103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2065 Introduced 2/9/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 720 ILCS 5/18-4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2720 ILCS 5/24-1.7720 ILCS 5/24-3.7730 ILCS 5/5-4.5-110730 ILCS 5/5-5-3 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 Amends the Criminal Code of 2012. Provides for enhanced sentencing for: (1) aggravated vehicular hijacking; (2) unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities; (3) aggravated discharge of a firearm; (4) being an armed habitual criminal; and (5) use of a stolen or illegally acquired firearm in the commission of an offense. Adds additional protected classes of persons for which the offense of aggravated discharge of a firearm applies. Amends the Unified Code of Corrections to make conforming changes. LRB103 25262 RLC 51606 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2065 Introduced 2/9/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 720 ILCS 5/18-4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2720 ILCS 5/24-1.7720 ILCS 5/24-3.7730 ILCS 5/5-4.5-110730 ILCS 5/5-5-3 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 720 ILCS 5/18-4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2 720 ILCS 5/24-1.7 720 ILCS 5/24-3.7 730 ILCS 5/5-4.5-110 730 ILCS 5/5-5-3 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 Amends the Criminal Code of 2012. Provides for enhanced sentencing for: (1) aggravated vehicular hijacking; (2) unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities; (3) aggravated discharge of a firearm; (4) being an armed habitual criminal; and (5) use of a stolen or illegally acquired firearm in the commission of an offense. Adds additional protected classes of persons for which the offense of aggravated discharge of a firearm applies. Amends the Unified Code of Corrections to make conforming changes. LRB103 25262 RLC 51606 b LRB103 25262 RLC 51606 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2065 Introduced 2/9/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
720 ILCS 5/18-4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2720 ILCS 5/24-1.7720 ILCS 5/24-3.7730 ILCS 5/5-4.5-110730 ILCS 5/5-5-3 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 720 ILCS 5/18-4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2 720 ILCS 5/24-1.7 720 ILCS 5/24-3.7 730 ILCS 5/5-4.5-110 730 ILCS 5/5-5-3 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
720 ILCS 5/18-4
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.7
720 ILCS 5/24-3.7
730 ILCS 5/5-4.5-110
730 ILCS 5/5-5-3
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Criminal Code of 2012. Provides for enhanced sentencing for: (1) aggravated vehicular hijacking; (2) unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities; (3) aggravated discharge of a firearm; (4) being an armed habitual criminal; and (5) use of a stolen or illegally acquired firearm in the commission of an offense. Adds additional protected classes of persons for which the offense of aggravated discharge of a firearm applies. Amends the Unified Code of Corrections to make conforming changes.
LRB103 25262 RLC 51606 b LRB103 25262 RLC 51606 b
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A BILL FOR
SB2065LRB103 25262 RLC 51606 b SB2065 LRB103 25262 RLC 51606 b
SB2065 LRB103 25262 RLC 51606 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as
6 follows:
7 (720 ILCS 5/18-4)
8 Sec. 18-4. Aggravated vehicular hijacking.
9 (a) A person commits aggravated vehicular hijacking when
10 he or she violates Section 18-3; and
11 (1) the person from whose immediate presence the motor
12 vehicle is taken is a person with a physical disability or
13 a person 60 years of age or over; or
14 (2) a person under 16 years of age is a passenger in
15 the motor vehicle at the time of the offense; or
16 (3) he or she carries on or about his or her person, or
17 is otherwise armed with a dangerous weapon, other than a
18 firearm; or
19 (4) he or she carries on or about his or her person or
20 is otherwise armed with a firearm; or
21 (5) he or she, during the commission of the offense,
22 personally discharges a firearm; or
23 (6) he or she, during the commission of the offense,
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2065 Introduced 2/9/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
720 ILCS 5/18-4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2720 ILCS 5/24-1.7720 ILCS 5/24-3.7730 ILCS 5/5-4.5-110730 ILCS 5/5-5-3 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 720 ILCS 5/18-4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2 720 ILCS 5/24-1.7 720 ILCS 5/24-3.7 730 ILCS 5/5-4.5-110 730 ILCS 5/5-5-3 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
720 ILCS 5/18-4
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.7
720 ILCS 5/24-3.7
730 ILCS 5/5-4.5-110
730 ILCS 5/5-5-3
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Criminal Code of 2012. Provides for enhanced sentencing for: (1) aggravated vehicular hijacking; (2) unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities; (3) aggravated discharge of a firearm; (4) being an armed habitual criminal; and (5) use of a stolen or illegally acquired firearm in the commission of an offense. Adds additional protected classes of persons for which the offense of aggravated discharge of a firearm applies. Amends the Unified Code of Corrections to make conforming changes.
LRB103 25262 RLC 51606 b LRB103 25262 RLC 51606 b
LRB103 25262 RLC 51606 b
A BILL FOR
720 ILCS 5/18-4
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.7
720 ILCS 5/24-3.7
730 ILCS 5/5-4.5-110
730 ILCS 5/5-5-3
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
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1 personally discharges a firearm that proximately causes
2 great bodily harm, permanent disability, permanent
3 disfigurement, or death to another person.
4 (b) Sentence. Aggravated vehicular hijacking is a Class X
5 felony for a first offense for which a term of imprisonment of
6 not less than 10 years and not more than 60 years shall be
7 imposed. A second or subsequent offense is a Class X felony for
8 which a term of natural life imprisonment shall be imposed in
9 violation of subsections (a)(1) or (a)(2) is a Class X felony.
10 A violation of subsection (a)(3) is a Class X felony for which
11 a term of imprisonment of not less than 7 years shall be
12 imposed. A violation of subsection (a)(4) is a Class X felony
13 for which 15 years shall be added to the term of imprisonment
14 imposed by the court. A violation of subsection (a)(5) is a
15 Class X felony for which 20 years shall be added to the term of
16 imprisonment imposed by the court. A violation of subsection
17 (a)(6) is a Class X felony for which 25 years or up to a term
18 of natural life shall be added to the term of imprisonment
19 imposed by the court.
20 (Source: P.A. 99-143, eff. 7-27-15.)
21 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
22 Sec. 24-1.1. Unlawful use or possession of weapons by
23 felons or persons in the custody of the Department of
24 Corrections facilities.
25 (a) It is unlawful for a person to knowingly possess on or
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1 about his person or on his land or in his own abode or fixed
2 place of business any weapon prohibited under Section 24-1 of
3 this Act or any firearm or any firearm ammunition if the person
4 has been convicted of a felony under the laws of this State or
5 any other jurisdiction. This Section shall not apply if the
6 person has been granted relief by the Director of the Illinois
7 State Police under Section 10 of the Firearm Owners
8 Identification Card Act.
9 (b) It is unlawful for any person confined in a penal
10 institution, which is a facility of the Illinois Department of
11 Corrections, to possess any weapon prohibited under Section
12 24-1 of this Code or any firearm or firearm ammunition,
13 regardless of the intent with which he possesses it.
