Illinois 2023-2024 Regular Session

Illinois House Bill HB4332 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4332 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. LRB103 35080 RLC 65034 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4332 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3 Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. LRB103 35080 RLC 65034 b LRB103 35080 RLC 65034 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4332 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
4	4	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
5	5	720 ILCS 5/24-3 from Ch. 38, par. 24-3
6	6	730 ILCS 5/5-4.5-95
7	7	730 ILCS 5/5-5-3
8	8	Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
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11	11	A BILL FOR
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13	13	HB4332 LRB103 35080 RLC 65034 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Criminal Code of 2012 is amended by
18	18	5 changing Sections 24-1.1 and 24-3 as follows:
19	19	6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
20	20	7 Sec. 24-1.1. Unlawful use or possession of weapons by
21	21	8 felons or persons in the custody of the Department of
22	22	9 Corrections facilities.
23	23	10 (a) It is unlawful for a person to knowingly possess on or
24	24	11 about his person or on his land or in his own abode or fixed
25	25	12 place of business any weapon prohibited under Section 24-1 of
26	26	13 this Act or any firearm or any firearm ammunition if the person
27	27	14 has been convicted of a felony under the laws of this State or
28	28	15 any other jurisdiction. This Section shall not apply if the
29	29	16 person has been granted relief by the Director of the Illinois
30	30	17 State Police under Section 10 of the Firearm Owners
31	31	18 Identification Card Act.
32	32	19 (b) It is unlawful for any person confined in a penal
33	33	20 institution, which is a facility of the Illinois Department of
34	34	21 Corrections, to possess any weapon prohibited under Section
35	35	22 24-1 of this Code or any firearm or firearm ammunition,
36	36	23 regardless of the intent with which he possesses it.
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4332 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
41	41	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
42	42	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
43	43	720 ILCS 5/24-3 from Ch. 38, par. 24-3
44	44	730 ILCS 5/5-4.5-95
45	45	730 ILCS 5/5-5-3
46	46	Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
47	47	LRB103 35080 RLC 65034 b LRB103 35080 RLC 65034 b
48	48	LRB103 35080 RLC 65034 b
49	49	A BILL FOR
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55	55	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
56	56	720 ILCS 5/24-3 from Ch. 38, par. 24-3
57	57	730 ILCS 5/5-4.5-95
58	58	730 ILCS 5/5-5-3
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77	77	1 (c) It shall be an affirmative defense to a violation of
78	78	2 subsection (b), that such possession was specifically
79	79	3 authorized by rule, regulation, or directive of the Illinois
80	80	4 Department of Corrections or order issued pursuant thereto.
81	81	5 (d) The defense of necessity is not available to a person
82	82	6 who is charged with a violation of subsection (b) of this
83	83	7 Section.
84	84	8 (e) Sentence. Violation of this Section by a person not
85	85	9 confined in a penal institution shall be a Class 1 3 felony for
86	86	10 which the person shall be sentenced to no less than 4 2 years
87	87	11 and no more than 15 10 years. A second or subsequent violation
88	88	12 of this Section shall be a Class X 2 felony for which the
89	89	13 person shall be sentenced to a term of imprisonment of not less
90	90	14 than 6 3 years and not more than 30 14 years, except as
91	91	15 provided for in Section 5-4.5-110 of the Unified Code of
92	92	16 Corrections. Violation of this Section by a person not
93	93	17 confined in a penal institution who has been convicted of a
94	94	18 forcible felony, a felony violation of Article 24 of this Code
95	95	19 or of the Firearm Owners Identification Card Act, stalking or
96	96	20 aggravated stalking, or a Class 2 or greater felony under the
97	97	21 Illinois Controlled Substances Act, the Cannabis Control Act,
98	98	22 or the Methamphetamine Control and Community Protection Act is
99	99	23 a Class X 2 felony for which the person shall be sentenced to
100	100	24 not less than 6 3 years and not more than 30 14 years, except
101	101	25 as provided for in Section 5-4.5-110 of the Unified Code of
102	102	26 Corrections. Violation of this Section by a person who is on
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113	113	1 parole or mandatory supervised release is a Class X 2 felony
114	114	2 for which the person shall be sentenced to not less than 6 3
115	115	3 years and not more than 30 14 years, except as provided for in
116	116	4 Section 5-4.5-110 of the Unified Code of Corrections.
117	117	5 Violation of this Section by a person not confined in a penal
118	118	6 institution is a Class X felony when the firearm possessed is a
119	119	7 machine gun for which the person shall be sentenced to no less
120	120	8 than 10 years and no more than 60 years. Any person who
121	121	9 violates this Section while confined in a penal institution,
122	122	10 which is a facility of the Illinois Department of Corrections,
123	123	11 is guilty of a Class 1 felony, if he possesses any weapon
124	124	12 prohibited under Section 24-1 of this Code regardless of the
125	125	13 intent with which he possesses it, a Class X felony if he
126	126	14 possesses any firearm, firearm ammunition or explosive, and a
127	127	15 Class X felony for which the offender shall be sentenced to not
128	128	16 less than 12 years and not more than 50 years when the firearm
129	129	17 possessed is a machine gun. A violation of this Section while
130	130	18 wearing or in possession of body armor as defined in Section
131	131	19 33F-1 is a Class X felony punishable by a term of imprisonment
132	132	20 of not less than 10 years and not more than 60 40 years. The
133	133	21 possession of each firearm or firearm ammunition in violation
134	134	22 of this Section constitutes a single and separate violation.
135	135	23 (Source: P.A. 102-538, eff. 8-20-21.)
136	136	24 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
137	137	25 Sec. 24-3. Unlawful sale or delivery of firearms.
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148	148	1 (A) A person commits the offense of unlawful sale or
149	149	2 delivery of firearms when he or she knowingly does any of the
150	150	3 following:
151	151	4 (a) Sells or gives any firearm of a size which may be
152	152	5 concealed upon the person to any person under 18 years of
153	153	6 age.
154	154	7 (b) Sells or gives any firearm to a person under 21
155	155	8 years of age who has been convicted of a misdemeanor other
156	156	9 than a traffic offense or adjudged delinquent.
157	157	10 (c) Sells or gives any firearm to any narcotic addict.
158	158	11 (d) Sells or gives any firearm to any person who has
159	159	12 been convicted of a felony under the laws of this or any
160	160	13 other jurisdiction.
161	161	14 (e) Sells or gives any firearm to any person who has
162	162	15 been a patient in a mental institution within the past 5
163	163	16 years. In this subsection (e):
164	164	17 "Mental institution" means any hospital,
165	165	18 institution, clinic, evaluation facility, mental
166	166	19 health center, or part thereof, which is used
167	167	20 primarily for the care or treatment of persons with
168	168	21 mental illness.
169	169	22 "Patient in a mental institution" means the person
170	170	23 was admitted, either voluntarily or involuntarily, to
171	171	24 a mental institution for mental health treatment,
172	172	25 unless the treatment was voluntary and solely for an
173	173	26 alcohol abuse disorder and no other secondary
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184	184	1 substance abuse disorder or mental illness.
185	185	2 (f) Sells or gives any firearms to any person who is a
186	186	3 person with an intellectual disability.
187	187	4 (g) Delivers any firearm, incidental to a sale,
188	188	5 without withholding delivery of the firearm for at least
189	189	6 72 hours after application for its purchase has been made,
190	190	7 or delivers a stun gun or taser, incidental to a sale,
191	191	8 without withholding delivery of the stun gun or taser for
192	192	9 at least 24 hours after application for its purchase has
193	193	10 been made. However, this paragraph (g) does not apply to:
194	194	11 (1) the sale of a firearm to a law enforcement officer if
195	195	12 the seller of the firearm knows that the person to whom he
196	196	13 or she is selling the firearm is a law enforcement officer
197	197	14 or the sale of a firearm to a person who desires to
198	198	15 purchase a firearm for use in promoting the public
199	199	16 interest incident to his or her employment as a bank
200	200	17 guard, armed truck guard, or other similar employment; (2)
201	201	18 a mail order sale of a firearm from a federally licensed
202	202	19 firearms dealer to a nonresident of Illinois under which
203	203	20 the firearm is mailed to a federally licensed firearms
204	204	21 dealer outside the boundaries of Illinois; (3) (blank);
205	205	22 (4) the sale of a firearm to a dealer licensed as a federal
206	206	23 firearms dealer under Section 923 of the federal Gun
207	207	24 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
208	208	25 sale of any rifle, shotgun, or other long gun to a resident
209	209	26 registered competitor or attendee or non-resident
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220	220	1 registered competitor or attendee by any dealer licensed
221	221	2 as a federal firearms dealer under Section 923 of the
222	222	3 federal Gun Control Act of 1968 at competitive shooting
223	223	4 events held at the World Shooting Complex sanctioned by a
224	224	5 national governing body. For purposes of transfers or
225	225	6 sales under subparagraph (5) of this paragraph (g), the
226	226	7 Department of Natural Resources shall give notice to the
227	227	8 Illinois State Police at least 30 calendar days prior to
228	228	9 any competitive shooting events at the World Shooting
229	229	10 Complex sanctioned by a national governing body. The
230	230	11 notification shall be made on a form prescribed by the
231	231	12 Illinois State Police. The sanctioning body shall provide
232	232	13 a list of all registered competitors and attendees at
233	233	14 least 24 hours before the events to the Illinois State
234	234	15 Police. Any changes to the list of registered competitors
235	235	16 and attendees shall be forwarded to the Illinois State
236	236	17 Police as soon as practicable. The Illinois State Police
237	237	18 must destroy the list of registered competitors and
238	238	19 attendees no later than 30 days after the date of the
239	239	20 event. Nothing in this paragraph (g) relieves a federally
240	240	21 licensed firearm dealer from the requirements of
241	241	22 conducting a NICS background check through the Illinois
242	242	23 Point of Contact under 18 U.S.C. 922(t). For purposes of
243	243	24 this paragraph (g), "application" means when the buyer and
244	244	25 seller reach an agreement to purchase a firearm. For
245	245	26 purposes of this paragraph (g), "national governing body"
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256	256	1 means a group of persons who adopt rules and formulate
257	257	2 policy on behalf of a national firearm sporting
258	258	3 organization.
259	259	4 (h) While holding any license as a dealer, importer,
260	260	5 manufacturer or pawnbroker under the federal Gun Control
261	261	6 Act of 1968, manufactures, sells or delivers to any
262	262	7 unlicensed person a handgun having a barrel, slide, frame
263	263	8 or receiver which is a die casting of zinc alloy or any
264	264	9 other nonhomogeneous metal which will melt or deform at a
265	265	10 temperature of less than 800 degrees Fahrenheit. For
266	266	11 purposes of this paragraph, (1) "firearm" is defined as in
267	267	12 the Firearm Owners Identification Card Act; and (2)
268	268	13 "handgun" is defined as a firearm designed to be held and
269	269	14 fired by the use of a single hand, and includes a
270	270	15 combination of parts from which such a firearm can be
271	271	16 assembled.
272	272	17 (i) Sells or gives a firearm of any size to any person
273	273	18 under 18 years of age who does not possess a valid Firearm
274	274	19 Owner's Identification Card.
275	275	20 (j) Sells or gives a firearm while engaged in the
276	276	21 business of selling firearms at wholesale or retail
277	277	22 without being licensed as a federal firearms dealer under
278	278	23 Section 923 of the federal Gun Control Act of 1968 (18
279	279	24 U.S.C. 923). In this paragraph (j):
280	280	25 A person "engaged in the business" means a person who
281	281	26 devotes time, attention, and labor to engaging in the
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292	292	1 activity as a regular course of trade or business with the
293	293	2 principal objective of livelihood and profit, but does not
294	294	3 include a person who makes occasional repairs of firearms
295	295	4 or who occasionally fits special barrels, stocks, or
296	296	5 trigger mechanisms to firearms.
297	297	6 "With the principal objective of livelihood and
298	298	7 profit" means that the intent underlying the sale or
299	299	8 disposition of firearms is predominantly one of obtaining
300	300	9 livelihood and pecuniary gain, as opposed to other
301	301	10 intents, such as improving or liquidating a personal
302	302	11 firearms collection; however, proof of profit shall not be
303	303	12 required as to a person who engages in the regular and
304	304	13 repetitive purchase and disposition of firearms for
305	305	14 criminal purposes or terrorism.
306	306	15 (k) Sells or transfers ownership of a firearm to a
307	307	16 person who does not display to the seller or transferor of
308	308	17 the firearm either: (1) a currently valid Firearm Owner's
309	309	18 Identification Card that has previously been issued in the
310	310	19 transferee's name by the Illinois State Police under the
311	311	20 provisions of the Firearm Owners Identification Card Act;
312	312	21 or (2) a currently valid license to carry a concealed
313	313	22 firearm that has previously been issued in the
314	314	23 transferee's name by the Illinois State Police under the
315	315	24 Firearm Concealed Carry Act. This paragraph (k) does not
316	316	25 apply to the transfer of a firearm to a person who is
317	317	26 exempt from the requirement of possessing a Firearm
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328	328	1 Owner's Identification Card under Section 2 of the Firearm
329	329	2 Owners Identification Card Act. For the purposes of this
330	330	3 Section, a currently valid Firearm Owner's Identification
331	331	4 Card or license to carry a concealed firearm means receipt
332	332	5 of an approval number issued in accordance with subsection
333	333	6 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
334	334	7 Identification Card Act.
335	335	8 (1) In addition to the other requirements of this
336	336	9 paragraph (k), all persons who are not federally
337	337	10 licensed firearms dealers must also have complied with
338	338	11 subsection (a-10) of Section 3 of the Firearm Owners
339	339	12 Identification Card Act by determining the validity of
340	340	13 a purchaser's Firearm Owner's Identification Card.
341	341	14 (2) All sellers or transferors who have complied
342	342	15 with the requirements of subparagraph (1) of this
343	343	16 paragraph (k) shall not be liable for damages in any
344	344	17 civil action arising from the use or misuse by the
345	345	18 transferee of the firearm transferred, except for
346	346	19 willful or wanton misconduct on the part of the seller
347	347	20 or transferor.
