Illinois 2023-2024 Regular Session

Illinois House Bill HB4453 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 HB4453 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-715705 ILCS 405/5-750720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-1.6730 ILCS 5/5-4.5-110.1 new730 ILCS 5/5-8-8 Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring. Amends the Unified Code of Corrections. Reenacts the provisions of the Code that were repealed on January 1, 2024 concerning sentencing guidelines for individuals with prior felony firearm-related or other specified convictions. Deletes the repeal of those provisions. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately. LRB103 35384 RLC 65449 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4453 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-715705 ILCS 405/5-750720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-1.6730 ILCS 5/5-4.5-110.1 new730 ILCS 5/5-8-8 705 ILCS 405/5-715 705 ILCS 405/5-750 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.6 730 ILCS 5/5-4.5-110.1 new 730 ILCS 5/5-8-8 Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring. Amends the Unified Code of Corrections. Reenacts the provisions of the Code that were repealed on January 1, 2024 concerning sentencing guidelines for individuals with prior felony firearm-related or other specified convictions. Deletes the repeal of those provisions. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately. LRB103 35384 RLC 65449 b LRB103 35384 RLC 65449 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4453 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/5-715705 ILCS 405/5-750720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-1.6730 ILCS 5/5-4.5-110.1 new730 ILCS 5/5-8-8 705 ILCS 405/5-715 705 ILCS 405/5-750 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.6 730 ILCS 5/5-4.5-110.1 new 730 ILCS 5/5-8-8
4	4	705 ILCS 405/5-715
5	5	705 ILCS 405/5-750
6	6	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
7	7	720 ILCS 5/24-1.6
8	8	730 ILCS 5/5-4.5-110.1 new
9	9	730 ILCS 5/5-8-8
10	10	Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring. Amends the Unified Code of Corrections. Reenacts the provisions of the Code that were repealed on January 1, 2024 concerning sentencing guidelines for individuals with prior felony firearm-related or other specified convictions. Deletes the repeal of those provisions. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately.
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13	13	A BILL FOR
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15	15	HB4453 LRB103 35384 RLC 65449 b
16	16	1 AN ACT concerning criminal law.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Juvenile Court Act of 1987 is amended by
20	20	5 changing Sections 5-715 and 5-750 as follows:
21	21	6 (705 ILCS 405/5-715)
22	22	7 Sec. 5-715. Probation.
23	23	8 (1) The period of probation or conditional discharge shall
24	24	9 not exceed 5 years or until the minor has attained the age of
25	25	10 21 years, whichever is less, except as provided in this
26	26	11 Section for a minor who is found to be guilty for an offense
27	27	12 which is first degree murder. The juvenile court may terminate
28	28	13 probation or conditional discharge and discharge the minor at
29	29	14 any time if warranted by the conduct of the minor and the ends
30	30	15 of justice; provided, however, that the period of probation
31	31	16 for a minor who is found to be guilty for an offense which is
32	32	17 first degree murder shall be at least 5 years.
33	33	18 (1.5) The period of probation for a minor who is found
34	34	19 guilty of aggravated criminal sexual assault, criminal sexual
35	35	20 assault, or aggravated battery with a firearm shall be at
36	36	21 least 36 months. The period of probation for a minor who is
37	37	22 found to be guilty of any other Class X felony shall be at
38	38	23 least 24 months. The period of probation for a Class 1 or Class
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4453 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
43	43	705 ILCS 405/5-715705 ILCS 405/5-750720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-1.6730 ILCS 5/5-4.5-110.1 new730 ILCS 5/5-8-8 705 ILCS 405/5-715 705 ILCS 405/5-750 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.6 730 ILCS 5/5-4.5-110.1 new 730 ILCS 5/5-8-8
44	44	705 ILCS 405/5-715
45	45	705 ILCS 405/5-750
46	46	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
47	47	720 ILCS 5/24-1.6
48	48	730 ILCS 5/5-4.5-110.1 new
49	49	730 ILCS 5/5-8-8
50	50	Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring. Amends the Unified Code of Corrections. Reenacts the provisions of the Code that were repealed on January 1, 2024 concerning sentencing guidelines for individuals with prior felony firearm-related or other specified convictions. Deletes the repeal of those provisions. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately.
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53	53	A BILL FOR
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59	59	705 ILCS 405/5-715
60	60	705 ILCS 405/5-750
61	61	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
62	62	720 ILCS 5/24-1.6
63	63	730 ILCS 5/5-4.5-110.1 new
64	64	730 ILCS 5/5-8-8
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83	83	1 2 forcible felony shall be at least 18 months. Regardless of
84	84	2 the length of probation ordered by the court, for all offenses
85	85	3 under this subsection paragraph (1.5), the court shall
86	86	4 schedule hearings to determine whether it is in the best
87	87	5 interest of the minor and public safety to terminate probation
88	88	6 after the minimum period of probation has been served. In such
89	89	7 a hearing, there shall be a rebuttable presumption that it is
90	90	8 in the best interest of the minor and public safety to
91	91	9 terminate probation.
92	92	10 (2) The court may as a condition of probation or of
93	93	11 conditional discharge require that the minor:
94	94	12 (a) not violate any criminal statute of any
95	95	13 jurisdiction;
96	96	14 (b) make a report to and appear in person before any
97	97	15 person or agency as directed by the court;
98	98	16 (c) work or pursue a course of study or vocational
99	99	17 training;
100	100	18 (d) undergo medical or psychiatric treatment, rendered
101	101	19 by a psychiatrist or psychological treatment rendered by a
102	102	20 clinical psychologist or social work services rendered by
103	103	21 a clinical social worker, or treatment for drug addiction
104	104	22 or alcoholism;
105	105	23 (e) attend or reside in a facility established for the
106	106	24 instruction or residence of persons on probation;
107	107	25 (f) support the minor's dependents, if any;
108	108	26 (g) refrain from possessing a firearm or other
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119	119	1 dangerous weapon, or an automobile;
120	120	2 (h) permit the probation officer to visit the minor at
121	121	3 the minor's home or elsewhere;
122	122	4 (i) reside with the minor's parents or in a foster
123	123	5 home;
124	124	6 (j) attend school;
125	125	7 (j-5) with the consent of the superintendent of the
126	126	8 facility, attend an educational program at a facility
127	127	9 other than the school in which the offense was committed
128	128	10 if the minor committed a crime of violence as defined in
129	129	11 Section 2 of the Crime Victims Compensation Act in a
130	130	12 school, on the real property comprising a school, or
131	131	13 within 1,000 feet of the real property comprising a
132	132	14 school;
133	133	15 (k) attend a non-residential program for youth;
134	134	16 (l) make restitution under the terms of subsection (4)
135	135	17 of Section 5-710;
136	136	18 (m) provide nonfinancial contributions to the minor's
137	137	19 own support at home or in a foster home;
138	138	20 (n) perform some reasonable public or community
139	139	21 service that does not interfere with school hours,
140	140	22 school-related activities, or work commitments of the
141	141	23 minor or the minor's parent, guardian, or legal custodian;
142	142	24 (o) participate with community corrections programs
143	143	25 including unified delinquency intervention services
144	144	26 administered by the Department of Human Services subject
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155	155	1 to Section 5 of the Children and Family Services Act;
156	156	2 (p) (blank);
157	157	3 (q) serve a term of home confinement. In addition to
158	158	4 any other applicable condition of probation or conditional
159	159	5 discharge, the conditions of home confinement shall be
160	160	6 that the minor:
161	161	7 (i) remain within the interior premises of the
162	162	8 place designated for the minor's confinement during
163	163	9 the hours designated by the court;
164	164	10 (ii) admit any person or agent designated by the
165	165	11 court into the minor's place of confinement at any
166	166	12 time for purposes of verifying the minor's compliance
167	167	13 with the conditions of the minor's confinement; and
168	168	14 (iii) use an approved electronic monitoring device
169	169	15 if ordered by the court subject to Article 8A of
170	170	16 Chapter V of the Unified Code of Corrections;
171	171	17 (r) refrain from entering into a designated geographic
172	172	18 area except upon terms as the court finds appropriate. The
173	173	19 terms may include consideration of the purpose of the
174	174	20 entry, the time of day, other persons accompanying the
175	175	21 minor, and advance approval by a probation officer, if the
176	176	22 minor has been placed on probation, or advance approval by
177	177	23 the court, if the minor has been placed on conditional
178	178	24 discharge;
179	179	25 (s) refrain from having any contact, directly or
180	180	26 indirectly, with certain specified persons or particular
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191	191	1 types of persons, including, but not limited to, members
192	192	2 of street gangs and drug users or dealers;
193	193	3 (s-5) undergo a medical or other procedure to have a
194	194	4 tattoo symbolizing allegiance to a street gang removed
195	195	5 from the minor's body;
196	196	6 (t) refrain from having in the minor's body the
197	197	7 presence of any illicit drug prohibited by the Cannabis
198	198	8 Control Act, the Illinois Controlled Substances Act, or
199	199	9 the Methamphetamine Control and Community Protection Act,
200	200	10 unless prescribed by a physician, and shall submit samples
201	201	11 of the minor's blood or urine or both for tests to
202	202	12 determine the presence of any illicit drug; or
203	203	13 (u) comply with other conditions as may be ordered by
204	204	14 the court.