14 (c) It shall be an affirmative defense to a violation of
15 subsection (b), that such possession was specifically
16 authorized by rule, regulation, or directive of the Illinois
17 Department of Corrections or order issued pursuant thereto.
18 (d) The defense of necessity is not available to a person
19 who is charged with a violation of subsection (b) of this
20 Section.
21 (e) Sentence. Violation of this Section is a Class X
22 felony for a first offense for which a term of imprisonment of
23 not less than 10 years shall be imposed. A second or subsequent
24 offense is a Class X felony for which a term of natural life
25 imprisonment shall be imposed by a person not confined in a
26 penal institution shall be a Class 3 felony for which the
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1 person shall be sentenced to no less than 2 years and no more
2 than 10 years. A second or subsequent violation of this
3 Section shall be a Class 2 felony for which the person shall be
4 sentenced to a term of imprisonment of not less than 3 years
5 and not more than 14 years, except as provided for in Section
6 5-4.5-110 of the Unified Code of Corrections. Violation of
7 this Section by a person not confined in a penal institution
8 who has been convicted of a forcible felony, a felony
9 violation of Article 24 of this Code or of the Firearm Owners
10 Identification Card Act, stalking or aggravated stalking, or a
11 Class 2 or greater felony under the Illinois Controlled
12 Substances Act, the Cannabis Control Act, or the
13 Methamphetamine Control and Community Protection Act is a
14 Class 2 felony for which the person shall be sentenced to not
15 less than 3 years and not more than 14 years, except as
16 provided for in Section 5-4.5-110 of the Unified Code of
17 Corrections. Violation of this Section by a person who is on
18 parole or mandatory supervised release is a Class 2 felony for
19 which the person shall be sentenced to not less than 3 years
20 and not more than 14 years, except as provided for in Section
21 5-4.5-110 of the Unified Code of Corrections. Violation of
22 this Section by a person not confined in a penal institution is
23 a Class X felony when the firearm possessed is a machine gun.
24 Any person who violates this Section while confined in a penal
25 institution, which is a facility of the Illinois Department of
26 Corrections, is guilty of a Class 1 felony, if he possesses any
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1 weapon prohibited under Section 24-1 of this Code regardless
2 of the intent with which he possesses it, a Class X felony if
3 he possesses any firearm, firearm ammunition or explosive, and
4 a Class X felony for which the offender shall be sentenced to
5 not less than 12 years and not more than 50 years when the
6 firearm possessed is a machine gun. A violation of this
7 Section while wearing or in possession of body armor as
8 defined in Section 33F-1 is a Class X felony punishable by a
9 term of imprisonment of not less than 10 years and not more
10 than 40 years. The possession of each firearm or firearm
11 ammunition in violation of this Section constitutes a single
12 and separate violation.
13 (Source: P.A. 102-538, eff. 8-20-21.)
14 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
15 Sec. 24-1.2. Aggravated discharge of a firearm.
16 (a) A person commits aggravated discharge of a firearm
17 when he or she knowingly or intentionally:
18 (1) Discharges a firearm at or into a building he or
19 she knows or reasonably should know to be occupied and the
20 firearm is discharged from a place or position outside
21 that building;
22 (2) Discharges a firearm in the direction of another
23 person or in the direction of a vehicle he or she knows or
24 reasonably should know to be occupied by a person;
25 (3) Discharges a firearm in the direction of a person
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1 he or she knows to be a peace officer, a community policing
2 volunteer, a correctional institution employee, or a
3 fireman while the officer, volunteer, employee or fireman
4 is engaged in the execution of any of his or her official
5 duties, or to prevent the officer, volunteer, employee or
6 fireman from performing his or her official duties, or in
7 retaliation for the officer, volunteer, employee or
8 fireman performing his or her official duties;
9 (4) Discharges a firearm in the direction of a vehicle
10 he or she knows to be occupied by a peace officer, a person
11 summoned or directed by a peace officer, a correctional
12 institution employee or a fireman while the officer,
13 employee or fireman is engaged in the execution of any of
14 his or her official duties, or to prevent the officer,
15 employee or fireman from performing his or her official
16 duties, or in retaliation for the officer, employee or
17 fireman performing his or her official duties;
18 (5) Discharges a firearm in the direction of a person
19 he or she knows to be emergency medical services personnel
20 who is engaged in the execution of any of his or her
21 official duties, or to prevent the emergency medical
22 services personnel from performing his or her official
23 duties, or in retaliation for the emergency medical
24 services personnel performing his or her official duties;
25 (6) Discharges a firearm in the direction of a vehicle
26 he or she knows to be occupied by emergency medical
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1 services personnel while the emergency medical services
2 personnel is engaged in the execution of any of his or her
3 official duties, or to prevent the emergency medical
4 services personnel from performing his or her official
5 duties, or in retaliation for the emergency medical
6 services personnel performing his or her official duties;
7 (7) Discharges a firearm in the direction of a person
8 he or she knows to be a teacher or other person employed in
9 any school and the teacher or other employee is upon the
10 grounds of a school or grounds adjacent to a school, or is
11 in any part of a building used for school purposes;
12 (8) Discharges a firearm in the direction of a person
13 he or she knows to be an emergency management worker while
14 the emergency management worker is engaged in the
15 execution of any of his or her official duties, or to
16 prevent the emergency management worker from performing
17 his or her official duties, or in retaliation for the
18 emergency management worker performing his or her official
19 duties; or
20 (9) Discharges a firearm in the direction of a vehicle
21 he or she knows to be occupied by an emergency management
22 worker while the emergency management worker is engaged in
23 the execution of any of his or her official duties, or to
24 prevent the emergency management worker from performing
25 his or her official duties, or in retaliation for the
26 emergency management worker performing his or her official
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1 duties; .
2 (10) discharges a firearm in the direction of a person
3 he or she knows to be a person under 18 years old;
4 (11) discharges a firearm in the direction of a person
5 he or she knows to be a veteran;
6 (12) discharges a firearm in the direction of a person
7 he or she knows to be 60 years of age or older;
8 (13) discharges a firearm in the direction of a person
9 he or she knows to be pregnant or has a physical
10 disability;
11 (14) discharges a firearm in the direction of a person
12 he or she knows to be gathering for worship;
13 (15) discharges a firearm in the direction of a person
14 he or she knows to be boarding or riding public transit;
15 (16) discharges a firearm in the direction of a person
16 he or she knows to be a student at an institution of higher
17 education;
18 (17) discharges a firearm in the direction of a person
19 who is in a public roadway, a park, public housing, a
20 school, a building under the control of the State or a unit
21 of local government, a church, a hospital, a nursing home,
22 any bus, train, or form of transportation paid for in
23 whole or in part with public funds, or any building, real
24 property, or parking area under the control of a public
25 transportation facility paid for in whole or in part with
26 public funds; or
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1 (18) discharges a firearm during the commission or
2 attempted commission of vehicular hijacking.
3 (b) A violation of subsection (a)(1) or subsection (a)(2)
4 of this Section is a Class 1 felony. A violation of subsection
5 (a)(1) or (a)(2) of this Section committed in a school, on the
6 real property comprising a school, within 1,000 feet of the
7 real property comprising a school, at a school related
8 activity or on or within 1,000 feet of any conveyance owned,
9 leased, or contracted by a school to transport students to or
10 from school or a school related activity, regardless of the
11 time of day or time of year that the offense was committed is a
12 Class X felony. A violation of subsection (a)(3), (a)(4),
13 (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11),
14 (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or
15 (a)(18) of this Section is a Class X felony for which the
16 sentence shall be a term of imprisonment of no less than 10
17 years and not more than 45 years.
18 (c) For purposes of this Section:
19 "Emergency medical services personnel" has the meaning
20 specified in Section 3.5 of the Emergency Medical Services
21 (EMS) Systems Act and shall include all ambulance crew
22 members, including drivers or pilots.
23 "School" means a public or private elementary or secondary
24 school, community college, college, or university.
25 "School related activity" means any sporting, social,
26 academic, or other activity for which students' attendance or
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1 participation is sponsored, organized, or funded in whole or
2 in part by a school or school district.
3 (Source: P.A. 99-816, eff. 8-15-16.)
