence shall be disposed of until 30
1615+15 days after the order is entered, and if a notice of appeal is
1616+16 filed, no evidence shall be disposed of until the mandate has
1617+17 been received by the circuit court from the appellate court.
1618+18 (d-10) All records documenting the possession, control,
1619+19 storage, and destruction of evidence and all police reports,
1620+20 evidence control or inventory records, and other reports cited
1621+21 in this Section, including computer records, must be retained
1622+22 for as long as the evidence exists and may not be disposed of
1623+23 without the approval of the Local Records Commission.
1624+24 (e) In this Section, "law enforcement agency" includes any
1625+25 of the following or an agent acting on behalf of any of the
1626+26 following: a municipal police department, county sheriff's
1627+
1628+
1629+
1630+
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1636+ HB3762 Enrolled - 47 - LRB103 29450 RLC 55842 b
1637+1 office, any prosecuting authority, the Illinois State Police,
1638+2 or any other State, university, county, federal, or municipal
1639+3 police unit or police force.
1640+4 "Biological material" includes, but is not limited to, any
1641+5 blood, hair, saliva, or semen from which genetic marker
1642+6 groupings may be obtained.
1643+7 (Source: P.A. 102-538, eff. 8-20-21.)
1644+8 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
1645+9 Sec. 121-13. Pauper Appeals.
1646+10 (a) In any case wherein the defendant was convicted of a
1647+11 felony, if the court determines that the defendant desires
1648+12 counsel on appeal but is indigent the Public Defender or the
1649+13 State Appellate Defender shall be appointed as counsel, unless
1650+14 with the consent of the defendant and for good cause shown, the
1651+15 court may appoint counsel other than the Public Defender or
1652+16 the State Appellate Defender.
1653+17 (b) In any case wherein the defendant was convicted of a
1654+18 felony and a sentence of death was not imposed in the trial
1655+19 court the reviewing court, upon petition of the defendant's
1656+20 counsel made not more frequently than every 60 days after
1657+21 appointment, shall determine a reasonable amount to be allowed
1658+22 an indigent defendant's counsel other than the Public Defender
1659+23 or the State Appellate Defender for compensation and
1660+24 reimbursement of expenditures necessarily incurred in the
1661+25 prosecution of the appeal or review proceedings. The
1662+
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1671+ HB3762 Enrolled - 48 - LRB103 29450 RLC 55842 b
1672+1 compensation shall not exceed $1500 in each case, except that,
1673+2 in extraordinary circumstances, payment in excess of the
1674+3 limits herein stated may be made if the reviewing court
1675+4 certifies that the payment is necessary to provide fair
1676+5 compensation for protracted representation. The reviewing
1677+6 court shall enter an order directing the county treasurer of
1678+7 the county where the case was tried to pay the amount allowed
1679+8 by the court. The reviewing court may order the provisional
1680+9 payment of sums during the pendency of the cause.
1681+10 (c) (blank). In any case in which a sentence of death was
1682+11 imposed in the trial court, the Supreme Court, upon written
1683+12 petition of the defendant's counsel made not more than every
1684+13 60 days after appointment, shall determine reasonable
1685+14 compensation for an indigent defendant's attorneys on appeal.
1686+15 The compensation shall not exceed $2,000 in each case, except
1687+16 that, in extraordinary circumstances, payment in excess of the
1688+17 limits herein stated may be made if the reviewing court
1689+18 certifies that the payment is necessary to provide fair
1690+19 compensation for protracted representation. The Supreme Court
1691+20 shall enter an order directing the county treasurer of the
1692+21 county where the case was tried to pay compensation and
1693+22 reimburse expenditures necessarily incurred in the prosecution
1694+23 of the appeal or review proceedings. The Supreme Court may
1695+24 order the provisional payment of sums during the pendency of
1696+25 the cause.
1697+26 (Source: P.A. 86-318; 87-580.)
1698+
1699+
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1707+ HB3762 Enrolled - 49 - LRB103 29450 RLC 55842 b
1708+1 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
1709+2 Sec. 122-1. Petition in the trial court.
1710+3 (a) Any person imprisoned in the penitentiary may
1711+4 institute a proceeding under this Article if the person
1712+5 asserts that:
1713+6 (1) in the proceedings which resulted in his or her
1714+7 conviction there was a substantial denial of his or her
1715+8 rights under the Constitution of the United States or of
1716+9 the State of Illinois or both;
1717+10 (2) (blank) the death penalty was imposed and there is
1718+11 newly discovered evidence not available to the person at
1719+12 the time of the proceeding that resulted in his or her
1720+13 conviction that establishes a substantial basis to believe
1721+14 that the defendant is actually innocent by clear and
1722+15 convincing evidence; or
1723+16 (3) (blank).
1724+17 (a-5) A proceeding under paragraph (2) of subsection (a)
1725+18 may be commenced within a reasonable period of time after the
1726+19 person's conviction notwithstanding any other provisions of
1727+20 this Article. In such a proceeding regarding actual innocence,
1728+21 if the court determines the petition is frivolous or is
1729+22 patently without merit, it shall dismiss the petition in a
1730+23 written order, specifying the findings of fact and conclusions
1731+24 of law it made in reaching its decision. Such order of
1732+25 dismissal is a final judgment and shall be served upon the
1733+
1734+
1735+
1736+
1737+
1738+ HB3762 Enrolled - 49 - LRB103 29450 RLC 55842 b
1739+
1740+
1741+HB3762 Enrolled- 50 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 50 - LRB103 29450 RLC 55842 b
1742+ HB3762 Enrolled - 50 - LRB103 29450 RLC 55842 b
1743+1 petitioner by certified mail within 10 days of its entry.
1744+2 (b) The proceeding shall be commenced by filing with the
1745+3 clerk of the court in which the conviction took place a
1746+4 petition (together with a copy thereof) verified by affidavit.
1747+5 Petitioner shall also serve another copy upon the State's
1748+6 Attorney by any of the methods provided in Rule 7 of the
1749+7 Supreme Court. The clerk shall docket the petition for
1750+8 consideration by the court pursuant to Section 122-2.1 upon
1751+9 his or her receipt thereof and bring the same promptly to the
1752+10 attention of the court.
1753+11 (c) Except as otherwise provided in subsection (a-5), if
1754+12 the petitioner is under sentence of death and a petition for
1755+13 writ of certiorari is filed, no proceedings under this Article
1756+14 shall be commenced more than 6 months after the conclusion of
1757+15 proceedings in the United States Supreme Court, unless the
1758+16 petitioner alleges facts showing that the delay was not due to
1759+17 his or her culpable negligence. If a petition for certiorari
1760+18 is not filed, no proceedings under this Article shall be
1761+19 commenced more than 6 months from the date for filing a
1762+20 certiorari petition, unless the petitioner alleges facts
1763+21 showing that the delay was not due to his or her culpable
1764+22 negligence.
1765+23 No When a defendant has a sentence other than death, no
1766+24 proceedings under this Article shall be commenced more than 6
1767+25 months after the conclusion of proceedings in the United
1768+26 States Supreme Court, unless the petitioner alleges facts
1769+
1770+
1771+
1772+
1773+
1774+ HB3762 Enrolled - 50 - LRB103 29450 RLC 55842 b
1775+
1776+
1777+HB3762 Enrolled- 51 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 51 - LRB103 29450 RLC 55842 b
1778+ HB3762 Enrolled - 51 - LRB103 29450 RLC 55842 b
1779+1 showing that the delay was not due to his or her culpable
1780+2 negligence. If a petition for certiorari is not filed, no
1781+3 proceedings under this Article shall be commenced more than 6
1782+4 months from the date for filing a certiorari petition, unless
1783+5 the petitioner alleges facts showing that the delay was not
1784+6 due to his or her culpable negligence. If a defendant does not
1785+7 file a direct appeal, the post-conviction petition shall be
1786+8 filed no later than 3 years from the date of conviction, unless
1787+9 the petitioner alleges facts showing that the delay was not
1788+10 due to his or her culpable negligence.
1789+11 This limitation does not apply to a petition advancing a
1790+12 claim of actual innocence.
1791+13 (d) A person seeking relief by filing a petition under
1792+14 this Section must specify in the petition or its heading that
1793+15 it is filed under this Section. A trial court that has received
1794+16 a petition complaining of a conviction or sentence that fails
1795+17 to specify in the petition or its heading that it is filed
1796+18 under this Section need not evaluate the petition to determine
1797+19 whether it could otherwise have stated some grounds for relief
1798+20 under this Article.
1799+21 (e) (Blank). A proceeding under this Article may not be
1800+22 commenced on behalf of a defendant who has been sentenced to
1801+23 death without the written consent of the defendant, unless the
1802+24 defendant, because of a mental or physical condition, is
1803+25 incapable of asserting his or her own claim.
1804+26 (f) Only one petition may be filed by a petitioner under
1805+
1806+
1807+
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1811+
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1813+HB3762 Enrolled- 52 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 52 - LRB103 29450 RLC 55842 b
1814+ HB3762 Enrolled - 52 - LRB103 29450 RLC 55842 b
1815+1 this Article without leave of the court. Leave of court may be
1816+2 granted only if a petitioner demonstrates cause for his or her
1817+3 failure to bring the claim in his or her initial
1818+4 post-conviction proceedings and prejudice results from that
1819+5 failure. For purposes of this subsection (f): (1) a prisoner
1820+6 shows cause by identifying an objective factor that impeded
1821+7 his or her ability to raise a specific claim during his or her
1822+8 initial post-conviction proceedings; and (2) a prisoner shows
1823+9 prejudice by demonstrating that the claim not raised during
1824+10 his or her initial post-conviction proceedings so infected the
1825+11 trial that the resulting conviction or sentence violated due
1826+12 process.
1827+13 (Source: P.A. 101-411, eff. 8-16-19; 102-639, eff. 8-27-21.)
1828+14 (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
1829+15 Sec. 122-2.1. (a) Within 90 days after the filing and
1830+16 docketing of each petition, the court shall examine such
1831+17 petition and enter an order thereon pursuant to this Section.
1832+18 (1) (Blank). If the petitioner is under sentence of
1833+19 death and is without counsel and alleges that he is
1834+20 without means to procure counsel, he shall state whether
1835+21 or not he wishes counsel to be appointed to represent him.
1836+22 If appointment of counsel is so requested, the court shall
1837+23 appoint counsel if satisfied that the petitioner has no
1838+24 means to procure counsel.
1839+25 (2) If the petitioner is sentenced to imprisonment and
1840+
1841+
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1849+ HB3762 Enrolled - 53 - LRB103 29450 RLC 55842 b
1850+1 the court determines the petition is frivolous or is
1851+2 patently without merit, it shall dismiss the petition in a
1852+3 written order, specifying the findings of fact and
1853+4 conclusions of law it made in reaching its decision. Such
1854+5 order of dismissal is a final judgment and shall be served
1855+6 upon the petitioner by certified mail within 10 days of
1856+7 its entry.
1857+8 (b) If the petition is not dismissed pursuant to this
1858+9 Section, the court shall order the petition to be docketed for
1859+10 further consideration in accordance with Sections 122-4
1860+11 through 122-6. If the petitioner is under sentence of death,
1861+12 the court shall order the petition to be docketed for further
1862+13 consideration and hearing within one year of the filing of the
1863+14 petition. Continuances may be granted as the court deems
1864+15 appropriate.
1865+16 (c) In considering a petition pursuant to this Section,
1866+17 the court may examine the court file of the proceeding in which
1867+18 the petitioner was convicted, any action taken by an appellate
1868+19 court in such proceeding and any transcripts of such
1869+20 proceeding.
1870+21 (Source: P.A. 93-605, eff. 11-19-03.)
1871+22 (725 ILCS 5/122-2.2)
1872+23 Sec. 122-2.2. Intellectual disability and post-conviction
1873+24 relief.
1874+25 (a) (Blank). In cases where no determination of an
1875+
1876+
1877+
1878+
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1884+ HB3762 Enrolled - 54 - LRB103 29450 RLC 55842 b
1885+1 intellectual disability was made and a defendant has been
1886+2 convicted of first-degree murder, sentenced to death, and is
1887+3 in custody pending execution of the sentence of death, the
1888+4 following procedures shall apply:
1889+5 (1) Notwithstanding any other provision of law or rule
1890+6 of court, a defendant may seek relief from the death
1891+7 sentence through a petition for post-conviction relief
1892+8 under this Article alleging that the defendant was a
1893+9 person with an intellectual disability as defined in
1894+10 Section 114-15 at the time the offense was alleged to have
1895+11 been committed.
1896+12 (2) The petition must be filed within 180 days of the
1897+13 effective date of this amendatory Act of the 93rd General
1898+14 Assembly or within 180 days of the issuance of the mandate
1899+15 by the Illinois Supreme Court setting the date of
1900+16 execution, whichever is later.
1901+17 (b) All other provisions of this Article governing
1902+18 petitions for post-conviction relief shall apply to a petition
1903+19 for post-conviction relief alleging an intellectual
1904+20 disability.
1905+21 (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
1906+22 (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
1907+23 Sec. 122-4. Pauper Petitions. If the petition is not
1908+24 dismissed pursuant to Section 122-2.1, and alleges that the
1909+25 petitioner is unable to pay the costs of the proceeding, the
1910+
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1914+
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1919+ HB3762 Enrolled - 55 - LRB103 29450 RLC 55842 b
1920+1 court may order that the petitioner be permitted to proceed as
1921+2 a poor person and order a transcript of the proceedings
1922+3 delivered to petitioner in accordance with Rule of the Supreme
1923+4 Court. If the petitioner is without counsel and alleges that
1924+5 he is without means to procure counsel, he shall state whether
1925+6 or not he wishes counsel to be appointed to represent him. If
1926+7 appointment of counsel is so requested, and the petition is
1927+8 not dismissed pursuant to Section 122-2.1, the court shall
1928+9 appoint counsel if satisfied that the petitioner has no means
1929+10 to procure counsel. A petitioner who is a prisoner in an
1930+11 Illinois Department of Corrections facility who files a
1931+12 pleading, motion, or other filing that purports to be a legal
1932+13 document seeking post-conviction relief under this Article
1933+14 against the State, the Illinois Department of Corrections, the
1934+15 Prisoner Review Board, or any of their officers or employees
1935+16 in which the court makes a specific finding that the pleading,
1936+17 motion, or other filing that purports to be a legal document is
1937+18 frivolous shall not proceed as a poor person and shall be
1938+19 liable for the full payment of filing fees and actual court
1939+20 costs as provided in Article XXII of the Code of Civil
1940+21 Procedure.
1941+22 A Circuit Court or the Illinois Supreme Court may appoint
1942+23 the State Appellate Defender to provide post-conviction
1943+24 representation in a case in which the defendant is sentenced
1944+25 to death. Any attorney assigned by the Office of the State
1945+26 Appellate Defender to provide post-conviction representation
1946+
1947+
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1951+ HB3762 Enrolled - 55 - LRB103 29450 RLC 55842 b
1952+
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1955+ HB3762 Enrolled - 56 - LRB103 29450 RLC 55842 b
1956+1 for indigent defendants in cases in which a sentence of death
1957+2 was imposed in the trial court may, from time to time submit
1958+3 bills and time sheets to the Office of the State Appellate
1959+4 Defender for payment of services rendered and the Office of
1960+5 the State Appellate Defender shall pay bills from funds
1961+6 appropriated for this purpose in accordance with rules
1962+7 promulgated by the State Appellate Defender.
1963+8 The court, at the conclusion of the proceedings upon
1964+9 receipt of a petition by the appointed counsel, shall
1965+10 determine a reasonable amount to be allowed an indigent
1966+11 defendant's counsel other than the Public Defender or the
1967+12 State Appellate Defender for compensation and reimbursement of
1968+13 expenditures necessarily incurred in the proceedings. The
1969+14 compensation shall not exceed $500 in each case, except that,
1970+15 in extraordinary circumstances, payment in excess of the
1971+16 limits herein stated may be made if the trial court certifies
1972+17 that the payment is necessary to provide fair compensation for
1973+18 protracted representation, and the amount is approved by the
1974+19 chief judge of the circuit. The court shall enter an order
1975+20 directing the county treasurer of the county where the case
1976+21 was tried to pay the amount thereby allowed by the court. The
1977+22 court may order the provisional payment of sums during the
1978+23 pendency of the cause.
1979+24 (Source: P.A. 90-505, eff. 8-19-97.)
1980+25 (725 ILCS 5/114-15 rep.)
1981+
1982+
1983+
1984+
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1986+ HB3762 Enrolled - 56 - LRB103 29450 RLC 55842 b
1987+
1988+
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1990+ HB3762 Enrolled - 57 - LRB103 29450 RLC 55842 b
1991+1 (725 ILCS 5/119-5 rep.)
1992+2 Section 35. The Code of Criminal Procedure of 1963 is
1993+3 amended by repealing Sections 114-15 and 119-5.
1994+4 Section 40. The State Appellate Defender Act is amended by
1995+5 changing Section 10.5 as follows:
1996+6 (725 ILCS 105/10.5)
1997+7 Sec. 10.5. Competitive bidding for appellate services.
1998+8 (a) The State Appellate Defender may, to the extent
1999+9 necessary to dispose of its backlog of indigent criminal
2000+10 appeals, institute a competitive bidding program under which
2001+11 contracts for the services of attorneys in non-death penalty
2002+12 criminal appeals are awarded to the lowest responsible bidder.
2003+13 (b) The State Appellate Defender, before letting out bids
2004+14 for contracts for the services of attorneys to represent
2005+15 indigent defendants on appeal in criminal cases, shall
2006+16 advertise the letting of the bids in a publication or
2007+17 publications of the Illinois State Bar Association, the
2008+18 Chicago Daily Law Bulletin, and the Chicago Lawyer. The State
2009+19 Appellate Defender shall also advertise the letting of the
2010+20 bids in newspapers of general circulation in major
2011+21 municipalities to be determined by the State Appellate
2012+22 Defender. The State Appellate Defender shall mail notices of
2013+23 the letting of the bids to county and local bar associations.
2014+24 (c) Bids may be let in packages of one to 5, appeals.
2015+
2016+
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2020+ HB3762 Enrolled - 57 - LRB103 29450 RLC 55842 b
2021+
2022+
2023+HB3762 Enrolled- 58 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 58 - LRB103 29450 RLC 55842 b
2024+ HB3762 Enrolled - 58 - LRB103 29450 RLC 55842 b
2025+1 Additional cases may be assigned, in the discretion of the
2026+2 State Appellate Defender, after a successful bidder completes
2027+3 work on existing packages.
2028+4 (d) A bid for services of an attorney under this Section
2029+5 shall be let only to an attorney licensed to practice law in
2030+6 Illinois who has prior criminal appellate experience or to an
2031+7 attorney who is a member or employee of a law firm which has at
2032+8 least one member with that experience. Prospective bidders
2033+9 must furnish legal writing samples that are deemed acceptable
2034+10 to the State Appellate Defender.
2035+11 (e) An attorney who is awarded a contract under this
2036+12 Section shall communicate with each of his or her clients and
2037+13 shall file each initial brief before the due date established
2038+14 by Supreme Court Rule or by the Appellate Court. The State
2039+15 Appellate Defender may rescind the contract for attorney
2040+16 services and may require the return of the record on appeal if
2041+17 the contracted attorney fails to make satisfactory progress,
2042+18 in the opinion of the State Appellate Defender, toward filing
2043+19 a brief.
2044+20 (f) Gross compensation for completing of a case shall be
2045+21 $40 per hour but shall not exceed $2,000 per case. The contract
2046+22 shall specify the manner of payment.
2047+23 (g) (Blank).
2048+24 (h) (Blank).
2049+25 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
2050+
2051+
2052+
2053+
2054+
2055+ HB3762 Enrolled - 58 - LRB103 29450 RLC 55842 b
2056+
2057+
2058+HB3762 Enrolled- 59 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 59 - LRB103 29450 RLC 55842 b
2059+ HB3762 Enrolled - 59 - LRB103 29450 RLC 55842 b
2060+1 Section 45. The Uniform Rendition of Prisoners as
2061+2 Witnesses in Criminal Proceedings Act is amended by changing
2062+3 Section 5 as follows:
2063+4 (725 ILCS 235/5) (from Ch. 38, par. 157-5)
2064+5 Sec. 5. Exceptions.
2065+6 This act does not apply to any person in this State
2066+7 confined as mentally ill or , in need of mental treatment, or
2067+8 under sentence of death.
2068+9 (Source: Laws 1963, p. 2171.)
2069+10 Section 50. The Unified Code of Corrections is amended by
2070+11 changing Sections 3-3-13, 3-6-3, 3-8-10, 5-1-9, 5-4-1, 5-4-3,
2071+12 5-4.5-20, 5-5-3, and 5-8-1 as follows:
2072+13 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
2073+14 Sec. 3-3-13. Procedure for executive clemency.
2074+15 (a) Petitions seeking pardon, commutation, or reprieve
2075+16 shall be addressed to the Governor and filed with the Prisoner
2076+17 Review Board. The petition shall be in writing and signed by
2077+18 the person under conviction or by a person on his behalf. It
2078+19 shall contain a brief history of the case, the reasons for
2079+20 seeking executive clemency, and other relevant information the
2080+21 Board may require.
2081+22 (a-5) After a petition has been denied by the Governor,
2082+23 the Board may not accept a repeat petition for executive
2083+
2084+
2085+
2086+
2087+
2088+ HB3762 Enrolled - 59 - LRB103 29450 RLC 55842 b
2089+
2090+
2091+HB3762 Enrolled- 60 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 60 - LRB103 29450 RLC 55842 b
2092+ HB3762 Enrolled - 60 - LRB103 29450 RLC 55842 b
2093+1 clemency for the same person until one full year has elapsed
2094+2 from the date of the denial. The Chairman of the Board may
2095+3 waive the one-year requirement if the petitioner offers in
2096+4 writing new information that was unavailable to the petitioner
2097+5 at the time of the filing of the prior petition and which the
2098+6 Chairman determines to be significant. The Chairman also may
2099+7 waive the one-year waiting period if the petitioner can show
2100+8 that a change in circumstances of a compelling humanitarian
2101+9 nature has arisen since the denial of the prior petition.
2102+10 (b) Notice of the proposed application shall be given by
2103+11 the Board to the committing court and the state's attorney of
2104+12 the county where the conviction was had.
2105+13 (b-5) Victims registered with the Board shall receive
2106+14 reasonable written notice not less than 30 days prior to the
2107+15 executive clemency hearing date. The victim has the right to
2108+16 submit a victim statement to the Prisoner Review Board for
2109+17 consideration at an executive clemency hearing as provided in
2110+18 subsection (c) of this Section. Victim statements provided to
2111+19 the Board shall be confidential and privileged, including any
2112+20 statements received prior to the effective date of this
2113+21 amendatory Act of the 101st General Assembly, except if the
2114+22 statement was an oral statement made by the victim at a hearing
2115+23 open to the public.
2116+24 (c) The Board shall, upon due notice, give a hearing to
2117+25 each application, allowing representation by counsel, if
2118+26 desired, after which it shall confidentially advise the
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2124+ HB3762 Enrolled - 60 - LRB103 29450 RLC 55842 b
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2128+ HB3762 Enrolled - 61 - LRB103 29450 RLC 55842 b
2129+1 Governor by a written report of its recommendations which
2130+2 shall be determined by majority vote. The written report to
2131+3 the Governor shall be confidential and privileged, including
2132+4 any reports made prior to the effective date of this
2133+5 amendatory Act of the 101st General Assembly. The Board shall
2134+6 meet to consider such petitions no less than 4 times each year.
2135+7 Application for executive clemency under this Section may
2136+8 not be commenced on behalf of a person who has been sentenced
2137+9 to death without the written consent of the defendant, unless
2138+10 the defendant, because of a mental or physical condition, is
2139+11 incapable of asserting his or her own claim.