205	205	15 (3) The court may as a condition of probation or of
206	206	16 conditional discharge require that a minor found guilty on any
207	207	17 alcohol, cannabis, methamphetamine, or controlled substance
208	208	18 violation, refrain from acquiring a driver's license during
209	209	19 the period of probation or conditional discharge. If the minor
210	210	20 is in possession of a permit or license, the court may require
211	211	21 that the minor refrain from driving or operating any motor
212	212	22 vehicle during the period of probation or conditional
213	213	23 discharge, except as may be necessary in the course of the
214	214	24 minor's lawful employment.
215	215	25 (3.5) The court shall, as a condition of probation or of
216	216	26 conditional discharge, require that a minor found to be guilty
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227	227	1 and placed on probation for reasons that include a violation
228	228	2 of Section 3.02 or Section 3.03 of the Humane Care for Animals
229	229	3 Act or paragraph (4) of subsection (a) of Section 21-1 of the
230	230	4 Criminal Code of 2012 undergo medical or psychiatric treatment
231	231	5 rendered by a psychiatrist or psychological treatment rendered
232	232	6 by a clinical psychologist. The condition may be in addition
233	233	7 to any other condition.
234	234	8 (3.10) The court shall order that a minor placed on
235	235	9 probation or conditional discharge for a sex offense as
236	236	10 defined in the Sex Offender Management Board Act undergo and
237	237	11 successfully complete sex offender treatment. The treatment
238	238	12 shall be in conformance with the standards developed under the
239	239	13 Sex Offender Management Board Act and conducted by a treatment
240	240	14 provider approved by the Board.
241	241	15 (4) A minor on probation or conditional discharge shall be
242	242	16 given a certificate setting forth the conditions upon which
243	243	17 the minor is being released.
244	244	18 (5) (Blank).
245	245	19 (5.5) Jurisdiction over an offender may be transferred
246	246	20 from the sentencing court to the court of another circuit with
247	247	21 the concurrence of both courts. Further transfers or
248	248	22 retransfers of jurisdiction are also authorized in the same
249	249	23 manner. The court to which jurisdiction has been transferred
250	250	24 shall have the same powers as the sentencing court.
251	251	25 If the transfer case originated in another state and has
252	252	26 been transferred under the Interstate Compact for Juveniles to
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263	263	1 the jurisdiction of an Illinois circuit court for supervision
264	264	2 by an Illinois probation department, probation fees may be
265	265	3 imposed only if permitted by the Interstate Commission for
266	266	4 Juveniles.
267	267	5 (6) The General Assembly finds that in order to protect
268	268	6 the public, the juvenile justice system must compel compliance
269	269	7 with the conditions of probation by responding to violations
270	270	8 with swift, certain, and fair punishments and intermediate
271	271	9 sanctions. The Chief Judge of each circuit shall adopt a
272	272	10 system of structured, intermediate sanctions for violations of
273	273	11 the terms and conditions of a sentence of supervision,
274	274	12 probation, or conditional discharge, under this Act.
275	275	13 The court shall provide as a condition of a disposition of
276	276	14 probation, conditional discharge, or supervision, that the
277	277	15 probation agency may invoke any sanction from the list of
278	278	16 intermediate sanctions adopted by the chief judge of the
279	279	17 circuit court for violations of the terms and conditions of
280	280	18 the sentence of probation, conditional discharge, or
281	281	19 supervision, subject to the provisions of Section 5-720 of
282	282	20 this Act.
283	283	21 (6.5) The court shall require a minor to participate in
284	284	22 social service programs offered through juvenile probation and
285	285	23 comply with referral recommendations for no less than 3 months
286	286	24 if the minor:
287	287	25 (i) has previously been placed on probation for an
288	288	26 offense that involves the possession or discharge of a
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299	299	1 firearm not causing any injury; and
300	300	2 (ii) is convicted of a subsequent offense involving
301	301	3 the possession or discharge of a firearm not causing any
302	302	4 injury.
303	303	5 If the minor does not complete the referral
304	304	6 recommendations, the court shall commit the minor to the
305	305	7 Department of Juvenile Justice to complete the recommended
306	306	8 services.
307	307	9 (7) Fines and assessments, including any fee or
308	308	10 administrative cost authorized under Section 5-4.5-105,
309	309	11 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
310	310	12 Unified Code of Corrections, shall not be ordered or imposed
311	311	13 on a minor or the minor's parent, guardian, or legal custodian
312	312	14 as a condition of probation, conditional discharge, or
313	313	15 supervision. If the minor or the minor's parent, guardian, or
314	314	16 legal custodian is unable to cover the cost of a condition
315	315	17 under this subsection, the court shall not preclude the minor
316	316	18 from receiving probation, conditional discharge, or
317	317	19 supervision based on the inability to pay. Inability to pay
318	318	20 shall not be grounds to object to the minor's placement on
319	319	21 probation, conditional discharge, or supervision.
320	320	22 (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
321	321	23 revised 9-25-23.)
322	322	24 (705 ILCS 405/5-750)
323	323	25 Sec. 5-750. Commitment to the Department of Juvenile
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334	334	1 Justice.