4 (720 ILCS 5/24-1.7)
5 Sec. 24-1.7. Armed habitual criminal.
6 (a) A person commits the offense of being an armed
7 habitual criminal if he or she receives, sells, possesses, or
8 transfers any firearm after having been convicted a total of 2
9 or more times of any combination of the following offenses:
10 (1) a forcible felony as defined in Section 2-8 of
11 this Code;
12 (2) unlawful use of a weapon by a felon; aggravated
13 unlawful use of a weapon; aggravated discharge of a
14 firearm; vehicular hijacking; aggravated vehicular
15 hijacking; aggravated battery of a child as described in
16 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
17 intimidation; aggravated intimidation; gunrunning; home
18 invasion; or aggravated battery with a firearm as
19 described in Section 12-4.2 or subdivision (e)(1), (e)(2),
20 (e)(3), or (e)(4) of Section 12-3.05; or
21 (3) any violation of the Illinois Controlled
22 Substances Act or the Cannabis Control Act that is
23 punishable as a Class 3 felony or higher.
24 (b) Sentence. Being an armed habitual criminal is a Class
25 X felony for a first offense for which a term of imprisonment
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1 of not less than 10 years and not more than 30 years shall be
2 imposed. A second or subsequent offense is a Class X felony for
3 which a term of natural life imprisonment shall be imposed.
4 (Source: P.A. 96-1551, eff. 7-1-11.)
5 (720 ILCS 5/24-3.7)
6 Sec. 24-3.7. Use of a stolen or illegally acquired firearm
7 in the commission of an offense.
8 (a) A person commits the offense of use of a stolen or
9 illegally acquired firearm in the commission of an offense
10 when he or she knowingly uses a stolen or illegally acquired
11 firearm in the commission of any offense and the person knows
12 that the firearm was stolen or illegally acquired.
13 (b) Sentence. Use of a stolen or illegally acquired
14 firearm in the commission of an offense is a Class X felony for
15 a first offense for which a term of imprisonment of not less
16 than 10 years shall be imposed. A second or subsequent offense
17 is a Class X felony for which a term of natural life
18 imprisonment shall be imposed 2 felony.
19 (c) "Illegally acquired firearm" means a firearm acquired
20 in violation of Section 24-3.
21 (Source: P.A. 96-190, eff. 1-1-10.)
22 Section 10. The Unified Code of Corrections is amended by
23 changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows:
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1 (730 ILCS 5/5-4.5-110)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
4 PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
5 (a) DEFINITIONS. For the purposes of this Section:
6 "Firearm" has the meaning ascribed to it in Section
7 1.1 of the Firearm Owners Identification Card Act.
8 "Qualifying predicate offense" means the following
9 offenses under the Criminal Code of 2012:
10 (A) aggravated unlawful use of a weapon under
11 Section 24-1.6 or similar offense under the Criminal
12 Code of 1961, when the weapon is a firearm;
13 (B) unlawful use or possession of a weapon by a
14 felon under Section 24-1.1 or similar offense under
15 the Criminal Code of 1961, when the weapon is a
16 firearm;
17 (C) first degree murder under Section 9-1 or
18 similar offense under the Criminal Code of 1961;
19 (D) attempted first degree murder with a firearm
20 or similar offense under the Criminal Code of 1961;
21 (E) aggravated kidnapping with a firearm under
22 paragraph (6) or (7) of subsection (a) of Section 10-2
23 or similar offense under the Criminal Code of 1961;
24 (F) aggravated battery with a firearm under
25 subsection (e) of Section 12-3.05 or similar offense
26 under the Criminal Code of 1961;
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1 (G) aggravated criminal sexual assault under
2 Section 11-1.30 or similar offense under the Criminal
3 Code of 1961;
4 (H) predatory criminal sexual assault of a child
5 under Section 11-1.40 or similar offense under the
6 Criminal Code of 1961;
7 (I) armed robbery under Section 18-2 or similar
8 offense under the Criminal Code of 1961;
9 (J) vehicular hijacking under Section 18-3 or
10 similar offense under the Criminal Code of 1961;
11 (K) aggravated vehicular hijacking under Section
12 18-4 or similar offense under the Criminal Code of
13 1961;
14 (L) home invasion with a firearm under paragraph
15 (3), (4), or (5) of subsection (a) of Section 19-6 or
16 similar offense under the Criminal Code of 1961;
17 (M) aggravated discharge of a firearm under
18 Section 24-1.2 or similar offense under the Criminal
19 Code of 1961;
20 (N) aggravated discharge of a machine gun or a
21 firearm equipped with a device designed or used for
22 silencing the report of a firearm under Section
23 24-1.2-5 or similar offense under the Criminal Code of
24 1961;
25 (0) unlawful use of firearm projectiles under
26 Section 24-2.1 or similar offense under the Criminal
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1 Code of 1961;
2 (P) manufacture, sale, or transfer of bullets or
3 shells represented to be armor piercing bullets,
4 dragon's breath shotgun shells, bolo shells, or
5 flechette shells under Section 24-2.2 or similar
6 offense under the Criminal Code of 1961;
7 (Q) unlawful sale or delivery of firearms under
8 Section 24-3 or similar offense under the Criminal
9 Code of 1961;
10 (R) unlawful discharge of firearm projectiles
11 under Section 24-3.2 or similar offense under the
12 Criminal Code of 1961;
13 (S) unlawful sale or delivery of firearms on
14 school premises of any school under Section 24-3.3 or
15 similar offense under the Criminal Code of 1961;
16 (T) unlawful purchase of a firearm under Section
17 24-3.5 or similar offense under the Criminal Code of
18 1961;
19 (U) use of a stolen or illegally acquired firearm
20 in the commission of an offense under Section 24-3.7
21 or similar offense under the Criminal Code of 1961;
22 (V) possession of a stolen firearm under Section
23 24-3.8 or similar offense under the Criminal Code of
24 1961;
25 (W) aggravated possession of a stolen firearm
26 under Section 24-3.9 or similar offense under the
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1 Criminal Code of 1961;
2 (X) gunrunning under Section 24-3A or similar
3 offense under the Criminal Code of 1961;
4 (Y) defacing identification marks of firearms
5 under Section 24-5 or similar offense under the
6 Criminal Code of 1961; and
7 (Z) armed violence under Section 33A-2 or similar
8 offense under the Criminal Code of 1961.
9 (b) APPLICABILITY. For an offense committed on or after
10 January 1, 2018 (the effective date of Public Act 100-3) and
11 before January 1, 2024, when a person is convicted of unlawful
12 use or possession of a weapon by a felon, when the weapon is a
13 firearm, or aggravated unlawful use of a weapon, when the
14 weapon is a firearm, after being previously convicted of a
15 qualifying predicate offense the person shall be subject to
16 the sentencing guidelines under this Section.
17 (c) SENTENCING GUIDELINES.
18 (1) When a person is convicted of unlawful use or
19 possession of a weapon by a felon, when the weapon is a
20 firearm, and that person has been previously convicted of
21 a qualifying predicate offense, the person shall be
22 sentenced to a term of imprisonment within the sentencing
23 range of not less than 7 years and not more than 14 years,
24 unless the court finds that a departure from the
25 sentencing guidelines under this paragraph is warranted
26 under subsection (d) of this Section.
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1 (2) When a person is convicted of aggravated unlawful
2 use of a weapon, when the weapon is a firearm, and that
3 person has been previously convicted of a qualifying
4 predicate offense, the person shall be sentenced to a term
5 of imprisonment within the sentencing range of not less
6 than 6 years and not more than 7 years, unless the court
7 finds that a departure from the sentencing guidelines
8 under this paragraph is warranted under subsection (d) of
9 this Section.
10 (3) The sentencing guidelines in paragraphs (1) and
11 (2) of this subsection (c) apply only to offenses
12 committed on and after January 1, 2018 (the effective date
13 of Public Act 100-3) and before January 1, 2024.
14 (d) DEPARTURE FROM SENTENCING GUIDELINES.