2140+12 (d) The Governor shall decide each application and
2141+13 communicate his decision to the Board which shall notify the
2142+14 petitioner.
2143+15 In the event a petitioner who has been convicted of a Class
2144+16 X felony is granted a release, after the Governor has
2145+17 communicated such decision to the Board, the Board shall give
2146+18 written notice to the Sheriff of the county from which the
2147+19 offender was sentenced if such sheriff has requested that such
2148+20 notice be given on a continuing basis. In cases where arrest of
2149+21 the offender or the commission of the offense took place in any
2150+22 municipality with a population of more than 10,000 persons,
2151+23 the Board shall also give written notice to the proper law
2152+24 enforcement agency for said municipality which has requested
2153+25 notice on a continuing basis.
2154+26 (e) Nothing in this Section shall be construed to limit
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2164+ HB3762 Enrolled - 62 - LRB103 29450 RLC 55842 b
2165+1 the power of the Governor under the constitution to grant a
2166+2 reprieve, commutation of sentence, or pardon.
2167+3 (Source: P.A. 101-288, eff. 1-1-20.)
2168+4 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
2169+5 Sec. 3-6-3. Rules and regulations for sentence credit.
2170+6 (a)(1) The Department of Corrections shall prescribe rules
2171+7 and regulations for awarding and revoking sentence credit for
2172+8 persons committed to the Department of Corrections and the
2173+9 Department of Juvenile Justice shall prescribe rules and
2174+10 regulations for awarding and revoking sentence credit for
2175+11 persons committed to the Department of Juvenile Justice under
2176+12 Section 5-8-6 of the Unified Code of Corrections, which shall
2177+13 be subject to review by the Prisoner Review Board.
2178+14 (1.5) As otherwise provided by law, sentence credit may be
2179+15 awarded for the following:
2180+16 (A) successful completion of programming while in
2181+17 custody of the Department of Corrections or the Department
2182+18 of Juvenile Justice or while in custody prior to
2183+19 sentencing;
2184+20 (B) compliance with the rules and regulations of the
2185+21 Department; or
2186+22 (C) service to the institution, service to a
2187+23 community, or service to the State.
2188+24 (2) Except as provided in paragraph (4.7) of this
2189+25 subsection (a), the rules and regulations on sentence credit
2190+
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2199+ HB3762 Enrolled - 63 - LRB103 29450 RLC 55842 b
2200+1 shall provide, with respect to offenses listed in clause (i),
2201+2 (ii), or (iii) of this paragraph (2) committed on or after June
2202+3 19, 1998 or with respect to the offense listed in clause (iv)
2203+4 of this paragraph (2) committed on or after June 23, 2005 (the
2204+5 effective date of Public Act 94-71) or with respect to offense
2205+6 listed in clause (vi) committed on or after June 1, 2008 (the
2206+7 effective date of Public Act 95-625) or with respect to the
2207+8 offense of being an armed habitual criminal committed on or
2208+9 after August 2, 2005 (the effective date of Public Act 94-398)
2209+10 or with respect to the offenses listed in clause (v) of this
2210+11 paragraph (2) committed on or after August 13, 2007 (the
2211+12 effective date of Public Act 95-134) or with respect to the
2212+13 offense of aggravated domestic battery committed on or after
2213+14 July 23, 2010 (the effective date of Public Act 96-1224) or
2214+15 with respect to the offense of attempt to commit terrorism
2215+16 committed on or after January 1, 2013 (the effective date of
2216+17 Public Act 97-990), the following:
2217+18 (i) that a prisoner who is serving a term of
2218+19 imprisonment for first degree murder or for the offense of
2219+20 terrorism shall receive no sentence credit and shall serve
2220+21 the entire sentence imposed by the court;
2221+22 (ii) that a prisoner serving a sentence for attempt to
2222+23 commit terrorism, attempt to commit first degree murder,
2223+24 solicitation of murder, solicitation of murder for hire,
2224+25 intentional homicide of an unborn child, predatory
2225+26 criminal sexual assault of a child, aggravated criminal
2226+
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2236+1 sexual assault, criminal sexual assault, aggravated
2237+2 kidnapping, aggravated battery with a firearm as described
2238+3 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
2239+4 or (e)(4) of Section 12-3.05, heinous battery as described
2240+5 in Section 12-4.1 or subdivision (a)(2) of Section
2241+6 12-3.05, being an armed habitual criminal, aggravated
2242+7 battery of a senior citizen as described in Section 12-4.6
2243+8 or subdivision (a)(4) of Section 12-3.05, or aggravated
2244+9 battery of a child as described in Section 12-4.3 or
2245+10 subdivision (b)(1) of Section 12-3.05 shall receive no
2246+11 more than 4.5 days of sentence credit for each month of his
2247+12 or her sentence of imprisonment;
2248+13 (iii) that a prisoner serving a sentence for home
2249+14 invasion, armed robbery, aggravated vehicular hijacking,
2250+15 aggravated discharge of a firearm, or armed violence with
2251+16 a category I weapon or category II weapon, when the court
2252+17 has made and entered a finding, pursuant to subsection
2253+18 (c-1) of Section 5-4-1 of this Code, that the conduct
2254+19 leading to conviction for the enumerated offense resulted
2255+20 in great bodily harm to a victim, shall receive no more
2256+21 than 4.5 days of sentence credit for each month of his or
2257+22 her sentence of imprisonment;
2258+23 (iv) that a prisoner serving a sentence for aggravated
2259+24 discharge of a firearm, whether or not the conduct leading
2260+25 to conviction for the offense resulted in great bodily
2261+26 harm to the victim, shall receive no more than 4.5 days of
2262+
2263+
2264+
2265+
2266+
2267+ HB3762 Enrolled - 64 - LRB103 29450 RLC 55842 b
2268+
2269+
2270+HB3762 Enrolled- 65 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 65 - LRB103 29450 RLC 55842 b
2271+ HB3762 Enrolled - 65 - LRB103 29450 RLC 55842 b
2272+1 sentence credit for each month of his or her sentence of
2273+2 imprisonment;
2274+3 (v) that a person serving a sentence for gunrunning,
2275+4 narcotics racketeering, controlled substance trafficking,
2276+5 methamphetamine trafficking, drug-induced homicide,
2277+6 aggravated methamphetamine-related child endangerment,
2278+7 money laundering pursuant to clause (c) (4) or (5) of
2279+8 Section 29B-1 of the Criminal Code of 1961 or the Criminal
2280+9 Code of 2012, or a Class X felony conviction for delivery
2281+10 of a controlled substance, possession of a controlled
2282+11 substance with intent to manufacture or deliver,
2283+12 calculated criminal drug conspiracy, criminal drug
2284+13 conspiracy, street gang criminal drug conspiracy,
2285+14 participation in methamphetamine manufacturing,
2286+15 aggravated participation in methamphetamine
2287+16 manufacturing, delivery of methamphetamine, possession
2288+17 with intent to deliver methamphetamine, aggravated
2289+18 delivery of methamphetamine, aggravated possession with
2290+19 intent to deliver methamphetamine, methamphetamine
2291+20 conspiracy when the substance containing the controlled
2292+21 substance or methamphetamine is 100 grams or more shall
2293+22 receive no more than 7.5 days sentence credit for each
2294+23 month of his or her sentence of imprisonment;
2295+24 (vi) that a prisoner serving a sentence for a second
2296+25 or subsequent offense of luring a minor shall receive no
2297+26 more than 4.5 days of sentence credit for each month of his
2298+
2299+
2300+
2301+
2302+
2303+ HB3762 Enrolled - 65 - LRB103 29450 RLC 55842 b
2304+
2305+
2306+HB3762 Enrolled- 66 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 66 - LRB103 29450 RLC 55842 b
2307+ HB3762 Enrolled - 66 - LRB103 29450 RLC 55842 b
2308+1 or her sentence of imprisonment; and
2309+2 (vii) that a prisoner serving a sentence for
2310+3 aggravated domestic battery shall receive no more than 4.5
2311+4 days of sentence credit for each month of his or her
2312+5 sentence of imprisonment.
2313+6 (2.1) For all offenses, other than those enumerated in
2314+7 subdivision (a)(2)(i), (ii), or (iii) committed on or after
2315+8 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
2316+9 June 23, 2005 (the effective date of Public Act 94-71) or
2317+10 subdivision (a)(2)(v) committed on or after August 13, 2007
2318+11 (the effective date of Public Act 95-134) or subdivision
2319+12 (a)(2)(vi) committed on or after June 1, 2008 (the effective
2320+13 date of Public Act 95-625) or subdivision (a)(2)(vii)
2321+14 committed on or after July 23, 2010 (the effective date of
2322+15 Public Act 96-1224), and other than the offense of aggravated
2323+16 driving under the influence of alcohol, other drug or drugs,
2324+17 or intoxicating compound or compounds, or any combination
2325+18 thereof as defined in subparagraph (F) of paragraph (1) of
2326+19 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
2327+20 and other than the offense of aggravated driving under the
2328+21 influence of alcohol, other drug or drugs, or intoxicating
2329+22 compound or compounds, or any combination thereof as defined
2330+23 in subparagraph (C) of paragraph (1) of subsection (d) of
2331+24 Section 11-501 of the Illinois Vehicle Code committed on or
2332+25 after January 1, 2011 (the effective date of Public Act
2333+26 96-1230), the rules and regulations shall provide that a
2334+
2335+
2336+
2337+
2338+
2339+ HB3762 Enrolled - 66 - LRB103 29450 RLC 55842 b
2340+
2341+
2342+HB3762 Enrolled- 67 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 67 - LRB103 29450 RLC 55842 b
2343+ HB3762 Enrolled - 67 - LRB103 29450 RLC 55842 b
2344+1 prisoner who is serving a term of imprisonment shall receive
2345+2 one day of sentence credit for each day of his or her sentence
2346+3 of imprisonment or recommitment under Section 3-3-9. Each day
2347+4 of sentence credit shall reduce by one day the prisoner's
2348+5 period of imprisonment or recommitment under Section 3-3-9.
2349+6 (2.2) A prisoner serving a term of natural life
2350+7 imprisonment or a prisoner who has been sentenced to death
2351+8 shall receive no sentence credit.
2352+9 (2.3) Except as provided in paragraph (4.7) of this
2353+10 subsection (a), the rules and regulations on sentence credit
2354+11 shall provide that a prisoner who is serving a sentence for
2355+12 aggravated driving under the influence of alcohol, other drug
2356+13 or drugs, or intoxicating compound or compounds, or any
2357+14 combination thereof as defined in subparagraph (F) of
2358+15 paragraph (1) of subsection (d) of Section 11-501 of the
2359+16 Illinois Vehicle Code, shall receive no more than 4.5 days of
2360+17 sentence credit for each month of his or her sentence of
2361+18 imprisonment.
2362+19 (2.4) Except as provided in paragraph (4.7) of this
2363+20 subsection (a), the rules and regulations on sentence credit
2364+21 shall provide with respect to the offenses of aggravated
2365+22 battery with a machine gun or a firearm equipped with any
2366+23 device or attachment designed or used for silencing the report
2367+24 of a firearm or aggravated discharge of a machine gun or a
2368+25 firearm equipped with any device or attachment designed or
2369+26 used for silencing the report of a firearm, committed on or
2370+
2371+
2372+
2373+
2374+
2375+ HB3762 Enrolled - 67 - LRB103 29450 RLC 55842 b
2376+
2377+
2378+HB3762 Enrolled- 68 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 68 - LRB103 29450 RLC 55842 b
2379+ HB3762 Enrolled - 68 - LRB103 29450 RLC 55842 b
2380+1 after July 15, 1999 (the effective date of Public Act 91-121),
2381+2 that a prisoner serving a sentence for any of these offenses
2382+3 shall receive no more than 4.5 days of sentence credit for each
2383+4 month of his or her sentence of imprisonment.
2384+5 (2.5) Except as provided in paragraph (4.7) of this
2385+6 subsection (a), the rules and regulations on sentence credit
2386+7 shall provide that a prisoner who is serving a sentence for
2387+8 aggravated arson committed on or after July 27, 2001 (the
2388+9 effective date of Public Act 92-176) shall receive no more
2389+10 than 4.5 days of sentence credit for each month of his or her
2390+11 sentence of imprisonment.
2391+12 (2.6) Except as provided in paragraph (4.7) of this
2392+13 subsection (a), the rules and regulations on sentence credit
2393+14 shall provide that a prisoner who is serving a sentence for
2394+15 aggravated driving under the influence of alcohol, other drug
2395+16 or drugs, or intoxicating compound or compounds or any
2396+17 combination thereof as defined in subparagraph (C) of
2397+18 paragraph (1) of subsection (d) of Section 11-501 of the
2398+19 Illinois Vehicle Code committed on or after January 1, 2011
2399+20 (the effective date of Public Act 96-1230) shall receive no
2400+21 more than 4.5 days of sentence credit for each month of his or
2401+22 her sentence of imprisonment.
2402+23 (3) In addition to the sentence credits earned under
2403+24 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
2404+25 subsection (a), the rules and regulations shall also provide
2405+26 that the Director of Corrections or the Director of Juvenile
2406+
2407+
2408+
2409+
2410+
2411+ HB3762 Enrolled - 68 - LRB103 29450 RLC 55842 b
2412+
2413+
2414+HB3762 Enrolled- 69 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 69 - LRB103 29450 RLC 55842 b
2415+ HB3762 Enrolled - 69 - LRB103 29450 RLC 55842 b
2416+1 Justice may award up to 180 days of earned sentence credit for
2417+2 prisoners serving a sentence of incarceration of less than 5
2418+3 years, and up to 365 days of earned sentence credit for
2419+4 prisoners serving a sentence of 5 years or longer. The
2420+5 Director may grant this credit for good conduct in specific
2421+6 instances as either Director deems proper for eligible persons
2422+7 in the custody of each Director's respective Department. The
2423+8 good conduct may include, but is not limited to, compliance
2424+9 with the rules and regulations of the Department, service to
2425+10 the Department, service to a community, or service to the
2426+11 State.
2427+12 Eligible inmates for an award of earned sentence credit
2428+13 under this paragraph (3) may be selected to receive the credit
2429+14 at either Director's or his or her designee's sole discretion.
2430+15 Eligibility for the additional earned sentence credit under
2431+16 this paragraph (3) may be based on, but is not limited to,
2432+17 participation in programming offered by the Department as
2433+18 appropriate for the prisoner based on the results of any
2434+19 available risk/needs assessment or other relevant assessments
2435+20 or evaluations administered by the Department using a
2436+21 validated instrument, the circumstances of the crime,
2437+22 demonstrated commitment to rehabilitation by a prisoner with a
2438+23 history of conviction for a forcible felony enumerated in
2439+24 Section 2-8 of the Criminal Code of 2012, the inmate's
2440+25 behavior and improvements in disciplinary history while
2441+26 incarcerated, and the inmate's commitment to rehabilitation,
2442+
2443+
2444+
2445+
2446+
2447+ HB3762 Enrolled - 69 - LRB103 29450 RLC 55842 b
2448+
2449+
2450+HB3762 Enrolled- 70 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 70 - LRB103 29450 RLC 55842 b
2451+ HB3762 Enrolled - 70 - LRB103 29450 RLC 55842 b
2452+1 including participation in programming offered by the
2453+2 Department.
2454+3 The Director of Corrections or the Director of Juvenile
2455+4 Justice shall not award sentence credit under this paragraph
2456+5 (3) to an inmate unless the inmate has served a minimum of 60
2457+6 days of the sentence; except nothing in this paragraph shall
2458+7 be construed to permit either Director to extend an inmate's
2459+8 sentence beyond that which was imposed by the court. Prior to
2460+9 awarding credit under this paragraph (3), each Director shall
2461+10 make a written determination that the inmate:
2462+11 (A) is eligible for the earned sentence credit;
2463+12 (B) has served a minimum of 60 days, or as close to 60
2464+13 days as the sentence will allow;
2465+14 (B-1) has received a risk/needs assessment or other
2466+15 relevant evaluation or assessment administered by the
2467+16 Department using a validated instrument; and
2468+17 (C) has met the eligibility criteria established by
2469+18 rule for earned sentence credit.
2470+19 The Director of Corrections or the Director of Juvenile
2471+20 Justice shall determine the form and content of the written
2472+21 determination required in this subsection.
2473+22 (3.5) The Department shall provide annual written reports
2474+23 to the Governor and the General Assembly on the award of earned
2475+24 sentence credit no later than February 1 of each year. The
2476+25 Department must publish both reports on its website within 48
2477+26 hours of transmitting the reports to the Governor and the
2478+
2479+
2480+
2481+
2482+
2483+ HB3762 Enrolled - 70 - LRB103 29450 RLC 55842 b
2484+
2485+
2486+HB3762 Enrolled- 71 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 71 - LRB103 29450 RLC 55842 b
2487+ HB3762 Enrolled - 71 - LRB103 29450 RLC 55842 b
2488+1 General Assembly. The reports must include:
2489+2 (A) the number of inmates awarded earned sentence
2490+3 credit;
2491+4 (B) the average amount of earned sentence credit
2492+5 awarded;
2493+6 (C) the holding offenses of inmates awarded earned
2494+7 sentence credit; and
2495+8 (D) the number of earned sentence credit revocations.
2496+9 (4)(A) Except as provided in paragraph (4.7) of this
2497+10 subsection (a), the rules and regulations shall also provide
2498+11 that any prisoner who is engaged full-time in substance abuse
2499+12 programs, correctional industry assignments, educational
2500+13 programs, work-release programs or activities in accordance
2501+14 with Article 13 of Chapter III of this Code, behavior
2502+15 modification programs, life skills courses, or re-entry
2503+16 planning provided by the Department under this paragraph (4)
2504+17 and satisfactorily completes the assigned program as
2505+18 determined by the standards of the Department, shall receive
2506+19 one day of sentence credit for each day in which that prisoner
2507+20 is engaged in the activities described in this paragraph. The
2508+21 rules and regulations shall also provide that sentence credit
2509+22 may be provided to an inmate who was held in pre-trial
2510+23 detention prior to his or her current commitment to the
2511+24 Department of Corrections and successfully completed a
2512+25 full-time, 60-day or longer substance abuse program,
2513+26 educational program, behavior modification program, life
2514+
2515+
2516+
2517+
2518+
2519+ HB3762 Enrolled - 71 - LRB103 29450 RLC 55842 b
2520+
2521+
2522+HB3762 Enrolled- 72 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 72 - LRB103 29450 RLC 55842 b
2523+ HB3762 Enrolled - 72 - LRB103 29450 RLC 55842 b
2524+1 skills course, or re-entry planning provided by the county
2525+2 department of corrections or county jail. Calculation of this
2526+3 county program credit shall be done at sentencing as provided
2527+4 in Section 5-4.5-100 of this Code and shall be included in the
2528+5 sentencing order. The rules and regulations shall also provide
2529+6 that sentence credit may be provided to an inmate who is in
2530+7 compliance with programming requirements in an adult
2531+8 transition center.
2532+9 (B) The Department shall award sentence credit under this
2533+10 paragraph (4) accumulated prior to January 1, 2020 (the
2534+11 effective date of Public Act 101-440) in an amount specified
2535+12 in subparagraph (C) of this paragraph (4) to an inmate serving
2536+13 a sentence for an offense committed prior to June 19, 1998, if
2537+14 the Department determines that the inmate is entitled to this
2538+15 sentence credit, based upon:
2539+16 (i) documentation provided by the Department that the
2540+17 inmate engaged in any full-time substance abuse programs,
2541+18 correctional industry assignments, educational programs,
2542+19 behavior modification programs, life skills courses, or
2543+20 re-entry planning provided by the Department under this
2544+21 paragraph (4) and satisfactorily completed the assigned
2545+22 program as determined by the standards of the Department
2546+23 during the inmate's current term of incarceration; or
2547+24 (ii) the inmate's own testimony in the form of an
2548+25 affidavit or documentation, or a third party's
2549+26 documentation or testimony in the form of an affidavit
2550+
2551+
2552+
2553+
2554+
2555+ HB3762 Enrolled - 72 - LRB103 29450 RLC 55842 b
2556+
2557+
2558+HB3762 Enrolled- 73 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 73 - LRB103 29450 RLC 55842 b
2559+ HB3762 Enrolled - 73 - LRB103 29450 RLC 55842 b
2560+1 that the inmate likely engaged in any full-time substance
2561+2 abuse programs, correctional industry assignments,
2562+3 educational programs, behavior modification programs, life
2563+4 skills courses, or re-entry planning provided by the
2564+5 Department under paragraph (4) and satisfactorily
2565+6 completed the assigned program as determined by the
2566+7 standards of the Department during the inmate's current
2567+8 term of incarceration.
2568+9 (C) If the inmate can provide documentation that he or she
2569+10 is entitled to sentence credit under subparagraph (B) in
2570+11 excess of 45 days of participation in those programs, the
2571+12 inmate shall receive 90 days of sentence credit. If the inmate
2572+13 cannot provide documentation of more than 45 days of
2573+14 participation in those programs, the inmate shall receive 45
2574+15 days of sentence credit. In the event of a disagreement
2575+16 between the Department and the inmate as to the amount of
2576+17 credit accumulated under subparagraph (B), if the Department
2577+18 provides documented proof of a lesser amount of days of
2578+19 participation in those programs, that proof shall control. If
2579+20 the Department provides no documentary proof, the inmate's
2580+21 proof as set forth in clause (ii) of subparagraph (B) shall
2581+22 control as to the amount of sentence credit provided.
2582+23 (D) If the inmate has been convicted of a sex offense as
2583+24 defined in Section 2 of the Sex Offender Registration Act,
2584+25 sentencing credits under subparagraph (B) of this paragraph
2585+26 (4) shall be awarded by the Department only if the conditions
2586+
2587+
2588+
2589+
2590+
2591+ HB3762 Enrolled - 73 - LRB103 29450 RLC 55842 b
2592+
2593+
2594+HB3762 Enrolled- 74 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 74 - LRB103 29450 RLC 55842 b
2595+ HB3762 Enrolled - 74 - LRB103 29450 RLC 55842 b
2596+1 set forth in paragraph (4.6) of subsection (a) are satisfied.
2597+2 No inmate serving a term of natural life imprisonment shall
2598+3 receive sentence credit under subparagraph (B) of this
2599+4 paragraph (4).
2600+5 Educational, vocational, substance abuse, behavior
2601+6 modification programs, life skills courses, re-entry planning,
2602+7 and correctional industry programs under which sentence credit
2603+8 may be earned under this paragraph (4) and paragraph (4.1) of
2604+9 this subsection (a) shall be evaluated by the Department on
2605+10 the basis of documented standards. The Department shall report
2606+11 the results of these evaluations to the Governor and the
2607+12 General Assembly by September 30th of each year. The reports
2608+13 shall include data relating to the recidivism rate among
2609+14 program participants.
2610+15 Availability of these programs shall be subject to the
2611+16 limits of fiscal resources appropriated by the General
2612+17 Assembly for these purposes. Eligible inmates who are denied
2613+18 immediate admission shall be placed on a waiting list under
2614+19 criteria established by the Department. The rules and
2615+20 regulations shall provide that a prisoner who has been placed
2616+21 on a waiting list but is transferred for non-disciplinary
2617+22 reasons before beginning a program shall receive priority
2618+23 placement on the waitlist for appropriate programs at the new
2619+24 facility. The inability of any inmate to become engaged in any
2620+25 such programs by reason of insufficient program resources or
2621+26 for any other reason established under the rules and
2622+
2623+
2624+
2625+
2626+
2627+ HB3762 Enrolled - 74 - LRB103 29450 RLC 55842 b
2628+
2629+
2630+HB3762 Enrolled- 75 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 75 - LRB103 29450 RLC 55842 b
2631+ HB3762 Enrolled - 75 - LRB103 29450 RLC 55842 b
2632+1 regulations of the Department shall not be deemed a cause of
2633+2 action under which the Department or any employee or agent of
2634+3 the Department shall be liable for damages to the inmate. The
2635+4 rules and regulations shall provide that a prisoner who begins
2636+5 an educational, vocational, substance abuse, work-release
2637+6 programs or activities in accordance with Article 13 of
2638+7 Chapter III of this Code, behavior modification program, life
2639+8 skills course, re-entry planning, or correctional industry
2640+9 programs but is unable to complete the program due to illness,
2641+10 disability, transfer, lockdown, or another reason outside of
2642+11 the prisoner's control shall receive prorated sentence credits
2643+12 for the days in which the prisoner did participate.