348	348	21 (l) Not being entitled to the possession of a firearm,
349	349	22 delivers the firearm, knowing it to have been stolen or
350	350	23 converted. It may be inferred that a person who possesses
351	351	24 a firearm with knowledge that its serial number has been
352	352	25 removed or altered has knowledge that the firearm is
353	353	26 stolen or converted.
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364	364	1 (m) Sells or gives a firearm to a person who has been
365	365	2 convicted of a felony or who is a streetgang member.
366	366	3 (n) Sells or gives a firearm that has been purchased
367	367	4 or acquired out of state to a person who has been convicted
368	368	5 of a felony or who is a streetgang member.
369	369	6 (B) Paragraph (h) of subsection (A) does not include
370	370	7 firearms sold within 6 months after enactment of Public Act
371	371	8 78-355 (approved August 21, 1973, effective October 1, 1973),
372	372	9 nor is any firearm legally owned or possessed by any citizen or
373	373	10 purchased by any citizen within 6 months after the enactment
374	374	11 of Public Act 78-355 subject to confiscation or seizure under
375	375	12 the provisions of that Public Act. Nothing in Public Act
376	376	13 78-355 shall be construed to prohibit the gift or trade of any
377	377	14 firearm if that firearm was legally held or acquired within 6
378	378	15 months after the enactment of that Public Act.
379	379	16 (C) Sentence.
380	380	17 (1) Any person convicted of unlawful sale or delivery
381	381	18 of firearms in violation of paragraph (c), (e), (f), (g),
382	382	19 or (h) of subsection (A) commits a Class 4 felony.
383	383	20 (2) Any person convicted of unlawful sale or delivery
384	384	21 of firearms in violation of paragraph (b) or (i) of
385	385	22 subsection (A) commits a Class 3 felony.
386	386	23 (3) Any person convicted of unlawful sale or delivery
387	387	24 of firearms in violation of paragraph (a) of subsection
388	388	25 (A) commits a Class 2 felony.
389	389	26 (4) Any person convicted of unlawful sale or delivery
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399	399	HB4332 - 11 - LRB103 35080 RLC 65034 b
400	400	1 of firearms in violation of paragraph (a), (b), or (i) of
401	401	2 subsection (A) in any school, on the real property
402	402	3 comprising a school, within 1,000 feet of the real
403	403	4 property comprising a school, at a school related
404	404	5 activity, or on or within 1,000 feet of any conveyance
405	405	6 owned, leased, or contracted by a school or school
406	406	7 district to transport students to or from school or a
407	407	8 school related activity, regardless of the time of day or
408	408	9 time of year at which the offense was committed, commits a
409	409	10 Class 1 felony. Any person convicted of a second or
410	410	11 subsequent violation of unlawful sale or delivery of
411	411	12 firearms in violation of paragraph (a), (b), or (i) of
412	412	13 subsection (A) in any school, on the real property
413	413	14 comprising a school, within 1,000 feet of the real
414	414	15 property comprising a school, at a school related
415	415	16 activity, or on or within 1,000 feet of any conveyance
416	416	17 owned, leased, or contracted by a school or school
417	417	18 district to transport students to or from school or a
418	418	19 school related activity, regardless of the time of day or
419	419	20 time of year at which the offense was committed, commits a
420	420	21 Class 1 felony for which the sentence shall be a term of
421	421	22 imprisonment of no less than 5 years and no more than 15
422	422	23 years.
423	423	24 (5) Any person convicted of unlawful sale or delivery
424	424	25 of firearms in violation of paragraph (a) or (i) of
425	425	26 subsection (A) in residential property owned, operated, or
426	426
427	427
428	428
429	429
430	430
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432	432
433	433
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435	435	HB4332 - 12 - LRB103 35080 RLC 65034 b
436	436	1 managed by a public housing agency or leased by a public
437	437	2 housing agency as part of a scattered site or mixed-income
438	438	3 development, in a public park, in a courthouse, on
439	439	4 residential property owned, operated, or managed by a
440	440	5 public housing agency or leased by a public housing agency
441	441	6 as part of a scattered site or mixed-income development,
442	442	7 on the real property comprising any public park, on the
443	443	8 real property comprising any courthouse, or on any public
444	444	9 way within 1,000 feet of the real property comprising any
445	445	10 public park, courthouse, or residential property owned,
446	446	11 operated, or managed by a public housing agency or leased
447	447	12 by a public housing agency as part of a scattered site or
448	448	13 mixed-income development commits a Class 2 felony.
449	449	14 (6) Any person convicted of unlawful sale or delivery
450	450	15 of firearms in violation of paragraph (j) of subsection
451	451	16 (A) commits a Class A misdemeanor. A second or subsequent
452	452	17 violation is a Class 4 felony.
453	453	18 (7) Any person convicted of unlawful sale or delivery
454	454	19 of firearms in violation of paragraph (k) of subsection
455	455	20 (A) commits a Class 4 felony, except that a violation of
456	456	21 subparagraph (1) of paragraph (k) of subsection (A) shall
457	457	22 not be punishable as a crime or petty offense. A third or
458	458	23 subsequent conviction for a violation of paragraph (k) of
459	459	24 subsection (A) is a Class 1 felony.
460	460	25 (8) A person 18 years of age or older convicted of
461	461	26 unlawful sale or delivery of firearms in violation of
462	462
463	463
464	464
465	465
466	466
467	467	HB4332 - 12 - LRB103 35080 RLC 65034 b
468	468
469	469
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471	471	HB4332 - 13 - LRB103 35080 RLC 65034 b
472	472	1 paragraph (a) or (i) of subsection (A), when the firearm
473	473	2 that was sold or given to another person under 18 years of
474	474	3 age was used in the commission of or attempt to commit a
475	475	4 forcible felony, shall be fined or imprisoned, or both,
476	476	5 not to exceed the maximum provided for the most serious
477	477	6 forcible felony so committed or attempted by the person
478	478	7 under 18 years of age who was sold or given the firearm.
479	479	8 (9) Any person convicted of unlawful sale or delivery
480	480	9 of firearms in violation of paragraph (d) of subsection
481	481	10 (A) commits a Class 3 felony.
482	482	11 (10) Any person convicted of unlawful sale or delivery
483	483	12 of firearms in violation of paragraph (l) of subsection
484	484	13 (A) commits a Class 2 felony if the delivery is of one
485	485	14 firearm. Any person convicted of unlawful sale or delivery
486	486	15 of firearms in violation of paragraph (l) of subsection
487	487	16 (A) commits a Class 1 felony if the delivery is of not less
488	488	17 than 2 and not more than 5 firearms at the same time or
489	489	18 within a one-year period. Any person convicted of unlawful
490	490	19 sale or delivery of firearms in violation of paragraph (l)
491	491	20 of subsection (A) commits a Class X felony for which he or
492	492	21 she shall be sentenced to a term of imprisonment of not
493	493	22 less than 6 years and not more than 30 years if the
494	494	23 delivery is of not less than 6 and not more than 10
495	495	24 firearms at the same time or within a 2-year period. Any
496	496	25 person convicted of unlawful sale or delivery of firearms
497	497	26 in violation of paragraph (l) of subsection (A) commits a
498	498
499	499
500	500
501	501
502	502
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504	504
505	505
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507	507	HB4332 - 14 - LRB103 35080 RLC 65034 b
508	508	1 Class X felony for which he or she shall be sentenced to a
509	509	2 term of imprisonment of not less than 6 years and not more
510	510	3 than 40 years if the delivery is of not less than 11 and
511	511	4 not more than 20 firearms at the same time or within a
512	512	5 3-year period. Any person convicted of unlawful sale or
513	513	6 delivery of firearms in violation of paragraph (l) of
514	514	7 subsection (A) commits a Class X felony for which he or she
515	515	8 shall be sentenced to a term of imprisonment of not less
516	516	9 than 6 years and not more than 50 years if the delivery is
517	517	10 of not less than 21 and not more than 30 firearms at the
518	518	11 same time or within a 4-year period. Any person convicted
519	519	12 of unlawful sale or delivery of firearms in violation of
520	520	13 paragraph (l) of subsection (A) commits a Class X felony
521	521	14 for which he or she shall be sentenced to a term of
522	522	15 imprisonment of not less than 6 years and not more than 60
523	523	16 years if the delivery is of 31 or more firearms at the same
524	524	17 time or within a 5-year period.
525	525	18 (11) Any person convicted of unlawful sale or delivery
526	526	19 of firearms in violation of paragraph (m) or (n) of
527	527	20 subsection (A) commits a Class 1 felony.
528	528	21 (D) For purposes of this Section:
529	529	22 "School" means a public or private elementary or secondary
530	530	23 school, community college, college, or university.
531	531	24 "School related activity" means any sporting, social,
532	532	25 academic, or other activity for which students' attendance or
533	533	26 participation is sponsored, organized, or funded in whole or
534	534
535	535
536	536
537	537
538	538
539	539	HB4332 - 14 - LRB103 35080 RLC 65034 b
540	540
541	541
542	542	HB4332- 15 -LRB103 35080 RLC 65034 b HB4332 - 15 - LRB103 35080 RLC 65034 b
543	543	HB4332 - 15 - LRB103 35080 RLC 65034 b
544	544	1 in part by a school or school district.
545	545	2 (E) A prosecution for a violation of paragraph (k) of
546	546	3 subsection (A) of this Section may be commenced within 6 years
547	547	4 after the commission of the offense. A prosecution for a
548	548	5 violation of this Section other than paragraph (g) of
549	549	6 subsection (A) of this Section may be commenced within 5 years
550	550	7 after the commission of the offense defined in the particular
551	551	8 paragraph.
552	552	9 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
553	553	10 102-813, eff. 5-13-22.)
554	554	11 Section 10. The Unified Code of Corrections is amended by
555	555	12 changing Sections 5-4.5-95 and 5-5-3 as follows:
556	556	13 (730 ILCS 5/5-4.5-95)
557	557	14 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
558	558	15 (a) HABITUAL CRIMINALS.
559	559	16 (1) Every person who has been twice convicted in any
560	560	17 state or federal court of an offense that contains the
561	561	18 same elements as an offense now (the date of the offense
562	562	19 committed after the 2 prior convictions) classified in
563	563	20 Illinois as a Class X felony, criminal sexual assault,
564	564	21 aggravated kidnapping, or first degree murder, and who is
565	565	22 thereafter convicted of a Class X felony, criminal sexual
566	566	23 assault, or first degree murder, committed after the 2
567	567	24 prior convictions, shall be adjudged an habitual criminal.
568	568
569	569
570	570
571	571
572	572
573	573	HB4332 - 15 - LRB103 35080 RLC 65034 b
574	574
575	575
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577	577	HB4332 - 16 - LRB103 35080 RLC 65034 b
578	578	1 (2) The 2 prior convictions need not have been for the
579	579	2 same offense.
580	580	3 (3) Any convictions that result from or are connected
581	581	4 with the same transaction, or result from offenses
582	582	5 committed at the same time, shall be counted for the
583	583	6 purposes of this Section as one conviction.
584	584	7 (4) This Section does not apply unless each of the
585	585	8 following requirements are satisfied:
586	586	9 (A) The third offense was committed after July 3,
587	587	10 1980.
588	588	11 (B) The third offense was committed within 20
589	589	12 years of the date that judgment was entered on the
590	590	13 first conviction; provided, however, that time spent
591	591	14 in custody shall not be counted.
592	592	15 (C) The third offense was committed after
593	593	16 conviction on the second offense.
594	594	17 (D) The second offense was committed after
595	595	18 conviction on the first offense.
596	596	19 (E) (Blank). The first offense was committed when
597	597	20 the person was 21 years of age or older.
598	598	21 (5) Anyone who, having attained the age of 18 at the
599	599	22 time of the third offense, is adjudged an habitual
600	600	23 criminal shall be sentenced to a term of natural life
601	601	24 imprisonment.
602	602	25 (6) A prior conviction shall not be alleged in the
603	603	26 indictment, and no evidence or other disclosure of that
604	604
605	605
606	606
607	607
608	608
609	609	HB4332 - 16 - LRB103 35080 RLC 65034 b
610	610
611	611
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613	613	HB4332 - 17 - LRB103 35080 RLC 65034 b
614	614	1 conviction shall be presented to the court or the jury
615	615	2 during the trial of an offense set forth in this Section
616	616	3 unless otherwise permitted by the issues properly raised
617	617	4 in that trial. After a plea or verdict or finding of guilty
618	618	5 and before sentence is imposed, the prosecutor may file
619	619	6 with the court a verified written statement signed by the
620	620	7 State's Attorney concerning any former conviction of an
621	621	8 offense set forth in this Section rendered against the
622	622	9 defendant. The court shall then cause the defendant to be
623	623	10 brought before it; shall inform the defendant of the
624	624	11 allegations of the statement so filed, and of his or her
625	625	12 right to a hearing before the court on the issue of that
626	626	13 former conviction and of his or her right to counsel at
627	627	14 that hearing; and unless the defendant admits such
628	628	15 conviction, shall hear and determine the issue, and shall
629	629	16 make a written finding thereon. If a sentence has
630	630	17 previously been imposed, the court may vacate that
631	631	18 sentence and impose a new sentence in accordance with this
632	632	19 Section.
633	633	20 (7) A duly authenticated copy of the record of any
634	634	21 alleged former conviction of an offense set forth in this
635	635	22 Section shall be prima facie evidence of that former
636	636	23 conviction; and a duly authenticated copy of the record of
637	637	24 the defendant's final release or discharge from probation
638	638	25 granted, or from sentence and parole supervision (if any)
639	639	26 imposed pursuant to that former conviction, shall be prima
640	640
641	641
642	642
643	643
644	644
645	645	HB4332 - 17 - LRB103 35080 RLC 65034 b
646	646
647	647
648	648	HB4332- 18 -LRB103 35080 RLC 65034 b HB4332 - 18 - LRB103 35080 RLC 65034 b
649	649	HB4332 - 18 - LRB103 35080 RLC 65034 b
650	650	1 facie evidence of that release or discharge.