335	335	2 (1) Except as provided in subsection (2) of this Section,
336	336	3 when any delinquent has been adjudged a ward of the court under
337	337	4 this Act, the court may commit the minor to the Department of
338	338	5 Juvenile Justice, if it finds that (a) the minor's parents,
339	339	6 guardian or legal custodian are unfit or are unable, for some
340	340	7 reason other than financial circumstances alone, to care for,
341	341	8 protect, train or discipline the minor, or are unwilling to do
342	342	9 so, and the best interests of the minor and the public will not
343	343	10 be served by placement under Section 5-740, or it is necessary
344	344	11 to ensure the protection of the public from the consequences
345	345	12 of criminal activity of the delinquent; and (b) commitment to
346	346	13 the Department of Juvenile Justice is the least restrictive
347	347	14 alternative based on evidence that efforts were made to locate
348	348	15 less restrictive alternatives to secure confinement and the
349	349	16 reasons why efforts were unsuccessful in locating a less
350	350	17 restrictive alternative to secure confinement. Before the
351	351	18 court commits a minor to the Department of Juvenile Justice,
352	352	19 it shall make a finding that secure confinement is necessary,
353	353	20 following a review of the following individualized factors:
354	354	21 (A) Age of the minor.
355	355	22 (B) Criminal background of the minor.
356	356	23 (C) Review of results of any assessments of the minor,
357	357	24 including child centered assessments such as the CANS.
358	358	25 (D) Educational background of the minor, indicating
359	359	26 whether the minor has ever been assessed for a learning
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370	370	1 disability, and if so what services were provided as well
371	371	2 as any disciplinary incidents at school.
372	372	3 (E) Physical, mental and emotional health of the
373	373	4 minor, indicating whether the minor has ever been
374	374	5 diagnosed with a health issue and if so what services were
375	375	6 provided and whether the minor was compliant with
376	376	7 services.
377	377	8 (F) Community based services that have been provided
378	378	9 to the minor, and whether the minor was compliant with the
379	379	10 services, and the reason the services were unsuccessful.
380	380	11 (G) Services within the Department of Juvenile Justice
381	381	12 that will meet the individualized needs of the minor.
382	382	13 (1.5) Before the court commits a minor to the Department
383	383	14 of Juvenile Justice, the court must find reasonable efforts
384	384	15 have been made to prevent or eliminate the need for the minor
385	385	16 to be removed from the home, or reasonable efforts cannot, at
386	386	17 this time, for good cause, prevent or eliminate the need for
387	387	18 removal, and removal from home is in the best interests of the
388	388	19 minor, the minor's family, and the public.
389	389	20 (2) When a minor of the age of at least 13 years is
390	390	21 adjudged delinquent for the offense of first degree murder,
391	391	22 the court shall declare the minor a ward of the court and order
392	392	23 the minor committed to the Department of Juvenile Justice
393	393	24 until the minor's 21st birthday, without the possibility of
394	394	25 aftercare release, furlough, or non-emergency authorized
395	395	26 absence for a period of 5 years from the date the minor was
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406	406	1 committed to the Department of Juvenile Justice, except that
407	407	2 the time that a minor spent in custody for the instant offense
408	408	3 before being committed to the Department of Juvenile Justice
409	409	4 shall be considered as time credited towards that 5 year
410	410	5 period. Upon release from a Department facility, a minor
411	411	6 adjudged delinquent for first degree murder shall be placed on
412	412	7 aftercare release until the age of 21, unless sooner
413	413	8 discharged from aftercare release or custodianship is
414	414	9 otherwise terminated in accordance with this Act or as
415	415	10 otherwise provided for by law. Nothing in this subsection (2)
416	416	11 shall preclude the State's Attorney from seeking to prosecute
417	417	12 a minor as an adult as an alternative to proceeding under this
418	418	13 Act.
419	419	14 (2.5) A minor convicted of a subsequent offense involving
420	420	15 the use or possession of a firearm causing serious injury,
421	421	16 great bodily harm, or death shall be confined to the
422	422	17 Department of Juvenile Justice with the Department providing
423	423	18 services, including, but not limited to, education, mental
424	424	19 health services, drug treatment, and mentoring.
425	425	20 (3) Except as provided in subsections subsection (2) and
426	426	21 (2.5), the commitment of a delinquent to the Department of
427	427	22 Juvenile Justice shall be for an indeterminate term which
428	428	23 shall automatically terminate upon the delinquent attaining
429	429	24 the age of 21 years or upon completion of that period for which
430	430	25 an adult could be committed for the same act, whichever occurs
431	431	26 sooner, unless the delinquent is sooner discharged from
432	432
433	433
434	434
435	435
436	436
437	437	HB4453 - 11 - LRB103 35384 RLC 65449 b
438	438
439	439
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441	441	HB4453 - 12 - LRB103 35384 RLC 65449 b
442	442	1 aftercare release or custodianship is otherwise terminated in
443	443	2 accordance with this Act or as otherwise provided for by law.
444	444	3 (3.5) Every delinquent minor committed to the Department
445	445	4 of Juvenile Justice under this Act shall be eligible for
446	446	5 aftercare release without regard to the length of time the
447	447	6 minor has been confined or whether the minor has served any
448	448	7 minimum term imposed. Aftercare release shall be administered
449	449	8 by the Department of Juvenile Justice, under the direction of
450	450	9 the Director. Unless sooner discharged, the Department of
451	451	10 Juvenile Justice shall discharge a minor from aftercare
452	452	11 release upon completion of the following aftercare release
453	453	12 terms:
454	454	13 (a) One and a half years from the date a minor is
455	455	14 released from a Department facility, if the minor was
456	456	15 committed for a Class X felony;
457	457	16 (b) One year from the date a minor is released from a
458	458	17 Department facility, if the minor was committed for a
459	459	18 Class 1 or 2 felony; and
460	460	19 (c) Six months from the date a minor is released from a
461	461	20 Department facility, if the minor was committed for a
462	462	21 Class 3 felony or lesser offense.
463	463	22 (4) When the court commits a minor to the Department of
464	464	23 Juvenile Justice, it shall order the minor conveyed forthwith
465	465	24 to the appropriate reception station or other place designated
466	466	25 by the Department of Juvenile Justice, and shall appoint the
467	467	26 Director of Juvenile Justice legal custodian of the minor. The
468	468
469	469
470	470
471	471
472	472
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474	474
475	475
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477	477	HB4453 - 13 - LRB103 35384 RLC 65449 b
478	478	1 clerk of the court shall issue to the Director of Juvenile
479	479	2 Justice a certified copy of the order, which constitutes proof
480	480	3 of the Director's authority. No other process need issue to
481	481	4 warrant the keeping of the minor.