2644+13 (4.1) Except as provided in paragraph (4.7) of this
2645+14 subsection (a), the rules and regulations shall also provide
2646+15 that an additional 90 days of sentence credit shall be awarded
2647+16 to any prisoner who passes high school equivalency testing
2648+17 while the prisoner is committed to the Department of
2649+18 Corrections. The sentence credit awarded under this paragraph
2650+19 (4.1) shall be in addition to, and shall not affect, the award
2651+20 of sentence credit under any other paragraph of this Section,
2652+21 but shall also be pursuant to the guidelines and restrictions
2653+22 set forth in paragraph (4) of subsection (a) of this Section.
2654+23 The sentence credit provided for in this paragraph shall be
2655+24 available only to those prisoners who have not previously
2656+25 earned a high school diploma or a State of Illinois High School
2657+26 Diploma. If, after an award of the high school equivalency
2658+
2659+
2660+
2661+
2662+
2663+ HB3762 Enrolled - 75 - LRB103 29450 RLC 55842 b
2664+
2665+
2666+HB3762 Enrolled- 76 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 76 - LRB103 29450 RLC 55842 b
2667+ HB3762 Enrolled - 76 - LRB103 29450 RLC 55842 b
2668+1 testing sentence credit has been made, the Department
2669+2 determines that the prisoner was not eligible, then the award
2670+3 shall be revoked. The Department may also award 90 days of
2671+4 sentence credit to any committed person who passed high school
2672+5 equivalency testing while he or she was held in pre-trial
2673+6 detention prior to the current commitment to the Department of
2674+7 Corrections. Except as provided in paragraph (4.7) of this
2675+8 subsection (a), the rules and regulations shall provide that
2676+9 an additional 120 days of sentence credit shall be awarded to
2677+10 any prisoner who obtains an associate degree while the
2678+11 prisoner is committed to the Department of Corrections,
2679+12 regardless of the date that the associate degree was obtained,
2680+13 including if prior to July 1, 2021 (the effective date of
2681+14 Public Act 101-652). The sentence credit awarded under this
2682+15 paragraph (4.1) shall be in addition to, and shall not affect,
2683+16 the award of sentence credit under any other paragraph of this
2684+17 Section, but shall also be under the guidelines and
2685+18 restrictions set forth in paragraph (4) of subsection (a) of
2686+19 this Section. The sentence credit provided for in this
2687+20 paragraph (4.1) shall be available only to those prisoners who
2688+21 have not previously earned an associate degree prior to the
2689+22 current commitment to the Department of Corrections. If, after
2690+23 an award of the associate degree sentence credit has been made
2691+24 and the Department determines that the prisoner was not
2692+25 eligible, then the award shall be revoked. The Department may
2693+26 also award 120 days of sentence credit to any committed person
2694+
2695+
2696+
2697+
2698+
2699+ HB3762 Enrolled - 76 - LRB103 29450 RLC 55842 b
2700+
2701+
2702+HB3762 Enrolled- 77 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 77 - LRB103 29450 RLC 55842 b
2703+ HB3762 Enrolled - 77 - LRB103 29450 RLC 55842 b
2704+1 who earned an associate degree while he or she was held in
2705+2 pre-trial detention prior to the current commitment to the
2706+3 Department of Corrections.
2707+4 Except as provided in paragraph (4.7) of this subsection
2708+5 (a), the rules and regulations shall provide that an
2709+6 additional 180 days of sentence credit shall be awarded to any
2710+7 prisoner who obtains a bachelor's degree while the prisoner is
2711+8 committed to the Department of Corrections. The sentence
2712+9 credit awarded under this paragraph (4.1) shall be in addition
2713+10 to, and shall not affect, the award of sentence credit under
2714+11 any other paragraph of this Section, but shall also be under
2715+12 the guidelines and restrictions set forth in paragraph (4) of
2716+13 this subsection (a). The sentence credit provided for in this
2717+14 paragraph shall be available only to those prisoners who have
2718+15 not earned a bachelor's degree prior to the current commitment
2719+16 to the Department of Corrections. If, after an award of the
2720+17 bachelor's degree sentence credit has been made, the
2721+18 Department determines that the prisoner was not eligible, then
2722+19 the award shall be revoked. The Department may also award 180
2723+20 days of sentence credit to any committed person who earned a
2724+21 bachelor's degree while he or she was held in pre-trial
2725+22 detention prior to the current commitment to the Department of
2726+23 Corrections.
2727+24 Except as provided in paragraph (4.7) of this subsection
2728+25 (a), the rules and regulations shall provide that an
2729+26 additional 180 days of sentence credit shall be awarded to any
2730+
2731+
2732+
2733+
2734+
2735+ HB3762 Enrolled - 77 - LRB103 29450 RLC 55842 b
2736+
2737+
2738+HB3762 Enrolled- 78 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 78 - LRB103 29450 RLC 55842 b
2739+ HB3762 Enrolled - 78 - LRB103 29450 RLC 55842 b
2740+1 prisoner who obtains a master's or professional degree while
2741+2 the prisoner is committed to the Department of Corrections.
2742+3 The sentence credit awarded under this paragraph (4.1) shall
2743+4 be in addition to, and shall not affect, the award of sentence
2744+5 credit under any other paragraph of this Section, but shall
2745+6 also be under the guidelines and restrictions set forth in
2746+7 paragraph (4) of this subsection (a). The sentence credit
2747+8 provided for in this paragraph shall be available only to
2748+9 those prisoners who have not previously earned a master's or
2749+10 professional degree prior to the current commitment to the
2750+11 Department of Corrections. If, after an award of the master's
2751+12 or professional degree sentence credit has been made, the
2752+13 Department determines that the prisoner was not eligible, then
2753+14 the award shall be revoked. The Department may also award 180
2754+15 days of sentence credit to any committed person who earned a
2755+16 master's or professional degree while he or she was held in
2756+17 pre-trial detention prior to the current commitment to the
2757+18 Department of Corrections.
2758+19 (4.2) The rules and regulations shall also provide that
2759+20 any prisoner engaged in self-improvement programs, volunteer
2760+21 work, or work assignments that are not otherwise eligible
2761+22 activities under paragraph (4), shall receive up to 0.5 days
2762+23 of sentence credit for each day in which the prisoner is
2763+24 engaged in activities described in this paragraph.
2764+25 (4.5) The rules and regulations on sentence credit shall
2765+26 also provide that when the court's sentencing order recommends
2766+
2767+
2768+
2769+
2770+
2771+ HB3762 Enrolled - 78 - LRB103 29450 RLC 55842 b
2772+
2773+
2774+HB3762 Enrolled- 79 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 79 - LRB103 29450 RLC 55842 b
2775+ HB3762 Enrolled - 79 - LRB103 29450 RLC 55842 b
2776+1 a prisoner for substance abuse treatment and the crime was
2777+2 committed on or after September 1, 2003 (the effective date of
2778+3 Public Act 93-354), the prisoner shall receive no sentence
2779+4 credit awarded under clause (3) of this subsection (a) unless
2780+5 he or she participates in and completes a substance abuse
2781+6 treatment program. The Director of Corrections may waive the
2782+7 requirement to participate in or complete a substance abuse
2783+8 treatment program in specific instances if the prisoner is not
2784+9 a good candidate for a substance abuse treatment program for
2785+10 medical, programming, or operational reasons. Availability of
2786+11 substance abuse treatment shall be subject to the limits of
2787+12 fiscal resources appropriated by the General Assembly for
2788+13 these purposes. If treatment is not available and the
2789+14 requirement to participate and complete the treatment has not
2790+15 been waived by the Director, the prisoner shall be placed on a
2791+16 waiting list under criteria established by the Department. The
2792+17 Director may allow a prisoner placed on a waiting list to
2793+18 participate in and complete a substance abuse education class
2794+19 or attend substance abuse self-help meetings in lieu of a
2795+20 substance abuse treatment program. A prisoner on a waiting
2796+21 list who is not placed in a substance abuse program prior to
2797+22 release may be eligible for a waiver and receive sentence
2798+23 credit under clause (3) of this subsection (a) at the
2799+24 discretion of the Director.
2800+25 (4.6) The rules and regulations on sentence credit shall
2801+26 also provide that a prisoner who has been convicted of a sex
2802+
2803+
2804+
2805+
2806+
2807+ HB3762 Enrolled - 79 - LRB103 29450 RLC 55842 b
2808+
2809+
2810+HB3762 Enrolled- 80 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 80 - LRB103 29450 RLC 55842 b
2811+ HB3762 Enrolled - 80 - LRB103 29450 RLC 55842 b
2812+1 offense as defined in Section 2 of the Sex Offender
2813+2 Registration Act shall receive no sentence credit unless he or
2814+3 she either has successfully completed or is participating in
2815+4 sex offender treatment as defined by the Sex Offender
2816+5 Management Board. However, prisoners who are waiting to
2817+6 receive treatment, but who are unable to do so due solely to
2818+7 the lack of resources on the part of the Department, may, at
2819+8 either Director's sole discretion, be awarded sentence credit
2820+9 at a rate as the Director shall determine.
2821+10 (4.7) On or after January 1, 2018 (the effective date of
2822+11 Public Act 100-3), sentence credit under paragraph (3), (4),
2823+12 or (4.1) of this subsection (a) may be awarded to a prisoner
2824+13 who is serving a sentence for an offense described in
2825+14 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
2826+15 on or after January 1, 2018 (the effective date of Public Act
2827+16 100-3); provided, the award of the credits under this
2828+17 paragraph (4.7) shall not reduce the sentence of the prisoner
2829+18 to less than the following amounts:
2830+19 (i) 85% of his or her sentence if the prisoner is
2831+20 required to serve 85% of his or her sentence; or
2832+21 (ii) 60% of his or her sentence if the prisoner is
2833+22 required to serve 75% of his or her sentence, except if the
2834+23 prisoner is serving a sentence for gunrunning his or her
2835+24 sentence shall not be reduced to less than 75%.
2836+25 (iii) 100% of his or her sentence if the prisoner is
2837+26 required to serve 100% of his or her sentence.
2838+
2839+
2840+
2841+
2842+
2843+ HB3762 Enrolled - 80 - LRB103 29450 RLC 55842 b
2844+
2845+
2846+HB3762 Enrolled- 81 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 81 - LRB103 29450 RLC 55842 b
2847+ HB3762 Enrolled - 81 - LRB103 29450 RLC 55842 b
2848+1 (5) Whenever the Department is to release any inmate
2849+2 earlier than it otherwise would because of a grant of earned
2850+3 sentence credit under paragraph (3) of subsection (a) of this
2851+4 Section given at any time during the term, the Department
2852+5 shall give reasonable notice of the impending release not less
2853+6 than 14 days prior to the date of the release to the State's
2854+7 Attorney of the county where the prosecution of the inmate
2855+8 took place, and if applicable, the State's Attorney of the
2856+9 county into which the inmate will be released. The Department
2857+10 must also make identification information and a recent photo
2858+11 of the inmate being released accessible on the Internet by
2859+12 means of a hyperlink labeled "Community Notification of Inmate
2860+13 Early Release" on the Department's World Wide Web homepage.
2861+14 The identification information shall include the inmate's:
2862+15 name, any known alias, date of birth, physical
2863+16 characteristics, commitment offense, and county where
2864+17 conviction was imposed. The identification information shall
2865+18 be placed on the website within 3 days of the inmate's release
2866+19 and the information may not be removed until either:
2867+20 completion of the first year of mandatory supervised release
2868+21 or return of the inmate to custody of the Department.
2869+22 (b) Whenever a person is or has been committed under
2870+23 several convictions, with separate sentences, the sentences
2871+24 shall be construed under Section 5-8-4 in granting and
2872+25 forfeiting of sentence credit.
2873+26 (c) (1) The Department shall prescribe rules and
2874+
2875+
2876+
2877+
2878+
2879+ HB3762 Enrolled - 81 - LRB103 29450 RLC 55842 b
2880+
2881+
2882+HB3762 Enrolled- 82 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 82 - LRB103 29450 RLC 55842 b
2883+ HB3762 Enrolled - 82 - LRB103 29450 RLC 55842 b
2884+1 regulations for revoking sentence credit, including revoking
2885+2 sentence credit awarded under paragraph (3) of subsection (a)
2886+3 of this Section. The Department shall prescribe rules and
2887+4 regulations establishing and requiring the use of a sanctions
2888+5 matrix for revoking sentence credit. The Department shall
2889+6 prescribe rules and regulations for suspending or reducing the
2890+7 rate of accumulation of sentence credit for specific rule
2891+8 violations, during imprisonment. These rules and regulations
2892+9 shall provide that no inmate may be penalized more than one
2893+10 year of sentence credit for any one infraction.
2894+11 (2) When the Department seeks to revoke, suspend, or
2895+12 reduce the rate of accumulation of any sentence credits for an
2896+13 alleged infraction of its rules, it shall bring charges
2897+14 therefor against the prisoner sought to be so deprived of
2898+15 sentence credits before the Prisoner Review Board as provided
2899+16 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2900+17 amount of credit at issue exceeds 30 days, whether from one
2901+18 infraction or cumulatively from multiple infractions arising
2902+19 out of a single event, or when, during any 12-month period, the
2903+20 cumulative amount of credit revoked exceeds 30 days except
2904+21 where the infraction is committed or discovered within 60 days
2905+22 of scheduled release. In those cases, the Department of
2906+23 Corrections may revoke up to 30 days of sentence credit. The
2907+24 Board may subsequently approve the revocation of additional
2908+25 sentence credit, if the Department seeks to revoke sentence
2909+26 credit in excess of 30 days. However, the Board shall not be
2910+
2911+
2912+
2913+
2914+
2915+ HB3762 Enrolled - 82 - LRB103 29450 RLC 55842 b
2916+
2917+
2918+HB3762 Enrolled- 83 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 83 - LRB103 29450 RLC 55842 b
2919+ HB3762 Enrolled - 83 - LRB103 29450 RLC 55842 b
2920+1 empowered to review the Department's decision with respect to
2921+2 the loss of 30 days of sentence credit within any calendar year
2922+3 for any prisoner or to increase any penalty beyond the length
2923+4 requested by the Department.
2924+5 (3) The Director of Corrections or the Director of
2925+6 Juvenile Justice, in appropriate cases, may restore sentence
2926+7 credits which have been revoked, suspended, or reduced. The
2927+8 Department shall prescribe rules and regulations governing the
2928+9 restoration of sentence credits. These rules and regulations
2929+10 shall provide for the automatic restoration of sentence
2930+11 credits following a period in which the prisoner maintains a
2931+12 record without a disciplinary violation.
2932+13 Nothing contained in this Section shall prohibit the
2933+14 Prisoner Review Board from ordering, pursuant to Section
2934+15 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
2935+16 sentence imposed by the court that was not served due to the
2936+17 accumulation of sentence credit.
2937+18 (d) If a lawsuit is filed by a prisoner in an Illinois or
2938+19 federal court against the State, the Department of
2939+20 Corrections, or the Prisoner Review Board, or against any of
2940+21 their officers or employees, and the court makes a specific
2941+22 finding that a pleading, motion, or other paper filed by the
2942+23 prisoner is frivolous, the Department of Corrections shall
2943+24 conduct a hearing to revoke up to 180 days of sentence credit
2944+25 by bringing charges against the prisoner sought to be deprived
2945+26 of the sentence credits before the Prisoner Review Board as
2946+
2947+
2948+
2949+
2950+
2951+ HB3762 Enrolled - 83 - LRB103 29450 RLC 55842 b
2952+
2953+
2954+HB3762 Enrolled- 84 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 84 - LRB103 29450 RLC 55842 b
2955+ HB3762 Enrolled - 84 - LRB103 29450 RLC 55842 b
2956+1 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
2957+2 If the prisoner has not accumulated 180 days of sentence
2958+3 credit at the time of the finding, then the Prisoner Review
2959+4 Board may revoke all sentence credit accumulated by the
2960+5 prisoner.
2961+6 For purposes of this subsection (d):
2962+7 (1) "Frivolous" means that a pleading, motion, or
2963+8 other filing which purports to be a legal document filed
2964+9 by a prisoner in his or her lawsuit meets any or all of the
2965+10 following criteria:
2966+11 (A) it lacks an arguable basis either in law or in
2967+12 fact;
2968+13 (B) it is being presented for any improper
2969+14 purpose, such as to harass or to cause unnecessary
2970+15 delay or needless increase in the cost of litigation;
2971+16 (C) the claims, defenses, and other legal
2972+17 contentions therein are not warranted by existing law
2973+18 or by a nonfrivolous argument for the extension,
2974+19 modification, or reversal of existing law or the
2975+20 establishment of new law;
2976+21 (D) the allegations and other factual contentions
2977+22 do not have evidentiary support or, if specifically so
2978+23 identified, are not likely to have evidentiary support
2979+24 after a reasonable opportunity for further
2980+25 investigation or discovery; or
2981+26 (E) the denials of factual contentions are not
2982+
2983+
2984+
2985+
2986+
2987+ HB3762 Enrolled - 84 - LRB103 29450 RLC 55842 b
2988+
2989+
2990+HB3762 Enrolled- 85 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 85 - LRB103 29450 RLC 55842 b
2991+ HB3762 Enrolled - 85 - LRB103 29450 RLC 55842 b
2992+1 warranted on the evidence, or if specifically so
2993+2 identified, are not reasonably based on a lack of
2994+3 information or belief.
2995+4 (2) "Lawsuit" means a motion pursuant to Section 116-3
2996+5 of the Code of Criminal Procedure of 1963, a habeas corpus
2997+6 action under Article X of the Code of Civil Procedure or
2998+7 under federal law (28 U.S.C. 2254), a petition for claim
2999+8 under the Court of Claims Act, an action under the federal
3000+9 Civil Rights Act (42 U.S.C. 1983), or a second or
3001+10 subsequent petition for post-conviction relief under
3002+11 Article 122 of the Code of Criminal Procedure of 1963
3003+12 whether filed with or without leave of court or a second or
3004+13 subsequent petition for relief from judgment under Section
3005+14 2-1401 of the Code of Civil Procedure.
3006+15 (e) Nothing in Public Act 90-592 or 90-593 affects the
3007+16 validity of Public Act 89-404.
3008+17 (f) Whenever the Department is to release any inmate who
3009+18 has been convicted of a violation of an order of protection
3010+19 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
3011+20 the Criminal Code of 2012, earlier than it otherwise would
3012+21 because of a grant of sentence credit, the Department, as a
3013+22 condition of release, shall require that the person, upon
3014+23 release, be placed under electronic surveillance as provided
3015+24 in Section 5-8A-7 of this Code.
3016+25 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
3017+26 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
3018+
3019+
3020+
3021+
3022+
3023+ HB3762 Enrolled - 85 - LRB103 29450 RLC 55842 b
3024+
3025+
3026+HB3762 Enrolled- 86 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 86 - LRB103 29450 RLC 55842 b
3027+ HB3762 Enrolled - 86 - LRB103 29450 RLC 55842 b
3028+1 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
3029+2 (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
3030+3 Sec. 3-8-10. Intrastate Detainers. Subsection Except for
3031+4 persons sentenced to death, subsection (b), (c) and (e) of
3032+5 Section 103-5 of the Code of Criminal Procedure of 1963 shall
3033+6 also apply to persons committed to any institution or facility
3034+7 or program of the Illinois Department of Corrections who have
3035+8 untried complaints, charges or indictments pending in any
3036+9 county of this State, and such person shall include in the
3037+10 demand under subsection (b), a statement of the place of
3038+11 present commitment, the term, and length of the remaining
3039+12 term, the charges pending against him or her to be tried and
3040+13 the county of the charges, and the demand shall be addressed to
3041+14 the state's attorney of the county where he or she is charged
3042+15 with a copy to the clerk of that court and a copy to the chief
3043+16 administrative officer of the Department of Corrections
3044+17 institution or facility to which he or she is committed. The
3045+18 state's attorney shall then procure the presence of the
3046+19 defendant for trial in his county by habeas corpus. Additional
3047+20 time may be granted by the court for the process of bringing
3048+21 and serving an order of habeas corpus ad prosequendum. In the
3049+22 event that the person is not brought to trial within the
3050+23 allotted time, then the charge for which he or she has
3051+24 requested a speedy trial shall be dismissed. The provisions of
3052+25 this Section do not apply to persons no longer committed to a
3053+
3054+
3055+
3056+
3057+
3058+ HB3762 Enrolled - 86 - LRB103 29450 RLC 55842 b
3059+
3060+
3061+HB3762 Enrolled- 87 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 87 - LRB103 29450 RLC 55842 b
3062+ HB3762 Enrolled - 87 - LRB103 29450 RLC 55842 b
3063+1 facility or program of the Illinois Department of Corrections.
3064+2 A person serving a period of parole or mandatory supervised
3065+3 release under the supervision of the Department of
3066+4 Corrections, for the purpose of this Section, shall not be
3067+5 deemed to be committed to the Department.
3068+6 (Source: P.A. 96-642, eff. 8-24-09.)
3069+7 (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
3070+8 Sec. 5-1-9. Felony.
3071+9 "Felony" means an offense for which a sentence to death or
3072+10 to a term of imprisonment in a penitentiary for one year or
3073+11 more is provided.
3074+12 (Source: P.A. 77-2097.)
3075+13 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
3076+14 Sec. 5-4-1. Sentencing hearing.
3077+15 (a) After Except when the death penalty is sought under
3078+16 hearing procedures otherwise specified, after a determination
3079+17 of guilt, a hearing shall be held to impose the sentence.