651	651	2 (8) Any claim that a previous conviction offered by
652	652	3 the prosecution is not a former conviction of an offense
653	653	4 set forth in this Section because of the existence of any
654	654	5 exceptions described in this Section, is waived unless
655	655	6 duly raised at the hearing on that conviction, or unless
656	656	7 the prosecution's proof shows the existence of the
657	657	8 exceptions described in this Section.
658	658	9 (9) If the person so convicted shows to the
659	659	10 satisfaction of the court before whom that conviction was
660	660	11 had that he or she was released from imprisonment, upon
661	661	12 either of the sentences upon a pardon granted for the
662	662	13 reason that he or she was innocent, that conviction and
663	663	14 sentence shall not be considered under this Section.
664	664	15 (b) When a defendant, over the age of 21 years, is
665	665	16 convicted of a Class 1 or Class 2 forcible felony, except for
666	666	17 an offense listed in subsection (d) of this Section, after
667	667	18 having twice been convicted in any state or federal court of an
668	668	19 offense that contains the same elements as an offense now (the
669	669	20 date the Class 1 or Class 2 forcible felony was committed)
670	670	21 classified in Illinois as a Class 2 or greater Class forcible
671	671	22 felony, except for an offense listed in subsection (d) of this
672	672	23 Section, and those charges are separately brought and tried
673	673	24 and arise out of different series of acts, that defendant
674	674	25 shall be sentenced as a Class X offender. This subsection does
675	675	26 not apply unless:
676	676
677	677
678	678
679	679
680	680
681	681	HB4332 - 18 - LRB103 35080 RLC 65034 b
682	682
683	683
684	684	HB4332- 19 -LRB103 35080 RLC 65034 b HB4332 - 19 - LRB103 35080 RLC 65034 b
685	685	HB4332 - 19 - LRB103 35080 RLC 65034 b
686	686	1 (1) the first forcible felony was committed after
687	687	2 February 1, 1978 (the effective date of Public Act
688	688	3 80-1099);
689	689	4 (2) the second forcible felony was committed after
690	690	5 conviction on the first;
691	691	6 (3) the third forcible felony was committed after
692	692	7 conviction on the second; and
693	693	8 (4) (blank). the first offense was committed when the
694	694	9 person was 21 years of age or older.
695	695	10 (c) (Blank).
696	696	11 (d) Subsection (b) of this Section does not apply to Class
697	697	12 1 or Class 2 felony convictions for a violation of Section 16-1
698	698	13 of the Criminal Code of 2012.
699	699	14 A person sentenced as a Class X offender under this
700	700	15 subsection (b) is not eligible to apply for treatment as a
701	701	16 condition of probation as provided by Section 40-10 of the
702	702	17 Substance Use Disorder Act (20 ILCS 301/40-10).
703	703	18 (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
704	704	19 101-652, eff. 7-1-21.)
705	705	20 (730 ILCS 5/5-5-3)
706	706	21 (Text of Section before amendment by P.A. 103-51)
707	707	22 Sec. 5-5-3. Disposition.
708	708	23 (a) (Blank).
709	709	24 (b) (Blank).
710	710	25 (c)(1) (Blank).
711	711
712	712
713	713
714	714
715	715
716	716	HB4332 - 19 - LRB103 35080 RLC 65034 b
717	717
718	718
719	719	HB4332- 20 -LRB103 35080 RLC 65034 b HB4332 - 20 - LRB103 35080 RLC 65034 b
720	720	HB4332 - 20 - LRB103 35080 RLC 65034 b
721	721	1 (2) A period of probation, a term of periodic imprisonment
722	722	2 or conditional discharge shall not be imposed for the
723	723	3 following offenses. The court shall sentence the offender to
724	724	4 not less than the minimum term of imprisonment set forth in
725	725	5 this Code for the following offenses, and may order a fine or
726	726	6 restitution or both in conjunction with such term of
727	727	7 imprisonment:
728	728	8 (A) First degree murder where the death penalty is not
729	729	9 imposed.
730	730	10 (B) Attempted first degree murder.
731	731	11 (C) A Class X felony.
732	732	12 (D) A violation of Section 401.1 or 407 of the
733	733	13 Illinois Controlled Substances Act, or a violation of
734	734	14 subdivision (c)(1.5) of Section 401 of that Act which
735	735	15 relates to more than 5 grams of a substance containing
736	736	16 fentanyl or an analog thereof.
737	737	17 (D-5) A violation of subdivision (c)(1) of Section 401
738	738	18 of the Illinois Controlled Substances Act which relates to
739	739	19 3 or more grams of a substance containing heroin or an
740	740	20 analog thereof.
741	741	21 (E) (Blank).
742	742	22 (F) A Class 1 or greater felony if the offender had
743	743	23 been convicted of a Class 1 or greater felony, including
744	744	24 any state or federal conviction for an offense that
745	745	25 contained, at the time it was committed, the same elements
746	746	26 as an offense now (the date of the offense committed after
747	747
748	748
749	749
750	750
751	751
752	752	HB4332 - 20 - LRB103 35080 RLC 65034 b
753	753
754	754
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756	756	HB4332 - 21 - LRB103 35080 RLC 65034 b
757	757	1 the prior Class 1 or greater felony) classified as a Class
758	758	2 1 or greater felony, within 10 years of the date on which
759	759	3 the offender committed the offense for which he or she is
760	760	4 being sentenced, except as otherwise provided in Section
761	761	5 40-10 of the Substance Use Disorder Act.
762	762	6 (F-3) A Class 2 or greater felony sex offense or
763	763	7 felony firearm offense if the offender had been convicted
764	764	8 of a Class 2 or greater felony, including any state or
765	765	9 federal conviction for an offense that contained, at the
766	766	10 time it was committed, the same elements as an offense now
767	767	11 (the date of the offense committed after the prior Class 2
768	768	12 or greater felony) classified as a Class 2 or greater
769	769	13 felony, within 10 years of the date on which the offender
770	770	14 committed the offense for which he or she is being
771	771	15 sentenced, except as otherwise provided in Section 40-10
772	772	16 of the Substance Use Disorder Act.
773	773	17 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
774	774	18 of the Criminal Code of 1961 or the Criminal Code of 2012
775	775	19 for which imprisonment is prescribed in those Sections.
776	776	20 (G) Residential burglary, except as otherwise provided
777	777	21 in Section 40-10 of the Substance Use Disorder Act.
778	778	22 (H) Criminal sexual assault.
779	779	23 (I) Aggravated battery of a senior citizen as
780	780	24 described in Section 12-4.6 or subdivision (a)(4) of
781	781	25 Section 12-3.05 of the Criminal Code of 1961 or the
782	782	26 Criminal Code of 2012.
783	783
784	784
785	785
786	786
787	787
788	788	HB4332 - 21 - LRB103 35080 RLC 65034 b
789	789
790	790
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792	792	HB4332 - 22 - LRB103 35080 RLC 65034 b
793	793	1 (J) A forcible felony if the offense was related to
794	794	2 the activities of an organized gang.
795	795	3 Before July 1, 1994, for the purposes of this
796	796	4 paragraph, "organized gang" means an association of 5 or
797	797	5 more persons, with an established hierarchy, that
798	798	6 encourages members of the association to perpetrate crimes
799	799	7 or provides support to the members of the association who
800	800	8 do commit crimes.
801	801	9 Beginning July 1, 1994, for the purposes of this
802	802	10 paragraph, "organized gang" has the meaning ascribed to it
803	803	11 in Section 10 of the Illinois Streetgang Terrorism Omnibus
804	804	12 Prevention Act.
805	805	13 (K) Vehicular hijacking.
806	806	14 (L) A second or subsequent conviction for the offense
807	807	15 of hate crime when the underlying offense upon which the
808	808	16 hate crime is based is felony aggravated assault or felony
809	809	17 mob action.
810	810	18 (M) A second or subsequent conviction for the offense
811	811	19 of institutional vandalism if the damage to the property
812	812	20 exceeds $300.
813	813	21 (N) A Class 3 felony violation of paragraph (1) of
814	814	22 subsection (a) of Section 2 of the Firearm Owners
815	815	23 Identification Card Act.
816	816	24 (O) A violation of Section 12-6.1 or 12-6.5 of the
817	817	25 Criminal Code of 1961 or the Criminal Code of 2012.
818	818	26 (P) A violation of paragraph (1), (2), (3), (4), (5),
819	819
820	820
821	821
822	822
823	823
824	824	HB4332 - 22 - LRB103 35080 RLC 65034 b
825	825
826	826
827	827	HB4332- 23 -LRB103 35080 RLC 65034 b HB4332 - 23 - LRB103 35080 RLC 65034 b
828	828	HB4332 - 23 - LRB103 35080 RLC 65034 b
829	829	1 or (7) of subsection (a) of Section 11-20.1 of the
830	830	2 Criminal Code of 1961 or the Criminal Code of 2012.
831	831	3 (P-5) A violation of paragraph (6) of subsection (a)
832	832	4 of Section 11-20.1 of the Criminal Code of 1961 or the
833	833	5 Criminal Code of 2012 if the victim is a household or
834	834	6 family member of the defendant.
835	835	7 (Q) A violation of subsection (b) or (b-5) of Section
836	836	8 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
837	837	9 Code of 1961 or the Criminal Code of 2012.
838	838	10 (R) A violation of Section 24-3A of the Criminal Code
839	839	11 of 1961 or the Criminal Code of 2012.
840	840	12 (S) (Blank).
841	841	13 (T) (Blank).
842	842	14 (U) A second or subsequent violation of Section 6-303
843	843	15 of the Illinois Vehicle Code committed while his or her
844	844	16 driver's license, permit, or privilege was revoked because
845	845	17 of a violation of Section 9-3 of the Criminal Code of 1961
846	846	18 or the Criminal Code of 2012, relating to the offense of
847	847	19 reckless homicide, or a similar provision of a law of
848	848	20 another state.
849	849	21 (V) A violation of paragraph (4) of subsection (c) of
850	850	22 Section 11-20.1B or paragraph (4) of subsection (c) of
851	851	23 Section 11-20.3 of the Criminal Code of 1961, or paragraph
852	852	24 (6) of subsection (a) of Section 11-20.1 of the Criminal
853	853	25 Code of 2012 when the victim is under 13 years of age and
854	854	26 the defendant has previously been convicted under the laws
855	855
856	856
857	857
858	858
859	859
860	860	HB4332 - 23 - LRB103 35080 RLC 65034 b
861	861
862	862
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864	864	HB4332 - 24 - LRB103 35080 RLC 65034 b
865	865	1 of this State or any other state of the offense of child
866	866	2 pornography, aggravated child pornography, aggravated
867	867	3 criminal sexual abuse, aggravated criminal sexual assault,
868	868	4 predatory criminal sexual assault of a child, or any of
869	869	5 the offenses formerly known as rape, deviate sexual
870	870	6 assault, indecent liberties with a child, or aggravated
871	871	7 indecent liberties with a child where the victim was under
872	872	8 the age of 18 years or an offense that is substantially
873	873	9 equivalent to those offenses.
874	874	10 (W) A violation of Section 24-3.5 of the Criminal Code
875	875	11 of 1961 or the Criminal Code of 2012.
876	876	12 (X) A violation of subsection (a) of Section 31-1a of
877	877	13 the Criminal Code of 1961 or the Criminal Code of 2012.
878	878	14 (Y) A conviction for unlawful possession of a firearm
879	879	15 by a street gang member when the firearm was loaded or
880	880	16 contained firearm ammunition.
881	881	17 (Z) A Class 1 felony committed while he or she was
882	882	18 serving a term of probation or conditional discharge for a
883	883	19 felony.
884	884	20 (AA) Theft of property exceeding $500,000 and not
885	885	21 exceeding $1,000,000 in value.
886	886	22 (BB) Laundering of criminally derived property of a
887	887	23 value exceeding $500,000.
888	888	24 (CC) Knowingly selling, offering for sale, holding for
889	889	25 sale, or using 2,000 or more counterfeit items or
890	890	26 counterfeit items having a retail value in the aggregate
891	891
892	892
893	893
894	894
895	895
896	896	HB4332 - 24 - LRB103 35080 RLC 65034 b
897	897
898	898
899	899	HB4332- 25 -LRB103 35080 RLC 65034 b HB4332 - 25 - LRB103 35080 RLC 65034 b
900	900	HB4332 - 25 - LRB103 35080 RLC 65034 b
901	901	1 of $500,000 or more.
902	902	2 (DD) A conviction for aggravated assault under
903	903	3 paragraph (6) of subsection (c) of Section 12-2 of the
904	904	4 Criminal Code of 1961 or the Criminal Code of 2012 if the
905	905	5 firearm is aimed toward the person against whom the
906	906	6 firearm is being used.
907	907	7 (EE) A conviction for a violation of paragraph (2) of
908	908	8 subsection (a) of Section 24-3B of the Criminal Code of
909	909	9 2012.
910	910	10 (3) (Blank).
911	911	11 (4) A minimum term of imprisonment of not less than 10
912	912	12 consecutive days or 30 days of community service shall be
913	913	13 imposed for a violation of paragraph (c) of Section 6-303 of
914	914	14 the Illinois Vehicle Code.
915	915	15 (4.1) (Blank).
916	916	16 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
917	917	17 this subsection (c), a minimum of 100 hours of community
918	918	18 service shall be imposed for a second violation of Section
919	919	19 6-303 of the Illinois Vehicle Code.
920	920	20 (4.3) A minimum term of imprisonment of 30 days or 300
921	921	21 hours of community service, as determined by the court, shall
922	922	22 be imposed for a second violation of subsection (c) of Section
923	923	23 6-303 of the Illinois Vehicle Code.