482	482	5 (5) If a minor is committed to the Department of Juvenile
483	483	6 Justice, the clerk of the court shall forward to the
484	484	7 Department:
485	485	8 (a) the sentencing order and copies of committing
486	486	9 petition;
487	487	10 (b) all reports;
488	488	11 (c) the court's statement of the basis for ordering
489	489	12 the disposition;
490	490	13 (d) any sex offender evaluations;
491	491	14 (e) any risk assessment or substance abuse treatment
492	492	15 eligibility screening and assessment of the minor by an
493	493	16 agent designated by the State to provide assessment
494	494	17 services for the courts;
495	495	18 (f) the number of days, if any, which the minor has
496	496	19 been in custody and for which the minor is entitled to
497	497	20 credit against the sentence, which information shall be
498	498	21 provided to the clerk by the sheriff;
499	499	22 (g) any medical or mental health records or summaries
500	500	23 of the minor;
501	501	24 (h) the municipality where the arrest of the minor
502	502	25 occurred, the commission of the offense occurred, and the
503	503	26 minor resided at the time of commission;
504	504
505	505
506	506
507	507
508	508
509	509	HB4453 - 13 - LRB103 35384 RLC 65449 b
510	510
511	511
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513	513	HB4453 - 14 - LRB103 35384 RLC 65449 b
514	514	1 (h-5) a report detailing the minor's criminal history
515	515	2 in a manner and form prescribed by the Department of
516	516	3 Juvenile Justice;
517	517	4 (i) all additional matters which the court directs the
518	518	5 clerk to transmit; and
519	519	6 (j) all police reports for sex offenses as defined by
520	520	7 the Sex Offender Management Board Act.
521	521	8 (6) Whenever the Department of Juvenile Justice lawfully
522	522	9 discharges from its custody and control a minor committed to
523	523	10 it, the Director of Juvenile Justice shall petition the court
524	524	11 for an order terminating the minor's custodianship. The
525	525	12 custodianship shall terminate automatically 30 days after
526	526	13 receipt of the petition unless the court orders otherwise.
527	527	14 (7) If, while on aftercare release, a minor committed to
528	528	15 the Department of Juvenile Justice who resides in this State
529	529	16 is charged under the criminal laws of this State, the criminal
530	530	17 laws of any other state, or federal law with an offense that
531	531	18 could result in a sentence of imprisonment within the
532	532	19 Department of Corrections, the penal system of any state, or
533	533	20 the federal Bureau of Prisons, the commitment to the
534	534	21 Department of Juvenile Justice and all rights and duties
535	535	22 created by that commitment are automatically suspended pending
536	536	23 final disposition of the criminal charge. If the minor is
537	537	24 found guilty of the criminal charge and sentenced to a term of
538	538	25 imprisonment in the penitentiary system of the Department of
539	539	26 Corrections, the penal system of any state, or the federal
540	540
541	541
542	542
543	543
544	544
545	545	HB4453 - 14 - LRB103 35384 RLC 65449 b
546	546
547	547
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549	549	HB4453 - 15 - LRB103 35384 RLC 65449 b
550	550	1 Bureau of Prisons, the commitment to the Department of
551	551	2 Juvenile Justice shall be automatically terminated. If the
552	552	3 criminal charge is dismissed, the minor is found not guilty,
553	553	4 or the minor completes a criminal sentence other than
554	554	5 imprisonment within the Department of Corrections, the penal
555	555	6 system of any state, or the federal Bureau of Prisons, the
556	556	7 previously imposed commitment to the Department of Juvenile
557	557	8 Justice and the full aftercare release term shall be
558	558	9 automatically reinstated unless custodianship is sooner
559	559	10 terminated. Nothing in this subsection (7) shall preclude the
560	560	11 court from ordering another sentence under Section 5-710 of
561	561	12 this Act or from terminating the Department's custodianship
562	562	13 while the commitment to the Department is suspended.
563	563	14 (Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
564	564	15 Section 10. The Criminal Code of 2012 is amended by
565	565	16 changing Sections 24-1.1 and 24-1.6 as follows:
566	566	17 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
567	567	18 Sec. 24-1.1. Unlawful use or possession of weapons by
568	568	19 felons or persons in the custody of the Department of
569	569	20 Corrections facilities.
570	570	21 (a) It is unlawful for a person to knowingly possess on or
571	571	22 about his person or on his land or in his own abode or fixed
572	572	23 place of business any weapon prohibited under Section 24-1 of
573	573	24 this Act or any firearm or any firearm ammunition if the person
574	574
575	575
576	576
577	577
578	578
579	579	HB4453 - 15 - LRB103 35384 RLC 65449 b
580	580
581	581
582	582	HB4453- 16 -LRB103 35384 RLC 65449 b HB4453 - 16 - LRB103 35384 RLC 65449 b
583	583	HB4453 - 16 - LRB103 35384 RLC 65449 b
584	584	1 has been convicted of a felony under the laws of this State or
585	585	2 any other jurisdiction. This Section shall not apply if the
586	586	3 person has been granted relief by the Director of the Illinois
587	587	4 State Police under Section 10 of the Firearm Owners
588	588	5 Identification Card Act.
589	589	6 (b) It is unlawful for any person confined in a penal
590	590	7 institution, which is a facility of the Illinois Department of
591	591	8 Corrections, to possess any weapon prohibited under Section
592	592	9 24-1 of this Code or any firearm or firearm ammunition,
593	593	10 regardless of the intent with which he possesses it.
594	594	11 (c) It shall be an affirmative defense to a violation of
595	595	12 subsection (b), that such possession was specifically
596	596	13 authorized by rule, regulation, or directive of the Illinois
597	597	14 Department of Corrections or order issued pursuant thereto.
598	598	15 (d) The defense of necessity is not available to a person
599	599	16 who is charged with a violation of subsection (b) of this
600	600	17 Section.
601	601	18 (e) Sentence. Violation of this Section by a person not
602	602	19 confined in a penal institution shall be a Class 3 felony for
603	603	20 which the person shall be sentenced to no less than 2 years and
604	604	21 no more than 10 years. A second or subsequent violation of this
605	605	22 Section shall be a Class 2 felony for which the person shall be
606	606	23 sentenced to a term of imprisonment of not less than 3 years
607	607	24 and not more than 14 years, except as provided for in Section
608	608	25 5-4.5-110.1 5-4.5-110 of the Unified Code of Corrections.
609	609	26 Violation of this Section by a person not confined in a penal
610	610
611	611
612	612
613	613
614	614
615	615	HB4453 - 16 - LRB103 35384 RLC 65449 b
616	616
617	617
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619	619	HB4453 - 17 - LRB103 35384 RLC 65449 b
620	620	1 institution who has been convicted of a forcible felony, a
621	621	2 felony violation of Article 24 of this Code or of the Firearm
622	622	3 Owners Identification Card Act, stalking or aggravated
623	623	4 stalking, or a Class 2 or greater felony under the Illinois
624	624	5 Controlled Substances Act, the Cannabis Control Act, or the
625	625	6 Methamphetamine Control and Community Protection Act is a
626	626	7 Class 2 felony for which the person shall be sentenced to not
627	627	8 less than 3 years and not more than 14 years, except as
628	628	9 provided for in Section 5-4.5-110.1 5-4.5-110 of the Unified
629	629	10 Code of Corrections. Violation of this Section by a person who
630	630	11 is on parole or mandatory supervised release is a Class 2
631	631	12 felony for which the person shall be sentenced to not less than
632	632	13 3 years and not more than 14 years, except as provided for in
633	633	14 Section 5-4.5-110.1 5-4.5-110 of the Unified Code of
634	634	15 Corrections. Violation of this Section by a person not
635	635	16 confined in a penal institution is a Class X felony when the
636	636	17 firearm possessed is a machine gun. Any person who violates
637	637	18 this Section while confined in a penal institution, which is a
638	638	19 facility of the Illinois Department of Corrections, is guilty
639	639	20 of a Class 1 felony, if he possesses any weapon prohibited
640	640	21 under Section 24-1 of this Code regardless of the intent with
641	641	22 which he possesses it, a Class X felony if he possesses any
642	642	23 firearm, firearm ammunition or explosive, and a Class X felony
643	643	24 for which the offender shall be sentenced to not less than 12
644	644	25 years and not more than 50 years when the firearm possessed is
645	645	26 a machine gun. A violation of this Section while wearing or in
646	646
647	647
648	648
649	649
650	650
651	651	HB4453 - 17 - LRB103 35384 RLC 65449 b
652	652
653	653
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655	655	HB4453 - 18 - LRB103 35384 RLC 65449 b
656	656	1 possession of body armor as defined in Section 33F-1 is a Class
657	657	2 X felony punishable by a term of imprisonment of not less than
658	658	3 10 years and not more than 40 years. The possession of each
659	659	4 firearm or firearm ammunition in violation of this Section
660	660	5 constitutes a single and separate violation.