3080+18 However, prior to the imposition of sentence on an individual
3081+19 being sentenced for an offense based upon a charge for a
3082+20 violation of Section 11-501 of the Illinois Vehicle Code or a
3083+21 similar provision of a local ordinance, the individual must
3084+22 undergo a professional evaluation to determine if an alcohol
3085+23 or other drug abuse problem exists and the extent of such a
3086+24 problem. Programs conducting these evaluations shall be
3087+
3088+
3089+
3090+
3091+
3092+ HB3762 Enrolled - 87 - LRB103 29450 RLC 55842 b
3093+
3094+
3095+HB3762 Enrolled- 88 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 88 - LRB103 29450 RLC 55842 b
3096+ HB3762 Enrolled - 88 - LRB103 29450 RLC 55842 b
3097+1 licensed by the Department of Human Services. However, if the
3098+2 individual is not a resident of Illinois, the court may, in its
3099+3 discretion, accept an evaluation from a program in the state
3100+4 of such individual's residence. The court shall make a
3101+5 specific finding about whether the defendant is eligible for
3102+6 participation in a Department impact incarceration program as
3103+7 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
3104+8 explanation as to why a sentence to impact incarceration is
3105+9 not an appropriate sentence. The court may in its sentencing
3106+10 order recommend a defendant for placement in a Department of
3107+11 Corrections substance abuse treatment program as provided in
3108+12 paragraph (a) of subsection (1) of Section 3-2-2 conditioned
3109+13 upon the defendant being accepted in a program by the
3110+14 Department of Corrections. At the hearing the court shall:
3111+15 (1) consider the evidence, if any, received upon the
3112+16 trial;
3113+17 (2) consider any presentence reports;
3114+18 (3) consider the financial impact of incarceration
3115+19 based on the financial impact statement filed with the
3116+20 clerk of the court by the Department of Corrections;
3117+21 (4) consider evidence and information offered by the
3118+22 parties in aggravation and mitigation;
3119+23 (4.5) consider substance abuse treatment, eligibility
3120+24 screening, and an assessment, if any, of the defendant by
3121+25 an agent designated by the State of Illinois to provide
3122+26 assessment services for the Illinois courts;
3123+
3124+
3125+
3126+
3127+
3128+ HB3762 Enrolled - 88 - LRB103 29450 RLC 55842 b
3129+
3130+
3131+HB3762 Enrolled- 89 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 89 - LRB103 29450 RLC 55842 b
3132+ HB3762 Enrolled - 89 - LRB103 29450 RLC 55842 b
3133+1 (5) hear arguments as to sentencing alternatives;
3134+2 (6) afford the defendant the opportunity to make a
3135+3 statement in his own behalf;
3136+4 (7) afford the victim of a violent crime or a
3137+5 violation of Section 11-501 of the Illinois Vehicle Code,
3138+6 or a similar provision of a local ordinance, the
3139+7 opportunity to present an oral or written statement, as
3140+8 guaranteed by Article I, Section 8.1 of the Illinois
3141+9 Constitution and provided in Section 6 of the Rights of
3142+10 Crime Victims and Witnesses Act. The court shall allow a
3143+11 victim to make an oral statement if the victim is present
3144+12 in the courtroom and requests to make an oral or written
3145+13 statement. An oral or written statement includes the
3146+14 victim or a representative of the victim reading the
3147+15 written statement. The court may allow persons impacted by
3148+16 the crime who are not victims under subsection (a) of
3149+17 Section 3 of the Rights of Crime Victims and Witnesses Act
3150+18 to present an oral or written statement. A victim and any
3151+19 person making an oral statement shall not be put under
3152+20 oath or subject to cross-examination. All statements
3153+21 offered under this paragraph (7) shall become part of the
3154+22 record of the court. In this paragraph (7), "victim of a
3155+23 violent crime" means a person who is a victim of a violent
3156+24 crime for which the defendant has been convicted after a
3157+25 bench or jury trial or a person who is the victim of a
3158+26 violent crime with which the defendant was charged and the
3159+
3160+
3161+
3162+
3163+
3164+ HB3762 Enrolled - 89 - LRB103 29450 RLC 55842 b
3165+
3166+
3167+HB3762 Enrolled- 90 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 90 - LRB103 29450 RLC 55842 b
3168+ HB3762 Enrolled - 90 - LRB103 29450 RLC 55842 b
3169+1 defendant has been convicted under a plea agreement of a
3170+2 crime that is not a violent crime as defined in subsection
3171+3 (c) of 3 of the Rights of Crime Victims and Witnesses Act;
3172+4 (7.5) afford a qualified person affected by: (i) a
3173+5 violation of Section 405, 405.1, 405.2, or 407 of the
3174+6 Illinois Controlled Substances Act or a violation of
3175+7 Section 55 or Section 65 of the Methamphetamine Control
3176+8 and Community Protection Act; or (ii) a Class 4 felony
3177+9 violation of Section 11-14, 11-14.3 except as described in
3178+10 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
3179+11 11-18.1, or 11-19 of the Criminal Code of 1961 or the
3180+12 Criminal Code of 2012, committed by the defendant the
3181+13 opportunity to make a statement concerning the impact on
3182+14 the qualified person and to offer evidence in aggravation
3183+15 or mitigation; provided that the statement and evidence
3184+16 offered in aggravation or mitigation shall first be
3185+17 prepared in writing in conjunction with the State's
3186+18 Attorney before it may be presented orally at the hearing.
3187+19 Sworn testimony offered by the qualified person is subject
3188+20 to the defendant's right to cross-examine. All statements
3189+21 and evidence offered under this paragraph (7.5) shall
3190+22 become part of the record of the court. In this paragraph
3191+23 (7.5), "qualified person" means any person who: (i) lived
3192+24 or worked within the territorial jurisdiction where the
3193+25 offense took place when the offense took place; or (ii) is
3194+26 familiar with various public places within the territorial
3195+
3196+
3197+
3198+
3199+
3200+ HB3762 Enrolled - 90 - LRB103 29450 RLC 55842 b
3201+
3202+
3203+HB3762 Enrolled- 91 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 91 - LRB103 29450 RLC 55842 b
3204+ HB3762 Enrolled - 91 - LRB103 29450 RLC 55842 b
3205+1 jurisdiction where the offense took place when the offense
3206+2 took place. "Qualified person" includes any peace officer
3207+3 or any member of any duly organized State, county, or
3208+4 municipal peace officer unit assigned to the territorial
3209+5 jurisdiction where the offense took place when the offense
3210+6 took place;
3211+7 (8) in cases of reckless homicide afford the victim's
3212+8 spouse, guardians, parents or other immediate family
3213+9 members an opportunity to make oral statements;
3214+10 (9) in cases involving a felony sex offense as defined
3215+11 under the Sex Offender Management Board Act, consider the
3216+12 results of the sex offender evaluation conducted pursuant
3217+13 to Section 5-3-2 of this Act; and
3218+14 (10) make a finding of whether a motor vehicle was
3219+15 used in the commission of the offense for which the
3220+16 defendant is being sentenced.
3221+17 (b) All sentences shall be imposed by the judge based upon
3222+18 his independent assessment of the elements specified above and
3223+19 any agreement as to sentence reached by the parties. The judge
3224+20 who presided at the trial or the judge who accepted the plea of
3225+21 guilty shall impose the sentence unless he is no longer
3226+22 sitting as a judge in that court. Where the judge does not
3227+23 impose sentence at the same time on all defendants who are
3228+24 convicted as a result of being involved in the same offense,
3229+25 the defendant or the State's Attorney may advise the
3230+26 sentencing court of the disposition of any other defendants
3231+
3232+
3233+
3234+
3235+
3236+ HB3762 Enrolled - 91 - LRB103 29450 RLC 55842 b
3237+
3238+
3239+HB3762 Enrolled- 92 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 92 - LRB103 29450 RLC 55842 b
3240+ HB3762 Enrolled - 92 - LRB103 29450 RLC 55842 b
3241+1 who have been sentenced.
3242+2 (b-1) In imposing a sentence of imprisonment or periodic
3243+3 imprisonment for a Class 3 or Class 4 felony for which a
3244+4 sentence of probation or conditional discharge is an available
3245+5 sentence, if the defendant has no prior sentence of probation
3246+6 or conditional discharge and no prior conviction for a violent
3247+7 crime, the defendant shall not be sentenced to imprisonment
3248+8 before review and consideration of a presentence report and
3249+9 determination and explanation of why the particular evidence,
3250+10 information, factor in aggravation, factual finding, or other
3251+11 reasons support a sentencing determination that one or more of
3252+12 the factors under subsection (a) of Section 5-6-1 of this Code
3253+13 apply and that probation or conditional discharge is not an
3254+14 appropriate sentence.
3255+15 (c) In imposing a sentence for a violent crime or for an
3256+16 offense of operating or being in physical control of a vehicle
3257+17 while under the influence of alcohol, any other drug or any
3258+18 combination thereof, or a similar provision of a local
3259+19 ordinance, when such offense resulted in the personal injury
3260+20 to someone other than the defendant, the trial judge shall
3261+21 specify on the record the particular evidence, information,
3262+22 factors in mitigation and aggravation or other reasons that
3263+23 led to his sentencing determination. The full verbatim record
3264+24 of the sentencing hearing shall be filed with the clerk of the
3265+25 court and shall be a public record.
3266+26 (c-1) In imposing a sentence for the offense of aggravated
3267+
3268+
3269+
3270+
3271+
3272+ HB3762 Enrolled - 92 - LRB103 29450 RLC 55842 b
3273+
3274+
3275+HB3762 Enrolled- 93 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 93 - LRB103 29450 RLC 55842 b
3276+ HB3762 Enrolled - 93 - LRB103 29450 RLC 55842 b
3277+1 kidnapping for ransom, home invasion, armed robbery,
3278+2 aggravated vehicular hijacking, aggravated discharge of a
3279+3 firearm, or armed violence with a category I weapon or
3280+4 category II weapon, the trial judge shall make a finding as to
3281+5 whether the conduct leading to conviction for the offense
3282+6 resulted in great bodily harm to a victim, and shall enter that
3283+7 finding and the basis for that finding in the record.
3284+8 (c-1.5) Notwithstanding any other provision of law to the
3285+9 contrary, in imposing a sentence for an offense that requires
3286+10 a mandatory minimum sentence of imprisonment, the court may
3287+11 instead sentence the offender to probation, conditional
3288+12 discharge, or a lesser term of imprisonment it deems
3289+13 appropriate if: (1) the offense involves the use or possession
3290+14 of drugs, retail theft, or driving on a revoked license due to
3291+15 unpaid financial obligations; (2) the court finds that the
3292+16 defendant does not pose a risk to public safety; and (3) the
3293+17 interest of justice requires imposing a term of probation,
3294+18 conditional discharge, or a lesser term of imprisonment. The
3295+19 court must state on the record its reasons for imposing
3296+20 probation, conditional discharge, or a lesser term of
3297+21 imprisonment.
3298+22 (c-2) If the defendant is sentenced to prison, other than
3299+23 when a sentence of natural life imprisonment or a sentence of
3300+24 death is imposed, at the time the sentence is imposed the judge
3301+25 shall state on the record in open court the approximate period
3302+26 of time the defendant will serve in custody according to the
3303+
3304+
3305+
3306+
3307+
3308+ HB3762 Enrolled - 93 - LRB103 29450 RLC 55842 b
3309+
3310+
3311+HB3762 Enrolled- 94 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 94 - LRB103 29450 RLC 55842 b
3312+ HB3762 Enrolled - 94 - LRB103 29450 RLC 55842 b
3313+1 then current statutory rules and regulations for sentence
3314+2 credit found in Section 3-6-3 and other related provisions of
3315+3 this Code. This statement is intended solely to inform the
3316+4 public, has no legal effect on the defendant's actual release,
3317+5 and may not be relied on by the defendant on appeal.
3318+6 The judge's statement, to be given after pronouncing the
3319+7 sentence, other than when the sentence is imposed for one of
3320+8 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
3321+9 shall include the following:
3322+10 "The purpose of this statement is to inform the public of
3323+11 the actual period of time this defendant is likely to spend in
3324+12 prison as a result of this sentence. The actual period of
3325+13 prison time served is determined by the statutes of Illinois
3326+14 as applied to this sentence by the Illinois Department of
3327+15 Corrections and the Illinois Prisoner Review Board. In this
3328+16 case, assuming the defendant receives all of his or her
3329+17 sentence credit, the period of estimated actual custody is ...
3330+18 years and ... months, less up to 180 days additional earned
3331+19 sentence credit. If the defendant, because of his or her own
3332+20 misconduct or failure to comply with the institutional
3333+21 regulations, does not receive those credits, the actual time
3334+22 served in prison will be longer. The defendant may also
3335+23 receive an additional one-half day sentence credit for each
3336+24 day of participation in vocational, industry, substance abuse,
3337+25 and educational programs as provided for by Illinois statute."
3338+26 When the sentence is imposed for one of the offenses
3339+
3340+
3341+
3342+
3343+
3344+ HB3762 Enrolled - 94 - LRB103 29450 RLC 55842 b
3345+
3346+
3347+HB3762 Enrolled- 95 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 95 - LRB103 29450 RLC 55842 b
3348+ HB3762 Enrolled - 95 - LRB103 29450 RLC 55842 b
3349+1 enumerated in paragraph (a)(2) of Section 3-6-3, other than
3350+2 first degree murder, and the offense was committed on or after
3351+3 June 19, 1998, and when the sentence is imposed for reckless
3352+4 homicide as defined in subsection (e) of Section 9-3 of the
3353+5 Criminal Code of 1961 or the Criminal Code of 2012 if the
3354+6 offense was committed on or after January 1, 1999, and when the
3355+7 sentence is imposed for aggravated driving under the influence
3356+8 of alcohol, other drug or drugs, or intoxicating compound or
3357+9 compounds, or any combination thereof as defined in
3358+10 subparagraph (F) of paragraph (1) of subsection (d) of Section
3359+11 11-501 of the Illinois Vehicle Code, and when the sentence is
3360+12 imposed for aggravated arson if the offense was committed on
3361+13 or after July 27, 2001 (the effective date of Public Act
3362+14 92-176), and when the sentence is imposed for aggravated
3363+15 driving under the influence of alcohol, other drug or drugs,
3364+16 or intoxicating compound or compounds, or any combination
3365+17 thereof as defined in subparagraph (C) of paragraph (1) of
3366+18 subsection (d) of Section 11-501 of the Illinois Vehicle Code
3367+19 committed on or after January 1, 2011 (the effective date of
3368+20 Public Act 96-1230), the judge's statement, to be given after
3369+21 pronouncing the sentence, shall include the following:
3370+22 "The purpose of this statement is to inform the public of
3371+23 the actual period of time this defendant is likely to spend in
3372+24 prison as a result of this sentence. The actual period of
3373+25 prison time served is determined by the statutes of Illinois
3374+26 as applied to this sentence by the Illinois Department of
3375+
3376+
3377+
3378+
3379+
3380+ HB3762 Enrolled - 95 - LRB103 29450 RLC 55842 b
3381+
3382+
3383+HB3762 Enrolled- 96 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 96 - LRB103 29450 RLC 55842 b
3384+ HB3762 Enrolled - 96 - LRB103 29450 RLC 55842 b
3385+1 Corrections and the Illinois Prisoner Review Board. In this
3386+2 case, the defendant is entitled to no more than 4 1/2 days of
3387+3 sentence credit for each month of his or her sentence of
3388+4 imprisonment. Therefore, this defendant will serve at least
3389+5 85% of his or her sentence. Assuming the defendant receives 4
3390+6 1/2 days credit for each month of his or her sentence, the
3391+7 period of estimated actual custody is ... years and ...
3392+8 months. If the defendant, because of his or her own misconduct
3393+9 or failure to comply with the institutional regulations
3394+10 receives lesser credit, the actual time served in prison will
3395+11 be longer."
3396+12 When a sentence of imprisonment is imposed for first
3397+13 degree murder and the offense was committed on or after June
3398+14 19, 1998, the judge's statement, to be given after pronouncing
3399+15 the sentence, shall include the following:
3400+16 "The purpose of this statement is to inform the public of
3401+17 the actual period of time this defendant is likely to spend in
3402+18 prison as a result of this sentence. The actual period of
3403+19 prison time served is determined by the statutes of Illinois
3404+20 as applied to this sentence by the Illinois Department of
3405+21 Corrections and the Illinois Prisoner Review Board. In this
3406+22 case, the defendant is not entitled to sentence credit.
3407+23 Therefore, this defendant will serve 100% of his or her
3408+24 sentence."
3409+25 When the sentencing order recommends placement in a
3410+26 substance abuse program for any offense that results in
3411+
3412+
3413+
3414+
3415+
3416+ HB3762 Enrolled - 96 - LRB103 29450 RLC 55842 b
3417+
3418+
3419+HB3762 Enrolled- 97 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 97 - LRB103 29450 RLC 55842 b
3420+ HB3762 Enrolled - 97 - LRB103 29450 RLC 55842 b
3421+1 incarceration in a Department of Corrections facility and the
3422+2 crime was committed on or after September 1, 2003 (the
3423+3 effective date of Public Act 93-354), the judge's statement,
3424+4 in addition to any other judge's statement required under this
3425+5 Section, to be given after pronouncing the sentence, shall
3426+6 include the following:
3427+7 "The purpose of this statement is to inform the public of
3428+8 the actual period of time this defendant is likely to spend in
3429+9 prison as a result of this sentence. The actual period of
3430+10 prison time served is determined by the statutes of Illinois
3431+11 as applied to this sentence by the Illinois Department of
3432+12 Corrections and the Illinois Prisoner Review Board. In this
3433+13 case, the defendant shall receive no earned sentence credit
3434+14 under clause (3) of subsection (a) of Section 3-6-3 until he or
3435+15 she participates in and completes a substance abuse treatment
3436+16 program or receives a waiver from the Director of Corrections
3437+17 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
3438+18 (c-4) Before the sentencing hearing and as part of the
3439+19 presentence investigation under Section 5-3-1, the court shall
3440+20 inquire of the defendant whether the defendant is currently
3441+21 serving in or is a veteran of the Armed Forces of the United
3442+22 States. If the defendant is currently serving in the Armed
3443+23 Forces of the United States or is a veteran of the Armed Forces
3444+24 of the United States and has been diagnosed as having a mental
3445+25 illness by a qualified psychiatrist or clinical psychologist
3446+26 or physician, the court may:
3447+
3448+
3449+
3450+
3451+
3452+ HB3762 Enrolled - 97 - LRB103 29450 RLC 55842 b
3453+
3454+
3455+HB3762 Enrolled- 98 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 98 - LRB103 29450 RLC 55842 b
3456+ HB3762 Enrolled - 98 - LRB103 29450 RLC 55842 b
3457+1 (1) order that the officer preparing the presentence
3458+2 report consult with the United States Department of
3459+3 Veterans Affairs, Illinois Department of Veterans'
3460+4 Affairs, or another agency or person with suitable
3461+5 knowledge or experience for the purpose of providing the
3462+6 court with information regarding treatment options
3463+7 available to the defendant, including federal, State, and
3464+8 local programming; and
3465+9 (2) consider the treatment recommendations of any
3466+10 diagnosing or treating mental health professionals
3467+11 together with the treatment options available to the
3468+12 defendant in imposing sentence.
3469+13 For the purposes of this subsection (c-4), "qualified
3470+14 psychiatrist" means a reputable physician licensed in Illinois
3471+15 to practice medicine in all its branches, who has specialized
3472+16 in the diagnosis and treatment of mental and nervous disorders
3473+17 for a period of not less than 5 years.
3474+18 (c-6) In imposing a sentence, the trial judge shall
3475+19 specify, on the record, the particular evidence and other
3476+20 reasons which led to his or her determination that a motor
3477+21 vehicle was used in the commission of the offense.
3478+22 (c-7) In imposing a sentence for a Class 3 or 4 felony,
3479+23 other than a violent crime as defined in Section 3 of the
3480+24 Rights of Crime Victims and Witnesses Act, the court shall
3481+25 determine and indicate in the sentencing order whether the
3482+26 defendant has 4 or more or fewer than 4 months remaining on his
3483+
3484+
3485+
3486+
3487+
3488+ HB3762 Enrolled - 98 - LRB103 29450 RLC 55842 b
3489+
3490+
3491+HB3762 Enrolled- 99 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 99 - LRB103 29450 RLC 55842 b
3492+ HB3762 Enrolled - 99 - LRB103 29450 RLC 55842 b
3493+1 or her sentence accounting for time served.
3494+2 (d) When the defendant is committed to the Department of
3495+3 Corrections, the State's Attorney shall and counsel for the
3496+4 defendant may file a statement with the clerk of the court to
3497+5 be transmitted to the department, agency or institution to
3498+6 which the defendant is committed to furnish such department,
3499+7 agency or institution with the facts and circumstances of the
3500+8 offense for which the person was committed together with all
3501+9 other factual information accessible to them in regard to the
3502+10 person prior to his commitment relative to his habits,
3503+11 associates, disposition and reputation and any other facts and
3504+12 circumstances which may aid such department, agency or
3505+13 institution during its custody of such person. The clerk shall
3506+14 within 10 days after receiving any such statements transmit a
3507+15 copy to such department, agency or institution and a copy to
3508+16 the other party, provided, however, that this shall not be
3509+17 cause for delay in conveying the person to the department,
3510+18 agency or institution to which he has been committed.
3511+19 (e) The clerk of the court shall transmit to the
3512+20 department, agency or institution, if any, to which the
3513+21 defendant is committed, the following:
3514+22 (1) the sentence imposed;
3515+23 (2) any statement by the court of the basis for
3516+24 imposing the sentence;
3517+25 (3) any presentence reports;
3518+26 (3.5) any sex offender evaluations;
3519+
3520+
3521+
3522+
3523+
3524+ HB3762 Enrolled - 99 - LRB103 29450 RLC 55842 b
3525+
3526+
3527+HB3762 Enrolled- 100 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 100 - LRB103 29450 RLC 55842 b
3528+ HB3762 Enrolled - 100 - LRB103 29450 RLC 55842 b
3529+1 (3.6) any substance abuse treatment eligibility
3530+2 screening and assessment of the defendant by an agent
3531+3 designated by the State of Illinois to provide assessment
3532+4 services for the Illinois courts;
3533+5 (4) the number of days, if any, which the defendant
3534+6 has been in custody and for which he is entitled to credit
3535+7 against the sentence, which information shall be provided
3536+8 to the clerk by the sheriff;
3537+9 (4.1) any finding of great bodily harm made by the
3538+10 court with respect to an offense enumerated in subsection
3539+11 (c-1);
3540+12 (5) all statements filed under subsection (d) of this
3541+13 Section;
3542+14 (6) any medical or mental health records or summaries
3543+15 of the defendant;
3544+16 (7) the municipality where the arrest of the offender
3545+17 or the commission of the offense has occurred, where such
3546+18 municipality has a population of more than 25,000 persons;
3547+19 (8) all statements made and evidence offered under
3548+20 paragraph (7) of subsection (a) of this Section; and
3549+21 (9) all additional matters which the court directs the
3550+22 clerk to transmit.
3551+23 (f) In cases in which the court finds that a motor vehicle
3552+24 was used in the commission of the offense for which the
3553+25 defendant is being sentenced, the clerk of the court shall,
3554+26 within 5 days thereafter, forward a report of such conviction
3555+
3556+
3557+
3558+
3559+
3560+ HB3762 Enrolled - 100 - LRB103 29450 RLC 55842 b
3561+
3562+
3563+HB3762 Enrolled- 101 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 101 - LRB103 29450 RLC 55842 b
3564+ HB3762 Enrolled - 101 - LRB103 29450 RLC 55842 b
3565+1 to the Secretary of State.
3566+2 (Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;
3567+3 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,
3568+4 Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
3569+5 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
3570+6 Sec. 5-4-3. Specimens; genetic marker groups.