924	924	24 (4.4) Except as provided in paragraphs (4.5), (4.6), and
925	925	25 (4.9) of this subsection (c), a minimum term of imprisonment
926	926	26 of 30 days or 300 hours of community service, as determined by
927	927
928	928
929	929
930	930
931	931
932	932	HB4332 - 25 - LRB103 35080 RLC 65034 b
933	933
934	934
935	935	HB4332- 26 -LRB103 35080 RLC 65034 b HB4332 - 26 - LRB103 35080 RLC 65034 b
936	936	HB4332 - 26 - LRB103 35080 RLC 65034 b
937	937	1 the court, shall be imposed for a third or subsequent
938	938	2 violation of Section 6-303 of the Illinois Vehicle Code. The
939	939	3 court may give credit toward the fulfillment of community
940	940	4 service hours for participation in activities and treatment as
941	941	5 determined by court services.
942	942	6 (4.5) A minimum term of imprisonment of 30 days shall be
943	943	7 imposed for a third violation of subsection (c) of Section
944	944	8 6-303 of the Illinois Vehicle Code.
945	945	9 (4.6) Except as provided in paragraph (4.10) of this
946	946	10 subsection (c), a minimum term of imprisonment of 180 days
947	947	11 shall be imposed for a fourth or subsequent violation of
948	948	12 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
949	949	13 (4.7) A minimum term of imprisonment of not less than 30
950	950	14 consecutive days, or 300 hours of community service, shall be
951	951	15 imposed for a violation of subsection (a-5) of Section 6-303
952	952	16 of the Illinois Vehicle Code, as provided in subsection (b-5)
953	953	17 of that Section.
954	954	18 (4.8) A mandatory prison sentence shall be imposed for a
955	955	19 second violation of subsection (a-5) of Section 6-303 of the
956	956	20 Illinois Vehicle Code, as provided in subsection (c-5) of that
957	957	21 Section. The person's driving privileges shall be revoked for
958	958	22 a period of not less than 5 years from the date of his or her
959	959	23 release from prison.
960	960	24 (4.9) A mandatory prison sentence of not less than 4 and
961	961	25 not more than 15 years shall be imposed for a third violation
962	962	26 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
963	963
964	964
965	965
966	966
967	967
968	968	HB4332 - 26 - LRB103 35080 RLC 65034 b
969	969
970	970
971	971	HB4332- 27 -LRB103 35080 RLC 65034 b HB4332 - 27 - LRB103 35080 RLC 65034 b
972	972	HB4332 - 27 - LRB103 35080 RLC 65034 b
973	973	1 Code, as provided in subsection (d-2.5) of that Section. The
974	974	2 person's driving privileges shall be revoked for the remainder
975	975	3 of his or her life.
976	976	4 (4.10) A mandatory prison sentence for a Class 1 felony
977	977	5 shall be imposed, and the person shall be eligible for an
978	978	6 extended term sentence, for a fourth or subsequent violation
979	979	7 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
980	980	8 Code, as provided in subsection (d-3.5) of that Section. The
981	981	9 person's driving privileges shall be revoked for the remainder
982	982	10 of his or her life.
983	983	11 (5) The court may sentence a corporation or unincorporated
984	984	12 association convicted of any offense to:
985	985	13 (A) a period of conditional discharge;
986	986	14 (B) a fine;
987	987	15 (C) make restitution to the victim under Section 5-5-6
988	988	16 of this Code.
989	989	17 (5.1) In addition to any other penalties imposed, and
990	990	18 except as provided in paragraph (5.2) or (5.3), a person
991	991	19 convicted of violating subsection (c) of Section 11-907 of the
992	992	20 Illinois Vehicle Code shall have his or her driver's license,
993	993	21 permit, or privileges suspended for at least 90 days but not
994	994	22 more than one year, if the violation resulted in damage to the
995	995	23 property of another person.
996	996	24 (5.2) In addition to any other penalties imposed, and
997	997	25 except as provided in paragraph (5.3), a person convicted of
998	998	26 violating subsection (c) of Section 11-907 of the Illinois
999	999
1000	1000
1001	1001
1002	1002
1003	1003
1004	1004	HB4332 - 27 - LRB103 35080 RLC 65034 b
1005	1005
1006	1006
1007	1007	HB4332- 28 -LRB103 35080 RLC 65034 b HB4332 - 28 - LRB103 35080 RLC 65034 b
1008	1008	HB4332 - 28 - LRB103 35080 RLC 65034 b
1009	1009	1 Vehicle Code shall have his or her driver's license, permit,
1010	1010	2 or privileges suspended for at least 180 days but not more than
1011	1011	3 2 years, if the violation resulted in injury to another
1012	1012	4 person.
1013	1013	5 (5.3) In addition to any other penalties imposed, a person
1014	1014	6 convicted of violating subsection (c) of Section 11-907 of the
1015	1015	7 Illinois Vehicle Code shall have his or her driver's license,
1016	1016	8 permit, or privileges suspended for 2 years, if the violation
1017	1017	9 resulted in the death of another person.
1018	1018	10 (5.4) In addition to any other penalties imposed, a person
1019	1019	11 convicted of violating Section 3-707 of the Illinois Vehicle
1020	1020	12 Code shall have his or her driver's license, permit, or
1021	1021	13 privileges suspended for 3 months and until he or she has paid
1022	1022	14 a reinstatement fee of $100.
1023	1023	15 (5.5) In addition to any other penalties imposed, a person
1024	1024	16 convicted of violating Section 3-707 of the Illinois Vehicle
1025	1025	17 Code during a period in which his or her driver's license,
1026	1026	18 permit, or privileges were suspended for a previous violation
1027	1027	19 of that Section shall have his or her driver's license,
1028	1028	20 permit, or privileges suspended for an additional 6 months
1029	1029	21 after the expiration of the original 3-month suspension and
1030	1030	22 until he or she has paid a reinstatement fee of $100.
1031	1031	23 (6) (Blank).
1032	1032	24 (7) (Blank).
1033	1033	25 (8) (Blank).
1034	1034	26 (9) A defendant convicted of a second or subsequent
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039
1040	1040	HB4332 - 28 - LRB103 35080 RLC 65034 b
1041	1041
1042	1042
1043	1043	HB4332- 29 -LRB103 35080 RLC 65034 b HB4332 - 29 - LRB103 35080 RLC 65034 b
1044	1044	HB4332 - 29 - LRB103 35080 RLC 65034 b
1045	1045	1 offense of ritualized abuse of a child may be sentenced to a
1046	1046	2 term of natural life imprisonment.
1047	1047	3 (10) (Blank).
1048	1048	4 (11) The court shall impose a minimum fine of $1,000 for a
1049	1049	5 first offense and $2,000 for a second or subsequent offense
1050	1050	6 upon a person convicted of or placed on supervision for
1051	1051	7 battery when the individual harmed was a sports official or
1052	1052	8 coach at any level of competition and the act causing harm to
1053	1053	9 the sports official or coach occurred within an athletic
1054	1054	10 facility or within the immediate vicinity of the athletic
1055	1055	11 facility at which the sports official or coach was an active
1056	1056	12 participant of the athletic contest held at the athletic
1057	1057	13 facility. For the purposes of this paragraph (11), "sports
1058	1058	14 official" means a person at an athletic contest who enforces
1059	1059	15 the rules of the contest, such as an umpire or referee;
1060	1060	16 "athletic facility" means an indoor or outdoor playing field
1061	1061	17 or recreational area where sports activities are conducted;
1062	1062	18 and "coach" means a person recognized as a coach by the
1063	1063	19 sanctioning authority that conducted the sporting event.
1064	1064	20 (12) A person may not receive a disposition of court
1065	1065	21 supervision for a violation of Section 5-16 of the Boat
1066	1066	22 Registration and Safety Act if that person has previously
1067	1067	23 received a disposition of court supervision for a violation of
1068	1068	24 that Section.
1069	1069	25 (13) A person convicted of or placed on court supervision
1070	1070	26 for an assault or aggravated assault when the victim and the
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075
1076	1076	HB4332 - 29 - LRB103 35080 RLC 65034 b
1077	1077
1078	1078
1079	1079	HB4332- 30 -LRB103 35080 RLC 65034 b HB4332 - 30 - LRB103 35080 RLC 65034 b
1080	1080	HB4332 - 30 - LRB103 35080 RLC 65034 b
1081	1081	1 offender are family or household members as defined in Section
1082	1082	2 103 of the Illinois Domestic Violence Act of 1986 or convicted
1083	1083	3 of domestic battery or aggravated domestic battery may be
1084	1084	4 required to attend a Partner Abuse Intervention Program under
1085	1085	5 protocols set forth by the Illinois Department of Human
1086	1086	6 Services under such terms and conditions imposed by the court.
1087	1087	7 The costs of such classes shall be paid by the offender.
1088	1088	8 (d) In any case in which a sentence originally imposed is
1089	1089	9 vacated, the case shall be remanded to the trial court. The
1090	1090	10 trial court shall hold a hearing under Section 5-4-1 of this
1091	1091	11 Code which may include evidence of the defendant's life, moral
1092	1092	12 character and occupation during the time since the original
1093	1093	13 sentence was passed. The trial court shall then impose
1094	1094	14 sentence upon the defendant. The trial court may impose any
1095	1095	15 sentence which could have been imposed at the original trial
1096	1096	16 subject to Section 5-5-4 of this Code. If a sentence is vacated
1097	1097	17 on appeal or on collateral attack due to the failure of the
1098	1098	18 trier of fact at trial to determine beyond a reasonable doubt
1099	1099	19 the existence of a fact (other than a prior conviction)
1100	1100	20 necessary to increase the punishment for the offense beyond
1101	1101	21 the statutory maximum otherwise applicable, either the
1102	1102	22 defendant may be re-sentenced to a term within the range
1103	1103	23 otherwise provided or, if the State files notice of its
1104	1104	24 intention to again seek the extended sentence, the defendant
1105	1105	25 shall be afforded a new trial.
1106	1106	26 (e) In cases where prosecution for aggravated criminal
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111
1112	1112	HB4332 - 30 - LRB103 35080 RLC 65034 b
1113	1113
1114	1114
1115	1115	HB4332- 31 -LRB103 35080 RLC 65034 b HB4332 - 31 - LRB103 35080 RLC 65034 b
1116	1116	HB4332 - 31 - LRB103 35080 RLC 65034 b
1117	1117	1 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1118	1118	2 Code of 1961 or the Criminal Code of 2012 results in conviction
1119	1119	3 of a defendant who was a family member of the victim at the
1120	1120	4 time of the commission of the offense, the court shall
1121	1121	5 consider the safety and welfare of the victim and may impose a
1122	1122	6 sentence of probation only where:
1123	1123	7 (1) the court finds (A) or (B) or both are
1124	1124	8 appropriate:
1125	1125	9 (A) the defendant is willing to undergo a court
1126	1126	10 approved counseling program for a minimum duration of
1127	1127	11 2 years; or
1128	1128	12 (B) the defendant is willing to participate in a
1129	1129	13 court approved plan, including, but not limited to,
1130	1130	14 the defendant's:
1131	1131	15 (i) removal from the household;
1132	1132	16 (ii) restricted contact with the victim;
1133	1133	17 (iii) continued financial support of the
1134	1134	18 family;
1135	1135	19 (iv) restitution for harm done to the victim;
1136	1136	20 and
1137	1137	21 (v) compliance with any other measures that
1138	1138	22 the court may deem appropriate; and
1139	1139	23 (2) the court orders the defendant to pay for the
1140	1140	24 victim's counseling services, to the extent that the court
1141	1141	25 finds, after considering the defendant's income and
1142	1142	26 assets, that the defendant is financially capable of
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147
1148	1148	HB4332 - 31 - LRB103 35080 RLC 65034 b
1149	1149
1150	1150
1151	1151	HB4332- 32 -LRB103 35080 RLC 65034 b HB4332 - 32 - LRB103 35080 RLC 65034 b
1152	1152	HB4332 - 32 - LRB103 35080 RLC 65034 b
1153	1153	1 paying for such services, if the victim was under 18 years
1154	1154	2 of age at the time the offense was committed and requires
1155	1155	3 counseling as a result of the offense.
1156	1156	4 Probation may be revoked or modified pursuant to Section
1157	1157	5 5-6-4; except where the court determines at the hearing that
1158	1158	6 the defendant violated a condition of his or her probation
1159	1159	7 restricting contact with the victim or other family members or
1160	1160	8 commits another offense with the victim or other family
1161	1161	9 members, the court shall revoke the defendant's probation and
1162	1162	10 impose a term of imprisonment.
1163	1163	11 For the purposes of this Section, "family member" and
1164	1164	12 "victim" shall have the meanings ascribed to them in Section
1165	1165	13 11-0.1 of the Criminal Code of 2012.
1166	1166	14 (f) (Blank).
1167	1167	15 (g) Whenever a defendant is convicted of an offense under
1168	1168	16 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1169	1169	17 11-14.3, 11-14.4 except for an offense that involves keeping a
1170	1170	18 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1171	1171	19 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1172	1172	20 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1173	1173	21 Criminal Code of 2012, the defendant shall undergo medical
1174	1174	22 testing to determine whether the defendant has any sexually
1175	1175	23 transmissible disease, including a test for infection with
1176	1176	24 human immunodeficiency virus (HIV) or any other identified
1177	1177	25 causative agent of acquired immunodeficiency syndrome (AIDS).