15 (1) At the sentencing hearing conducted under Section
16 5-4-1 of this Code, the court may depart from the
17 sentencing guidelines provided in subsection (c) of this
18 Section and impose a sentence otherwise authorized by law
19 for the offense if the court, after considering any factor
20 under paragraph (2) of this subsection (d) relevant to the
21 nature and circumstances of the crime and to the history
22 and character of the defendant, finds on the record
23 substantial and compelling justification that the sentence
24 within the sentencing guidelines would be unduly harsh and
25 that a sentence otherwise authorized by law would be
26 consistent with public safety and does not deprecate the
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1 seriousness of the offense.
2 (2) In deciding whether to depart from the sentencing
3 guidelines under this paragraph, the court shall consider:
4 (A) the age, immaturity, or limited mental
5 capacity of the defendant at the time of commission of
6 the qualifying predicate or current offense, including
7 whether the defendant was suffering from a mental or
8 physical condition insufficient to constitute a
9 defense but significantly reduced the defendant's
10 culpability;
11 (B) the nature and circumstances of the qualifying
12 predicate offense;
13 (C) the time elapsed since the qualifying
14 predicate offense;
15 (D) the nature and circumstances of the current
16 offense;
17 (E) the defendant's prior criminal history;
18 (F) whether the defendant committed the qualifying
19 predicate or current offense under specific and
20 credible duress, coercion, threat, or compulsion;
21 (G) whether the defendant aided in the
22 apprehension of another felon or testified truthfully
23 on behalf of another prosecution of a felony; and
24 (H) whether departure is in the interest of the
25 person's rehabilitation, including employment or
26 educational or vocational training, after taking into
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1 account any past rehabilitation efforts or
2 dispositions of probation or supervision, and the
3 defendant's cooperation or response to rehabilitation.
4 (3) When departing from the sentencing guidelines
5 under this Section, the court shall specify on the record,
6 the particular evidence, information, factor or factors,
7 or other reasons which led to the departure from the
8 sentencing guidelines. When departing from the sentencing
9 range in accordance with this subsection (d), the court
10 shall indicate on the sentencing order which departure
11 factor or factors outlined in paragraph (2) of this
12 subsection (d) led to the sentence imposed. The sentencing
13 order shall be filed with the clerk of the court and shall
14 be a public record.
15 (e) This Section is repealed on January 1, 2024.
16 (Source: P.A. 102-1109, eff. 12-21-22.)
17 (730 ILCS 5/5-5-3)
18 Sec. 5-5-3. Disposition.
19 (a) (Blank).
20 (b) (Blank).
21 (c) (1) (Blank).
22 (2) A period of probation, a term of periodic imprisonment
23 or conditional discharge shall not be imposed for the
24 following offenses. The court shall sentence the offender to
25 not less than the minimum term of imprisonment set forth in
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1 this Code for the following offenses, and may order a fine or
2 restitution or both in conjunction with such term of
3 imprisonment:
4 (A) First degree murder where the death penalty is not
5 imposed.
6 (B) Attempted first degree murder.
7 (C) A Class X felony.
8 (D) A violation of Section 401.1 or 407 of the
9 Illinois Controlled Substances Act, or a violation of
10 subdivision (c)(1.5) of Section 401 of that Act which
11 relates to more than 5 grams of a substance containing
12 fentanyl or an analog thereof.
13 (D-5) A violation of subdivision (c)(1) of Section 401
14 of the Illinois Controlled Substances Act which relates to
15 3 or more grams of a substance containing heroin or an
16 analog thereof.
17 (E) (Blank).
18 (F) A Class 1 or greater felony if the offender had
19 been convicted of a Class 1 or greater felony, including
20 any state or federal conviction for an offense that
21 contained, at the time it was committed, the same elements
22 as an offense now (the date of the offense committed after
23 the prior Class 1 or greater felony) classified as a Class
24 1 or greater felony, within 10 years of the date on which
25 the offender committed the offense for which he or she is
26 being sentenced, except as otherwise provided in Section
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1 40-10 of the Substance Use Disorder Act.
2 (F-3) A Class 2 or greater felony sex offense or
3 felony firearm offense if the offender had been convicted
4 of a Class 2 or greater felony, including any state or
5 federal conviction for an offense that contained, at the
6 time it was committed, the same elements as an offense now
7 (the date of the offense committed after the prior Class 2
8 or greater felony) classified as a Class 2 or greater
9 felony, within 10 years of the date on which the offender
10 committed the offense for which he or she is being
11 sentenced, except as otherwise provided in Section 40-10
12 of the Substance Use Disorder Act.
13 (F-5) A violation of Section 18-4, 24-1, 24-1.1,
14 24-1.2, or 24-1.6, 24-1.7, 24-1.8, or 24-3.7 of the
15 Criminal Code of 1961 or the Criminal Code of 2012 for
16 which imprisonment is prescribed in those Sections.
17 (G) Residential burglary, except as otherwise provided
18 in Section 40-10 of the Substance Use Disorder Act.
19 (H) Criminal sexual assault.
20 (I) Aggravated battery of a senior citizen as
21 described in Section 12-4.6 or subdivision (a)(4) of
22 Section 12-3.05 of the Criminal Code of 1961 or the
23 Criminal Code of 2012.
24 (J) A forcible felony if the offense was related to
25 the activities of an organized gang.
26 Before July 1, 1994, for the purposes of this
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1 paragraph, "organized gang" means an association of 5 or
2 more persons, with an established hierarchy, that
3 encourages members of the association to perpetrate crimes
4 or provides support to the members of the association who
5 do commit crimes.
6 Beginning July 1, 1994, for the purposes of this
7 paragraph, "organized gang" has the meaning ascribed to it
8 in Section 10 of the Illinois Streetgang Terrorism Omnibus
9 Prevention Act.
10 (K) Vehicular hijacking.
11 (L) A second or subsequent conviction for the offense
12 of hate crime when the underlying offense upon which the
13 hate crime is based is felony aggravated assault or felony
14 mob action.
15 (M) A second or subsequent conviction for the offense
16 of institutional vandalism if the damage to the property
17 exceeds $300.
18 (N) A Class 3 felony violation of paragraph (1) of
19 subsection (a) of Section 2 of the Firearm Owners
20 Identification Card Act.
21 (O) A violation of Section 12-6.1 or 12-6.5 of the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 (P) A violation of paragraph (1), (2), (3), (4), (5),
24 or (7) of subsection (a) of Section 11-20.1 of the
25 Criminal Code of 1961 or the Criminal Code of 2012.
26 (P-5) A violation of paragraph (6) of subsection (a)
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1 of Section 11-20.1 of the Criminal Code of 1961 or the
2 Criminal Code of 2012 if the victim is a household or
3 family member of the defendant.
4 (Q) A violation of subsection (b) or (b-5) of Section
5 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 (R) A violation of Section 24-3A of the Criminal Code
8 of 1961 or the Criminal Code of 2012.
9 (S) (Blank).
10 (T) (Blank).
11 (U) A second or subsequent violation of Section 6-303
12 of the Illinois Vehicle Code committed while his or her
13 driver's license, permit, or privilege was revoked because
14 of a violation of Section 9-3 of the Criminal Code of 1961
15 or the Criminal Code of 2012, relating to the offense of
16 reckless homicide, or a similar provision of a law of
17 another state.
18 (V) A violation of paragraph (4) of subsection (c) of
19 Section 11-20.1B or paragraph (4) of subsection (c) of
20 Section 11-20.3 of the Criminal Code of 1961, or paragraph
21 (6) of subsection (a) of Section 11-20.1 of the Criminal
22 Code of 2012 when the victim is under 13 years of age and
23 the defendant has previously been convicted under the laws
24 of this State or any other state of the offense of child
25 pornography, aggravated child pornography, aggravated
26 criminal sexual abuse, aggravated criminal sexual assault,
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1 predatory criminal sexual assault of a child, or any of
2 the offenses formerly known as rape, deviate sexual
3 assault, indecent liberties with a child, or aggravated
4 indecent liberties with a child where the victim was under
5 the age of 18 years or an offense that is substantially
6 equivalent to those offenses.