3571+7 (a) Any person convicted of, found guilty under the
3572+8 Juvenile Court Act of 1987 for, or who received a disposition
3573+9 of court supervision for, a qualifying offense or attempt of a
3574+10 qualifying offense, convicted or found guilty of any offense
3575+11 classified as a felony under Illinois law, convicted or found
3576+12 guilty of any offense requiring registration under the Sex
3577+13 Offender Registration Act, found guilty or given supervision
3578+14 for any offense classified as a felony under the Juvenile
3579+15 Court Act of 1987, convicted or found guilty of, under the
3580+16 Juvenile Court Act of 1987, any offense requiring registration
3581+17 under the Sex Offender Registration Act, or institutionalized
3582+18 as a sexually dangerous person under the Sexually Dangerous
3583+19 Persons Act, or committed as a sexually violent person under
3584+20 the Sexually Violent Persons Commitment Act shall, regardless
3585+21 of the sentence or disposition imposed, be required to submit
3586+22 specimens of blood, saliva, or tissue to the Illinois State
3587+23 Police in accordance with the provisions of this Section,
3588+24 provided such person is:
3589+25 (1) convicted of a qualifying offense or attempt of a
3590+
3591+
3592+
3593+
3594+
3595+ HB3762 Enrolled - 101 - LRB103 29450 RLC 55842 b
3596+
3597+
3598+HB3762 Enrolled- 102 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 102 - LRB103 29450 RLC 55842 b
3599+ HB3762 Enrolled - 102 - LRB103 29450 RLC 55842 b
3600+1 qualifying offense on or after July 1, 1990 and sentenced
3601+2 to a term of imprisonment, periodic imprisonment, fine,
3602+3 probation, conditional discharge or any other form of
3603+4 sentence, or given a disposition of court supervision for
3604+5 the offense;
3605+6 (1.5) found guilty or given supervision under the
3606+7 Juvenile Court Act of 1987 for a qualifying offense or
3607+8 attempt of a qualifying offense on or after January 1,
3608+9 1997;
3609+10 (2) ordered institutionalized as a sexually dangerous
3610+11 person on or after July 1, 1990;
3611+12 (3) convicted of a qualifying offense or attempt of a
3612+13 qualifying offense before July 1, 1990 and is presently
3613+14 confined as a result of such conviction in any State
3614+15 correctional facility or county jail or is presently
3615+16 serving a sentence of probation, conditional discharge or
3616+17 periodic imprisonment as a result of such conviction;
3617+18 (3.5) convicted or found guilty of any offense
3618+19 classified as a felony under Illinois law or found guilty
3619+20 or given supervision for such an offense under the
3620+21 Juvenile Court Act of 1987 on or after August 22, 2002;
3621+22 (4) presently institutionalized as a sexually
3622+23 dangerous person or presently institutionalized as a
3623+24 person found guilty but mentally ill of a sexual offense
3624+25 or attempt to commit a sexual offense; or
3625+26 (4.5) ordered committed as a sexually violent person
3626+
3627+
3628+
3629+
3630+
3631+ HB3762 Enrolled - 102 - LRB103 29450 RLC 55842 b
3632+
3633+
3634+HB3762 Enrolled- 103 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 103 - LRB103 29450 RLC 55842 b
3635+ HB3762 Enrolled - 103 - LRB103 29450 RLC 55842 b
3636+1 on or after the effective date of the Sexually Violent
3637+2 Persons Commitment Act.
3638+3 (a-1) Any person incarcerated in a facility of the
3639+4 Illinois Department of Corrections or the Illinois Department
3640+5 of Juvenile Justice on or after August 22, 2002, whether for a
3641+6 term of years or , natural life, or a sentence of death, who
3642+7 has not yet submitted a specimen of blood, saliva, or tissue
3643+8 shall be required to submit a specimen of blood, saliva, or
3644+9 tissue prior to his or her final discharge, or release on
3645+10 parole, aftercare release, or mandatory supervised release, as
3646+11 a condition of his or her parole, aftercare release, or
3647+12 mandatory supervised release, or within 6 months from August
3648+13 13, 2009 (the effective date of Public Act 96-426), whichever
3649+14 is sooner. A person incarcerated on or after August 13, 2009
3650+15 (the effective date of Public Act 96-426) shall be required to
3651+16 submit a specimen within 45 days of incarceration, or prior to
3652+17 his or her final discharge, or release on parole, aftercare
3653+18 release, or mandatory supervised release, as a condition of
3654+19 his or her parole, aftercare release, or mandatory supervised
3655+20 release, whichever is sooner. These specimens shall be placed
3656+21 into the State or national DNA database, to be used in
3657+22 accordance with other provisions of this Section, by the
3658+23 Illinois State Police.
3659+24 (a-2) Any person sentenced to life imprisonment in a
3660+25 facility of the Illinois Department of Corrections after the
3661+26 effective date of this amendatory Act of the 94th General
3662+
3663+
3664+
3665+
3666+
3667+ HB3762 Enrolled - 103 - LRB103 29450 RLC 55842 b
3668+
3669+
3670+HB3762 Enrolled- 104 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 104 - LRB103 29450 RLC 55842 b
3671+ HB3762 Enrolled - 104 - LRB103 29450 RLC 55842 b
3672+1 Assembly or sentenced to death after the effective date of
3673+2 this amendatory Act of the 94th General Assembly shall be
3674+3 required to provide a specimen of blood, saliva, or tissue
3675+4 within 45 days after sentencing or disposition at a collection
3676+5 site designated by the Illinois State Police. Any person
3677+6 serving a sentence of life imprisonment in a facility of the
3678+7 Illinois Department of Corrections on the effective date of
3679+8 this amendatory Act of the 94th General Assembly or any person
3680+9 who is under a sentence of death on the effective date of this
3681+10 amendatory Act of the 94th General Assembly shall be required
3682+11 to provide a specimen of blood, saliva, or tissue upon request
3683+12 at a collection site designated by the Illinois State Police.
3684+13 (a-3) Any person seeking transfer to or residency in
3685+14 Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
3686+15 Code, the Interstate Compact for Adult Offender Supervision,
3687+16 or the Interstate Agreements on Sexually Dangerous Persons Act
3688+17 shall be required to provide a specimen of blood, saliva, or
3689+18 tissue within 45 days after transfer to or residency in
3690+19 Illinois at a collection site designated by the Illinois State
3691+20 Police.
3692+21 (a-3.1) Any person required by an order of the court to
3693+22 submit a DNA specimen shall be required to provide a specimen
3694+23 of blood, saliva, or tissue within 45 days after the court
3695+24 order at a collection site designated by the Illinois State
3696+25 Police.
3697+26 (a-3.2) On or after January 1, 2012 (the effective date of
3698+
3699+
3700+
3701+
3702+
3703+ HB3762 Enrolled - 104 - LRB103 29450 RLC 55842 b
3704+
3705+
3706+HB3762 Enrolled- 105 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 105 - LRB103 29450 RLC 55842 b
3707+ HB3762 Enrolled - 105 - LRB103 29450 RLC 55842 b
3708+1 Public Act 97-383), any person arrested for any of the
3709+2 following offenses, after an indictment has been returned by a
3710+3 grand jury, or following a hearing pursuant to Section 109-3
3711+4 of the Code of Criminal Procedure of 1963 and a judge finds
3712+5 there is probable cause to believe the arrestee has committed
3713+6 one of the designated offenses, or an arrestee has waived a
3714+7 preliminary hearing shall be required to provide a specimen of
3715+8 blood, saliva, or tissue within 14 days after such indictment
3716+9 or hearing at a collection site designated by the Illinois
3717+10 State Police:
3718+11 (A) first degree murder;
3719+12 (B) home invasion;
3720+13 (C) predatory criminal sexual assault of a child;
3721+14 (D) aggravated criminal sexual assault; or
3722+15 (E) criminal sexual assault.
3723+16 (a-3.3) Any person required to register as a sex offender
3724+17 under the Sex Offender Registration Act, regardless of the
3725+18 date of conviction as set forth in subsection (c-5.2) shall be
3726+19 required to provide a specimen of blood, saliva, or tissue
3727+20 within the time period prescribed in subsection (c-5.2) at a
3728+21 collection site designated by the Illinois State Police.
3729+22 (a-5) Any person who was otherwise convicted of or
3730+23 received a disposition of court supervision for any other
3731+24 offense under the Criminal Code of 1961 or the Criminal Code of
3732+25 2012 or who was found guilty or given supervision for such a
3733+26 violation under the Juvenile Court Act of 1987, may,
3734+
3735+
3736+
3737+
3738+
3739+ HB3762 Enrolled - 105 - LRB103 29450 RLC 55842 b
3740+
3741+
3742+HB3762 Enrolled- 106 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 106 - LRB103 29450 RLC 55842 b
3743+ HB3762 Enrolled - 106 - LRB103 29450 RLC 55842 b
3744+1 regardless of the sentence imposed, be required by an order of
3745+2 the court to submit specimens of blood, saliva, or tissue to
3746+3 the Illinois State Police in accordance with the provisions of
3747+4 this Section.
3748+5 (b) Any person required by paragraphs (a)(1), (a)(1.5),
3749+6 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
3750+7 saliva, or tissue shall provide specimens of blood, saliva, or
3751+8 tissue within 45 days after sentencing or disposition at a
3752+9 collection site designated by the Illinois State Police.
3753+10 (c) Any person required by paragraphs (a)(3), (a)(4), and
3754+11 (a)(4.5) to provide specimens of blood, saliva, or tissue
3755+12 shall be required to provide such specimens prior to final
3756+13 discharge or within 6 months from August 13, 2009 (the
3757+14 effective date of Public Act 96-426), whichever is sooner.
3758+15 These specimens shall be placed into the State or national DNA
3759+16 database, to be used in accordance with other provisions of
3760+17 this Act, by the Illinois State Police.
3761+18 (c-5) Any person required by paragraph (a-3) to provide
3762+19 specimens of blood, saliva, or tissue shall, where feasible,
3763+20 be required to provide the specimens before being accepted for
3764+21 conditioned residency in Illinois under the interstate compact
3765+22 or agreement, but no later than 45 days after arrival in this
3766+23 State.
3767+24 (c-5.2) Unless it is determined that a registered sex
3768+25 offender has previously submitted a specimen of blood, saliva,
3769+26 or tissue that has been placed into the State DNA database, a
3770+
3771+
3772+
3773+
3774+
3775+ HB3762 Enrolled - 106 - LRB103 29450 RLC 55842 b
3776+
3777+
3778+HB3762 Enrolled- 107 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 107 - LRB103 29450 RLC 55842 b
3779+ HB3762 Enrolled - 107 - LRB103 29450 RLC 55842 b
3780+1 person registering as a sex offender shall be required to
3781+2 submit a specimen at the time of his or her initial
3782+3 registration pursuant to the Sex Offender Registration Act or,
3783+4 for a person registered as a sex offender on or prior to
3784+5 January 1, 2012 (the effective date of Public Act 97-383),
3785+6 within one year of January 1, 2012 (the effective date of
3786+7 Public Act 97-383) or at the time of his or her next required
3787+8 registration.
3788+9 (c-6) The Illinois State Police may determine which type
3789+10 of specimen or specimens, blood, saliva, or tissue, is
3790+11 acceptable for submission to the Division of Forensic Services
3791+12 for analysis. The Illinois State Police may require the
3792+13 submission of fingerprints from anyone required to give a
3793+14 specimen under this Act.
3794+15 (d) The Illinois State Police shall provide all equipment
3795+16 and instructions necessary for the collection of blood
3796+17 specimens. The collection of specimens shall be performed in a
3797+18 medically approved manner. Only a physician authorized to
3798+19 practice medicine, a registered nurse or other qualified
3799+20 person trained in venipuncture may withdraw blood for the
3800+21 purposes of this Act. The specimens shall thereafter be
3801+22 forwarded to the Illinois State Police, Division of Forensic
3802+23 Services, for analysis and categorizing into genetic marker
3803+24 groupings.
3804+25 (d-1) The Illinois State Police shall provide all
3805+26 equipment and instructions necessary for the collection of
3806+
3807+
3808+
3809+
3810+
3811+ HB3762 Enrolled - 107 - LRB103 29450 RLC 55842 b
3812+
3813+
3814+HB3762 Enrolled- 108 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 108 - LRB103 29450 RLC 55842 b
3815+ HB3762 Enrolled - 108 - LRB103 29450 RLC 55842 b
3816+1 saliva specimens. The collection of saliva specimens shall be
3817+2 performed in a medically approved manner. Only a person
3818+3 trained in the instructions promulgated by the Illinois State
3819+4 Police on collecting saliva may collect saliva for the
3820+5 purposes of this Section. The specimens shall thereafter be
3821+6 forwarded to the Illinois State Police, Division of Forensic
3822+7 Services, for analysis and categorizing into genetic marker
3823+8 groupings.
3824+9 (d-2) The Illinois State Police shall provide all
3825+10 equipment and instructions necessary for the collection of
3826+11 tissue specimens. The collection of tissue specimens shall be
3827+12 performed in a medically approved manner. Only a person
3828+13 trained in the instructions promulgated by the Illinois State
3829+14 Police on collecting tissue may collect tissue for the
3830+15 purposes of this Section. The specimens shall thereafter be
3831+16 forwarded to the Illinois State Police, Division of Forensic
3832+17 Services, for analysis and categorizing into genetic marker
3833+18 groupings.
3834+19 (d-5) To the extent that funds are available, the Illinois
3835+20 State Police shall contract with qualified personnel and
3836+21 certified laboratories for the collection, analysis, and
3837+22 categorization of known specimens, except as provided in
3838+23 subsection (n) of this Section.
3839+24 (d-6) Agencies designated by the Illinois State Police and
3840+25 the Illinois State Police may contract with third parties to
3841+26 provide for the collection or analysis of DNA, or both, of an
3842+
3843+
3844+
3845+
3846+
3847+ HB3762 Enrolled - 108 - LRB103 29450 RLC 55842 b
3848+
3849+
3850+HB3762 Enrolled- 109 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 109 - LRB103 29450 RLC 55842 b
3851+ HB3762 Enrolled - 109 - LRB103 29450 RLC 55842 b
3852+1 offender's blood, saliva, and tissue specimens, except as
3853+2 provided in subsection (n) of this Section.
3854+3 (e) The genetic marker groupings shall be maintained by
3855+4 the Illinois State Police, Division of Forensic Services.
3856+5 (f) The genetic marker grouping analysis information
3857+6 obtained pursuant to this Act shall be confidential and shall
3858+7 be released only to peace officers of the United States, of
3859+8 other states or territories, of the insular possessions of the
3860+9 United States, of foreign countries duly authorized to receive
3861+10 the same, to all peace officers of the State of Illinois and to
3862+11 all prosecutorial agencies, and to defense counsel as provided
3863+12 by Section 116-5 of the Code of Criminal Procedure of 1963. The
3864+13 genetic marker grouping analysis information obtained pursuant
3865+14 to this Act shall be used only for (i) valid law enforcement
3866+15 identification purposes and as required by the Federal Bureau
3867+16 of Investigation for participation in the National DNA
3868+17 database, (ii) technology validation purposes, (iii) a
3869+18 population statistics database, (iv) quality assurance
3870+19 purposes if personally identifying information is removed, (v)
3871+20 assisting in the defense of the criminally accused pursuant to
3872+21 Section 116-5 of the Code of Criminal Procedure of 1963, or
3873+22 (vi) identifying and assisting in the prosecution of a person
3874+23 who is suspected of committing a sexual assault as defined in
3875+24 Section 1a of the Sexual Assault Survivors Emergency Treatment
3876+25 Act. Notwithstanding any other statutory provision to the
3877+26 contrary, all information obtained under this Section shall be
3878+
3879+
3880+
3881+
3882+
3883+ HB3762 Enrolled - 109 - LRB103 29450 RLC 55842 b
3884+
3885+
3886+HB3762 Enrolled- 110 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 110 - LRB103 29450 RLC 55842 b
3887+ HB3762 Enrolled - 110 - LRB103 29450 RLC 55842 b
3888+1 maintained in a single State data base, which may be uploaded
3889+2 into a national database, and which information may be subject
3890+3 to expungement only as set forth in subsection (f-1).
3891+4 (f-1) Upon receipt of notification of a reversal of a
3892+5 conviction based on actual innocence, or of the granting of a
3893+6 pardon pursuant to Section 12 of Article V of the Illinois
3894+7 Constitution, if that pardon document specifically states that
3895+8 the reason for the pardon is the actual innocence of an
3896+9 individual whose DNA record has been stored in the State or
3897+10 national DNA identification index in accordance with this
3898+11 Section by the Illinois State Police, the DNA record shall be
3899+12 expunged from the DNA identification index, and the Department
3900+13 shall by rule prescribe procedures to ensure that the record
3901+14 and any specimens, analyses, or other documents relating to
3902+15 such record, whether in the possession of the Department or
3903+16 any law enforcement or police agency, or any forensic DNA
3904+17 laboratory, including any duplicates or copies thereof, are
3905+18 destroyed and a letter is sent to the court verifying the
3906+19 expungement is completed. For specimens required to be
3907+20 collected prior to conviction, unless the individual has other
3908+21 charges or convictions that require submission of a specimen,
3909+22 the DNA record for an individual shall be expunged from the DNA
3910+23 identification databases and the specimen destroyed upon
3911+24 receipt of a certified copy of a final court order for each
3912+25 charge against an individual in which the charge has been
3913+26 dismissed, resulted in acquittal, or that the charge was not
3914+
3915+
3916+
3917+
3918+
3919+ HB3762 Enrolled - 110 - LRB103 29450 RLC 55842 b
3920+
3921+
3922+HB3762 Enrolled- 111 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 111 - LRB103 29450 RLC 55842 b
3923+ HB3762 Enrolled - 111 - LRB103 29450 RLC 55842 b
3924+1 filed within the applicable time period. The Department shall
3925+2 by rule prescribe procedures to ensure that the record and any
3926+3 specimens in the possession or control of the Department are
3927+4 destroyed and a letter is sent to the court verifying the
3928+5 expungement is completed.
3929+6 (f-5) Any person who intentionally uses genetic marker
3930+7 grouping analysis information, or any other information
3931+8 derived from a DNA specimen, beyond the authorized uses as
3932+9 provided under this Section, or any other Illinois law, is
3933+10 guilty of a Class 4 felony, and shall be subject to a fine of
3934+11 not less than $5,000.
3935+12 (f-6) The Illinois State Police may contract with third
3936+13 parties for the purposes of implementing this amendatory Act
3937+14 of the 93rd General Assembly, except as provided in subsection
3938+15 (n) of this Section. Any other party contracting to carry out
3939+16 the functions of this Section shall be subject to the same
3940+17 restrictions and requirements of this Section insofar as
3941+18 applicable, as the Illinois State Police, and to any
3942+19 additional restrictions imposed by the Illinois State Police.
3943+20 (g) For the purposes of this Section, "qualifying offense"
3944+21 means any of the following:
3945+22 (1) any violation or inchoate violation of Section
3946+23 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
3947+24 12-16 of the Criminal Code of 1961 or the Criminal Code of
3948+25 2012;
3949+26 (1.1) any violation or inchoate violation of Section
3950+
3951+
3952+
3953+
3954+
3955+ HB3762 Enrolled - 111 - LRB103 29450 RLC 55842 b
3956+
3957+
3958+HB3762 Enrolled- 112 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 112 - LRB103 29450 RLC 55842 b
3959+ HB3762 Enrolled - 112 - LRB103 29450 RLC 55842 b
3960+1 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
3961+2 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
3962+3 1961 or the Criminal Code of 2012 for which persons are
3963+4 convicted on or after July 1, 2001;
3964+5 (2) any former statute of this State which defined a
3965+6 felony sexual offense;
3966+7 (3) (blank);
3967+8 (4) any inchoate violation of Section 9-3.1, 9-3.4,
3968+9 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
3969+10 the Criminal Code of 2012; or
3970+11 (5) any violation or inchoate violation of Article 29D
3971+12 of the Criminal Code of 1961 or the Criminal Code of 2012.
3972+13 (g-5) (Blank).
3973+14 (h) The Illinois State Police shall be the State central
3974+15 repository for all genetic marker grouping analysis
3975+16 information obtained pursuant to this Act. The Illinois State
3976+17 Police may promulgate rules for the form and manner of the
3977+18 collection of blood, saliva, or tissue specimens and other
3978+19 procedures for the operation of this Act. The provisions of
3979+20 the Administrative Review Law shall apply to all actions taken
3980+21 under the rules so promulgated.
3981+22 (i)(1) A person required to provide a blood, saliva, or
3982+23 tissue specimen shall cooperate with the collection of the
3983+24 specimen and any deliberate act by that person intended to
3984+25 impede, delay or stop the collection of the blood, saliva, or
3985+26 tissue specimen is a Class 4 felony.
3986+
3987+
3988+
3989+
3990+
3991+ HB3762 Enrolled - 112 - LRB103 29450 RLC 55842 b
3992+
3993+
3994+HB3762 Enrolled- 113 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 113 - LRB103 29450 RLC 55842 b
3995+ HB3762 Enrolled - 113 - LRB103 29450 RLC 55842 b
3996+1 (2) In the event that a person's DNA specimen is not
3997+2 adequate for any reason, the person shall provide another DNA
3998+3 specimen for analysis. Duly authorized law enforcement and
3999+4 corrections personnel may employ reasonable force in cases in
4000+5 which an individual refuses to provide a DNA specimen required
4001+6 under this Act.
4002+7 (j) (Blank).
4003+8 (k) All analysis and categorization assessments provided
4004+9 under the Criminal and Traffic Assessments Act to the State
4005+10 Crime Laboratory Fund shall be regulated as follows:
4006+11 (1) (Blank).
4007+12 (2) (Blank).
4008+13 (3) Moneys deposited into the State Crime Laboratory
4009+14 Fund shall be used by Illinois State Police crime
4010+15 laboratories as designated by the Director of the Illinois
4011+16 State Police. These funds shall be in addition to any
4012+17 allocations made pursuant to existing laws and shall be
4013+18 designated for the exclusive use of State crime
4014+19 laboratories. These uses may include, but are not limited
4015+20 to, the following:
4016+21 (A) Costs incurred in providing analysis and
4017+22 genetic marker categorization as required by
4018+23 subsection (d).
4019+24 (B) Costs incurred in maintaining genetic marker
4020+25 groupings as required by subsection (e).
4021+26 (C) Costs incurred in the purchase and maintenance
4022+
4023+
4024+
4025+
4026+
4027+ HB3762 Enrolled - 113 - LRB103 29450 RLC 55842 b
4028+
4029+
4030+HB3762 Enrolled- 114 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 114 - LRB103 29450 RLC 55842 b
4031+ HB3762 Enrolled - 114 - LRB103 29450 RLC 55842 b
4032+1 of equipment for use in performing analyses.
4033+2 (D) Costs incurred in continuing research and
4034+3 development of new techniques for analysis and genetic
4035+4 marker categorization.
4036+5 (E) Costs incurred in continuing education,
4037+6 training, and professional development of forensic
4038+7 scientists regularly employed by these laboratories.
4039+8 (l) The failure of a person to provide a specimen, or of
4040+9 any person or agency to collect a specimen, shall in no way
4041+10 alter the obligation of the person to submit such specimen, or
4042+11 the authority of the Illinois State Police or persons
4043+12 designated by the Illinois State Police to collect the
4044+13 specimen, or the authority of the Illinois State Police to
4045+14 accept, analyze and maintain the specimen or to maintain or
4046+15 upload results of genetic marker grouping analysis information
4047+16 into a State or national database.
4048+17 (m) If any provision of this amendatory Act of the 93rd
4049+18 General Assembly is held unconstitutional or otherwise
4050+19 invalid, the remainder of this amendatory Act of the 93rd
4051+20 General Assembly is not affected.
4052+21 (n) Neither the Illinois State Police, the Division of
4053+22 Forensic Services, nor any laboratory of the Division of
4054+23 Forensic Services may contract out forensic testing for the
4055+24 purpose of an active investigation or a matter pending before
4056+25 a court of competent jurisdiction without the written consent
4057+26 of the prosecuting agency. For the purposes of this subsection
4058+
4059+
4060+
4061+
4062+
4063+ HB3762 Enrolled - 114 - LRB103 29450 RLC 55842 b
4064+
4065+
4066+HB3762 Enrolled- 115 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 115 - LRB103 29450 RLC 55842 b
4067+ HB3762 Enrolled - 115 - LRB103 29450 RLC 55842 b
4068+1 (n), "forensic testing" includes the analysis of physical
4069+2 evidence in an investigation or other proceeding for the
4070+3 prosecution of a violation of the Criminal Code of 1961 or the
4071+4 Criminal Code of 2012 or for matters adjudicated under the
4072+5 Juvenile Court Act of 1987, and includes the use of forensic
4073+6 databases and databanks, including DNA, firearm, and
4074+7 fingerprint databases, and expert testimony.
4075+8 (o) Mistake does not invalidate a database match. The
4076+9 detention, arrest, or conviction of a person based upon a
4077+10 database match or database information is not invalidated if
4078+11 it is determined that the specimen was obtained or placed in
4079+12 the database by mistake.
4080+13 (p) This Section may be referred to as the Illinois DNA
4081+14 Database Law of 2011.