661	661	6 (Source: P.A. 102-538, eff. 8-20-21.)
662	662	7 (720 ILCS 5/24-1.6)
663	663	8 Sec. 24-1.6. Aggravated unlawful use of a weapon.
664	664	9 (a) A person commits the offense of aggravated unlawful
665	665	10 use of a weapon when he or she knowingly:
666	666	11 (1) Carries on or about his or her person or in any
667	667	12 vehicle or concealed on or about his or her person except
668	668	13 when on his or her land or in his or her abode, legal
669	669	14 dwelling, or fixed place of business, or on the land or in
670	670	15 the legal dwelling of another person as an invitee with
671	671	16 that person's permission, any pistol, revolver, stun gun
672	672	17 or taser or other firearm; or
673	673	18 (2) Carries or possesses on or about his or her
674	674	19 person, upon any public street, alley, or other public
675	675	20 lands within the corporate limits of a city, village or
676	676	21 incorporated town, except when an invitee thereon or
677	677	22 therein, for the purpose of the display of such weapon or
678	678	23 the lawful commerce in weapons, or except when on his or
679	679	24 her own land or in his or her own abode, legal dwelling, or
680	680	25 fixed place of business, or on the land or in the legal
681	681
682	682
683	683
684	684
685	685
686	686	HB4453 - 18 - LRB103 35384 RLC 65449 b
687	687
688	688
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690	690	HB4453 - 19 - LRB103 35384 RLC 65449 b
691	691	1 dwelling of another person as an invitee with that
692	692	2 person's permission, any pistol, revolver, stun gun or
693	693	3 taser or other firearm; and
694	694	4 (3) One of the following factors is present:
695	695	5 (A) the firearm, other than a pistol, revolver, or
696	696	6 handgun, possessed was uncased, loaded, and
697	697	7 immediately accessible at the time of the offense; or
698	698	8 (A-5) the pistol, revolver, or handgun possessed
699	699	9 was uncased, loaded, and immediately accessible at the
700	700	10 time of the offense and the person possessing the
701	701	11 pistol, revolver, or handgun has not been issued a
702	702	12 currently valid license under the Firearm Concealed
703	703	13 Carry Act; or
704	704	14 (B) the firearm, other than a pistol, revolver, or
705	705	15 handgun, possessed was uncased, unloaded, and the
706	706	16 ammunition for the weapon was immediately accessible
707	707	17 at the time of the offense; or
708	708	18 (B-5) the pistol, revolver, or handgun possessed
709	709	19 was uncased, unloaded, and the ammunition for the
710	710	20 weapon was immediately accessible at the time of the
711	711	21 offense and the person possessing the pistol,
712	712	22 revolver, or handgun has not been issued a currently
713	713	23 valid license under the Firearm Concealed Carry Act;
714	714	24 or
715	715	25 (C) the person possessing the firearm has not been
716	716	26 issued a currently valid Firearm Owner's
717	717
718	718
719	719
720	720
721	721
722	722	HB4453 - 19 - LRB103 35384 RLC 65449 b
723	723
724	724
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726	726	HB4453 - 20 - LRB103 35384 RLC 65449 b
727	727	1 Identification Card; or
728	728	2 (D) the person possessing the weapon was
729	729	3 previously adjudicated a delinquent minor under the
730	730	4 Juvenile Court Act of 1987 for an act that if committed
731	731	5 by an adult would be a felony; or
732	732	6 (E) the person possessing the weapon was engaged
733	733	7 in a misdemeanor violation of the Cannabis Control
734	734	8 Act, in a misdemeanor violation of the Illinois
735	735	9 Controlled Substances Act, or in a misdemeanor
736	736	10 violation of the Methamphetamine Control and Community
737	737	11 Protection Act; or
738	738	12 (F) (blank); or
739	739	13 (G) the person possessing the weapon had an order
740	740	14 of protection issued against him or her within the
741	741	15 previous 2 years; or
742	742	16 (H) the person possessing the weapon was engaged
743	743	17 in the commission or attempted commission of a
744	744	18 misdemeanor involving the use or threat of violence
745	745	19 against the person or property of another; or
746	746	20 (I) the person possessing the weapon was under 21
747	747	21 years of age and in possession of a handgun, unless the
748	748	22 person under 21 is engaged in lawful activities under
749	749	23 the Wildlife Code or described in subsection
750	750	24 24-2(b)(1), (b)(3), or 24-2(f).
751	751	25 (a-5) "Handgun" as used in this Section has the meaning
752	752	26 given to it in Section 5 of the Firearm Concealed Carry Act.
753	753
754	754
755	755
756	756
757	757
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759	759
760	760
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762	762	HB4453 - 21 - LRB103 35384 RLC 65449 b
763	763	1 (b) "Stun gun or taser" as used in this Section has the
764	764	2 same definition given to it in Section 24-1 of this Code.
765	765	3 (c) This Section does not apply to or affect the
766	766	4 transportation or possession of weapons that:
767	767	5 (i) are broken down in a non-functioning state; or
768	768	6 (ii) are not immediately accessible; or
769	769	7 (iii) are unloaded and enclosed in a case, firearm
770	770	8 carrying box, shipping box, or other container by a person
771	771	9 who has been issued a currently valid Firearm Owner's
772	772	10 Identification Card.
773	773	11 (d) Sentence.
774	774	12 (1) Aggravated unlawful use of a weapon is a Class 4
775	775	13 felony; a second or subsequent offense is a Class 2 felony
776	776	14 for which the person shall be sentenced to a term of
777	777	15 imprisonment of not less than 3 years and not more than 7
778	778	16 years, except as provided for in Section 5-4.5-110.1
779	779	17 5-4.5-110 of the Unified Code of Corrections.
780	780	18 (2) Except as otherwise provided in paragraphs (3) and
781	781	19 (4) of this subsection (d), a first offense of aggravated
782	782	20 unlawful use of a weapon committed with a firearm by a
783	783	21 person 18 years of age or older where the factors listed in
784	784	22 both items (A) and (C) or both items (A-5) and (C) of
785	785	23 paragraph (3) of subsection (a) are present is a Class 4
786	786	24 felony, for which the person shall be sentenced to a term
787	787	25 of imprisonment of not less than one year and not more than
788	788	26 3 years.