7 (W) A violation of Section 24-3.5 of the Criminal Code
8 of 1961 or the Criminal Code of 2012.
9 (X) A violation of subsection (a) of Section 31-1a of
10 the Criminal Code of 1961 or the Criminal Code of 2012.
11 (Y) A conviction for unlawful possession of a firearm
12 by a street gang member when the firearm was loaded or
13 contained firearm ammunition.
14 (Z) A Class 1 felony committed while he or she was
15 serving a term of probation or conditional discharge for a
16 felony.
17 (AA) Theft of property exceeding $500,000 and not
18 exceeding $1,000,000 in value.
19 (BB) Laundering of criminally derived property of a
20 value exceeding $500,000.
21 (CC) Knowingly selling, offering for sale, holding for
22 sale, or using 2,000 or more counterfeit items or
23 counterfeit items having a retail value in the aggregate
24 of $500,000 or more.
25 (DD) A conviction for aggravated assault under
26 paragraph (6) of subsection (c) of Section 12-2 of the
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1 Criminal Code of 1961 or the Criminal Code of 2012 if the
2 firearm is aimed toward the person against whom the
3 firearm is being used.
4 (EE) A conviction for a violation of paragraph (2) of
5 subsection (a) of Section 24-3B of the Criminal Code of
6 2012.
7 (3) (Blank).
8 (4) A minimum term of imprisonment of not less than 10
9 consecutive days or 30 days of community service shall be
10 imposed for a violation of paragraph (c) of Section 6-303 of
11 the Illinois Vehicle Code.
12 (4.1) (Blank).
13 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14 this subsection (c), a minimum of 100 hours of community
15 service shall be imposed for a second violation of Section
16 6-303 of the Illinois Vehicle Code.
17 (4.3) A minimum term of imprisonment of 30 days or 300
18 hours of community service, as determined by the court, shall
19 be imposed for a second violation of subsection (c) of Section
20 6-303 of the Illinois Vehicle Code.
21 (4.4) Except as provided in paragraphs (4.5), (4.6), and
22 (4.9) of this subsection (c), a minimum term of imprisonment
23 of 30 days or 300 hours of community service, as determined by
24 the court, shall be imposed for a third or subsequent
25 violation of Section 6-303 of the Illinois Vehicle Code. The
26 court may give credit toward the fulfillment of community
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1 service hours for participation in activities and treatment as
2 determined by court services.
3 (4.5) A minimum term of imprisonment of 30 days shall be
4 imposed for a third violation of subsection (c) of Section
5 6-303 of the Illinois Vehicle Code.
6 (4.6) Except as provided in paragraph (4.10) of this
7 subsection (c), a minimum term of imprisonment of 180 days
8 shall be imposed for a fourth or subsequent violation of
9 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10 (4.7) A minimum term of imprisonment of not less than 30
11 consecutive days, or 300 hours of community service, shall be
12 imposed for a violation of subsection (a-5) of Section 6-303
13 of the Illinois Vehicle Code, as provided in subsection (b-5)
14 of that Section.
15 (4.8) A mandatory prison sentence shall be imposed for a
16 second violation of subsection (a-5) of Section 6-303 of the
17 Illinois Vehicle Code, as provided in subsection (c-5) of that
18 Section. The person's driving privileges shall be revoked for
19 a period of not less than 5 years from the date of his or her
20 release from prison.
21 (4.9) A mandatory prison sentence of not less than 4 and
22 not more than 15 years shall be imposed for a third violation
23 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24 Code, as provided in subsection (d-2.5) of that Section. The
25 person's driving privileges shall be revoked for the remainder
26 of his or her life.
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1 (4.10) A mandatory prison sentence for a Class 1 felony
2 shall be imposed, and the person shall be eligible for an
3 extended term sentence, for a fourth or subsequent violation
4 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
5 Code, as provided in subsection (d-3.5) of that Section. The
6 person's driving privileges shall be revoked for the remainder
7 of his or her life.
8 (5) The court may sentence a corporation or unincorporated
9 association convicted of any offense to:
10 (A) a period of conditional discharge;
11 (B) a fine;
12 (C) make restitution to the victim under Section 5-5-6
13 of this Code.
14 (5.1) In addition to any other penalties imposed, and
15 except as provided in paragraph (5.2) or (5.3), a person
16 convicted of violating subsection (c) of Section 11-907 of the
17 Illinois Vehicle Code shall have his or her driver's license,
18 permit, or privileges suspended for at least 90 days but not
19 more than one year, if the violation resulted in damage to the
20 property of another person.
21 (5.2) In addition to any other penalties imposed, and
22 except as provided in paragraph (5.3), a person convicted of
23 violating subsection (c) of Section 11-907 of the Illinois
24 Vehicle Code shall have his or her driver's license, permit,
25 or privileges suspended for at least 180 days but not more than
26 2 years, if the violation resulted in injury to another
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1 person.
2 (5.3) In addition to any other penalties imposed, a person
3 convicted of violating subsection (c) of Section 11-907 of the
4 Illinois Vehicle Code shall have his or her driver's license,
5 permit, or privileges suspended for 2 years, if the violation
6 resulted in the death of another person.
7 (5.4) In addition to any other penalties imposed, a person
8 convicted of violating Section 3-707 of the Illinois Vehicle
9 Code shall have his or her driver's license, permit, or
10 privileges suspended for 3 months and until he or she has paid
11 a reinstatement fee of $100.
12 (5.5) In addition to any other penalties imposed, a person
13 convicted of violating Section 3-707 of the Illinois Vehicle
14 Code during a period in which his or her driver's license,
15 permit, or privileges were suspended for a previous violation
16 of that Section shall have his or her driver's license,
17 permit, or privileges suspended for an additional 6 months
18 after the expiration of the original 3-month suspension and
19 until he or she has paid a reinstatement fee of $100.
20 (6) (Blank).
21 (7) (Blank).
22 (8) (Blank).
23 (9) A defendant convicted of a second or subsequent
24 offense of ritualized abuse of a child may be sentenced to a
25 term of natural life imprisonment.
26 (10) (Blank).
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1 (11) The court shall impose a minimum fine of $1,000 for a
2 first offense and $2,000 for a second or subsequent offense
3 upon a person convicted of or placed on supervision for
4 battery when the individual harmed was a sports official or
5 coach at any level of competition and the act causing harm to
6 the sports official or coach occurred within an athletic
7 facility or within the immediate vicinity of the athletic
8 facility at which the sports official or coach was an active
9 participant of the athletic contest held at the athletic
10 facility. For the purposes of this paragraph (11), "sports
11 official" means a person at an athletic contest who enforces
12 the rules of the contest, such as an umpire or referee;
13 "athletic facility" means an indoor or outdoor playing field
14 or recreational area where sports activities are conducted;
15 and "coach" means a person recognized as a coach by the
16 sanctioning authority that conducted the sporting event.
17 (12) A person may not receive a disposition of court
18 supervision for a violation of Section 5-16 of the Boat
19 Registration and Safety Act if that person has previously
20 received a disposition of court supervision for a violation of
21 that Section.