4082+15 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
4083+16 (730 ILCS 5/5-4.5-20)
4084+17 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
4085+18 degree murder:
4086+19 (a) TERM. The defendant shall be sentenced to imprisonment
4087+20 or, if appropriate, death under Section 9-1 of the Criminal
4088+21 Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
4089+22 Imprisonment shall be for a determinate term, subject to
4090+23 Section 5-4.5-115 of this Code, of (1) not less than 20 years
4091+24 and not more than 60 years; (2) not less than 60 years and not
4092+25 more than 100 years when an extended term is imposed under
4093+
4094+
4095+
4096+
4097+
4098+ HB3762 Enrolled - 115 - LRB103 29450 RLC 55842 b
4099+
4100+
4101+HB3762 Enrolled- 116 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 116 - LRB103 29450 RLC 55842 b
4102+ HB3762 Enrolled - 116 - LRB103 29450 RLC 55842 b
4103+1 Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
4104+2 provided in Section 5-8-1 (730 ILCS 5/5-8-1).
4105+3 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
4106+4 shall not be imposed.
4107+5 (c) IMPACT INCARCERATION. The impact incarceration program
4108+6 or the county impact incarceration program is not an
4109+7 authorized disposition.
4110+8 (d) PROBATION; CONDITIONAL DISCHARGE. A period of
4111+9 probation or conditional discharge shall not be imposed.
4112+10 (e) FINE. Fines may be imposed as provided in Section
4113+11 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
4114+12 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
4115+13 concerning restitution.
4116+14 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
4117+15 be concurrent or consecutive as provided in Section 5-8-4 (730
4118+16 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
4119+17 (h) DRUG COURT. Drug court is not an authorized
4120+18 disposition.
4121+19 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4122+20 ILCS 5/5-4.5-100) concerning no credit for time spent in home
4123+21 detention prior to judgment.
4124+22 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
4125+23 for rules and regulations for sentence credit.
4126+24 (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
4127+25 monitoring and home detention are not authorized dispositions,
4128+26 except in limited circumstances as provided in Section 5-8A-3
4129+
4130+
4131+
4132+
4133+
4134+ HB3762 Enrolled - 116 - LRB103 29450 RLC 55842 b
4135+
4136+
4137+HB3762 Enrolled- 117 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 117 - LRB103 29450 RLC 55842 b
4138+ HB3762 Enrolled - 117 - LRB103 29450 RLC 55842 b
4139+1 (730 ILCS 5/5-8A-3).
4140+2 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
4141+3 provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
4142+4 mandatory supervised release term shall be 3 years upon
4143+5 release from imprisonment.
4144+6 (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
4145+7 101-288, eff. 1-1-20.)
4146+8 (730 ILCS 5/5-5-3)
4147+9 Sec. 5-5-3. Disposition.
4148+10 (a) (Blank).
4149+11 (b) (Blank).
4150+12 (c) (1) (Blank).
4151+13 (2) A period of probation, a term of periodic imprisonment
4152+14 or conditional discharge shall not be imposed for the
4153+15 following offenses. The court shall sentence the offender to
4154+16 not less than the minimum term of imprisonment set forth in
4155+17 this Code for the following offenses, and may order a fine or
4156+18 restitution or both in conjunction with such term of
4157+19 imprisonment:
4158+20 (A) First degree murder where the death penalty is not
4159+21 imposed.
4160+22 (B) Attempted first degree murder.
4161+23 (C) A Class X felony.
4162+24 (D) A violation of Section 401.1 or 407 of the
4163+25 Illinois Controlled Substances Act, or a violation of
4164+
4165+
4166+
4167+
4168+
4169+ HB3762 Enrolled - 117 - LRB103 29450 RLC 55842 b
4170+
4171+
4172+HB3762 Enrolled- 118 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 118 - LRB103 29450 RLC 55842 b
4173+ HB3762 Enrolled - 118 - LRB103 29450 RLC 55842 b
4174+1 subdivision (c)(1.5) of Section 401 of that Act which
4175+2 relates to more than 5 grams of a substance containing
4176+3 fentanyl or an analog thereof.
4177+4 (D-5) A violation of subdivision (c)(1) of Section 401
4178+5 of the Illinois Controlled Substances Act which relates to
4179+6 3 or more grams of a substance containing heroin or an
4180+7 analog thereof.
4181+8 (E) (Blank).
4182+9 (F) A Class 1 or greater felony if the offender had
4183+10 been convicted of a Class 1 or greater felony, including
4184+11 any state or federal conviction for an offense that
4185+12 contained, at the time it was committed, the same elements
4186+13 as an offense now (the date of the offense committed after
4187+14 the prior Class 1 or greater felony) classified as a Class
4188+15 1 or greater felony, within 10 years of the date on which
4189+16 the offender committed the offense for which he or she is
4190+17 being sentenced, except as otherwise provided in Section
4191+18 40-10 of the Substance Use Disorder Act.
4192+19 (F-3) A Class 2 or greater felony sex offense or
4193+20 felony firearm offense if the offender had been convicted
4194+21 of a Class 2 or greater felony, including any state or
4195+22 federal conviction for an offense that contained, at the
4196+23 time it was committed, the same elements as an offense now
4197+24 (the date of the offense committed after the prior Class 2
4198+25 or greater felony) classified as a Class 2 or greater
4199+26 felony, within 10 years of the date on which the offender
4200+
4201+
4202+
4203+
4204+
4205+ HB3762 Enrolled - 118 - LRB103 29450 RLC 55842 b
4206+
4207+
4208+HB3762 Enrolled- 119 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 119 - LRB103 29450 RLC 55842 b
4209+ HB3762 Enrolled - 119 - LRB103 29450 RLC 55842 b
4210+1 committed the offense for which he or she is being
4211+2 sentenced, except as otherwise provided in Section 40-10
4212+3 of the Substance Use Disorder Act.
4213+4 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
4214+5 of the Criminal Code of 1961 or the Criminal Code of 2012
4215+6 for which imprisonment is prescribed in those Sections.
4216+7 (G) Residential burglary, except as otherwise provided
4217+8 in Section 40-10 of the Substance Use Disorder Act.
4218+9 (H) Criminal sexual assault.
4219+10 (I) Aggravated battery of a senior citizen as
4220+11 described in Section 12-4.6 or subdivision (a)(4) of
4221+12 Section 12-3.05 of the Criminal Code of 1961 or the
4222+13 Criminal Code of 2012.
4223+14 (J) A forcible felony if the offense was related to
4224+15 the activities of an organized gang.
4225+16 Before July 1, 1994, for the purposes of this
4226+17 paragraph, "organized gang" means an association of 5 or
4227+18 more persons, with an established hierarchy, that
4228+19 encourages members of the association to perpetrate crimes
4229+20 or provides support to the members of the association who
4230+21 do commit crimes.
4231+22 Beginning July 1, 1994, for the purposes of this
4232+23 paragraph, "organized gang" has the meaning ascribed to it
4233+24 in Section 10 of the Illinois Streetgang Terrorism Omnibus
4234+25 Prevention Act.
4235+26 (K) Vehicular hijacking.
4236+
4237+
4238+
4239+
4240+
4241+ HB3762 Enrolled - 119 - LRB103 29450 RLC 55842 b
4242+
4243+
4244+HB3762 Enrolled- 120 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 120 - LRB103 29450 RLC 55842 b
4245+ HB3762 Enrolled - 120 - LRB103 29450 RLC 55842 b
4246+1 (L) A second or subsequent conviction for the offense
4247+2 of hate crime when the underlying offense upon which the
4248+3 hate crime is based is felony aggravated assault or felony
4249+4 mob action.
4250+5 (M) A second or subsequent conviction for the offense
4251+6 of institutional vandalism if the damage to the property
4252+7 exceeds $300.
4253+8 (N) A Class 3 felony violation of paragraph (1) of
4254+9 subsection (a) of Section 2 of the Firearm Owners
4255+10 Identification Card Act.
4256+11 (O) A violation of Section 12-6.1 or 12-6.5 of the
4257+12 Criminal Code of 1961 or the Criminal Code of 2012.
4258+13 (P) A violation of paragraph (1), (2), (3), (4), (5),
4259+14 or (7) of subsection (a) of Section 11-20.1 of the
4260+15 Criminal Code of 1961 or the Criminal Code of 2012.
4261+16 (P-5) A violation of paragraph (6) of subsection (a)
4262+17 of Section 11-20.1 of the Criminal Code of 1961 or the
4263+18 Criminal Code of 2012 if the victim is a household or
4264+19 family member of the defendant.
4265+20 (Q) A violation of subsection (b) or (b-5) of Section
4266+21 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
4267+22 Code of 1961 or the Criminal Code of 2012.
4268+23 (R) A violation of Section 24-3A of the Criminal Code
4269+24 of 1961 or the Criminal Code of 2012.
4270+25 (S) (Blank).
4271+26 (T) (Blank).
4272+
4273+
4274+
4275+
4276+
4277+ HB3762 Enrolled - 120 - LRB103 29450 RLC 55842 b
4278+
4279+
4280+HB3762 Enrolled- 121 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 121 - LRB103 29450 RLC 55842 b
4281+ HB3762 Enrolled - 121 - LRB103 29450 RLC 55842 b
4282+1 (U) A second or subsequent violation of Section 6-303
4283+2 of the Illinois Vehicle Code committed while his or her
4284+3 driver's license, permit, or privilege was revoked because
4285+4 of a violation of Section 9-3 of the Criminal Code of 1961
4286+5 or the Criminal Code of 2012, relating to the offense of
4287+6 reckless homicide, or a similar provision of a law of
4288+7 another state.
4289+8 (V) A violation of paragraph (4) of subsection (c) of
4290+9 Section 11-20.1B or paragraph (4) of subsection (c) of
4291+10 Section 11-20.3 of the Criminal Code of 1961, or paragraph
4292+11 (6) of subsection (a) of Section 11-20.1 of the Criminal
4293+12 Code of 2012 when the victim is under 13 years of age and
4294+13 the defendant has previously been convicted under the laws
4295+14 of this State or any other state of the offense of child
4296+15 pornography, aggravated child pornography, aggravated
4297+16 criminal sexual abuse, aggravated criminal sexual assault,
4298+17 predatory criminal sexual assault of a child, or any of
4299+18 the offenses formerly known as rape, deviate sexual
4300+19 assault, indecent liberties with a child, or aggravated
4301+20 indecent liberties with a child where the victim was under
4302+21 the age of 18 years or an offense that is substantially
4303+22 equivalent to those offenses.
4304+23 (W) A violation of Section 24-3.5 of the Criminal Code
4305+24 of 1961 or the Criminal Code of 2012.
4306+25 (X) A violation of subsection (a) of Section 31-1a of
4307+26 the Criminal Code of 1961 or the Criminal Code of 2012.
4308+
4309+
4310+
4311+
4312+
4313+ HB3762 Enrolled - 121 - LRB103 29450 RLC 55842 b
4314+
4315+
4316+HB3762 Enrolled- 122 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 122 - LRB103 29450 RLC 55842 b
4317+ HB3762 Enrolled - 122 - LRB103 29450 RLC 55842 b
4318+1 (Y) A conviction for unlawful possession of a firearm
4319+2 by a street gang member when the firearm was loaded or
4320+3 contained firearm ammunition.
4321+4 (Z) A Class 1 felony committed while he or she was
4322+5 serving a term of probation or conditional discharge for a
4323+6 felony.
4324+7 (AA) Theft of property exceeding $500,000 and not
4325+8 exceeding $1,000,000 in value.
4326+9 (BB) Laundering of criminally derived property of a
4327+10 value exceeding $500,000.
4328+11 (CC) Knowingly selling, offering for sale, holding for
4329+12 sale, or using 2,000 or more counterfeit items or
4330+13 counterfeit items having a retail value in the aggregate
4331+14 of $500,000 or more.
4332+15 (DD) A conviction for aggravated assault under
4333+16 paragraph (6) of subsection (c) of Section 12-2 of the
4334+17 Criminal Code of 1961 or the Criminal Code of 2012 if the
4335+18 firearm is aimed toward the person against whom the
4336+19 firearm is being used.
4337+20 (EE) A conviction for a violation of paragraph (2) of
4338+21 subsection (a) of Section 24-3B of the Criminal Code of
4339+22 2012.
4340+23 (3) (Blank).
4341+24 (4) A minimum term of imprisonment of not less than 10
4342+25 consecutive days or 30 days of community service shall be
4343+26 imposed for a violation of paragraph (c) of Section 6-303 of
4344+
4345+
4346+
4347+
4348+
4349+ HB3762 Enrolled - 122 - LRB103 29450 RLC 55842 b
4350+
4351+
4352+HB3762 Enrolled- 123 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 123 - LRB103 29450 RLC 55842 b
4353+ HB3762 Enrolled - 123 - LRB103 29450 RLC 55842 b
4354+1 the Illinois Vehicle Code.
4355+2 (4.1) (Blank).
4356+3 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
4357+4 this subsection (c), a minimum of 100 hours of community
4358+5 service shall be imposed for a second violation of Section
4359+6 6-303 of the Illinois Vehicle Code.
4360+7 (4.3) A minimum term of imprisonment of 30 days or 300
4361+8 hours of community service, as determined by the court, shall
4362+9 be imposed for a second violation of subsection (c) of Section
4363+10 6-303 of the Illinois Vehicle Code.
4364+11 (4.4) Except as provided in paragraphs (4.5), (4.6), and
4365+12 (4.9) of this subsection (c), a minimum term of imprisonment
4366+13 of 30 days or 300 hours of community service, as determined by
4367+14 the court, shall be imposed for a third or subsequent
4368+15 violation of Section 6-303 of the Illinois Vehicle Code. The
4369+16 court may give credit toward the fulfillment of community
4370+17 service hours for participation in activities and treatment as
4371+18 determined by court services.
4372+19 (4.5) A minimum term of imprisonment of 30 days shall be
4373+20 imposed for a third violation of subsection (c) of Section
4374+21 6-303 of the Illinois Vehicle Code.
4375+22 (4.6) Except as provided in paragraph (4.10) of this
4376+23 subsection (c), a minimum term of imprisonment of 180 days
4377+24 shall be imposed for a fourth or subsequent violation of
4378+25 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
4379+26 (4.7) A minimum term of imprisonment of not less than 30
4380+
4381+
4382+
4383+
4384+
4385+ HB3762 Enrolled - 123 - LRB103 29450 RLC 55842 b
4386+
4387+
4388+HB3762 Enrolled- 124 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 124 - LRB103 29450 RLC 55842 b
4389+ HB3762 Enrolled - 124 - LRB103 29450 RLC 55842 b
4390+1 consecutive days, or 300 hours of community service, shall be
4391+2 imposed for a violation of subsection (a-5) of Section 6-303
4392+3 of the Illinois Vehicle Code, as provided in subsection (b-5)
4393+4 of that Section.
4394+5 (4.8) A mandatory prison sentence shall be imposed for a
4395+6 second violation of subsection (a-5) of Section 6-303 of the
4396+7 Illinois Vehicle Code, as provided in subsection (c-5) of that
4397+8 Section. The person's driving privileges shall be revoked for
4398+9 a period of not less than 5 years from the date of his or her
4399+10 release from prison.
4400+11 (4.9) A mandatory prison sentence of not less than 4 and
4401+12 not more than 15 years shall be imposed for a third violation
4402+13 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
4403+14 Code, as provided in subsection (d-2.5) of that Section. The
4404+15 person's driving privileges shall be revoked for the remainder
4405+16 of his or her life.
4406+17 (4.10) A mandatory prison sentence for a Class 1 felony
4407+18 shall be imposed, and the person shall be eligible for an
4408+19 extended term sentence, for a fourth or subsequent violation
4409+20 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
4410+21 Code, as provided in subsection (d-3.5) of that Section. The
4411+22 person's driving privileges shall be revoked for the remainder
4412+23 of his or her life.
4413+24 (5) The court may sentence a corporation or unincorporated
4414+25 association convicted of any offense to:
4415+26 (A) a period of conditional discharge;
4416+
4417+
4418+
4419+
4420+
4421+ HB3762 Enrolled - 124 - LRB103 29450 RLC 55842 b
4422+
4423+
4424+HB3762 Enrolled- 125 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 125 - LRB103 29450 RLC 55842 b
4425+ HB3762 Enrolled - 125 - LRB103 29450 RLC 55842 b
4426+1 (B) a fine;
4427+2 (C) make restitution to the victim under Section 5-5-6
4428+3 of this Code.
4429+4 (5.1) In addition to any other penalties imposed, and
4430+5 except as provided in paragraph (5.2) or (5.3), a person
4431+6 convicted of violating subsection (c) of Section 11-907 of the
4432+7 Illinois Vehicle Code shall have his or her driver's license,
4433+8 permit, or privileges suspended for at least 90 days but not
4434+9 more than one year, if the violation resulted in damage to the
4435+10 property of another person.
4436+11 (5.2) In addition to any other penalties imposed, and
4437+12 except as provided in paragraph (5.3), a person convicted of
4438+13 violating subsection (c) of Section 11-907 of the Illinois
4439+14 Vehicle Code shall have his or her driver's license, permit,
4440+15 or privileges suspended for at least 180 days but not more than
4441+16 2 years, if the violation resulted in injury to another
4442+17 person.
4443+18 (5.3) In addition to any other penalties imposed, a person
4444+19 convicted of violating subsection (c) of Section 11-907 of the
4445+20 Illinois Vehicle Code shall have his or her driver's license,
4446+21 permit, or privileges suspended for 2 years, if the violation
4447+22 resulted in the death of another person.
4448+23 (5.4) In addition to any other penalties imposed, a person
4449+24 convicted of violating Section 3-707 of the Illinois Vehicle
4450+25 Code shall have his or her driver's license, permit, or
4451+26 privileges suspended for 3 months and until he or she has paid
4452+
4453+
4454+
4455+
4456+
4457+ HB3762 Enrolled - 125 - LRB103 29450 RLC 55842 b
4458+
4459+
4460+HB3762 Enrolled- 126 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 126 - LRB103 29450 RLC 55842 b
4461+ HB3762 Enrolled - 126 - LRB103 29450 RLC 55842 b
4462+1 a reinstatement fee of $100.
4463+2 (5.5) In addition to any other penalties imposed, a person
4464+3 convicted of violating Section 3-707 of the Illinois Vehicle
4465+4 Code during a period in which his or her driver's license,
4466+5 permit, or privileges were suspended for a previous violation
4467+6 of that Section shall have his or her driver's license,
4468+7 permit, or privileges suspended for an additional 6 months
4469+8 after the expiration of the original 3-month suspension and
4470+9 until he or she has paid a reinstatement fee of $100.
4471+10 (6) (Blank).
4472+11 (7) (Blank).
4473+12 (8) (Blank).
4474+13 (9) A defendant convicted of a second or subsequent
4475+14 offense of ritualized abuse of a child may be sentenced to a
4476+15 term of natural life imprisonment.
4477+16 (10) (Blank).
4478+17 (11) The court shall impose a minimum fine of $1,000 for a
4479+18 first offense and $2,000 for a second or subsequent offense
4480+19 upon a person convicted of or placed on supervision for
4481+20 battery when the individual harmed was a sports official or
4482+21 coach at any level of competition and the act causing harm to
4483+22 the sports official or coach occurred within an athletic
4484+23 facility or within the immediate vicinity of the athletic
4485+24 facility at which the sports official or coach was an active
4486+25 participant of the athletic contest held at the athletic
4487+26 facility. For the purposes of this paragraph (11), "sports
4488+
4489+
4490+
4491+
4492+
4493+ HB3762 Enrolled - 126 - LRB103 29450 RLC 55842 b
4494+
4495+
4496+HB3762 Enrolled- 127 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 127 - LRB103 29450 RLC 55842 b
4497+ HB3762 Enrolled - 127 - LRB103 29450 RLC 55842 b
4498+1 official" means a person at an athletic contest who enforces
4499+2 the rules of the contest, such as an umpire or referee;
4500+3 "athletic facility" means an indoor or outdoor playing field
4501+4 or recreational area where sports activities are conducted;
4502+5 and "coach" means a person recognized as a coach by the
4503+6 sanctioning authority that conducted the sporting event.
4504+7 (12) A person may not receive a disposition of court
4505+8 supervision for a violation of Section 5-16 of the Boat
4506+9 Registration and Safety Act if that person has previously
4507+10 received a disposition of court supervision for a violation of
4508+11 that Section.
4509+12 (13) A person convicted of or placed on court supervision
4510+13 for an assault or aggravated assault when the victim and the
4511+14 offender are family or household members as defined in Section
4512+15 103 of the Illinois Domestic Violence Act of 1986 or convicted
4513+16 of domestic battery or aggravated domestic battery may be
4514+17 required to attend a Partner Abuse Intervention Program under
4515+18 protocols set forth by the Illinois Department of Human
4516+19 Services under such terms and conditions imposed by the court.
4517+20 The costs of such classes shall be paid by the offender.
4518+21 (d) In any case in which a sentence originally imposed is
4519+22 vacated, the case shall be remanded to the trial court. The
4520+23 trial court shall hold a hearing under Section 5-4-1 of this
4521+24 Code which may include evidence of the defendant's life, moral
4522+25 character and occupation during the time since the original
4523+26 sentence was passed. The trial court shall then impose
4524+
4525+
4526+
4527+
4528+
4529+ HB3762 Enrolled - 127 - LRB103 29450 RLC 55842 b
4530+
4531+
4532+HB3762 Enrolled- 128 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 128 - LRB103 29450 RLC 55842 b
4533+ HB3762 Enrolled - 128 - LRB103 29450 RLC 55842 b
4534+1 sentence upon the defendant. The trial court may impose any
4535+2 sentence which could have been imposed at the original trial
4536+3 subject to Section 5-5-4 of this Code. If a sentence is vacated
4537+4 on appeal or on collateral attack due to the failure of the
4538+5 trier of fact at trial to determine beyond a reasonable doubt
4539+6 the existence of a fact (other than a prior conviction)
4540+7 necessary to increase the punishment for the offense beyond
4541+8 the statutory maximum otherwise applicable, either the
4542+9 defendant may be re-sentenced to a term within the range
4543+10 otherwise provided or, if the State files notice of its
4544+11 intention to again seek the extended sentence, the defendant
4545+12 shall be afforded a new trial.
4546+13 (e) In cases where prosecution for aggravated criminal
4547+14 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
4548+15 Code of 1961 or the Criminal Code of 2012 results in conviction
4549+16 of a defendant who was a family member of the victim at the
4550+17 time of the commission of the offense, the court shall
4551+18 consider the safety and welfare of the victim and may impose a
4552+19 sentence of probation only where:
4553+20 (1) the court finds (A) or (B) or both are
4554+21 appropriate:
4555+22 (A) the defendant is willing to undergo a court
4556+23 approved counseling program for a minimum duration of
4557+24 2 years; or
4558+25 (B) the defendant is willing to participate in a
4559+26 court approved plan, including, but not limited to,
4560+
4561+
4562+
4563+
4564+
4565+ HB3762 Enrolled - 128 - LRB103 29450 RLC 55842 b
4566+
4567+
4568+HB3762 Enrolled- 129 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 129 - LRB103 29450 RLC 55842 b
4569+ HB3762 Enrolled - 129 - LRB103 29450 RLC 55842 b
4570+1 the defendant's:
4571+2 (i) removal from the household;
4572+3 (ii) restricted contact with the victim;
4573+4 (iii) continued financial support of the
4574+5 family;
4575+6 (iv) restitution for harm done to the victim;
4576+7 and
4577+8 (v) compliance with any other measures that
4578+9 the court may deem appropriate; and
4579+10 (2) the court orders the defendant to pay for the
4580+11 victim's counseling services, to the extent that the court
4581+12 finds, after considering the defendant's income and
4582+13 assets, that the defendant is financially capable of
4583+14 paying for such services, if the victim was under 18 years
4584+15 of age at the time the offense was committed and requires
4585+16 counseling as a result of the offense.