789	789
790	790
791	791
792	792
793	793
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795	795
796	796
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798	798	HB4453 - 22 - LRB103 35384 RLC 65449 b
799	799	1 (3) Aggravated unlawful use of a weapon by a person
800	800	2 who has been previously convicted of a felony in this
801	801	3 State or another jurisdiction is a Class 2 felony for
802	802	4 which the person shall be sentenced to a term of
803	803	5 imprisonment of not less than 3 years and not more than 7
804	804	6 years, except as provided for in Section 5-4.5-110.1
805	805	7 5-4.5-110 of the Unified Code of Corrections.
806	806	8 (4) Aggravated unlawful use of a weapon while wearing
807	807	9 or in possession of body armor as defined in Section 33F-1
808	808	10 by a person who has not been issued a valid Firearms
809	809	11 Owner's Identification Card in accordance with Section 5
810	810	12 of the Firearm Owners Identification Card Act is a Class X
811	811	13 felony.
812	812	14 (e) The possession of each firearm in violation of this
813	813	15 Section constitutes a single and separate violation.
814	814	16 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
815	815	17 Section 15. The Unified Code of Corrections is amended by
816	816	18 changing Section 5-8-8 and by adding Section 5-4.5-110.1 as
817	817	19 follows:
818	818	20 (730 ILCS 5/5-4.5-110.1 new)
819	819	21 Sec. 5-4.5-110.1. SENTENCING GUIDELINES FOR INDIVIDUALS
820	820	22 WITH PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED
821	821	23 CONVICTIONS.
822	822	24 (a) DEFINITIONS. For the purposes of this Section:
823	823
824	824
825	825
826	826
827	827
828	828	HB4453 - 22 - LRB103 35384 RLC 65449 b
829	829
830	830
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832	832	HB4453 - 23 - LRB103 35384 RLC 65449 b
833	833	1 "Firearm" has the meaning ascribed to it in Section
834	834	2 1.1 of the Firearm Owners Identification Card Act.
835	835	3 "Qualifying predicate offense" means the following
836	836	4 offenses under the Criminal Code of 2012:
837	837	5 (A) aggravated unlawful use of a weapon under
838	838	6 Section 24-1.6 or similar offense under the Criminal
839	839	7 Code of 1961, when the weapon is a firearm;
840	840	8 (B) unlawful use or possession of a weapon by a
841	841	9 felon under Section 24-1.1 or similar offense under
842	842	10 the Criminal Code of 1961, when the weapon is a
843	843	11 firearm;
844	844	12 (C) first degree murder under Section 9-1 or
845	845	13 similar offense under the Criminal Code of 1961;
846	846	14 (D) attempted first degree murder with a firearm
847	847	15 or similar offense under the Criminal Code of 1961;
848	848	16 (E) aggravated kidnapping with a firearm under
849	849	17 paragraph (6) or (7) of subsection (a) of Section 10-2
850	850	18 or similar offense under the Criminal Code of 1961;
851	851	19 (F) aggravated battery with a firearm under
852	852	20 subsection (e) of Section 12-3.05 or similar offense
853	853	21 under the Criminal Code of 1961;
854	854	22 (G) aggravated criminal sexual assault under
855	855	23 Section 11-1.30 or similar offense under the Criminal
856	856	24 Code of 1961;
857	857	25 (H) predatory criminal sexual assault of a child
858	858	26 under Section 11-1.40 or similar offense under the
859	859
860	860
861	861
862	862
863	863
864	864	HB4453 - 23 - LRB103 35384 RLC 65449 b
865	865
866	866
867	867	HB4453- 24 -LRB103 35384 RLC 65449 b HB4453 - 24 - LRB103 35384 RLC 65449 b
868	868	HB4453 - 24 - LRB103 35384 RLC 65449 b
869	869	1 Criminal Code of 1961;
870	870	2 (I) armed robbery under Section 18-2 or similar
871	871	3 offense under the Criminal Code of 1961;
872	872	4 (J) vehicular hijacking under Section 18-3 or
873	873	5 similar offense under the Criminal Code of 1961;
874	874	6 (K) aggravated vehicular hijacking under Section
875	875	7 18-4 or similar offense under the Criminal Code of
876	876	8 1961;
877	877	9 (L) home invasion with a firearm under paragraph
878	878	10 (3), (4), or (5) of subsection (a) of Section 19-6 or
879	879	11 similar offense under the Criminal Code of 1961;
880	880	12 (M) aggravated discharge of a firearm under
881	881	13 Section 24-1.2 or similar offense under the Criminal
882	882	14 Code of 1961;
883	883	15 (N) aggravated discharge of a machine gun or a
884	884	16 firearm equipped with a device designed or used for
885	885	17 silencing the report of a firearm under Section
886	886	18 24-1.2-5 or similar offense under the Criminal Code of
887	887	19 1961;
888	888	20 (0) unlawful use of firearm projectiles under
889	889	21 Section 24-2.1 or similar offense under the Criminal
890	890	22 Code of 1961;
891	891	23 (P) manufacture, sale, or transfer of bullets or
892	892	24 shells represented to be armor piercing bullets,
893	893	25 dragon's breath shotgun shells, bolo shells, or
894	894	26 flechette shells under Section 24-2.2 or similar
895	895
896	896
897	897
898	898
899	899
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901	901
902	902
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904	904	HB4453 - 25 - LRB103 35384 RLC 65449 b
905	905	1 offense under the Criminal Code of 1961;
906	906	2 (Q) unlawful sale or delivery of firearms under
907	907	3 Section 24-3 or similar offense under the Criminal
908	908	4 Code of 1961;
909	909	5 (R) unlawful discharge of firearm projectiles
910	910	6 under Section 24-3.2 or similar offense under the
911	911	7 Criminal Code of 1961;
912	912	8 (S) unlawful sale or delivery of firearms on
913	913	9 school premises of any school under Section 24-3.3 or
914	914	10 similar offense under the Criminal Code of 1961;
915	915	11 (T) unlawful purchase of a firearm under Section
916	916	12 24-3.5 or similar offense under the Criminal Code of
917	917	13 1961;
918	918	14 (U) use of a stolen firearm in the commission of an
919	919	15 offense under Section 24-3.7 or similar offense under
920	920	16 the Criminal Code of 1961;
921	921	17 (V) possession of a stolen firearm under Section
922	922	18 24-3.8 or similar offense under the Criminal Code of
923	923	19 1961;
924	924	20 (W) aggravated possession of a stolen firearm
925	925	21 under Section 24-3.9 or similar offense under the
926	926	22 Criminal Code of 1961;
927	927	23 (X) gunrunning under Section 24-3A or similar
928	928	24 offense under the Criminal Code of 1961;
929	929	25 (Y) defacing identification marks of firearms
930	930	26 under Section 24-5 or similar offense under the
931	931
932	932
933	933
934	934
935	935
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937	937
938	938
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940	940	HB4453 - 26 - LRB103 35384 RLC 65449 b
941	941	1 Criminal Code of 1961; and
942	942	2 (Z) armed violence under Section 33A-2 or similar
943	943	3 offense under the Criminal Code of 1961.
944	944	4 (b) APPLICABILITY. For an offense committed on or after
945	945	5 the effective date of this amendatory Act of the 103rd General
946	946	6 Assembly, when a person is convicted of unlawful use or
947	947	7 possession of a weapon by a felon, when the weapon is a
948	948	8 firearm, or aggravated unlawful use of a weapon, when the
949	949	9 weapon is a firearm, after being previously convicted of a
950	950	10 qualifying predicate offense the person shall be subject to
951	951	11 the sentencing guidelines under this Section.