1178	1178	26 Any such medical test shall be performed only by appropriately
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183
1184	1184	HB4332 - 32 - LRB103 35080 RLC 65034 b
1185	1185
1186	1186
1187	1187	HB4332- 33 -LRB103 35080 RLC 65034 b HB4332 - 33 - LRB103 35080 RLC 65034 b
1188	1188	HB4332 - 33 - LRB103 35080 RLC 65034 b
1189	1189	1 licensed medical practitioners and may include an analysis of
1190	1190	2 any bodily fluids as well as an examination of the defendant's
1191	1191	3 person. Except as otherwise provided by law, the results of
1192	1192	4 such test shall be kept strictly confidential by all medical
1193	1193	5 personnel involved in the testing and must be personally
1194	1194	6 delivered in a sealed envelope to the judge of the court in
1195	1195	7 which the conviction was entered for the judge's inspection in
1196	1196	8 camera. Acting in accordance with the best interests of the
1197	1197	9 victim and the public, the judge shall have the discretion to
1198	1198	10 determine to whom, if anyone, the results of the testing may be
1199	1199	11 revealed. The court shall notify the defendant of the test
1200	1200	12 results. The court shall also notify the victim if requested
1201	1201	13 by the victim, and if the victim is under the age of 15 and if
1202	1202	14 requested by the victim's parents or legal guardian, the court
1203	1203	15 shall notify the victim's parents or legal guardian of the
1204	1204	16 test results. The court shall provide information on the
1205	1205	17 availability of HIV testing and counseling at Department of
1206	1206	18 Public Health facilities to all parties to whom the results of
1207	1207	19 the testing are revealed and shall direct the State's Attorney
1208	1208	20 to provide the information to the victim when possible. The
1209	1209	21 court shall order that the cost of any such test shall be paid
1210	1210	22 by the county and may be taxed as costs against the convicted
1211	1211	23 defendant.
1212	1212	24 (g-5) When an inmate is tested for an airborne
1213	1213	25 communicable disease, as determined by the Illinois Department
1214	1214	26 of Public Health, including, but not limited to, tuberculosis,
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219
1220	1220	HB4332 - 33 - LRB103 35080 RLC 65034 b
1221	1221
1222	1222
1223	1223	HB4332- 34 -LRB103 35080 RLC 65034 b HB4332 - 34 - LRB103 35080 RLC 65034 b
1224	1224	HB4332 - 34 - LRB103 35080 RLC 65034 b
1225	1225	1 the results of the test shall be personally delivered by the
1226	1226	2 warden or his or her designee in a sealed envelope to the judge
1227	1227	3 of the court in which the inmate must appear for the judge's
1228	1228	4 inspection in camera if requested by the judge. Acting in
1229	1229	5 accordance with the best interests of those in the courtroom,
1230	1230	6 the judge shall have the discretion to determine what if any
1231	1231	7 precautions need to be taken to prevent transmission of the
1232	1232	8 disease in the courtroom.
1233	1233	9 (h) Whenever a defendant is convicted of an offense under
1234	1234	10 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
1235	1235	11 defendant shall undergo medical testing to determine whether
1236	1236	12 the defendant has been exposed to human immunodeficiency virus
1237	1237	13 (HIV) or any other identified causative agent of acquired
1238	1238	14 immunodeficiency syndrome (AIDS). Except as otherwise provided
1239	1239	15 by law, the results of such test shall be kept strictly
1240	1240	16 confidential by all medical personnel involved in the testing
1241	1241	17 and must be personally delivered in a sealed envelope to the
1242	1242	18 judge of the court in which the conviction was entered for the
1243	1243	19 judge's inspection in camera. Acting in accordance with the
1244	1244	20 best interests of the public, the judge shall have the
1245	1245	21 discretion to determine to whom, if anyone, the results of the
1246	1246	22 testing may be revealed. The court shall notify the defendant
1247	1247	23 of a positive test showing an infection with the human
1248	1248	24 immunodeficiency virus (HIV). The court shall provide
1249	1249	25 information on the availability of HIV testing and counseling
1250	1250	26 at Department of Public Health facilities to all parties to
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256	HB4332 - 34 - LRB103 35080 RLC 65034 b
1257	1257
1258	1258
1259	1259	HB4332- 35 -LRB103 35080 RLC 65034 b HB4332 - 35 - LRB103 35080 RLC 65034 b
1260	1260	HB4332 - 35 - LRB103 35080 RLC 65034 b
1261	1261	1 whom the results of the testing are revealed and shall direct
1262	1262	2 the State's Attorney to provide the information to the victim
1263	1263	3 when possible. The court shall order that the cost of any such
1264	1264	4 test shall be paid by the county and may be taxed as costs
1265	1265	5 against the convicted defendant.
1266	1266	6 (i) All fines and penalties imposed under this Section for
1267	1267	7 any violation of Chapters 3, 4, 6, and 11 of the Illinois
1268	1268	8 Vehicle Code, or a similar provision of a local ordinance, and
1269	1269	9 any violation of the Child Passenger Protection Act, or a
1270	1270	10 similar provision of a local ordinance, shall be collected and
1271	1271	11 disbursed by the circuit clerk as provided under the Criminal
1272	1272	12 and Traffic Assessment Act.
1273	1273	13 (j) In cases when prosecution for any violation of Section
1274	1274	14 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1275	1275	15 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1276	1276	16 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1277	1277	17 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1278	1278	18 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
1279	1279	19 Code of 2012, any violation of the Illinois Controlled
1280	1280	20 Substances Act, any violation of the Cannabis Control Act, or
1281	1281	21 any violation of the Methamphetamine Control and Community
1282	1282	22 Protection Act results in conviction, a disposition of court
1283	1283	23 supervision, or an order of probation granted under Section 10
1284	1284	24 of the Cannabis Control Act, Section 410 of the Illinois
1285	1285	25 Controlled Substances Act, or Section 70 of the
1286	1286	26 Methamphetamine Control and Community Protection Act of a
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292	HB4332 - 35 - LRB103 35080 RLC 65034 b
1293	1293
1294	1294
1295	1295	HB4332- 36 -LRB103 35080 RLC 65034 b HB4332 - 36 - LRB103 35080 RLC 65034 b
1296	1296	HB4332 - 36 - LRB103 35080 RLC 65034 b
1297	1297	1 defendant, the court shall determine whether the defendant is
1298	1298	2 employed by a facility or center as defined under the Child
1299	1299	3 Care Act of 1969, a public or private elementary or secondary
1300	1300	4 school, or otherwise works with children under 18 years of age
1301	1301	5 on a daily basis. When a defendant is so employed, the court
1302	1302	6 shall order the Clerk of the Court to send a copy of the
1303	1303	7 judgment of conviction or order of supervision or probation to
1304	1304	8 the defendant's employer by certified mail. If the employer of
1305	1305	9 the defendant is a school, the Clerk of the Court shall direct
1306	1306	10 the mailing of a copy of the judgment of conviction or order of
1307	1307	11 supervision or probation to the appropriate regional
1308	1308	12 superintendent of schools. The regional superintendent of
1309	1309	13 schools shall notify the State Board of Education of any
1310	1310	14 notification under this subsection.
1311	1311	15 (j-5) A defendant at least 17 years of age who is convicted
1312	1312	16 of a felony and who has not been previously convicted of a
1313	1313	17 misdemeanor or felony and who is sentenced to a term of
1314	1314	18 imprisonment in the Illinois Department of Corrections shall
1315	1315	19 as a condition of his or her sentence be required by the court
1316	1316	20 to attend educational courses designed to prepare the
1317	1317	21 defendant for a high school diploma and to work toward a high
1318	1318	22 school diploma or to work toward passing high school
1319	1319	23 equivalency testing or to work toward completing a vocational
1320	1320	24 training program offered by the Department of Corrections. If
1321	1321	25 a defendant fails to complete the educational training
1322	1322	26 required by his or her sentence during the term of
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327
1328	1328	HB4332 - 36 - LRB103 35080 RLC 65034 b
1329	1329
1330	1330
1331	1331	HB4332- 37 -LRB103 35080 RLC 65034 b HB4332 - 37 - LRB103 35080 RLC 65034 b
1332	1332	HB4332 - 37 - LRB103 35080 RLC 65034 b
1333	1333	1 incarceration, the Prisoner Review Board shall, as a condition
1334	1334	2 of mandatory supervised release, require the defendant, at his
1335	1335	3 or her own expense, to pursue a course of study toward a high
1336	1336	4 school diploma or passage of high school equivalency testing.
1337	1337	5 The Prisoner Review Board shall revoke the mandatory
1338	1338	6 supervised release of a defendant who wilfully fails to comply
1339	1339	7 with this subsection (j-5) upon his or her release from
1340	1340	8 confinement in a penal institution while serving a mandatory
1341	1341	9 supervised release term; however, the inability of the
1342	1342	10 defendant after making a good faith effort to obtain financial
1343	1343	11 aid or pay for the educational training shall not be deemed a
1344	1344	12 wilful failure to comply. The Prisoner Review Board shall
1345	1345	13 recommit the defendant whose mandatory supervised release term
1346	1346	14 has been revoked under this subsection (j-5) as provided in
1347	1347	15 Section 3-3-9. This subsection (j-5) does not apply to a
1348	1348	16 defendant who has a high school diploma or has successfully
1349	1349	17 passed high school equivalency testing. This subsection (j-5)
1350	1350	18 does not apply to a defendant who is determined by the court to
1351	1351	19 be a person with a developmental disability or otherwise
1352	1352	20 mentally incapable of completing the educational or vocational
1353	1353	21 program.
1354	1354	22 (k) (Blank).
1355	1355	23 (l)(A) Except as provided in paragraph (C) of subsection
1356	1356	24 (l), whenever a defendant, who is not a citizen or national of
1357	1357	25 the United States, is convicted of any felony or misdemeanor
1358	1358	26 offense, the court after sentencing the defendant may, upon
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363
1364	1364	HB4332 - 37 - LRB103 35080 RLC 65034 b
1365	1365
1366	1366
1367	1367	HB4332- 38 -LRB103 35080 RLC 65034 b HB4332 - 38 - LRB103 35080 RLC 65034 b
1368	1368	HB4332 - 38 - LRB103 35080 RLC 65034 b
1369	1369	1 motion of the State's Attorney, hold sentence in abeyance and
1370	1370	2 remand the defendant to the custody of the Attorney General of
1371	1371	3 the United States or his or her designated agent to be deported
1372	1372	4 when:
1373	1373	5 (1) a final order of deportation has been issued
1374	1374	6 against the defendant pursuant to proceedings under the
1375	1375	7 Immigration and Nationality Act, and
1376	1376	8 (2) the deportation of the defendant would not
1377	1377	9 deprecate the seriousness of the defendant's conduct and
1378	1378	10 would not be inconsistent with the ends of justice.
1379	1379	11 Otherwise, the defendant shall be sentenced as provided in
1380	1380	12 this Chapter V.
1381	1381	13 (B) If the defendant has already been sentenced for a
1382	1382	14 felony or misdemeanor offense, or has been placed on probation
1383	1383	15 under Section 10 of the Cannabis Control Act, Section 410 of
1384	1384	16 the Illinois Controlled Substances Act, or Section 70 of the
1385	1385	17 Methamphetamine Control and Community Protection Act, the
1386	1386	18 court may, upon motion of the State's Attorney to suspend the
1387	1387	19 sentence imposed, commit the defendant to the custody of the
1388	1388	20 Attorney General of the United States or his or her designated
1389	1389	21 agent when:
1390	1390	22 (1) a final order of deportation has been issued
1391	1391	23 against the defendant pursuant to proceedings under the
1392	1392	24 Immigration and Nationality Act, and
1393	1393	25 (2) the deportation of the defendant would not
1394	1394	26 deprecate the seriousness of the defendant's conduct and
1395	1395
1396	1396
1397	1397
1398	1398
1399	1399
1400	1400	HB4332 - 38 - LRB103 35080 RLC 65034 b
1401	1401
1402	1402
1403	1403	HB4332- 39 -LRB103 35080 RLC 65034 b HB4332 - 39 - LRB103 35080 RLC 65034 b
1404	1404	HB4332 - 39 - LRB103 35080 RLC 65034 b
1405	1405	1 would not be inconsistent with the ends of justice.
1406	1406	2 (C) This subsection (l) does not apply to offenders who
1407	1407	3 are subject to the provisions of paragraph (2) of subsection
1408	1408	4 (a) of Section 3-6-3.
1409	1409	5 (D) Upon motion of the State's Attorney, if a defendant
1410	1410	6 sentenced under this Section returns to the jurisdiction of
1411	1411	7 the United States, the defendant shall be recommitted to the
1412	1412	8 custody of the county from which he or she was sentenced.
1413	1413	9 Thereafter, the defendant shall be brought before the
1414	1414	10 sentencing court, which may impose any sentence that was
1415	1415	11 available under Section 5-5-3 at the time of initial
1416	1416	12 sentencing. In addition, the defendant shall not be eligible
1417	1417	13 for additional earned sentence credit as provided under
1418	1418	14 Section 3-6-3.
1419	1419	15 (m) A person convicted of criminal defacement of property
1420	1420	16 under Section 21-1.3 of the Criminal Code of 1961 or the
1421	1421	17 Criminal Code of 2012, in which the property damage exceeds
1422	1422	18 $300 and the property damaged is a school building, shall be
1423	1423	19 ordered to perform community service that may include cleanup,
1424	1424	20 removal, or painting over the defacement.
1425	1425	21 (n) The court may sentence a person convicted of a
1426	1426	22 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
1427	1427	23 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
1428	1428	24 of 1961 or the Criminal Code of 2012 (i) to an impact
1429	1429	25 incarceration program if the person is otherwise eligible for
1430	1430	26 that program under Section 5-8-1.1, (ii) to community service,
1431	1431
1432	1432
1433	1433
1434	1434
1435	1435
1436	1436	HB4332 - 39 - LRB103 35080 RLC 65034 b
1437	1437
1438	1438
1439	1439	HB4332- 40 -LRB103 35080 RLC 65034 b HB4332 - 40 - LRB103 35080 RLC 65034 b
1440	1440	HB4332 - 40 - LRB103 35080 RLC 65034 b
1441	1441	1 or (iii) if the person has a substance use disorder, as defined
1442	1442	2 in the Substance Use Disorder Act, to a treatment program
1443	1443	3 licensed under that Act.
1444	1444	4 (o) Whenever a person is convicted of a sex offense as
1445	1445	5 defined in Section 2 of the Sex Offender Registration Act, the
1446	1446	6 defendant's driver's license or permit shall be subject to
1447	1447	7 renewal on an annual basis in accordance with the provisions
1448	1448	8 of license renewal established by the Secretary of State.