4586+17 Probation may be revoked or modified pursuant to Section
4587+18 5-6-4; except where the court determines at the hearing that
4588+19 the defendant violated a condition of his or her probation
4589+20 restricting contact with the victim or other family members or
4590+21 commits another offense with the victim or other family
4591+22 members, the court shall revoke the defendant's probation and
4592+23 impose a term of imprisonment.
4593+24 For the purposes of this Section, "family member" and
4594+25 "victim" shall have the meanings ascribed to them in Section
4595+26 11-0.1 of the Criminal Code of 2012.
4596+
4597+
4598+
4599+
4600+
4601+ HB3762 Enrolled - 129 - LRB103 29450 RLC 55842 b
4602+
4603+
4604+HB3762 Enrolled- 130 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 130 - LRB103 29450 RLC 55842 b
4605+ HB3762 Enrolled - 130 - LRB103 29450 RLC 55842 b
4606+1 (f) (Blank).
4607+2 (g) Whenever a defendant is convicted of an offense under
4608+3 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
4609+4 11-14.3, 11-14.4 except for an offense that involves keeping a
4610+5 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
4611+6 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
4612+7 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
4613+8 Criminal Code of 2012, the defendant shall undergo medical
4614+9 testing to determine whether the defendant has any sexually
4615+10 transmissible disease, including a test for infection with
4616+11 human immunodeficiency virus (HIV) or any other identified
4617+12 causative agent of acquired immunodeficiency syndrome (AIDS).
4618+13 Any such medical test shall be performed only by appropriately
4619+14 licensed medical practitioners and may include an analysis of
4620+15 any bodily fluids as well as an examination of the defendant's
4621+16 person. Except as otherwise provided by law, the results of
4622+17 such test shall be kept strictly confidential by all medical
4623+18 personnel involved in the testing and must be personally
4624+19 delivered in a sealed envelope to the judge of the court in
4625+20 which the conviction was entered for the judge's inspection in
4626+21 camera. Acting in accordance with the best interests of the
4627+22 victim and the public, the judge shall have the discretion to
4628+23 determine to whom, if anyone, the results of the testing may be
4629+24 revealed. The court shall notify the defendant of the test
4630+25 results. The court shall also notify the victim if requested
4631+26 by the victim, and if the victim is under the age of 15 and if
4632+
4633+
4634+
4635+
4636+
4637+ HB3762 Enrolled - 130 - LRB103 29450 RLC 55842 b
4638+
4639+
4640+HB3762 Enrolled- 131 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 131 - LRB103 29450 RLC 55842 b
4641+ HB3762 Enrolled - 131 - LRB103 29450 RLC 55842 b
4642+1 requested by the victim's parents or legal guardian, the court
4643+2 shall notify the victim's parents or legal guardian of the
4644+3 test results. The court shall provide information on the
4645+4 availability of HIV testing and counseling at Department of
4646+5 Public Health facilities to all parties to whom the results of
4647+6 the testing are revealed and shall direct the State's Attorney
4648+7 to provide the information to the victim when possible. The
4649+8 court shall order that the cost of any such test shall be paid
4650+9 by the county and may be taxed as costs against the convicted
4651+10 defendant.
4652+11 (g-5) When an inmate is tested for an airborne
4653+12 communicable disease, as determined by the Illinois Department
4654+13 of Public Health, including, but not limited to, tuberculosis,
4655+14 the results of the test shall be personally delivered by the
4656+15 warden or his or her designee in a sealed envelope to the judge
4657+16 of the court in which the inmate must appear for the judge's
4658+17 inspection in camera if requested by the judge. Acting in
4659+18 accordance with the best interests of those in the courtroom,
4660+19 the judge shall have the discretion to determine what if any
4661+20 precautions need to be taken to prevent transmission of the
4662+21 disease in the courtroom.
4663+22 (h) Whenever a defendant is convicted of an offense under
4664+23 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4665+24 defendant shall undergo medical testing to determine whether
4666+25 the defendant has been exposed to human immunodeficiency virus
4667+26 (HIV) or any other identified causative agent of acquired
4668+
4669+
4670+
4671+
4672+
4673+ HB3762 Enrolled - 131 - LRB103 29450 RLC 55842 b
4674+
4675+
4676+HB3762 Enrolled- 132 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 132 - LRB103 29450 RLC 55842 b
4677+ HB3762 Enrolled - 132 - LRB103 29450 RLC 55842 b
4678+1 immunodeficiency syndrome (AIDS). Except as otherwise provided
4679+2 by law, the results of such test shall be kept strictly
4680+3 confidential by all medical personnel involved in the testing
4681+4 and must be personally delivered in a sealed envelope to the
4682+5 judge of the court in which the conviction was entered for the
4683+6 judge's inspection in camera. Acting in accordance with the
4684+7 best interests of the public, the judge shall have the
4685+8 discretion to determine to whom, if anyone, the results of the
4686+9 testing may be revealed. The court shall notify the defendant
4687+10 of a positive test showing an infection with the human
4688+11 immunodeficiency virus (HIV). The court shall provide
4689+12 information on the availability of HIV testing and counseling
4690+13 at Department of Public Health facilities to all parties to
4691+14 whom the results of the testing are revealed and shall direct
4692+15 the State's Attorney to provide the information to the victim
4693+16 when possible. The court shall order that the cost of any such
4694+17 test shall be paid by the county and may be taxed as costs
4695+18 against the convicted defendant.
4696+19 (i) All fines and penalties imposed under this Section for
4697+20 any violation of Chapters 3, 4, 6, and 11 of the Illinois
4698+21 Vehicle Code, or a similar provision of a local ordinance, and
4699+22 any violation of the Child Passenger Protection Act, or a
4700+23 similar provision of a local ordinance, shall be collected and
4701+24 disbursed by the circuit clerk as provided under the Criminal
4702+25 and Traffic Assessment Act.
4703+26 (j) In cases when prosecution for any violation of Section
4704+
4705+
4706+
4707+
4708+
4709+ HB3762 Enrolled - 132 - LRB103 29450 RLC 55842 b
4710+
4711+
4712+HB3762 Enrolled- 133 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 133 - LRB103 29450 RLC 55842 b
4713+ HB3762 Enrolled - 133 - LRB103 29450 RLC 55842 b
4714+1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
4715+2 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
4716+3 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
4717+4 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
4718+5 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
4719+6 Code of 2012, any violation of the Illinois Controlled
4720+7 Substances Act, any violation of the Cannabis Control Act, or
4721+8 any violation of the Methamphetamine Control and Community
4722+9 Protection Act results in conviction, a disposition of court
4723+10 supervision, or an order of probation granted under Section 10
4724+11 of the Cannabis Control Act, Section 410 of the Illinois
4725+12 Controlled Substances Act, or Section 70 of the
4726+13 Methamphetamine Control and Community Protection Act of a
4727+14 defendant, the court shall determine whether the defendant is
4728+15 employed by a facility or center as defined under the Child
4729+16 Care Act of 1969, a public or private elementary or secondary
4730+17 school, or otherwise works with children under 18 years of age
4731+18 on a daily basis. When a defendant is so employed, the court
4732+19 shall order the Clerk of the Court to send a copy of the
4733+20 judgment of conviction or order of supervision or probation to
4734+21 the defendant's employer by certified mail. If the employer of
4735+22 the defendant is a school, the Clerk of the Court shall direct
4736+23 the mailing of a copy of the judgment of conviction or order of
4737+24 supervision or probation to the appropriate regional
4738+25 superintendent of schools. The regional superintendent of
4739+26 schools shall notify the State Board of Education of any
4740+
4741+
4742+
4743+
4744+
4745+ HB3762 Enrolled - 133 - LRB103 29450 RLC 55842 b
4746+
4747+
4748+HB3762 Enrolled- 134 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 134 - LRB103 29450 RLC 55842 b
4749+ HB3762 Enrolled - 134 - LRB103 29450 RLC 55842 b
4750+1 notification under this subsection.
4751+2 (j-5) A defendant at least 17 years of age who is convicted
4752+3 of a felony and who has not been previously convicted of a
4753+4 misdemeanor or felony and who is sentenced to a term of
4754+5 imprisonment in the Illinois Department of Corrections shall
4755+6 as a condition of his or her sentence be required by the court
4756+7 to attend educational courses designed to prepare the
4757+8 defendant for a high school diploma and to work toward a high
4758+9 school diploma or to work toward passing high school
4759+10 equivalency testing or to work toward completing a vocational
4760+11 training program offered by the Department of Corrections. If
4761+12 a defendant fails to complete the educational training
4762+13 required by his or her sentence during the term of
4763+14 incarceration, the Prisoner Review Board shall, as a condition
4764+15 of mandatory supervised release, require the defendant, at his
4765+16 or her own expense, to pursue a course of study toward a high
4766+17 school diploma or passage of high school equivalency testing.
4767+18 The Prisoner Review Board shall revoke the mandatory
4768+19 supervised release of a defendant who wilfully fails to comply
4769+20 with this subsection (j-5) upon his or her release from
4770+21 confinement in a penal institution while serving a mandatory
4771+22 supervised release term; however, the inability of the
4772+23 defendant after making a good faith effort to obtain financial
4773+24 aid or pay for the educational training shall not be deemed a
4774+25 wilful failure to comply. The Prisoner Review Board shall
4775+26 recommit the defendant whose mandatory supervised release term
4776+
4777+
4778+
4779+
4780+
4781+ HB3762 Enrolled - 134 - LRB103 29450 RLC 55842 b
4782+
4783+
4784+HB3762 Enrolled- 135 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 135 - LRB103 29450 RLC 55842 b
4785+ HB3762 Enrolled - 135 - LRB103 29450 RLC 55842 b
4786+1 has been revoked under this subsection (j-5) as provided in
4787+2 Section 3-3-9. This subsection (j-5) does not apply to a
4788+3 defendant who has a high school diploma or has successfully
4789+4 passed high school equivalency testing. This subsection (j-5)
4790+5 does not apply to a defendant who is determined by the court to
4791+6 be a person with a developmental disability or otherwise
4792+7 mentally incapable of completing the educational or vocational
4793+8 program.
4794+9 (k) (Blank).
4795+10 (l) (A) Except as provided in paragraph (C) of subsection
4796+11 (l), whenever a defendant, who is not a citizen or national of
4797+12 the United States, is convicted of any felony or misdemeanor
4798+13 offense, the court after sentencing the defendant may, upon
4799+14 motion of the State's Attorney, hold sentence in abeyance and
4800+15 remand the defendant to the custody of the Attorney General of
4801+16 the United States or his or her designated agent to be deported
4802+17 when:
4803+18 (1) a final order of deportation has been issued
4804+19 against the defendant pursuant to proceedings under the
4805+20 Immigration and Nationality Act, and
4806+21 (2) the deportation of the defendant would not
4807+22 deprecate the seriousness of the defendant's conduct and
4808+23 would not be inconsistent with the ends of justice.
4809+24 Otherwise, the defendant shall be sentenced as provided in
4810+25 this Chapter V.
4811+26 (B) If the defendant has already been sentenced for a
4812+
4813+
4814+
4815+
4816+
4817+ HB3762 Enrolled - 135 - LRB103 29450 RLC 55842 b
4818+
4819+
4820+HB3762 Enrolled- 136 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 136 - LRB103 29450 RLC 55842 b
4821+ HB3762 Enrolled - 136 - LRB103 29450 RLC 55842 b
4822+1 felony or misdemeanor offense, or has been placed on probation
4823+2 under Section 10 of the Cannabis Control Act, Section 410 of
4824+3 the Illinois Controlled Substances Act, or Section 70 of the
4825+4 Methamphetamine Control and Community Protection Act, the
4826+5 court may, upon motion of the State's Attorney to suspend the
4827+6 sentence imposed, commit the defendant to the custody of the
4828+7 Attorney General of the United States or his or her designated
4829+8 agent when:
4830+9 (1) a final order of deportation has been issued
4831+10 against the defendant pursuant to proceedings under the
4832+11 Immigration and Nationality Act, and
4833+12 (2) the deportation of the defendant would not
4834+13 deprecate the seriousness of the defendant's conduct and
4835+14 would not be inconsistent with the ends of justice.
4836+15 (C) This subsection (l) does not apply to offenders who
4837+16 are subject to the provisions of paragraph (2) of subsection
4838+17 (a) of Section 3-6-3.
4839+18 (D) Upon motion of the State's Attorney, if a defendant
4840+19 sentenced under this Section returns to the jurisdiction of
4841+20 the United States, the defendant shall be recommitted to the
4842+21 custody of the county from which he or she was sentenced.
4843+22 Thereafter, the defendant shall be brought before the
4844+23 sentencing court, which may impose any sentence that was
4845+24 available under Section 5-5-3 at the time of initial
4846+25 sentencing. In addition, the defendant shall not be eligible
4847+26 for additional earned sentence credit as provided under
4848+
4849+
4850+
4851+
4852+
4853+ HB3762 Enrolled - 136 - LRB103 29450 RLC 55842 b
4854+
4855+
4856+HB3762 Enrolled- 137 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 137 - LRB103 29450 RLC 55842 b
4857+ HB3762 Enrolled - 137 - LRB103 29450 RLC 55842 b
4858+1 Section 3-6-3.
4859+2 (m) A person convicted of criminal defacement of property
4860+3 under Section 21-1.3 of the Criminal Code of 1961 or the
4861+4 Criminal Code of 2012, in which the property damage exceeds
4862+5 $300 and the property damaged is a school building, shall be
4863+6 ordered to perform community service that may include cleanup,
4864+7 removal, or painting over the defacement.
4865+8 (n) The court may sentence a person convicted of a
4866+9 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
4867+10 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
4868+11 of 1961 or the Criminal Code of 2012 (i) to an impact
4869+12 incarceration program if the person is otherwise eligible for
4870+13 that program under Section 5-8-1.1, (ii) to community service,
4871+14 or (iii) if the person has a substance use disorder, as defined
4872+15 in the Substance Use Disorder Act, to a treatment program
4873+16 licensed under that Act.
4874+17 (o) Whenever a person is convicted of a sex offense as
4875+18 defined in Section 2 of the Sex Offender Registration Act, the
4876+19 defendant's driver's license or permit shall be subject to
4877+20 renewal on an annual basis in accordance with the provisions
4878+21 of license renewal established by the Secretary of State.
4879+22 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
4880+23 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
4881+24 5-27-22.)
4882+25 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
4883+
4884+
4885+
4886+
4887+
4888+ HB3762 Enrolled - 137 - LRB103 29450 RLC 55842 b
4889+
4890+
4891+HB3762 Enrolled- 138 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 138 - LRB103 29450 RLC 55842 b
4892+ HB3762 Enrolled - 138 - LRB103 29450 RLC 55842 b
4893+1 Sec. 5-8-1. Natural life imprisonment; enhancements for
4894+2 use of a firearm; mandatory supervised release terms.
4895+3 (a) Except as otherwise provided in the statute defining
4896+4 the offense or in Article 4.5 of Chapter V, a sentence of
4897+5 imprisonment for a felony shall be a determinate sentence set
4898+6 by the court under this Section, subject to Section 5-4.5-115
4899+7 of this Code, according to the following limitations:
4900+8 (1) for first degree murder,
4901+9 (a) (blank),
4902+10 (b) if a trier of fact finds beyond a reasonable
4903+11 doubt that the murder was accompanied by exceptionally
4904+12 brutal or heinous behavior indicative of wanton
4905+13 cruelty or, except as set forth in subsection
4906+14 (a)(1)(c) of this Section, that any of the aggravating
4907+15 factors listed in subparagraph (b-5) subsection (b) or
4908+16 (b-5) of Section 9-1 of the Criminal Code of 1961 or
4909+17 the Criminal Code of 2012 are present, the court may
4910+18 sentence the defendant, subject to Section 5-4.5-105,
4911+19 to a term of natural life imprisonment, or
4912+20 (b-5) A defendant who at the time of the
4913+21 commission of the offense has attained the age of 18 or
4914+22 more and who has been found guilty of first degree
4915+23 murder may be sentenced to a term of natural life
4916+24 imprisonment if:
4917+25 (1) the murdered individual was an inmate at
4918+26 an institution or facility of the Department of
4919+
4920+
4921+
4922+
4923+
4924+ HB3762 Enrolled - 138 - LRB103 29450 RLC 55842 b
4925+
4926+
4927+HB3762 Enrolled- 139 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 139 - LRB103 29450 RLC 55842 b
4928+ HB3762 Enrolled - 139 - LRB103 29450 RLC 55842 b
4929+1 Corrections, or any similar local correctional
4930+2 agency and was killed on the grounds thereof, or
4931+3 the murdered individual was otherwise present in
4932+4 such institution or facility with the knowledge
4933+5 and approval of the chief administrative officer
4934+6 thereof;
4935+7 (2) the murdered individual was killed as a
4936+8 result of the hijacking of an airplane, train,
4937+9 ship, bus, or other public conveyance;
4938+10 (3) the defendant committed the murder
4939+11 pursuant to a contract, agreement, or
4940+12 understanding by which he or she was to receive
4941+13 money or anything of value in return for
4942+14 committing the murder or procured another to
4943+15 commit the murder for money or anything of value;
4944+16 (4) the murdered individual was killed in the
4945+17 course of another felony if:
4946+18 (A) the murdered individual:
4947+19 (i) was actually killed by the
4948+20 defendant, or
4949+21 (ii) received physical injuries
4950+22 personally inflicted by the defendant
4951+23 substantially contemporaneously with
4952+24 physical injuries caused by one or more
4953+25 persons for whose conduct the defendant is
4954+26 legally accountable under Section 5-2 of
4955+
4956+
4957+
4958+
4959+
4960+ HB3762 Enrolled - 139 - LRB103 29450 RLC 55842 b
4961+
4962+
4963+HB3762 Enrolled- 140 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 140 - LRB103 29450 RLC 55842 b
4964+ HB3762 Enrolled - 140 - LRB103 29450 RLC 55842 b
4965+1 this Code, and the physical injuries
4966+2 inflicted by either the defendant or the
4967+3 other person or persons for whose conduct
4968+4 he is legally accountable caused the death
4969+5 of the murdered individual; and (B) in
4970+6 performing the acts which caused the death
4971+7 of the murdered individual or which
4972+8 resulted in physical injuries personally
4973+9 inflicted by the defendant on the murdered
4974+10 individual under the circumstances of
4975+11 subdivision (ii) of clause (A) of this
4976+12 clause (4), the defendant acted with the
4977+13 intent to kill the murdered individual or
4978+14 with the knowledge that his or her acts
4979+15 created a strong probability of death or
4980+16 great bodily harm to the murdered
4981+17 individual or another; and
4982+18 (B) in performing the acts which caused
4983+19 the death of the murdered individual or which
4984+20 resulted in physical injuries personally
4985+21 inflicted by the defendant on the murdered
4986+22 individual under the circumstances of
4987+23 subdivision (ii) of clause (A) of this clause
4988+24 (4), the defendant acted with the intent to
4989+25 kill the murdered individual or with the
4990+26 knowledge that his or her acts created a
4991+
4992+
4993+
4994+
4995+
4996+ HB3762 Enrolled - 140 - LRB103 29450 RLC 55842 b
4997+
4998+
4999+HB3762 Enrolled- 141 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 141 - LRB103 29450 RLC 55842 b
5000+ HB3762 Enrolled - 141 - LRB103 29450 RLC 55842 b
5001+1 strong probability of death or great bodily
5002+2 harm to the murdered individual or another;
5003+3 and
5004+4 (C) the other felony was an inherently
5005+5 violent crime or the attempt to commit an
5006+6 inherently violent crime. In this clause (C),
5007+7 "inherently violent crime" includes, but is
5008+8 not limited to, armed robbery, robbery,
5009+9 predatory criminal sexual assault of a child,
5010+10 aggravated criminal sexual assault, aggravated
5011+11 kidnapping, aggravated vehicular hijacking,
5012+12 aggravated arson, aggravated stalking,
5013+13 residential burglary, and home invasion;
5014+14 (5) the defendant committed the murder with
5015+15 intent to prevent the murdered individual from
5016+16 testifying or participating in any criminal
5017+17 investigation or prosecution or giving material
5018+18 assistance to the State in any investigation or
5019+19 prosecution, either against the defendant or
5020+20 another; or the defendant committed the murder
5021+21 because the murdered individual was a witness in
5022+22 any prosecution or gave material assistance to the
5023+23 State in any investigation or prosecution, either
5024+24 against the defendant or another; for purposes of
5025+25 this clause (5), "participating in any criminal
5026+26 investigation or prosecution" is intended to
5027+
5028+
5029+
5030+
5031+
5032+ HB3762 Enrolled - 141 - LRB103 29450 RLC 55842 b
5033+
5034+
5035+HB3762 Enrolled- 142 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 142 - LRB103 29450 RLC 55842 b
5036+ HB3762 Enrolled - 142 - LRB103 29450 RLC 55842 b
5037+1 include those appearing in the proceedings in any
5038+2 capacity such as trial judges, prosecutors,
5039+3 defense attorneys, investigators, witnesses, or
5040+4 jurors;
5041+5 (6) the defendant, while committing an offense
5042+6 punishable under Section 401, 401.1, 401.2, 405,
5043+7 405.2, 407 or 407.1 or subsection (b) of Section
5044+8 404 of the Illinois Controlled Substances Act, or
5045+9 while engaged in a conspiracy or solicitation to
5046+10 commit such offense, intentionally killed an
5047+11 individual or counseled, commanded, induced,
5048+12 procured or caused the intentional killing of the
5049+13 murdered individual;
5050+14 (7) the defendant was incarcerated in an
5051+15 institution or facility of the Department of
5052+16 Corrections at the time of the murder, and while
5053+17 committing an offense punishable as a felony under
5054+18 Illinois law, or while engaged in a conspiracy or
5055+19 solicitation to commit such offense, intentionally
5056+20 killed an individual or counseled, commanded,
5057+21 induced, procured or caused the intentional
5058+22 killing of the murdered individual;
5059+23 (8) the murder was committed in a cold,
5060+24 calculated and premeditated manner pursuant to a
5061+25 preconceived plan, scheme or design to take a
5062+26 human life by unlawful means, and the conduct of
5063+
5064+
5065+
5066+
5067+
5068+ HB3762 Enrolled - 142 - LRB103 29450 RLC 55842 b
5069+
5070+
5071+HB3762 Enrolled- 143 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 143 - LRB103 29450 RLC 55842 b
5072+ HB3762 Enrolled - 143 - LRB103 29450 RLC 55842 b
5073+1 the defendant created a reasonable expectation
5074+2 that the death of a human being would result
5075+3 therefrom;
5076+4 (9) the defendant was a principal
5077+5 administrator, organizer, or leader of a
5078+6 calculated criminal drug conspiracy consisting of
5079+7 a hierarchical position of authority superior to
5080+8 that of all other members of the conspiracy, and
5081+9 the defendant counseled, commanded, induced,
5082+10 procured, or caused the intentional killing of the
5083+11 murdered person;
5084+12 (10) the murder was intentional and involved
5085+13 the infliction of torture. For the purpose of this
5086+14 clause (10), torture means the infliction of or
5087+15 subjection to extreme physical pain, motivated by
5088+16 an intent to increase or prolong the pain,
5089+17 suffering or agony of the victim;
5090+18 (11) the murder was committed as a result of
5091+19 the intentional discharge of a firearm by the
5092+20 defendant from a motor vehicle and the victim was
5093+21 not present within the motor vehicle;
5094+22 (12) the murdered individual was a person with
5095+23 a disability and the defendant knew or should have
5096+24 known that the murdered individual was a person
5097+25 with a disability. For purposes of this clause
5098+26 (12), "person with a disability" means a person
5099+
5100+
5101+
5102+
5103+
5104+ HB3762 Enrolled - 143 - LRB103 29450 RLC 55842 b
5105+
5106+
5107+HB3762 Enrolled- 144 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 144 - LRB103 29450 RLC 55842 b
5108+ HB3762 Enrolled - 144 - LRB103 29450 RLC 55842 b
5109+1 who suffers from a permanent physical or mental
5110+2 impairment resulting from disease, an injury, a
5111+3 functional disorder, or a congenital condition
5112+4 that renders the person incapable of adequately
5113+5 providing for his or her own health or personal
5114+6 care;
5115+7 (13) the murdered individual was subject to an
5116+8 order of protection and the murder was committed
5117+9 by a person against whom the same order of
5118+10 protection was issued under the Illinois Domestic
5119+11 Violence Act of 1986;
5120+12 (14) the murdered individual was known by the
5121+13 defendant to be a teacher or other person employed
5122+14 in any school and the teacher or other employee is
5123+15 upon the grounds of a school or grounds adjacent
5124+16 to a school, or is in any part of a building used
5125+17 for school purposes;
5126+18 (15) the murder was committed by the defendant
5127+19 in connection with or as a result of the offense of
5128+20 terrorism as defined in Section 29D-14.9 of this
5129+21 Code;
5130+22 (16) the murdered individual was a member of a
5131+23 congregation engaged in prayer or other religious
5132+24 activities at a church, synagogue, mosque, or
5133+25 other building, structure, or place used for
5134+26 religious worship; or
5135+
5136+
5137+
5138+
5139+
5140+ HB3762 Enrolled - 144 - LRB103 29450 RLC 55842 b
5141+
5142+
5143+HB3762 Enrolled- 145 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 145 - LRB103 29450 RLC 55842 b
5144+ HB3762 Enrolled - 145 - LRB103 29450 RLC 55842 b
5145+1 (17)(i) the murdered individual was a
5146+2 physician, physician assistant, psychologist,
5147+3 nurse, or advanced practice registered nurse;
5148+4 (ii) the defendant knew or should have known
5149+5 that the murdered individual was a physician,
5150+6 physician assistant, psychologist, nurse, or
5151+7 advanced practice registered nurse; and
5152+8 (iii) the murdered individual was killed in
5153+9 the course of acting in his or her capacity as a
5154+10 physician, physician assistant, psychologist,
5155+11 nurse, or advanced practice registered nurse, or
5156+12 to prevent him or her from acting in that
5157+13 capacity, or in retaliation for his or her acting
5158+14 in that capacity.