22 (13) A person convicted of or placed on court supervision
23 for an assault or aggravated assault when the victim and the
24 offender are family or household members as defined in Section
25 103 of the Illinois Domestic Violence Act of 1986 or convicted
26 of domestic battery or aggravated domestic battery may be
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1 required to attend a Partner Abuse Intervention Program under
2 protocols set forth by the Illinois Department of Human
3 Services under such terms and conditions imposed by the court.
4 The costs of such classes shall be paid by the offender.
5 (d) In any case in which a sentence originally imposed is
6 vacated, the case shall be remanded to the trial court. The
7 trial court shall hold a hearing under Section 5-4-1 of this
8 Code which may include evidence of the defendant's life, moral
9 character and occupation during the time since the original
10 sentence was passed. The trial court shall then impose
11 sentence upon the defendant. The trial court may impose any
12 sentence which could have been imposed at the original trial
13 subject to Section 5-5-4 of this Code. If a sentence is vacated
14 on appeal or on collateral attack due to the failure of the
15 trier of fact at trial to determine beyond a reasonable doubt
16 the existence of a fact (other than a prior conviction)
17 necessary to increase the punishment for the offense beyond
18 the statutory maximum otherwise applicable, either the
19 defendant may be re-sentenced to a term within the range
20 otherwise provided or, if the State files notice of its
21 intention to again seek the extended sentence, the defendant
22 shall be afforded a new trial.
23 (e) In cases where prosecution for aggravated criminal
24 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
25 Code of 1961 or the Criminal Code of 2012 results in conviction
26 of a defendant who was a family member of the victim at the
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1 time of the commission of the offense, the court shall
2 consider the safety and welfare of the victim and may impose a
3 sentence of probation only where:
4 (1) the court finds (A) or (B) or both are
5 appropriate:
6 (A) the defendant is willing to undergo a court
7 approved counseling program for a minimum duration of
8 2 years; or
9 (B) the defendant is willing to participate in a
10 court approved plan, including, but not limited to,
11 the defendant's:
12 (i) removal from the household;
13 (ii) restricted contact with the victim;
14 (iii) continued financial support of the
15 family;
16 (iv) restitution for harm done to the victim;
17 and
18 (v) compliance with any other measures that
19 the court may deem appropriate; and
20 (2) the court orders the defendant to pay for the
21 victim's counseling services, to the extent that the court
22 finds, after considering the defendant's income and
23 assets, that the defendant is financially capable of
24 paying for such services, if the victim was under 18 years
25 of age at the time the offense was committed and requires
26 counseling as a result of the offense.
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1 Probation may be revoked or modified pursuant to Section
2 5-6-4; except where the court determines at the hearing that
3 the defendant violated a condition of his or her probation
4 restricting contact with the victim or other family members or
5 commits another offense with the victim or other family
6 members, the court shall revoke the defendant's probation and
7 impose a term of imprisonment.
8 For the purposes of this Section, "family member" and
9 "victim" shall have the meanings ascribed to them in Section
10 11-0.1 of the Criminal Code of 2012.
11 (f) (Blank).
12 (g) Whenever a defendant is convicted of an offense under
13 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
14 11-14.3, 11-14.4 except for an offense that involves keeping a
15 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
16 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
17 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
18 Criminal Code of 2012, the defendant shall undergo medical
19 testing to determine whether the defendant has any sexually
20 transmissible disease, including a test for infection with
21 human immunodeficiency virus (HIV) or any other identified
22 causative agent of acquired immunodeficiency syndrome (AIDS).
23 Any such medical test shall be performed only by appropriately
24 licensed medical practitioners and may include an analysis of
25 any bodily fluids as well as an examination of the defendant's
26 person. Except as otherwise provided by law, the results of
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1 such test shall be kept strictly confidential by all medical
2 personnel involved in the testing and must be personally
3 delivered in a sealed envelope to the judge of the court in
4 which the conviction was entered for the judge's inspection in
5 camera. Acting in accordance with the best interests of the
6 victim and the public, the judge shall have the discretion to
7 determine to whom, if anyone, the results of the testing may be
8 revealed. The court shall notify the defendant of the test
9 results. The court shall also notify the victim if requested
10 by the victim, and if the victim is under the age of 15 and if
11 requested by the victim's parents or legal guardian, the court
12 shall notify the victim's parents or legal guardian of the
13 test results. The court shall provide information on the
14 availability of HIV testing and counseling at Department of
15 Public Health facilities to all parties to whom the results of
16 the testing are revealed and shall direct the State's Attorney
17 to provide the information to the victim when possible. The
18 court shall order that the cost of any such test shall be paid
19 by the county and may be taxed as costs against the convicted
20 defendant.
21 (g-5) When an inmate is tested for an airborne
22 communicable disease, as determined by the Illinois Department
23 of Public Health, including, but not limited to, tuberculosis,
24 the results of the test shall be personally delivered by the
25 warden or his or her designee in a sealed envelope to the judge
26 of the court in which the inmate must appear for the judge's
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1 inspection in camera if requested by the judge. Acting in
2 accordance with the best interests of those in the courtroom,
3 the judge shall have the discretion to determine what if any
4 precautions need to be taken to prevent transmission of the
5 disease in the courtroom.
6 (h) Whenever a defendant is convicted of an offense under
7 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
8 defendant shall undergo medical testing to determine whether
9 the defendant has been exposed to human immunodeficiency virus
10 (HIV) or any other identified causative agent of acquired
11 immunodeficiency syndrome (AIDS). Except as otherwise provided
12 by law, the results of such test shall be kept strictly
13 confidential by all medical personnel involved in the testing
14 and must be personally delivered in a sealed envelope to the
15 judge of the court in which the conviction was entered for the
16 judge's inspection in camera. Acting in accordance with the
17 best interests of the public, the judge shall have the
18 discretion to determine to whom, if anyone, the results of the
19 testing may be revealed. The court shall notify the defendant
20 of a positive test showing an infection with the human
21 immunodeficiency virus (HIV). The court shall provide
22 information on the availability of HIV testing and counseling
23 at Department of Public Health facilities to all parties to
24 whom the results of the testing are revealed and shall direct
25 the State's Attorney to provide the information to the victim
26 when possible. The court shall order that the cost of any such
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1 test shall be paid by the county and may be taxed as costs
2 against the convicted defendant.
3 (i) All fines and penalties imposed under this Section for
4 any violation of Chapters 3, 4, 6, and 11 of the Illinois
5 Vehicle Code, or a similar provision of a local ordinance, and
6 any violation of the Child Passenger Protection Act, or a
7 similar provision of a local ordinance, shall be collected and
8 disbursed by the circuit clerk as provided under the Criminal
9 and Traffic Assessment Act.
10 (j) In cases when prosecution for any violation of Section
11 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
12 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
13 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
14 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
15 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
16 Code of 2012, any violation of the Illinois Controlled
17 Substances Act, any violation of the Cannabis Control Act, or
18 any violation of the Methamphetamine Control and Community
19 Protection Act results in conviction, a disposition of court
20 supervision, or an order of probation granted under Section 10
21 of the Cannabis Control Act, Section 410 of the Illinois
22 Controlled Substances Act, or Section 70 of the
23 Methamphetamine Control and Community Protection Act of a
24 defendant, the court shall determine whether the defendant is
25 employed by a facility or center as defined under the Child
26 Care Act of 1969, a public or private elementary or secondary
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1 school, or otherwise works with children under 18 years of age
2 on a daily basis. When a defendant is so employed, the court
3 shall order the Clerk of the Court to send a copy of the
4 judgment of conviction or order of supervision or probation to
5 the defendant's employer by certified mail. If the employer of
6 the defendant is a school, the Clerk of the Court shall direct
7 the mailing of a copy of the judgment of conviction or order of
8 supervision or probation to the appropriate regional
9 superintendent of schools. The regional superintendent of
10 schools shall notify the State Board of Education of any
11 notification under this subsection.