1449	1449	9 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
1450	1450	10 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
1451	1451	11 5-27-22.)
1452	1452	12 (Text of Section after amendment by P.A. 103-51)
1453	1453	13 Sec. 5-5-3. Disposition.
1454	1454	14 (a) (Blank).
1455	1455	15 (b) (Blank).
1456	1456	16 (c)(1) (Blank).
1457	1457	17 (2) A period of probation, a term of periodic imprisonment
1458	1458	18 or conditional discharge shall not be imposed for the
1459	1459	19 following offenses. The court shall sentence the offender to
1460	1460	20 not less than the minimum term of imprisonment set forth in
1461	1461	21 this Code for the following offenses, and may order a fine or
1462	1462	22 restitution or both in conjunction with such term of
1463	1463	23 imprisonment:
1464	1464	24 (A) First degree murder.
1465	1465	25 (B) Attempted first degree murder.
1466	1466
1467	1467
1468	1468
1469	1469
1470	1470
1471	1471	HB4332 - 40 - LRB103 35080 RLC 65034 b
1472	1472
1473	1473
1474	1474	HB4332- 41 -LRB103 35080 RLC 65034 b HB4332 - 41 - LRB103 35080 RLC 65034 b
1475	1475	HB4332 - 41 - LRB103 35080 RLC 65034 b
1476	1476	1 (C) A Class X felony.
1477	1477	2 (D) A violation of Section 401.1 or 407 of the
1478	1478	3 Illinois Controlled Substances Act, or a violation of
1479	1479	4 subdivision (c)(1.5) of Section 401 of that Act which
1480	1480	5 relates to more than 5 grams of a substance containing
1481	1481	6 fentanyl or an analog thereof.
1482	1482	7 (D-5) A violation of subdivision (c)(1) of Section 401
1483	1483	8 of the Illinois Controlled Substances Act which relates to
1484	1484	9 3 or more grams of a substance containing heroin or an
1485	1485	10 analog thereof.
1486	1486	11 (E) (Blank).
1487	1487	12 (F) A Class 1 or greater felony if the offender had
1488	1488	13 been convicted of a Class 1 or greater felony, including
1489	1489	14 any state or federal conviction for an offense that
1490	1490	15 contained, at the time it was committed, the same elements
1491	1491	16 as an offense now (the date of the offense committed after
1492	1492	17 the prior Class 1 or greater felony) classified as a Class
1493	1493	18 1 or greater felony, within 10 years of the date on which
1494	1494	19 the offender committed the offense for which he or she is
1495	1495	20 being sentenced, except as otherwise provided in Section
1496	1496	21 40-10 of the Substance Use Disorder Act.
1497	1497	22 (F-3) A Class 2 or greater felony sex offense or
1498	1498	23 felony firearm offense if the offender had been convicted
1499	1499	24 of a Class 2 or greater felony, including any state or
1500	1500	25 federal conviction for an offense that contained, at the
1501	1501	26 time it was committed, the same elements as an offense now
1502	1502
1503	1503
1504	1504
1505	1505
1506	1506
1507	1507	HB4332 - 41 - LRB103 35080 RLC 65034 b
1508	1508
1509	1509
1510	1510	HB4332- 42 -LRB103 35080 RLC 65034 b HB4332 - 42 - LRB103 35080 RLC 65034 b
1511	1511	HB4332 - 42 - LRB103 35080 RLC 65034 b
1512	1512	1 (the date of the offense committed after the prior Class 2
1513	1513	2 or greater felony) classified as a Class 2 or greater
1514	1514	3 felony, within 10 years of the date on which the offender
1515	1515	4 committed the offense for which he or she is being
1516	1516	5 sentenced, except as otherwise provided in Section 40-10
1517	1517	6 of the Substance Use Disorder Act.
1518	1518	7 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
1519	1519	8 of the Criminal Code of 1961 or the Criminal Code of 2012
1520	1520	9 for which imprisonment is prescribed in those Sections.
1521	1521	10 (G) Residential burglary, except as otherwise provided
1522	1522	11 in Section 40-10 of the Substance Use Disorder Act.
1523	1523	12 (H) Criminal sexual assault.
1524	1524	13 (I) Aggravated battery of a senior citizen as
1525	1525	14 described in Section 12-4.6 or subdivision (a)(4) of
1526	1526	15 Section 12-3.05 of the Criminal Code of 1961 or the
1527	1527	16 Criminal Code of 2012.
1528	1528	17 (J) A forcible felony if the offense was related to
1529	1529	18 the activities of an organized gang.
1530	1530	19 Before July 1, 1994, for the purposes of this
1531	1531	20 paragraph, "organized gang" means an association of 5 or
1532	1532	21 more persons, with an established hierarchy, that
1533	1533	22 encourages members of the association to perpetrate crimes
1534	1534	23 or provides support to the members of the association who
1535	1535	24 do commit crimes.
1536	1536	25 Beginning July 1, 1994, for the purposes of this
1537	1537	26 paragraph, "organized gang" has the meaning ascribed to it
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542
1543	1543	HB4332 - 42 - LRB103 35080 RLC 65034 b
1544	1544
1545	1545
1546	1546	HB4332- 43 -LRB103 35080 RLC 65034 b HB4332 - 43 - LRB103 35080 RLC 65034 b
1547	1547	HB4332 - 43 - LRB103 35080 RLC 65034 b
1548	1548	1 in Section 10 of the Illinois Streetgang Terrorism Omnibus
1549	1549	2 Prevention Act.
1550	1550	3 (K) Vehicular hijacking.
1551	1551	4 (L) A second or subsequent conviction for the offense
1552	1552	5 of hate crime when the underlying offense upon which the
1553	1553	6 hate crime is based is felony aggravated assault or felony
1554	1554	7 mob action.
1555	1555	8 (M) A second or subsequent conviction for the offense
1556	1556	9 of institutional vandalism if the damage to the property
1557	1557	10 exceeds $300.
1558	1558	11 (N) A Class 3 felony violation of paragraph (1) of
1559	1559	12 subsection (a) of Section 2 of the Firearm Owners
1560	1560	13 Identification Card Act.
1561	1561	14 (O) A violation of Section 12-6.1 or 12-6.5 of the
1562	1562	15 Criminal Code of 1961 or the Criminal Code of 2012.
1563	1563	16 (P) A violation of paragraph (1), (2), (3), (4), (5),
1564	1564	17 or (7) of subsection (a) of Section 11-20.1 of the
1565	1565	18 Criminal Code of 1961 or the Criminal Code of 2012.
1566	1566	19 (P-5) A violation of paragraph (6) of subsection (a)
1567	1567	20 of Section 11-20.1 of the Criminal Code of 1961 or the
1568	1568	21 Criminal Code of 2012 if the victim is a household or
1569	1569	22 family member of the defendant.
1570	1570	23 (Q) A violation of subsection (b) or (b-5) of Section
1571	1571	24 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
1572	1572	25 Code of 1961 or the Criminal Code of 2012.
1573	1573	26 (R) A violation of Section 24-3A of the Criminal Code
1574	1574
1575	1575
1576	1576
1577	1577
1578	1578
1579	1579	HB4332 - 43 - LRB103 35080 RLC 65034 b
1580	1580
1581	1581
1582	1582	HB4332- 44 -LRB103 35080 RLC 65034 b HB4332 - 44 - LRB103 35080 RLC 65034 b
1583	1583	HB4332 - 44 - LRB103 35080 RLC 65034 b
1584	1584	1 of 1961 or the Criminal Code of 2012.
1585	1585	2 (S) (Blank).
1586	1586	3 (T) (Blank).
1587	1587	4 (U) A second or subsequent violation of Section 6-303
1588	1588	5 of the Illinois Vehicle Code committed while his or her
1589	1589	6 driver's license, permit, or privilege was revoked because
1590	1590	7 of a violation of Section 9-3 of the Criminal Code of 1961
1591	1591	8 or the Criminal Code of 2012, relating to the offense of
1592	1592	9 reckless homicide, or a similar provision of a law of
1593	1593	10 another state.
1594	1594	11 (V) A violation of paragraph (4) of subsection (c) of
1595	1595	12 Section 11-20.1B or paragraph (4) of subsection (c) of
1596	1596	13 Section 11-20.3 of the Criminal Code of 1961, or paragraph
1597	1597	14 (6) of subsection (a) of Section 11-20.1 of the Criminal
1598	1598	15 Code of 2012 when the victim is under 13 years of age and
1599	1599	16 the defendant has previously been convicted under the laws
1600	1600	17 of this State or any other state of the offense of child
1601	1601	18 pornography, aggravated child pornography, aggravated
1602	1602	19 criminal sexual abuse, aggravated criminal sexual assault,
1603	1603	20 predatory criminal sexual assault of a child, or any of
1604	1604	21 the offenses formerly known as rape, deviate sexual
1605	1605	22 assault, indecent liberties with a child, or aggravated
1606	1606	23 indecent liberties with a child where the victim was under
1607	1607	24 the age of 18 years or an offense that is substantially
1608	1608	25 equivalent to those offenses.
1609	1609	26 (W) A violation of Section 24-3.5 of the Criminal Code
1610	1610
1611	1611
1612	1612
1613	1613
1614	1614
1615	1615	HB4332 - 44 - LRB103 35080 RLC 65034 b
1616	1616
1617	1617
1618	1618	HB4332- 45 -LRB103 35080 RLC 65034 b HB4332 - 45 - LRB103 35080 RLC 65034 b
1619	1619	HB4332 - 45 - LRB103 35080 RLC 65034 b
1620	1620	1 of 1961 or the Criminal Code of 2012.
1621	1621	2 (X) A violation of subsection (a) of Section 31-1a of
1622	1622	3 the Criminal Code of 1961 or the Criminal Code of 2012.
1623	1623	4 (Y) A conviction for unlawful possession of a firearm
1624	1624	5 by a street gang member when the firearm was loaded or
1625	1625	6 contained firearm ammunition.
1626	1626	7 (Z) A Class 1 felony committed while he or she was
1627	1627	8 serving a term of probation or conditional discharge for a
1628	1628	9 felony.
1629	1629	10 (AA) Theft of property exceeding $500,000 and not
1630	1630	11 exceeding $1,000,000 in value.
1631	1631	12 (BB) Laundering of criminally derived property of a
1632	1632	13 value exceeding $500,000.
1633	1633	14 (CC) Knowingly selling, offering for sale, holding for
1634	1634	15 sale, or using 2,000 or more counterfeit items or
1635	1635	16 counterfeit items having a retail value in the aggregate
1636	1636	17 of $500,000 or more.
1637	1637	18 (DD) A conviction for aggravated assault under
1638	1638	19 paragraph (6) of subsection (c) of Section 12-2 of the
1639	1639	20 Criminal Code of 1961 or the Criminal Code of 2012 if the
1640	1640	21 firearm is aimed toward the person against whom the
1641	1641	22 firearm is being used.
1642	1642	23 (EE) A conviction for a violation of paragraph (2) of
1643	1643	24 subsection (a) of Section 24-3B of the Criminal Code of
1644	1644	25 2012.
1645	1645	26 (FF) A second or subsequent conviction for a violation
1646	1646
1647	1647
1648	1648
1649	1649
1650	1650
1651	1651	HB4332 - 45 - LRB103 35080 RLC 65034 b
1652	1652
1653	1653
1654	1654	HB4332- 46 -LRB103 35080 RLC 65034 b HB4332 - 46 - LRB103 35080 RLC 65034 b
1655	1655	HB4332 - 46 - LRB103 35080 RLC 65034 b
1656	1656	1 of paragraph (m) or (n) of subsection (A) of Section 24-3
1657	1657	2 of the Criminal Code of 2012.
1658	1658	3 (3) (Blank).
1659	1659	4 (4) A minimum term of imprisonment of not less than 10
1660	1660	5 consecutive days or 30 days of community service shall be
1661	1661	6 imposed for a violation of paragraph (c) of Section 6-303 of
1662	1662	7 the Illinois Vehicle Code.
1663	1663	8 (4.1) (Blank).
1664	1664	9 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
1665	1665	10 this subsection (c), a minimum of 100 hours of community
1666	1666	11 service shall be imposed for a second violation of Section
1667	1667	12 6-303 of the Illinois Vehicle Code.
1668	1668	13 (4.3) A minimum term of imprisonment of 30 days or 300
1669	1669	14 hours of community service, as determined by the court, shall
1670	1670	15 be imposed for a second violation of subsection (c) of Section
1671	1671	16 6-303 of the Illinois Vehicle Code.
1672	1672	17 (4.4) Except as provided in paragraphs (4.5), (4.6), and
1673	1673	18 (4.9) of this subsection (c), a minimum term of imprisonment
1674	1674	19 of 30 days or 300 hours of community service, as determined by
1675	1675	20 the court, shall be imposed for a third or subsequent
1676	1676	21 violation of Section 6-303 of the Illinois Vehicle Code. The
1677	1677	22 court may give credit toward the fulfillment of community
1678	1678	23 service hours for participation in activities and treatment as
1679	1679	24 determined by court services.
1680	1680	25 (4.5) A minimum term of imprisonment of 30 days shall be
1681	1681	26 imposed for a third violation of subsection (c) of Section
1682	1682
1683	1683
1684	1684
1685	1685
1686	1686
1687	1687	HB4332 - 46 - LRB103 35080 RLC 65034 b
1688	1688
1689	1689
1690	1690	HB4332- 47 -LRB103 35080 RLC 65034 b HB4332 - 47 - LRB103 35080 RLC 65034 b
1691	1691	HB4332 - 47 - LRB103 35080 RLC 65034 b
1692	1692	1 6-303 of the Illinois Vehicle Code.
1693	1693	2 (4.6) Except as provided in paragraph (4.10) of this
1694	1694	3 subsection (c), a minimum term of imprisonment of 180 days
1695	1695	4 shall be imposed for a fourth or subsequent violation of
1696	1696	5 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
1697	1697	6 (4.7) A minimum term of imprisonment of not less than 30
1698	1698	7 consecutive days, or 300 hours of community service, shall be
1699	1699	8 imposed for a violation of subsection (a-5) of Section 6-303
1700	1700	9 of the Illinois Vehicle Code, as provided in subsection (b-5)
1701	1701	10 of that Section.