5159+15 (c) the court shall sentence the defendant to a
5160+16 term of natural life imprisonment if the defendant, at
5161+17 the time of the commission of the murder, had attained
5162+18 the age of 18, and:
5163+19 (i) has previously been convicted of first
5164+20 degree murder under any state or federal law, or
5165+21 (ii) is found guilty of murdering more than
5166+22 one victim, or
5167+23 (iii) is found guilty of murdering a peace
5168+24 officer, fireman, or emergency management worker
5169+25 when the peace officer, fireman, or emergency
5170+26 management worker was killed in the course of
5171+
5172+
5173+
5174+
5175+
5176+ HB3762 Enrolled - 145 - LRB103 29450 RLC 55842 b
5177+
5178+
5179+HB3762 Enrolled- 146 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 146 - LRB103 29450 RLC 55842 b
5180+ HB3762 Enrolled - 146 - LRB103 29450 RLC 55842 b
5181+1 performing his official duties, or to prevent the
5182+2 peace officer or fireman from performing his
5183+3 official duties, or in retaliation for the peace
5184+4 officer, fireman, or emergency management worker
5185+5 from performing his official duties, and the
5186+6 defendant knew or should have known that the
5187+7 murdered individual was a peace officer, fireman,
5188+8 or emergency management worker, or
5189+9 (iv) is found guilty of murdering an employee
5190+10 of an institution or facility of the Department of
5191+11 Corrections, or any similar local correctional
5192+12 agency, when the employee was killed in the course
5193+13 of performing his official duties, or to prevent
5194+14 the employee from performing his official duties,
5195+15 or in retaliation for the employee performing his
5196+16 official duties, or
5197+17 (v) is found guilty of murdering an emergency
5198+18 medical technician - ambulance, emergency medical
5199+19 technician - intermediate, emergency medical
5200+20 technician - paramedic, ambulance driver or other
5201+21 medical assistance or first aid person while
5202+22 employed by a municipality or other governmental
5203+23 unit when the person was killed in the course of
5204+24 performing official duties or to prevent the
5205+25 person from performing official duties or in
5206+26 retaliation for performing official duties and the
5207+
5208+
5209+
5210+
5211+
5212+ HB3762 Enrolled - 146 - LRB103 29450 RLC 55842 b
5213+
5214+
5215+HB3762 Enrolled- 147 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 147 - LRB103 29450 RLC 55842 b
5216+ HB3762 Enrolled - 147 - LRB103 29450 RLC 55842 b
5217+1 defendant knew or should have known that the
5218+2 murdered individual was an emergency medical
5219+3 technician - ambulance, emergency medical
5220+4 technician - intermediate, emergency medical
5221+5 technician - paramedic, ambulance driver, or other
5222+6 medical assistant or first aid personnel, or
5223+7 (vi) (blank), or
5224+8 (vii) is found guilty of first degree murder
5225+9 and the murder was committed by reason of any
5226+10 person's activity as a community policing
5227+11 volunteer or to prevent any person from engaging
5228+12 in activity as a community policing volunteer. For
5229+13 the purpose of this Section, "community policing
5230+14 volunteer" has the meaning ascribed to it in
5231+15 Section 2-3.5 of the Criminal Code of 2012.
5232+16 For purposes of clause (v), "emergency medical
5233+17 technician - ambulance", "emergency medical technician -
5234+18 intermediate", "emergency medical technician -
5235+19 paramedic", have the meanings ascribed to them in the
5236+20 Emergency Medical Services (EMS) Systems Act.
5237+21 (d)(i) if the person committed the offense while
5238+22 armed with a firearm, 15 years shall be added to
5239+23 the term of imprisonment imposed by the court;
5240+24 (ii) if, during the commission of the offense, the
5241+25 person personally discharged a firearm, 20 years shall
5242+26 be added to the term of imprisonment imposed by the
5243+
5244+
5245+
5246+
5247+
5248+ HB3762 Enrolled - 147 - LRB103 29450 RLC 55842 b
5249+
5250+
5251+HB3762 Enrolled- 148 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 148 - LRB103 29450 RLC 55842 b
5252+ HB3762 Enrolled - 148 - LRB103 29450 RLC 55842 b
5253+1 court;
5254+2 (iii) if, during the commission of the offense,
5255+3 the person personally discharged a firearm that
5256+4 proximately caused great bodily harm, permanent
5257+5 disability, permanent disfigurement, or death to
5258+6 another person, 25 years or up to a term of natural
5259+7 life shall be added to the term of imprisonment
5260+8 imposed by the court.
5261+9 (2) (blank);
5262+10 (2.5) for a person who has attained the age of 18 years
5263+11 at the time of the commission of the offense and who is
5264+12 convicted under the circumstances described in subdivision
5265+13 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
5266+14 subsection (b) of Section 12-13, subdivision (d)(2) of
5267+15 Section 11-1.30 or paragraph (2) of subsection (d) of
5268+16 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
5269+17 paragraph (1.2) of subsection (b) of Section 12-14.1,
5270+18 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
5271+19 subsection (b) of Section 12-14.1 of the Criminal Code of
5272+20 1961 or the Criminal Code of 2012, the sentence shall be a
5273+21 term of natural life imprisonment.
5274+22 (b) (Blank).
5275+23 (c) (Blank).
5276+24 (d) Subject to earlier termination under Section 3-3-8,
5277+25 the parole or mandatory supervised release term shall be
5278+26 written as part of the sentencing order and shall be as
5279+
5280+
5281+
5282+
5283+
5284+ HB3762 Enrolled - 148 - LRB103 29450 RLC 55842 b
5285+
5286+
5287+HB3762 Enrolled- 149 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 149 - LRB103 29450 RLC 55842 b
5288+ HB3762 Enrolled - 149 - LRB103 29450 RLC 55842 b
5289+1 follows:
5290+2 (1) for first degree murder or for the offenses of
5291+3 predatory criminal sexual assault of a child, aggravated
5292+4 criminal sexual assault, and criminal sexual assault if
5293+5 committed on or before December 12, 2005, 3 years;
5294+6 (1.5) except as provided in paragraph (7) of this
5295+7 subsection (d), for a Class X felony except for the
5296+8 offenses of predatory criminal sexual assault of a child,
5297+9 aggravated criminal sexual assault, and criminal sexual
5298+10 assault if committed on or after December 13, 2005 (the
5299+11 effective date of Public Act 94-715) and except for the
5300+12 offense of aggravated child pornography under Section
5301+13 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
5302+14 subsection (c-5) of Section 11-20.1 of the Criminal Code
5303+15 of 1961 or the Criminal Code of 2012, if committed on or
5304+16 after January 1, 2009, 18 months;
5305+17 (2) except as provided in paragraph (7) of this
5306+18 subsection (d), for a Class 1 felony or a Class 2 felony
5307+19 except for the offense of criminal sexual assault if
5308+20 committed on or after December 13, 2005 (the effective
5309+21 date of Public Act 94-715) and except for the offenses of
5310+22 manufacture and dissemination of child pornography under
5311+23 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
5312+24 Criminal Code of 1961 or the Criminal Code of 2012, if
5313+25 committed on or after January 1, 2009, 12 months;
5314+26 (3) except as provided in paragraph (4), (6), or (7)
5315+
5316+
5317+
5318+
5319+
5320+ HB3762 Enrolled - 149 - LRB103 29450 RLC 55842 b
5321+
5322+
5323+HB3762 Enrolled- 150 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 150 - LRB103 29450 RLC 55842 b
5324+ HB3762 Enrolled - 150 - LRB103 29450 RLC 55842 b
5325+1 of this subsection (d), for a Class 3 felony or a Class 4
5326+2 felony, 6 months; no later than 45 days after the onset of
5327+3 the term of mandatory supervised release, the Prisoner
5328+4 Review Board shall conduct a discretionary discharge
5329+5 review pursuant to the provisions of Section 3-3-8, which
5330+6 shall include the results of a standardized risk and needs
5331+7 assessment tool administered by the Department of
5332+8 Corrections; the changes to this paragraph (3) made by
5333+9 this amendatory Act of the 102nd General Assembly apply to
5334+10 all individuals released on mandatory supervised release
5335+11 on or after the effective date of this amendatory Act of
5336+12 the 102nd General Assembly, including those individuals
5337+13 whose sentences were imposed prior to the effective date
5338+14 of this amendatory Act of the 102nd General Assembly;
5339+15 (4) for defendants who commit the offense of predatory
5340+16 criminal sexual assault of a child, aggravated criminal
5341+17 sexual assault, or criminal sexual assault, on or after
5342+18 December 13, 2005 (the effective date of Public Act
5343+19 94-715), or who commit the offense of aggravated child
5344+20 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
5345+21 with sentencing under subsection (c-5) of Section 11-20.1
5346+22 of the Criminal Code of 1961 or the Criminal Code of 2012,
5347+23 manufacture of child pornography, or dissemination of
5348+24 child pornography after January 1, 2009, the term of
5349+25 mandatory supervised release shall range from a minimum of
5350+26 3 years to a maximum of the natural life of the defendant;
5351+
5352+
5353+
5354+
5355+
5356+ HB3762 Enrolled - 150 - LRB103 29450 RLC 55842 b
5357+
5358+
5359+HB3762 Enrolled- 151 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 151 - LRB103 29450 RLC 55842 b
5360+ HB3762 Enrolled - 151 - LRB103 29450 RLC 55842 b
5361+1 (5) if the victim is under 18 years of age, for a
5362+2 second or subsequent offense of aggravated criminal sexual
5363+3 abuse or felony criminal sexual abuse, 4 years, at least
5364+4 the first 2 years of which the defendant shall serve in an
5365+5 electronic monitoring or home detention program under
5366+6 Article 8A of Chapter V of this Code;
5367+7 (6) for a felony domestic battery, aggravated domestic
5368+8 battery, stalking, aggravated stalking, and a felony
5369+9 violation of an order of protection, 4 years;
5370+10 (7) for any felony described in paragraph (a)(2)(ii),
5371+11 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
5372+12 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
5373+13 3-6-3 of the Unified Code of Corrections requiring an
5374+14 inmate to serve a minimum of 85% of their court-imposed
5375+15 sentence, except for the offenses of predatory criminal
5376+16 sexual assault of a child, aggravated criminal sexual
5377+17 assault, and criminal sexual assault if committed on or
5378+18 after December 13, 2005 (the effective date of Public Act
5379+19 94-715) and except for the offense of aggravated child
5380+20 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
5381+21 with sentencing under subsection (c-5) of Section 11-20.1
5382+22 of the Criminal Code of 1961 or the Criminal Code of 2012,
5383+23 if committed on or after January 1, 2009 and except as
5384+24 provided in paragraph (4) or paragraph (6) of this
5385+25 subsection (d), the term of mandatory supervised release
5386+26 shall be as follows:
5387+
5388+
5389+
5390+
5391+
5392+ HB3762 Enrolled - 151 - LRB103 29450 RLC 55842 b
5393+
5394+
5395+HB3762 Enrolled- 152 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 152 - LRB103 29450 RLC 55842 b
5396+ HB3762 Enrolled - 152 - LRB103 29450 RLC 55842 b
5397+1 (A) Class X felony, 3 years;
5398+2 (B) Class 1 or Class 2 felonies, 2 years;
5399+3 (C) Class 3 or Class 4 felonies, 1 year.
5400+4 (e) (Blank).
5401+5 (f) (Blank).
5402+6 (g) Notwithstanding any other provisions of this Act and
5403+7 of Public Act 101-652: (i) the provisions of paragraph (3) of
5404+8 subsection (d) are effective on July 1, 2022 and shall apply to
5405+9 all individuals convicted on or after the effective date of
5406+10 paragraph (3) of subsection (d); and (ii) the provisions of
5407+11 paragraphs (1.5) and (2) of subsection (d) are effective on
5408+12 July 1, 2021 and shall apply to all individuals convicted on or
5409+13 after the effective date of paragraphs (1.5) and (2) of
5410+14 subsection (d).
5411+15 (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
5412+16 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
5413+17 1-7-22; 102-1104, eff. 12-6-22.)
5414+18 Section 55. The County Jail Act is amended by changing
5415+19 Section 13 as follows:
5416+20 (730 ILCS 125/13) (from Ch. 75, par. 113)
5417+21 Sec. 13. Whenever the Warden of any jail shall have in his
5418+22 custody any person charged with a capital offense or other
5419+23 high crime, and there is no jail in his county, or the jail is
5420+24 insufficient, he may, with the advice of the judge of the
5421+
5422+
5423+
5424+
5425+
5426+ HB3762 Enrolled - 152 - LRB103 29450 RLC 55842 b
5427+
5428+
5429+HB3762 Enrolled- 153 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 153 - LRB103 29450 RLC 55842 b
5430+ HB3762 Enrolled - 153 - LRB103 29450 RLC 55842 b
5431+1 circuit court of such county, employ a sufficient guard, not
5432+2 exceeding 3 persons, for the guarding and safe keeping of such
5433+3 prisoner in his own county. The expense of such guard shall be
5434+4 audited and paid as other county expenses.
5435+5 (Source: P.A. 83-1073.)
5436+6 Section 60. The Code of Civil Procedure is amended by
5437+7 changing Section 10-103 as follows:
5438+8 (735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
5439+9 Sec. 10-103. Application. Application for the relief shall
5440+10 be made to the Supreme Court or to the circuit court of the
5441+11 county in which the person in whose behalf the application is
5442+12 made, is imprisoned or restrained, or to the circuit court of
5443+13 the county from which such person was sentenced or committed.
5444+14 Application shall be made by complaint signed by the person
5445+15 for whose relief it is intended, or by some person in his or
5446+16 her behalf, and verified by affidavit. Application for relief
5447+17 under this Article may not be commenced on behalf of a person
5448+18 who has been sentenced to death without the written consent of
5449+19 that person, unless the person, because of a mental or
5450+20 physical condition, is incapable of asserting his or her own
5451+21 claim.
5452+22 (Source: P.A. 89-684, eff. 6-1-97.)
5453+HB3762 Enrolled- 154 -LRB103 29450 RLC 55842 b 1 INDEX 2 Statutes amended in order of appearance 3 55 ILCS 5/3-4011from Ch. 34, par. 3-4011 4 105 ILCS 5/21B-85 5 305 ILCS 5/1-8 6 720 ILCS 5/2-7from Ch. 38, par. 2-7 7 720 ILCS 5/8-4from Ch. 38, par. 8-4 8 720 ILCS 5/9-1from Ch. 38, par. 9-1 9 720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2 10 720 ILCS 5/12-3.05was 720 ILCS 5/12-4 11 720 ILCS 5/30-1from Ch. 38, par. 30-1 12 720 ILCS 550/9from Ch. 56 1/2, par. 709 13 725 ILCS 5/104-26from Ch. 38, par. 104-26 14 725 ILCS 5/111-3from Ch. 38, par. 111-3 15 725 ILCS 5/114-15 16 725 ILCS 5/116-4 17 725 ILCS 5/121-13from Ch. 38, par. 121-13 18 725 ILCS 5/122-1from Ch. 38, par. 122-1 19 725 ILCS 5/122-2.1from Ch. 38, par. 122-2.120 725 ILCS 5/122-2.2 21 725 ILCS 5/122-4from Ch. 38, par. 122-4 22 725 ILCS 5/119-5 rep. 23 725 ILCS 105/10.5 24 725 ILCS 235/5from Ch. 38, par. 157-5 25 730 ILCS 5/3-3-13from Ch. 38, par. 1003-3-13 HB3762 Enrolled- 155 -LRB103 29450 RLC 55842 b HB3762 Enrolled- 154 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 154 - LRB103 29450 RLC 55842 b 1 INDEX 2 Statutes amended in order of appearance 3 55 ILCS 5/3-4011 from Ch. 34, par. 3-4011 4 105 ILCS 5/21B-85 5 305 ILCS 5/1-8 6 720 ILCS 5/2-7 from Ch. 38, par. 2-7 7 720 ILCS 5/8-4 from Ch. 38, par. 8-4 8 720 ILCS 5/9-1 from Ch. 38, par. 9-1 9 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 10 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 11 720 ILCS 5/30-1 from Ch. 38, par. 30-1 12 720 ILCS 550/9 from Ch. 56 1/2, par. 709 13 725 ILCS 5/104-26 from Ch. 38, par. 104-26 14 725 ILCS 5/111-3 from Ch. 38, par. 111-3 15 725 ILCS 5/114-15 16 725 ILCS 5/116-4 17 725 ILCS 5/121-13 from Ch. 38, par. 121-13 18 725 ILCS 5/122-1 from Ch. 38, par. 122-1 19 725 ILCS 5/122-2.1 from Ch. 38, par. 122-2.1 20 725 ILCS 5/122-2.2 21 725 ILCS 5/122-4 from Ch. 38, par. 122-4 22 725 ILCS 5/119-5 rep. 23 725 ILCS 105/10.5 24 725 ILCS 235/5 from Ch. 38, par. 157-5 25 730 ILCS 5/3-3-13 from Ch. 38, par. 1003-3-13 HB3762 Enrolled- 155 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 155 - LRB103 29450 RLC 55842 b
5454+HB3762 Enrolled- 154 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 154 - LRB103 29450 RLC 55842 b
5455+ HB3762 Enrolled - 154 - LRB103 29450 RLC 55842 b
5456+1 INDEX
5457+2 Statutes amended in order of appearance
5458+3 55 ILCS 5/3-4011 from Ch. 34, par. 3-4011
5459+4 105 ILCS 5/21B-85
5460+5 305 ILCS 5/1-8
5461+6 720 ILCS 5/2-7 from Ch. 38, par. 2-7
5462+7 720 ILCS 5/8-4 from Ch. 38, par. 8-4
5463+8 720 ILCS 5/9-1 from Ch. 38, par. 9-1
5464+9 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
5465+10 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
5466+11 720 ILCS 5/30-1 from Ch. 38, par. 30-1
5467+12 720 ILCS 550/9 from Ch. 56 1/2, par. 709
5468+13 725 ILCS 5/104-26 from Ch. 38, par. 104-26
5469+14 725 ILCS 5/111-3 from Ch. 38, par. 111-3
5470+15 725 ILCS 5/114-15
5471+16 725 ILCS 5/116-4
5472+17 725 ILCS 5/121-13 from Ch. 38, par. 121-13
5473+18 725 ILCS 5/122-1 from Ch. 38, par. 122-1
5474+19 725 ILCS 5/122-2.1 from Ch. 38, par. 122-2.1
5475+20 725 ILCS 5/122-2.2
5476+21 725 ILCS 5/122-4 from Ch. 38, par. 122-4
5477+22 725 ILCS 5/119-5 rep.
5478+23 725 ILCS 105/10.5
5479+24 725 ILCS 235/5 from Ch. 38, par. 157-5
5480+25 730 ILCS 5/3-3-13 from Ch. 38, par. 1003-3-13
5481+HB3762 Enrolled- 155 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 155 - LRB103 29450 RLC 55842 b
5482+ HB3762 Enrolled - 155 - LRB103 29450 RLC 55842 b
5483+
5484+
5485+
5486+
5487+
5488+ HB3762 Enrolled - 153 - LRB103 29450 RLC 55842 b
5489+
5490+
5491+
5492+HB3762 Enrolled- 154 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 154 - LRB103 29450 RLC 55842 b
5493+ HB3762 Enrolled - 154 - LRB103 29450 RLC 55842 b
5494+1 INDEX
5495+2 Statutes amended in order of appearance
5496+3 55 ILCS 5/3-4011 from Ch. 34, par. 3-4011
5497+4 105 ILCS 5/21B-85
5498+5 305 ILCS 5/1-8
5499+6 720 ILCS 5/2-7 from Ch. 38, par. 2-7
5500+7 720 ILCS 5/8-4 from Ch. 38, par. 8-4
5501+8 720 ILCS 5/9-1 from Ch. 38, par. 9-1
5502+9 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
5503+10 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
5504+11 720 ILCS 5/30-1 from Ch. 38, par. 30-1
5505+12 720 ILCS 550/9 from Ch. 56 1/2, par. 709
5506+13 725 ILCS 5/104-26 from Ch. 38, par. 104-26
5507+14 725 ILCS 5/111-3 from Ch. 38, par. 111-3
5508+15 725 ILCS 5/114-15
5509+16 725 ILCS 5/116-4
5510+17 725 ILCS 5/121-13 from Ch. 38, par. 121-13
5511+18 725 ILCS 5/122-1 from Ch. 38, par. 122-1
5512+19 725 ILCS 5/122-2.1 from Ch. 38, par. 122-2.1
5513+20 725 ILCS 5/122-2.2
5514+21 725 ILCS 5/122-4 from Ch. 38, par. 122-4
5515+22 725 ILCS 5/119-5 rep.
5516+23 725 ILCS 105/10.5
5517+24 725 ILCS 235/5 from Ch. 38, par. 157-5
5518+25 730 ILCS 5/3-3-13 from Ch. 38, par. 1003-3-13
5519+
5520+
5521+
5522+
5523+
5524+ HB3762 Enrolled - 154 - LRB103 29450 RLC 55842 b
5525+
5526+
5527+HB3762 Enrolled- 155 -LRB103 29450 RLC 55842 b HB3762 Enrolled - 155 - LRB103 29450 RLC 55842 b
5528+ HB3762 Enrolled - 155 - LRB103 29450 RLC 55842 b
5529+
5530+
5531+
5532+
5533+
5534+ HB3762 Enrolled - 155 - LRB103 29450 RLC 55842 b