12 (j-5) A defendant at least 17 years of age who is convicted
13 of a felony and who has not been previously convicted of a
14 misdemeanor or felony and who is sentenced to a term of
15 imprisonment in the Illinois Department of Corrections shall
16 as a condition of his or her sentence be required by the court
17 to attend educational courses designed to prepare the
18 defendant for a high school diploma and to work toward a high
19 school diploma or to work toward passing high school
20 equivalency testing or to work toward completing a vocational
21 training program offered by the Department of Corrections. If
22 a defendant fails to complete the educational training
23 required by his or her sentence during the term of
24 incarceration, the Prisoner Review Board shall, as a condition
25 of mandatory supervised release, require the defendant, at his
26 or her own expense, to pursue a course of study toward a high
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1 school diploma or passage of high school equivalency testing.
2 The Prisoner Review Board shall revoke the mandatory
3 supervised release of a defendant who wilfully fails to comply
4 with this subsection (j-5) upon his or her release from
5 confinement in a penal institution while serving a mandatory
6 supervised release term; however, the inability of the
7 defendant after making a good faith effort to obtain financial
8 aid or pay for the educational training shall not be deemed a
9 wilful failure to comply. The Prisoner Review Board shall
10 recommit the defendant whose mandatory supervised release term
11 has been revoked under this subsection (j-5) as provided in
12 Section 3-3-9. This subsection (j-5) does not apply to a
13 defendant who has a high school diploma or has successfully
14 passed high school equivalency testing. This subsection (j-5)
15 does not apply to a defendant who is determined by the court to
16 be a person with a developmental disability or otherwise
17 mentally incapable of completing the educational or vocational
18 program.
19 (k) (Blank).
20 (l) (A) Except as provided in paragraph (C) of subsection
21 (l), whenever a defendant, who is not a citizen or national of
22 the United States, is convicted of any felony or misdemeanor
23 offense, the court after sentencing the defendant may, upon
24 motion of the State's Attorney, hold sentence in abeyance and
25 remand the defendant to the custody of the Attorney General of
26 the United States or his or her designated agent to be deported
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1 when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under the
4 Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct and
7 would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as provided in
9 this Chapter V.
10 (B) If the defendant has already been sentenced for a
11 felony or misdemeanor offense, or has been placed on probation
12 under Section 10 of the Cannabis Control Act, Section 410 of
13 the Illinois Controlled Substances Act, or Section 70 of the
14 Methamphetamine Control and Community Protection Act, the
15 court may, upon motion of the State's Attorney to suspend the
16 sentence imposed, commit the defendant to the custody of the
17 Attorney General of the United States or his or her designated
18 agent when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under the
21 Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct and
24 would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who
26 are subject to the provisions of paragraph (2) of subsection
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1 (a) of Section 3-6-3.
2 (D) Upon motion of the State's Attorney, if a defendant
3 sentenced under this Section returns to the jurisdiction of
4 the United States, the defendant shall be recommitted to the
5 custody of the county from which he or she was sentenced.
6 Thereafter, the defendant shall be brought before the
7 sentencing court, which may impose any sentence that was
8 available under Section 5-5-3 at the time of initial
9 sentencing. In addition, the defendant shall not be eligible
10 for additional earned sentence credit as provided under
11 Section 3-6-3.
12 (m) A person convicted of criminal defacement of property
13 under Section 21-1.3 of the Criminal Code of 1961 or the
14 Criminal Code of 2012, in which the property damage exceeds
15 $300 and the property damaged is a school building, shall be
16 ordered to perform community service that may include cleanup,
17 removal, or painting over the defacement.
18 (n) The court may sentence a person convicted of a
19 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21 of 1961 or the Criminal Code of 2012 (i) to an impact
22 incarceration program if the person is otherwise eligible for
23 that program under Section 5-8-1.1, (ii) to community service,
24 or (iii) if the person has a substance use disorder, as defined
25 in the Substance Use Disorder Act, to a treatment program
26 licensed under that Act.
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1 (o) Whenever a person is convicted of a sex offense as
2 defined in Section 2 of the Sex Offender Registration Act, the
3 defendant's driver's license or permit shall be subject to
4 renewal on an annual basis in accordance with the provisions
5 of license renewal established by the Secretary of State.
6 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
7 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
8 5-27-22.)
9 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
10 (Text of Section before amendment by P.A. 102-982)
11 Sec. 5-8-4. Concurrent and consecutive terms of
12 imprisonment.
13 (a) Concurrent terms; multiple or additional sentences.
14 When an Illinois court (i) imposes multiple sentences of
15 imprisonment on a defendant at the same time or (ii) imposes a
16 sentence of imprisonment on a defendant who is already subject
17 to a sentence of imprisonment imposed by an Illinois court, a
18 court of another state, or a federal court, then the sentences
19 shall run concurrently unless otherwise determined by the
20 Illinois court under this Section.
21 (b) Concurrent terms; misdemeanor and felony. A defendant
22 serving a sentence for a misdemeanor who is convicted of a
23 felony and sentenced to imprisonment shall be transferred to
24 the Department of Corrections, and the misdemeanor sentence
25 shall be merged in and run concurrently with the felony
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1 sentence.
2 (c) Consecutive terms; permissive. The court may impose
3 consecutive sentences in any of the following circumstances:
4 (1) If, having regard to the nature and circumstances
5 of the offense and the history and character of the
6 defendant, it is the opinion of the court that consecutive
7 sentences are required to protect the public from further
8 criminal conduct by the defendant, the basis for which the
9 court shall set forth in the record.
10 (2) If one of the offenses for which a defendant was
11 convicted was a violation of Section 32-5.2 (aggravated
12 false personation of a peace officer) of the Criminal Code
13 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
14 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
15 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
16 offense was committed in attempting or committing a
17 forcible felony.
18 (3) If a person charged with a felony commits a
19 separate felony while on pretrial release or in pretrial
20 detention in a county jail facility or county detention
21 facility, then the sentences imposed upon conviction of
22 these felonies may be served consecutively regardless of
23 the order in which the judgments of conviction are
24 entered.
25 (4) If a person commits a battery against a county
26 correctional officer or sheriff's employee while serving a
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1 sentence or in pretrial detention in a county jail
2 facility, then the sentence imposed upon conviction of the
3 battery may be served consecutively with the sentence
4 imposed upon conviction of the earlier misdemeanor or
5 felony, regardless of the order in which the judgments of
6 conviction are entered.
7 (5) If a person admitted to pretrial release following
8 conviction of a felony commits a separate felony while
9 released pretrial or if a person detained in a county jail
10 facility or county detention facility following conviction
11 of a felony commits a separate felony while in detention,
12 then any sentence following conviction of the separate
13 felony may be consecutive to that of the original sentence
14 for which the defendant was released pretrial or detained.
15 (6) If a person is found to be in possession of an item
16 of contraband, as defined in Section 31A-0.1 of the
17 Criminal Code of 2012, while serving a sentence in a
18 county jail or while in pretrial detention in a county
19 jail, the sentence imposed upon conviction for the offense
20 of possessing contraband in a penal institution may be
21 served consecutively to the sentence imposed for the
22 offense for which the person is serving a sentence in the
23 county jail or while in pretrial detention, regardless of
24 the order in which the judgments of conviction are
25 entered.
26 (7) If a person is sentenced for a violation of a
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1 condition of pretrial release under Section 32-10 of the
2 Criminal Code of 1961 or the Criminal Code of 2012, any
3 sentence imposed for that violation may be served
4 consecutive to the sentence imposed for the charge for
5 which pretrial release had been granted and with respect
6 to which the defendant has been convicted.
7 (d) Consecutive terms; mandatory. The court shall impose
8 consecutive sentences in each of the following circumstances:
9 (1) One of the offenses for which the defendant was
10 convicted was first degree murder or a Class X or Class 1
11 felony and the defendant inflicted severe bodily injury.