1702	1702	11 (4.8) A mandatory prison sentence shall be imposed for a
1703	1703	12 second violation of subsection (a-5) of Section 6-303 of the
1704	1704	13 Illinois Vehicle Code, as provided in subsection (c-5) of that
1705	1705	14 Section. The person's driving privileges shall be revoked for
1706	1706	15 a period of not less than 5 years from the date of his or her
1707	1707	16 release from prison.
1708	1708	17 (4.9) A mandatory prison sentence of not less than 4 and
1709	1709	18 not more than 15 years shall be imposed for a third violation
1710	1710	19 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1711	1711	20 Code, as provided in subsection (d-2.5) of that Section. The
1712	1712	21 person's driving privileges shall be revoked for the remainder
1713	1713	22 of his or her life.
1714	1714	23 (4.10) A mandatory prison sentence for a Class 1 felony
1715	1715	24 shall be imposed, and the person shall be eligible for an
1716	1716	25 extended term sentence, for a fourth or subsequent violation
1717	1717	26 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1718	1718
1719	1719
1720	1720
1721	1721
1722	1722
1723	1723	HB4332 - 47 - LRB103 35080 RLC 65034 b
1724	1724
1725	1725
1726	1726	HB4332- 48 -LRB103 35080 RLC 65034 b HB4332 - 48 - LRB103 35080 RLC 65034 b
1727	1727	HB4332 - 48 - LRB103 35080 RLC 65034 b
1728	1728	1 Code, as provided in subsection (d-3.5) of that Section. The
1729	1729	2 person's driving privileges shall be revoked for the remainder
1730	1730	3 of his or her life.
1731	1731	4 (5) The court may sentence a corporation or unincorporated
1732	1732	5 association convicted of any offense to:
1733	1733	6 (A) a period of conditional discharge;
1734	1734	7 (B) a fine;
1735	1735	8 (C) make restitution to the victim under Section 5-5-6
1736	1736	9 of this Code.
1737	1737	10 (5.1) In addition to any other penalties imposed, and
1738	1738	11 except as provided in paragraph (5.2) or (5.3), a person
1739	1739	12 convicted of violating subsection (c) of Section 11-907 of the
1740	1740	13 Illinois Vehicle Code shall have his or her driver's license,
1741	1741	14 permit, or privileges suspended for at least 90 days but not
1742	1742	15 more than one year, if the violation resulted in damage to the
1743	1743	16 property of another person.
1744	1744	17 (5.2) In addition to any other penalties imposed, and
1745	1745	18 except as provided in paragraph (5.3), a person convicted of
1746	1746	19 violating subsection (c) of Section 11-907 of the Illinois
1747	1747	20 Vehicle Code shall have his or her driver's license, permit,
1748	1748	21 or privileges suspended for at least 180 days but not more than
1749	1749	22 2 years, if the violation resulted in injury to another
1750	1750	23 person.
1751	1751	24 (5.3) In addition to any other penalties imposed, a person
1752	1752	25 convicted of violating subsection (c) of Section 11-907 of the
1753	1753	26 Illinois Vehicle Code shall have his or her driver's license,
1754	1754
1755	1755
1756	1756
1757	1757
1758	1758
1759	1759	HB4332 - 48 - LRB103 35080 RLC 65034 b
1760	1760
1761	1761
1762	1762	HB4332- 49 -LRB103 35080 RLC 65034 b HB4332 - 49 - LRB103 35080 RLC 65034 b
1763	1763	HB4332 - 49 - LRB103 35080 RLC 65034 b
1764	1764	1 permit, or privileges suspended for 2 years, if the violation
1765	1765	2 resulted in the death of another person.
1766	1766	3 (5.4) In addition to any other penalties imposed, a person
1767	1767	4 convicted of violating Section 3-707 of the Illinois Vehicle
1768	1768	5 Code shall have his or her driver's license, permit, or
1769	1769	6 privileges suspended for 3 months and until he or she has paid
1770	1770	7 a reinstatement fee of $100.
1771	1771	8 (5.5) In addition to any other penalties imposed, a person
1772	1772	9 convicted of violating Section 3-707 of the Illinois Vehicle
1773	1773	10 Code during a period in which his or her driver's license,
1774	1774	11 permit, or privileges were suspended for a previous violation
1775	1775	12 of that Section shall have his or her driver's license,
1776	1776	13 permit, or privileges suspended for an additional 6 months
1777	1777	14 after the expiration of the original 3-month suspension and
1778	1778	15 until he or she has paid a reinstatement fee of $100.
1779	1779	16 (6) (Blank).
1780	1780	17 (7) (Blank).
1781	1781	18 (8) (Blank).
1782	1782	19 (9) A defendant convicted of a second or subsequent
1783	1783	20 offense of ritualized abuse of a child may be sentenced to a
1784	1784	21 term of natural life imprisonment.
1785	1785	22 (10) (Blank).
1786	1786	23 (11) The court shall impose a minimum fine of $1,000 for a
1787	1787	24 first offense and $2,000 for a second or subsequent offense
1788	1788	25 upon a person convicted of or placed on supervision for
1789	1789	26 battery when the individual harmed was a sports official or
1790	1790
1791	1791
1792	1792
1793	1793
1794	1794
1795	1795	HB4332 - 49 - LRB103 35080 RLC 65034 b
1796	1796
1797	1797
1798	1798	HB4332- 50 -LRB103 35080 RLC 65034 b HB4332 - 50 - LRB103 35080 RLC 65034 b
1799	1799	HB4332 - 50 - LRB103 35080 RLC 65034 b
1800	1800	1 coach at any level of competition and the act causing harm to
1801	1801	2 the sports official or coach occurred within an athletic
1802	1802	3 facility or within the immediate vicinity of the athletic
1803	1803	4 facility at which the sports official or coach was an active
1804	1804	5 participant of the athletic contest held at the athletic
1805	1805	6 facility. For the purposes of this paragraph (11), "sports
1806	1806	7 official" means a person at an athletic contest who enforces
1807	1807	8 the rules of the contest, such as an umpire or referee;
1808	1808	9 "athletic facility" means an indoor or outdoor playing field
1809	1809	10 or recreational area where sports activities are conducted;
1810	1810	11 and "coach" means a person recognized as a coach by the
1811	1811	12 sanctioning authority that conducted the sporting event.
1812	1812	13 (12) A person may not receive a disposition of court
1813	1813	14 supervision for a violation of Section 5-16 of the Boat
1814	1814	15 Registration and Safety Act if that person has previously
1815	1815	16 received a disposition of court supervision for a violation of
1816	1816	17 that Section.
1817	1817	18 (13) A person convicted of or placed on court supervision
1818	1818	19 for an assault or aggravated assault when the victim and the
1819	1819	20 offender are family or household members as defined in Section
1820	1820	21 103 of the Illinois Domestic Violence Act of 1986 or convicted
1821	1821	22 of domestic battery or aggravated domestic battery may be
1822	1822	23 required to attend a Partner Abuse Intervention Program under
1823	1823	24 protocols set forth by the Illinois Department of Human
1824	1824	25 Services under such terms and conditions imposed by the court.
1825	1825	26 The costs of such classes shall be paid by the offender.
1826	1826
1827	1827
1828	1828
1829	1829
1830	1830
1831	1831	HB4332 - 50 - LRB103 35080 RLC 65034 b
1832	1832
1833	1833
1834	1834	HB4332- 51 -LRB103 35080 RLC 65034 b HB4332 - 51 - LRB103 35080 RLC 65034 b
1835	1835	HB4332 - 51 - LRB103 35080 RLC 65034 b
1836	1836	1 (d) In any case in which a sentence originally imposed is
1837	1837	2 vacated, the case shall be remanded to the trial court. The
1838	1838	3 trial court shall hold a hearing under Section 5-4-1 of this
1839	1839	4 Code which may include evidence of the defendant's life, moral
1840	1840	5 character and occupation during the time since the original
1841	1841	6 sentence was passed. The trial court shall then impose
1842	1842	7 sentence upon the defendant. The trial court may impose any
1843	1843	8 sentence which could have been imposed at the original trial
1844	1844	9 subject to Section 5-5-4 of this Code. If a sentence is vacated
1845	1845	10 on appeal or on collateral attack due to the failure of the
1846	1846	11 trier of fact at trial to determine beyond a reasonable doubt
1847	1847	12 the existence of a fact (other than a prior conviction)
1848	1848	13 necessary to increase the punishment for the offense beyond
1849	1849	14 the statutory maximum otherwise applicable, either the
1850	1850	15 defendant may be re-sentenced to a term within the range
1851	1851	16 otherwise provided or, if the State files notice of its
1852	1852	17 intention to again seek the extended sentence, the defendant
1853	1853	18 shall be afforded a new trial.
1854	1854	19 (e) In cases where prosecution for aggravated criminal
1855	1855	20 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1856	1856	21 Code of 1961 or the Criminal Code of 2012 results in conviction
1857	1857	22 of a defendant who was a family member of the victim at the
1858	1858	23 time of the commission of the offense, the court shall
1859	1859	24 consider the safety and welfare of the victim and may impose a
1860	1860	25 sentence of probation only where:
1861	1861	26 (1) the court finds (A) or (B) or both are
1862	1862
1863	1863
1864	1864
1865	1865
1866	1866
1867	1867	HB4332 - 51 - LRB103 35080 RLC 65034 b
1868	1868
1869	1869
1870	1870	HB4332- 52 -LRB103 35080 RLC 65034 b HB4332 - 52 - LRB103 35080 RLC 65034 b
1871	1871	HB4332 - 52 - LRB103 35080 RLC 65034 b
1872	1872	1 appropriate:
1873	1873	2 (A) the defendant is willing to undergo a court
1874	1874	3 approved counseling program for a minimum duration of
1875	1875	4 2 years; or
1876	1876	5 (B) the defendant is willing to participate in a
1877	1877	6 court approved plan, including, but not limited to,
1878	1878	7 the defendant's:
1879	1879	8 (i) removal from the household;
1880	1880	9 (ii) restricted contact with the victim;
1881	1881	10 (iii) continued financial support of the
1882	1882	11 family;
1883	1883	12 (iv) restitution for harm done to the victim;
1884	1884	13 and
1885	1885	14 (v) compliance with any other measures that
1886	1886	15 the court may deem appropriate; and
1887	1887	16 (2) the court orders the defendant to pay for the
1888	1888	17 victim's counseling services, to the extent that the court
1889	1889	18 finds, after considering the defendant's income and
1890	1890	19 assets, that the defendant is financially capable of
1891	1891	20 paying for such services, if the victim was under 18 years
1892	1892	21 of age at the time the offense was committed and requires
1893	1893	22 counseling as a result of the offense.
1894	1894	23 Probation may be revoked or modified pursuant to Section
1895	1895	24 5-6-4; except where the court determines at the hearing that
1896	1896	25 the defendant violated a condition of his or her probation
1897	1897	26 restricting contact with the victim or other family members or
1898	1898
1899	1899
1900	1900
1901	1901
1902	1902
1903	1903	HB4332 - 52 - LRB103 35080 RLC 65034 b
1904	1904
1905	1905
1906	1906	HB4332- 53 -LRB103 35080 RLC 65034 b HB4332 - 53 - LRB103 35080 RLC 65034 b
1907	1907	HB4332 - 53 - LRB103 35080 RLC 65034 b
1908	1908	1 commits another offense with the victim or other family
1909	1909	2 members, the court shall revoke the defendant's probation and
1910	1910	3 impose a term of imprisonment.
1911	1911	4 For the purposes of this Section, "family member" and
1912	1912	5 "victim" shall have the meanings ascribed to them in Section
1913	1913	6 11-0.1 of the Criminal Code of 2012.
1914	1914	7 (f) (Blank).
1915	1915	8 (g) Whenever a defendant is convicted of an offense under
1916	1916	9 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1917	1917	10 11-14.3, 11-14.4 except for an offense that involves keeping a
1918	1918	11 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1919	1919	12 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1920	1920	13 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1921	1921	14 Criminal Code of 2012, the defendant shall undergo medical
1922	1922	15 testing to determine whether the defendant has any sexually
1923	1923	16 transmissible disease, including a test for infection with
1924	1924	17 human immunodeficiency virus (HIV) or any other identified
1925	1925	18 causative agent of acquired immunodeficiency syndrome (AIDS).
1926	1926	19 Any such medical test shall be performed only by appropriately
1927	1927	20 licensed medical practitioners and may include an analysis of
1928	1928	21 any bodily fluids as well as an examination of the defendant's
1929	1929	22 person. Except as otherwise provided by law, the results of
1930	1930	23 such test shall be kept strictly confidential by all medical
1931	1931	24 personnel involved in the testing and must be personally
1932	1932	25 delivered in a sealed envelope to the judge of the court in
1933	1933	26 which the conviction was entered for the judge's inspection in
1934	1934
1935	1935
1936	1936
1937	1937
1938	1938
1939	1939	HB4332 - 53 - LRB103 35080 RLC 65034 b
1940	1940
1941	1941
1942	1942	HB4332- 54 -LRB103 35080 RLC 65034 b HB4332 - 54 - LRB103 35080 RLC 65034 b
1943	1943	HB4332 - 54 - LRB103 35080 RLC 65034 b
1944	1944	1 camera. Acting in accordance with the best interests of the
1945	1945	2 victim and the public, the judge shall have the discretion to
1946	1946	3 determine to whom, if anyone, the results of the testing may be
1947	1947	4 revealed. The court shall notify the defendant of the test
1948	1948	5 results. The court shall also notify the victim if requested
1949	1949	6 by the victim, and if the victim is under the age of 15 and if
1950	1950	7 requested by the victim's parents or legal guardian, the court
1951	1951	8 shall notify the victim's parents or legal guardian of the
1952	1952	9 test results. The court shall provide information on the
1953	1953	10 availability of HIV testing and counseling at Department of
1954	1954	11 Public Health facilities to all parties to whom the results of
1955	1955	12 the testing are revealed and shall direct the State's Attorney
1956	1956	13 to provide the information to the victim when possible. The
1957	1957	14 court shall order that the cost of any such test shall be paid
1958	1958	15 by the county and may be taxed as costs against the convicted
1959	1959	16 defendant.