952	952	12 (c) SENTENCING GUIDELINES.
953	953	13 (1) When a person is convicted of unlawful use or
954	954	14 possession of a weapon by a felon, when the weapon is a
955	955	15 firearm, and that person has been previously convicted of
956	956	16 a qualifying predicate offense, the person shall be
957	957	17 sentenced to a term of imprisonment within the sentencing
958	958	18 range of not less than 7 years and not more than 14 years,
959	959	19 unless the court finds that a departure from the
960	960	20 sentencing guidelines under this paragraph is warranted
961	961	21 under subsection (d) of this Section.
962	962	22 (2) When a person is convicted of aggravated unlawful
963	963	23 use of a weapon, when the weapon is a firearm, and that
964	964	24 person has been previously convicted of a qualifying
965	965	25 predicate offense, the person shall be sentenced to a term
966	966	26 of imprisonment within the sentencing range of not less
967	967
968	968
969	969
970	970
971	971
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973	973
974	974
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976	976	HB4453 - 27 - LRB103 35384 RLC 65449 b
977	977	1 than 6 years and not more than 7 years, unless the court
978	978	2 finds that a departure from the sentencing guidelines
979	979	3 under this paragraph is warranted under subsection (d) of
980	980	4 this Section.
981	981	5 (3) The sentencing guidelines in paragraphs (1) and
982	982	6 (2) of this subsection (c) apply only to offenses
983	983	7 committed on and after the effective date of this
984	984	8 amendatory Act of the 103rd General Assembly.
985	985	9 (d) DEPARTURE FROM SENTENCING GUIDELINES.
986	986	10 (1) At the sentencing hearing conducted under Section
987	987	11 5-4-1 of this Code, the court may depart from the
988	988	12 sentencing guidelines provided in subsection (c) of this
989	989	13 Section and impose a sentence otherwise authorized by law
990	990	14 for the offense if the court, after considering any factor
991	991	15 under paragraph (2) of this subsection (d) relevant to the
992	992	16 nature and circumstances of the crime and to the history
993	993	17 and character of the defendant, finds on the record
994	994	18 substantial and compelling justification that the sentence
995	995	19 within the sentencing guidelines would be unduly harsh and
996	996	20 that a sentence otherwise authorized by law would be
997	997	21 consistent with public safety and does not deprecate the
998	998	22 seriousness of the offense.
999	999	23 (2) In deciding whether to depart from the sentencing
1000	1000	24 guidelines under this paragraph, the court shall consider:
1001	1001	25 (A) the age, immaturity, or limited mental
1002	1002	26 capacity of the defendant at the time of commission of
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007
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1009	1009
1010	1010
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1012	1012	HB4453 - 28 - LRB103 35384 RLC 65449 b
1013	1013	1 the qualifying predicate or current offense, including
1014	1014	2 whether the defendant was suffering from a mental or
1015	1015	3 physical condition insufficient to constitute a
1016	1016	4 defense but significantly reduced the defendant's
1017	1017	5 culpability;
1018	1018	6 (B) the nature and circumstances of the qualifying
1019	1019	7 predicate offense;
1020	1020	8 (C) the time elapsed since the qualifying
1021	1021	9 predicate offense;
1022	1022	10 (D) the nature and circumstances of the current
1023	1023	11 offense;
1024	1024	12 (E) the defendant's prior criminal history;
1025	1025	13 (F) whether the defendant committed the qualifying
1026	1026	14 predicate or current offense under specific and
1027	1027	15 credible duress, coercion, threat, or compulsion;
1028	1028	16 (G) whether the defendant aided in the
1029	1029	17 apprehension of another felon or testified truthfully
1030	1030	18 on behalf of another prosecution of a felony; and
1031	1031	19 (H) whether departure is in the interest of the
1032	1032	20 person's rehabilitation, including employment or
1033	1033	21 educational or vocational training, after taking into
1034	1034	22 account any past rehabilitation efforts or
1035	1035	23 dispositions of probation or supervision, and the
1036	1036	24 defendant's cooperation or response to rehabilitation.
1037	1037	25 (3) When departing from the sentencing guidelines
1038	1038	26 under this Section, the court shall specify on the record,
1039	1039
1040	1040
1041	1041
1042	1042
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1045	1045
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1049	1049	1 the particular evidence, information, factor or factors,
1050	1050	2 or other reasons which led to the departure from the
1051	1051	3 sentencing guidelines. When departing from the sentencing
1052	1052	4 range in accordance with this subsection (d), the court
1053	1053	5 shall indicate on the sentencing order which departure
1054	1054	6 factor or factors outlined in paragraph (2) of this
1055	1055	7 subsection (d) led to the sentence imposed. The sentencing
1056	1056	8 order shall be filed with the clerk of the court and shall
1057	1057	9 be a public record.
1058	1058	10 (730 ILCS 5/5-8-8)
1059	1059	11 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
1060	1060	12 (a) Creation. There is created under the jurisdiction of
1061	1061	13 the Governor the Illinois Sentencing Policy Advisory Council,
1062	1062	14 hereinafter referred to as the Council.
1063	1063	15 (b) Purposes and goals. The purpose of the Council is to
1064	1064	16 review sentencing policies and practices and examine how these
1065	1065	17 policies and practices impact the criminal justice system as a
1066	1066	18 whole in the State of Illinois. In carrying out its duties, the
1067	1067	19 Council shall be mindful of and aim to achieve the purposes of
1068	1068	20 sentencing in Illinois, which are set out in Section 1-1-2 of
1069	1069	21 this Code:
1070	1070	22 (1) prescribe sanctions proportionate to the
1071	1071	23 seriousness of the offenses and permit the recognition of
1072	1072	24 differences in rehabilitation possibilities among
1073	1073	25 individual offenders;
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078
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1080	1080
1081	1081
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1083	1083	HB4453 - 30 - LRB103 35384 RLC 65449 b
1084	1084	1 (2) forbid and prevent the commission of offenses;
1085	1085	2 (3) prevent arbitrary or oppressive treatment of
1086	1086	3 persons adjudicated offenders or delinquents; and
1087	1087	4 (4) restore offenders to useful citizenship.
1088	1088	5 (c) Council composition.