1960	1960	17 (g-5) When an inmate is tested for an airborne
1961	1961	18 communicable disease, as determined by the Illinois Department
1962	1962	19 of Public Health, including, but not limited to, tuberculosis,
1963	1963	20 the results of the test shall be personally delivered by the
1964	1964	21 warden or his or her designee in a sealed envelope to the judge
1965	1965	22 of the court in which the inmate must appear for the judge's
1966	1966	23 inspection in camera if requested by the judge. Acting in
1967	1967	24 accordance with the best interests of those in the courtroom,
1968	1968	25 the judge shall have the discretion to determine what if any
1969	1969	26 precautions need to be taken to prevent transmission of the
1970	1970
1971	1971
1972	1972
1973	1973
1974	1974
1975	1975	HB4332 - 54 - LRB103 35080 RLC 65034 b
1976	1976
1977	1977
1978	1978	HB4332- 55 -LRB103 35080 RLC 65034 b HB4332 - 55 - LRB103 35080 RLC 65034 b
1979	1979	HB4332 - 55 - LRB103 35080 RLC 65034 b
1980	1980	1 disease in the courtroom.
1981	1981	2 (h) Whenever a defendant is convicted of an offense under
1982	1982	3 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
1983	1983	4 defendant shall undergo medical testing to determine whether
1984	1984	5 the defendant has been exposed to human immunodeficiency virus
1985	1985	6 (HIV) or any other identified causative agent of acquired
1986	1986	7 immunodeficiency syndrome (AIDS). Except as otherwise provided
1987	1987	8 by law, the results of such test shall be kept strictly
1988	1988	9 confidential by all medical personnel involved in the testing
1989	1989	10 and must be personally delivered in a sealed envelope to the
1990	1990	11 judge of the court in which the conviction was entered for the
1991	1991	12 judge's inspection in camera. Acting in accordance with the
1992	1992	13 best interests of the public, the judge shall have the
1993	1993	14 discretion to determine to whom, if anyone, the results of the
1994	1994	15 testing may be revealed. The court shall notify the defendant
1995	1995	16 of a positive test showing an infection with the human
1996	1996	17 immunodeficiency virus (HIV). The court shall provide
1997	1997	18 information on the availability of HIV testing and counseling
1998	1998	19 at Department of Public Health facilities to all parties to
1999	1999	20 whom the results of the testing are revealed and shall direct
2000	2000	21 the State's Attorney to provide the information to the victim
2001	2001	22 when possible. The court shall order that the cost of any such
2002	2002	23 test shall be paid by the county and may be taxed as costs
2003	2003	24 against the convicted defendant.
2004	2004	25 (i) All fines and penalties imposed under this Section for
2005	2005	26 any violation of Chapters 3, 4, 6, and 11 of the Illinois
2006	2006
2007	2007
2008	2008
2009	2009
2010	2010
2011	2011	HB4332 - 55 - LRB103 35080 RLC 65034 b
2012	2012
2013	2013
2014	2014	HB4332- 56 -LRB103 35080 RLC 65034 b HB4332 - 56 - LRB103 35080 RLC 65034 b
2015	2015	HB4332 - 56 - LRB103 35080 RLC 65034 b
2016	2016	1 Vehicle Code, or a similar provision of a local ordinance, and
2017	2017	2 any violation of the Child Passenger Protection Act, or a
2018	2018	3 similar provision of a local ordinance, shall be collected and
2019	2019	4 disbursed by the circuit clerk as provided under the Criminal
2020	2020	5 and Traffic Assessment Act.
2021	2021	6 (j) In cases when prosecution for any violation of Section
2022	2022	7 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2023	2023	8 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2024	2024	9 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2025	2025	10 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2026	2026	11 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
2027	2027	12 Code of 2012, any violation of the Illinois Controlled
2028	2028	13 Substances Act, any violation of the Cannabis Control Act, or
2029	2029	14 any violation of the Methamphetamine Control and Community
2030	2030	15 Protection Act results in conviction, a disposition of court
2031	2031	16 supervision, or an order of probation granted under Section 10
2032	2032	17 of the Cannabis Control Act, Section 410 of the Illinois
2033	2033	18 Controlled Substances Act, or Section 70 of the
2034	2034	19 Methamphetamine Control and Community Protection Act of a
2035	2035	20 defendant, the court shall determine whether the defendant is
2036	2036	21 employed by a facility or center as defined under the Child
2037	2037	22 Care Act of 1969, a public or private elementary or secondary
2038	2038	23 school, or otherwise works with children under 18 years of age
2039	2039	24 on a daily basis. When a defendant is so employed, the court
2040	2040	25 shall order the Clerk of the Court to send a copy of the
2041	2041	26 judgment of conviction or order of supervision or probation to
2042	2042
2043	2043
2044	2044
2045	2045
2046	2046
2047	2047	HB4332 - 56 - LRB103 35080 RLC 65034 b
2048	2048
2049	2049
2050	2050	HB4332- 57 -LRB103 35080 RLC 65034 b HB4332 - 57 - LRB103 35080 RLC 65034 b
2051	2051	HB4332 - 57 - LRB103 35080 RLC 65034 b
2052	2052	1 the defendant's employer by certified mail. If the employer of
2053	2053	2 the defendant is a school, the Clerk of the Court shall direct
2054	2054	3 the mailing of a copy of the judgment of conviction or order of
2055	2055	4 supervision or probation to the appropriate regional
2056	2056	5 superintendent of schools. The regional superintendent of
2057	2057	6 schools shall notify the State Board of Education of any
2058	2058	7 notification under this subsection.
2059	2059	8 (j-5) A defendant at least 17 years of age who is convicted
2060	2060	9 of a felony and who has not been previously convicted of a
2061	2061	10 misdemeanor or felony and who is sentenced to a term of
2062	2062	11 imprisonment in the Illinois Department of Corrections shall
2063	2063	12 as a condition of his or her sentence be required by the court
2064	2064	13 to attend educational courses designed to prepare the
2065	2065	14 defendant for a high school diploma and to work toward a high
2066	2066	15 school diploma or to work toward passing high school
2067	2067	16 equivalency testing or to work toward completing a vocational
2068	2068	17 training program offered by the Department of Corrections. If
2069	2069	18 a defendant fails to complete the educational training
2070	2070	19 required by his or her sentence during the term of
2071	2071	20 incarceration, the Prisoner Review Board shall, as a condition
2072	2072	21 of mandatory supervised release, require the defendant, at his
2073	2073	22 or her own expense, to pursue a course of study toward a high
2074	2074	23 school diploma or passage of high school equivalency testing.
2075	2075	24 The Prisoner Review Board shall revoke the mandatory
2076	2076	25 supervised release of a defendant who wilfully fails to comply
2077	2077	26 with this subsection (j-5) upon his or her release from
2078	2078
2079	2079
2080	2080
2081	2081
2082	2082
2083	2083	HB4332 - 57 - LRB103 35080 RLC 65034 b
2084	2084
2085	2085
2086	2086	HB4332- 58 -LRB103 35080 RLC 65034 b HB4332 - 58 - LRB103 35080 RLC 65034 b
2087	2087	HB4332 - 58 - LRB103 35080 RLC 65034 b
2088	2088	1 confinement in a penal institution while serving a mandatory
2089	2089	2 supervised release term; however, the inability of the
2090	2090	3 defendant after making a good faith effort to obtain financial
2091	2091	4 aid or pay for the educational training shall not be deemed a
2092	2092	5 wilful failure to comply. The Prisoner Review Board shall
2093	2093	6 recommit the defendant whose mandatory supervised release term
2094	2094	7 has been revoked under this subsection (j-5) as provided in
2095	2095	8 Section 3-3-9. This subsection (j-5) does not apply to a
2096	2096	9 defendant who has a high school diploma or has successfully
2097	2097	10 passed high school equivalency testing. This subsection (j-5)
2098	2098	11 does not apply to a defendant who is determined by the court to
2099	2099	12 be a person with a developmental disability or otherwise
2100	2100	13 mentally incapable of completing the educational or vocational
2101	2101	14 program.
2102	2102	15 (k) (Blank).
2103	2103	16 (l)(A) Except as provided in paragraph (C) of subsection
2104	2104	17 (l), whenever a defendant, who is not a citizen or national of
2105	2105	18 the United States, is convicted of any felony or misdemeanor
2106	2106	19 offense, the court after sentencing the defendant may, upon
2107	2107	20 motion of the State's Attorney, hold sentence in abeyance and
2108	2108	21 remand the defendant to the custody of the Attorney General of
2109	2109	22 the United States or his or her designated agent to be deported
2110	2110	23 when:
2111	2111	24 (1) a final order of deportation has been issued
2112	2112	25 against the defendant pursuant to proceedings under the
2113	2113	26 Immigration and Nationality Act, and
2114	2114
2115	2115
2116	2116
2117	2117
2118	2118
2119	2119	HB4332 - 58 - LRB103 35080 RLC 65034 b
2120	2120
2121	2121
2122	2122	HB4332- 59 -LRB103 35080 RLC 65034 b HB4332 - 59 - LRB103 35080 RLC 65034 b
2123	2123	HB4332 - 59 - LRB103 35080 RLC 65034 b
2124	2124	1 (2) the deportation of the defendant would not
2125	2125	2 deprecate the seriousness of the defendant's conduct and
2126	2126	3 would not be inconsistent with the ends of justice.
2127	2127	4 Otherwise, the defendant shall be sentenced as provided in
2128	2128	5 this Chapter V.
2129	2129	6 (B) If the defendant has already been sentenced for a
2130	2130	7 felony or misdemeanor offense, or has been placed on probation
2131	2131	8 under Section 10 of the Cannabis Control Act, Section 410 of
2132	2132	9 the Illinois Controlled Substances Act, or Section 70 of the
2133	2133	10 Methamphetamine Control and Community Protection Act, the
2134	2134	11 court may, upon motion of the State's Attorney to suspend the
2135	2135	12 sentence imposed, commit the defendant to the custody of the
2136	2136	13 Attorney General of the United States or his or her designated
2137	2137	14 agent when:
2138	2138	15 (1) a final order of deportation has been issued
2139	2139	16 against the defendant pursuant to proceedings under the
2140	2140	17 Immigration and Nationality Act, and
2141	2141	18 (2) the deportation of the defendant would not
2142	2142	19 deprecate the seriousness of the defendant's conduct and
2143	2143	20 would not be inconsistent with the ends of justice.
2144	2144	21 (C) This subsection (l) does not apply to offenders who
2145	2145	22 are subject to the provisions of paragraph (2) of subsection
2146	2146	23 (a) of Section 3-6-3.
2147	2147	24 (D) Upon motion of the State's Attorney, if a defendant
2148	2148	25 sentenced under this Section returns to the jurisdiction of
2149	2149	26 the United States, the defendant shall be recommitted to the
2150	2150
2151	2151
2152	2152
2153	2153
2154	2154
2155	2155	HB4332 - 59 - LRB103 35080 RLC 65034 b
2156	2156
2157	2157
2158	2158	HB4332- 60 -LRB103 35080 RLC 65034 b HB4332 - 60 - LRB103 35080 RLC 65034 b
2159	2159	HB4332 - 60 - LRB103 35080 RLC 65034 b
2160	2160	1 custody of the county from which he or she was sentenced.
2161	2161	2 Thereafter, the defendant shall be brought before the
2162	2162	3 sentencing court, which may impose any sentence that was
2163	2163	4 available under Section 5-5-3 at the time of initial
2164	2164	5 sentencing. In addition, the defendant shall not be eligible
2165	2165	6 for additional earned sentence credit as provided under
2166	2166	7 Section 3-6-3.
2167	2167	8 (m) A person convicted of criminal defacement of property
2168	2168	9 under Section 21-1.3 of the Criminal Code of 1961 or the
2169	2169	10 Criminal Code of 2012, in which the property damage exceeds
2170	2170	11 $300 and the property damaged is a school building, shall be
2171	2171	12 ordered to perform community service that may include cleanup,
2172	2172	13 removal, or painting over the defacement.
2173	2173	14 (n) The court may sentence a person convicted of a
2174	2174	15 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
2175	2175	16 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2176	2176	17 of 1961 or the Criminal Code of 2012 (i) to an impact
2177	2177	18 incarceration program if the person is otherwise eligible for
2178	2178	19 that program under Section 5-8-1.1, (ii) to community service,
2179	2179	20 or (iii) if the person has a substance use disorder, as defined
2180	2180	21 in the Substance Use Disorder Act, to a treatment program
2181	2181	22 licensed under that Act.
2182	2182	23 (o) Whenever a person is convicted of a sex offense as
2183	2183	24 defined in Section 2 of the Sex Offender Registration Act, the
2184	2184	25 defendant's driver's license or permit shall be subject to
2185	2185	26 renewal on an annual basis in accordance with the provisions
2186	2186
2187	2187
2188	2188
2189	2189
2190	2190
2191	2191	HB4332 - 60 - LRB103 35080 RLC 65034 b
2192	2192
2193	2193
2194	2194	HB4332- 61 -LRB103 35080 RLC 65034 b HB4332 - 61 - LRB103 35080 RLC 65034 b
2195	2195	HB4332 - 61 - LRB103 35080 RLC 65034 b
2196	2196	1 of license renewal established by the Secretary of State.
2197	2197	2 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
2198	2198	3 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
2199	2199	4 1-1-24.)
2200	2200
2201	2201
2202	2202
2203	2203
2204	2204
2205	2205	HB4332 - 61 - LRB103 35080 RLC 65034 b