1089	1089	6 (1) The Council shall consist of the following
1090	1090	7 members:
1091	1091	8 (A) the President of the Senate, or his or her
1092	1092	9 designee;
1093	1093	10 (B) the Minority Leader of the Senate, or his or
1094	1094	11 her designee;
1095	1095	12 (C) the Speaker of the House, or his or her
1096	1096	13 designee;
1097	1097	14 (D) the Minority Leader of the House, or his or her
1098	1098	15 designee;
1099	1099	16 (E) the Governor, or his or her designee;
1100	1100	17 (F) the Attorney General, or his or her designee;
1101	1101	18 (G) two retired judges, who may have been circuit,
1102	1102	19 appellate, or supreme court judges; retired judges
1103	1103	20 shall be selected by the members of the Council
1104	1104	21 designated in clauses (c)(1)(A) through (L);
1105	1105	22 (G-5) (blank);
1106	1106	23 (H) the Cook County State's Attorney, or his or
1107	1107	24 her designee;
1108	1108	25 (I) the Cook County Public Defender, or his or her
1109	1109	26 designee;
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114
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1116	1116
1117	1117
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1120	1120	1 (J) a State's Attorney not from Cook County,
1121	1121	2 appointed by the State's Attorney's Appellate
1122	1122	3 Prosecutor;
1123	1123	4 (K) the State Appellate Defender, or his or her
1124	1124	5 designee;
1125	1125	6 (L) the Director of the Administrative Office of
1126	1126	7 the Illinois Courts, or his or her designee;
1127	1127	8 (M) a victim of a violent felony or a
1128	1128	9 representative of a crime victims' organization,
1129	1129	10 selected by the members of the Council designated in
1130	1130	11 clauses (c)(1)(A) through (L);
1131	1131	12 (N) a representative of a community-based
1132	1132	13 organization, selected by the members of the Council
1133	1133	14 designated in clauses (c)(1)(A) through (L);
1134	1134	15 (O) a criminal justice academic researcher, to be
1135	1135	16 selected by the members of the Council designated in
1136	1136	17 clauses (c)(1)(A) through (L);
1137	1137	18 (P) a representative of law enforcement from a
1138	1138	19 unit of local government to be selected by the members
1139	1139	20 of the Council designated in clauses (c)(1)(A) through
1140	1140	21 (L);
1141	1141	22 (Q) a sheriff outside of Cook County selected by
1142	1142	23 the members of the Council designated in clauses
1143	1143	24 (c)(1)(A) through (L); and
1144	1144	25 (R) ex-officio members shall include:
1145	1145	26 (i) the Director of Corrections, or his or her
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150
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1152	1152
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1156	1156	1 designee;
1157	1157	2 (ii) the Chair of the Prisoner Review Board,
1158	1158	3 or his or her designee;
1159	1159	4 (iii) the Director of the Illinois State
1160	1160	5 Police, or his or her designee;
1161	1161	6 (iv) the Director of the Illinois Criminal
1162	1162	7 Justice Information Authority, or his or her
1163	1163	8 designee; and
1164	1164	9 (v) the Cook County Sheriff, or his or her
1165	1165	10 designee.
1166	1166	11 (1.5) The Chair and Vice Chair shall be elected from
1167	1167	12 among its members by a majority of the members of the
1168	1168	13 Council.
1169	1169	14 (2) Members of the Council who serve because of their
1170	1170	15 public office or position, or those who are designated as
1171	1171	16 members by such officials, shall serve only as long as
1172	1172	17 they hold such office or position.
1173	1173	18 (3) Council members shall serve without compensation
1174	1174	19 but shall be reimbursed for travel and per diem expenses
1175	1175	20 incurred in their work for the Council.
1176	1176	21 (4) The Council may exercise any power, perform any
1177	1177	22 function, take any action, or do anything in furtherance
1178	1178	23 of its purposes and goals upon the appointment of a quorum
1179	1179	24 of its members. The term of office of each member of the
1180	1180	25 Council ends on the date of repeal of this amendatory Act
1181	1181	26 of the 96th General Assembly.
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186
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1192	1192	1 (5) The Council shall determine the qualifications for
1193	1193	2 and hire the Executive Director.
1194	1194	3 (d) Duties. The Council shall perform, as resources
1195	1195	4 permit, duties including:
1196	1196	5 (1) Collect and analyze information including
1197	1197	6 sentencing data, crime trends, and existing correctional
1198	1198	7 resources to support legislative and executive action
1199	1199	8 affecting the use of correctional resources on the State
1200	1200	9 and local levels.
1201	1201	10 (2) Prepare criminal justice population projections
1202	1202	11 annually, including correctional and community-based
1203	1203	12 supervision populations.
1204	1204	13 (3) Analyze data relevant to proposed sentencing
1205	1205	14 legislation and its effect on current policies or
1206	1206	15 practices, and provide information to support
1207	1207	16 evidence-based sentencing.
1208	1208	17 (4) Ensure that adequate resources and facilities are
1209	1209	18 available for carrying out sentences imposed on offenders
1210	1210	19 and that rational priorities are established for the use
1211	1211	20 of those resources. To do so, the Council shall prepare
1212	1212	21 criminal justice resource statements, identifying the
1213	1213	22 fiscal and practical effects of proposed criminal
1214	1214	23 sentencing legislation, including, but not limited to, the
1215	1215	24 correctional population, court processes, and county or
1216	1216	25 local government resources.
1217	1217	26 (4.5) Study and conduct a thorough analysis of
1218	1218
1219	1219
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1221	1221
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1224	1224
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1228	1228	1 sentencing under Section 5-4.5-110.1 5-4.5-110 of this
1229	1229	2 Code. The Sentencing Policy Advisory Council shall provide
1230	1230	3 annual reports to the Governor and General Assembly,
1231	1231	4 including the total number of persons sentenced under
1232	1232	5 Section 5-4.5-110.1 5-4.5-110 of this Code, the total
1233	1233	6 number of departures from sentences under Section
1234	1234	7 5-4.5-110.1 5-4.5-110 of this Code, and an analysis of
1235	1235	8 trends in sentencing and departures. On or before December
1236	1236	9 31, 2022, the Sentencing Policy Advisory Council shall
1237	1237	10 provide a report to the Governor and General Assembly on
1238	1238	11 the effectiveness of sentencing under Section 5-4.5-110 of
1239	1239	12 this Code, including recommendations on whether sentencing
1240	1240	13 under Section 5-4.5-110 of this Code should be adjusted or
1241	1241	14 continued.
1242	1242	15 (5) Perform such other studies or tasks pertaining to
1243	1243	16 sentencing policies as may be requested by the Governor or
1244	1244	17 the Illinois General Assembly.
1245	1245	18 (6) Perform such other functions as may be required by
1246	1246	19 law or as are necessary to carry out the purposes and goals
1247	1247	20 of the Council prescribed in subsection (b).
1248	1248	21 (7) Publish a report on the trends in sentencing for
1249	1249	22 offenders described in subsection (b-1) of Section 5-4-1
1250	1250	23 of this Code, the impact of the trends on the prison and
1251	1251	24 probation populations, and any changes in the racial
1252	1252	25 composition of the prison and probation populations that
1253	1253	26 can be attributed to the changes made by adding subsection
1254	1254
1255	1255
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1257	1257
1258	1258
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1264	1264	1 (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
1265	1265	2 (e) Authority.
1266	1266	3 (1) The Council shall have the power to perform the
1267	1267	4 functions necessary to carry out its duties, purposes and
1268	1268	5 goals under this Act. In so doing, the Council shall
1269	1269	6 utilize information and analysis developed by the Illinois
1270	1270	7 Criminal Justice Information Authority, the Administrative
1271	1271	8 Office of the Illinois Courts, and the Illinois Department
1272	1272	9 of Corrections.
1273	1273	10 (2) Upon request from the Council, each executive
1274	1274	11 agency and department of State and local government shall
1275	1275	12 provide information and records to the Council in the
1276	1276	13 execution of its duties.
1277	1277	14 (f) Report. The Council shall report in writing annually
1278	1278	15 to the General Assembly, the Illinois Supreme Court, and the
1279	1279	16 Governor.
1280	1280	17 (g) (Blank).
1281	1281	18 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17;
1282	1282	19 101-279, eff. 8-9-19.)
1283	1283
1284	1284
1285	1285
1286	1286
1287	1287
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