12 (2) The defendant was convicted of a violation of
13 Section 11-1.20 or 12-13 (criminal sexual assault),
14 11-1.30 or 12-14 (aggravated criminal sexual assault), or
15 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
16 child) of the Criminal Code of 1961 or the Criminal Code of
17 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
18 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
19 5/12-14.1).
20 (2.5) The defendant was convicted of a violation of
21 paragraph (1), (2), (3), (4), (5), or (7) of subsection
22 (a) of Section 11-20.1 (child pornography) or of paragraph
23 (1), (2), (3), (4), (5), or (7) of subsection (a) of
24 Section 11-20.1B or 11-20.3 (aggravated child pornography)
25 of the Criminal Code of 1961 or the Criminal Code of 2012;
26 or the defendant was convicted of a violation of paragraph
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1 (6) of subsection (a) of Section 11-20.1 (child
2 pornography) or of paragraph (6) of subsection (a) of
3 Section 11-20.1B or 11-20.3 (aggravated child pornography)
4 of the Criminal Code of 1961 or the Criminal Code of 2012,
5 when the child depicted is under the age of 13.
6 (3) The defendant was convicted of armed violence
7 based upon the predicate offense of any of the following:
8 solicitation of murder, solicitation of murder for hire,
9 heinous battery as described in Section 12-4.1 or
10 subdivision (a)(2) of Section 12-3.05, aggravated battery
11 of a senior citizen as described in Section 12-4.6 or
12 subdivision (a)(4) of Section 12-3.05, criminal sexual
13 assault, a violation of subsection (g) of Section 5 of the
14 Cannabis Control Act (720 ILCS 550/5), cannabis
15 trafficking, a violation of subsection (a) of Section 401
16 of the Illinois Controlled Substances Act (720 ILCS
17 570/401), controlled substance trafficking involving a
18 Class X felony amount of controlled substance under
19 Section 401 of the Illinois Controlled Substances Act (720
20 ILCS 570/401), a violation of the Methamphetamine Control
21 and Community Protection Act (720 ILCS 646/), calculated
22 criminal drug conspiracy, or streetgang criminal drug
23 conspiracy.
24 (4) The defendant was convicted of the offense of
25 leaving the scene of a motor vehicle accident involving
26 death or personal injuries under Section 11-401 of the
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1 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
2 aggravated driving under the influence of alcohol, other
3 drug or drugs, or intoxicating compound or compounds, or
4 any combination thereof under Section 11-501 of the
5 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
6 homicide under Section 9-3 of the Criminal Code of 1961 or
7 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
8 offense described in item (A) and an offense described in
9 item (B).
10 (5) The defendant was convicted of a violation of
11 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
12 death) or Section 12-20.5 (dismembering a human body) of
13 the Criminal Code of 1961 or the Criminal Code of 2012 (720
14 ILCS 5/9-3.1 or 5/12-20.5).
15 (5.5) The defendant was convicted of a violation of
16 Section 24-3.7 (use of a stolen firearm in the commission
17 of an offense) of the Criminal Code of 1961 or the Criminal
18 Code of 2012.
19 (6) If the defendant was in the custody of the
20 Department of Corrections at the time of the commission of
21 the offense, the sentence shall be served consecutive to
22 the sentence under which the defendant is held by the
23 Department of Corrections.
24 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
25 for escape or attempted escape shall be served consecutive
26 to the terms under which the offender is held by the
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1 Department of Corrections.
2 (8) (Blank).
3 (8.5) (Blank).
4 (9) (Blank).
5 (10) (Blank).
6 (11) (Blank).
7 (e) Consecutive terms; subsequent non-Illinois term. If an
8 Illinois court has imposed a sentence of imprisonment on a
9 defendant and the defendant is subsequently sentenced to a
10 term of imprisonment by a court of another state or a federal
11 court, then the Illinois sentence shall run consecutively to
12 the sentence imposed by the court of the other state or the
13 federal court. That same Illinois court, however, may order
14 that the Illinois sentence run concurrently with the sentence
15 imposed by the court of the other state or the federal court,
16 but only if the defendant applies to that same Illinois court
17 within 30 days after the sentence imposed by the court of the
18 other state or the federal court is finalized.
19 (f) Consecutive terms; aggregate maximums and minimums.
20 The aggregate maximum and aggregate minimum of consecutive
21 sentences shall be determined as follows:
22 (1) For sentences imposed under law in effect prior to
23 February 1, 1978, the aggregate maximum of consecutive
24 sentences shall not exceed the maximum term authorized
25 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
26 Chapter V for the 2 most serious felonies involved. The
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1 aggregate minimum period of consecutive sentences shall
2 not exceed the highest minimum term authorized under
3 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
4 V for the 2 most serious felonies involved. When sentenced
5 only for misdemeanors, a defendant shall not be
6 consecutively sentenced to more than the maximum for one
7 Class A misdemeanor.
8 (2) For sentences imposed under the law in effect on
9 or after February 1, 1978, the aggregate of consecutive
10 sentences for offenses that were committed as part of a
11 single course of conduct during which there was no
12 substantial change in the nature of the criminal objective
13 shall not exceed the sum of the maximum terms authorized
14 under Article 4.5 of Chapter V for the 2 most serious
15 felonies involved, but no such limitation shall apply for
16 offenses that were not committed as part of a single
17 course of conduct during which there was no substantial
18 change in the nature of the criminal objective. When
19 sentenced only for misdemeanors, a defendant shall not be
20 consecutively sentenced to more than the maximum for one
21 Class A misdemeanor.
22 (g) Consecutive terms; manner served. In determining the
23 manner in which consecutive sentences of imprisonment, one or
24 more of which is for a felony, will be served, the Department
25 of Corrections shall treat the defendant as though he or she
26 had been committed for a single term subject to each of the
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1 following:
2 (1) The maximum period of a term of imprisonment shall
3 consist of the aggregate of the maximums of the imposed
4 indeterminate terms, if any, plus the aggregate of the
5 imposed determinate sentences for felonies, plus the
6 aggregate of the imposed determinate sentences for
7 misdemeanors, subject to subsection (f) of this Section.
8 (2) The parole or mandatory supervised release term
9 shall be as provided in paragraph (e) of Section 5-4.5-50
10 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
11 involved.
12 (3) The minimum period of imprisonment shall be the
13 aggregate of the minimum and determinate periods of
14 imprisonment imposed by the court, subject to subsection
15 (f) of this Section.
16 (4) The defendant shall be awarded credit against the
17 aggregate maximum term and the aggregate minimum term of
18 imprisonment for all time served in an institution since
19 the commission of the offense or offenses and as a
20 consequence thereof at the rate specified in Section 3-6-3
21 (730 ILCS 5/3-6-3).
22 (h) Notwithstanding any other provisions of this Section,
23 all sentences imposed by an Illinois court under this Code
24 shall run concurrent to any and all sentences imposed under
25 the Juvenile Court Act of 1987.
26 (Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
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1 (Text of Section after amendment by P.A. 102-982)
2 Sec. 5-8-4. Concurrent and consecutive terms of
3 imprisonment.
4 (a) Concurrent terms; multiple or additional sentences.
5 When an Illinois court (i) imposes multiple sentences of
6 imprisonment on a defendant at the same time or (ii) imposes a
7 sentence of imprisonment on a defendant who is already subject
8 to a sentence of imprisonment imposed by an Illinois court, a
9 court of another state, or a federal court, then the sentences
10 shall run concurrently unless otherwise determined by the
11 Illinois court under this Section.
12 (b) Concurrent terms; misdemeanor and felony. A defendant
13 serving a sentence for a misdemeanor who is convicted of a
14 felony and sentenced to imprisonment shall be transferred to
15 the Department of Corrections, and the misdemeanor sentence
16 shall be merged in and run concurrently with the felony
17 sentence.
18 (c) Consecutive terms; permissive. The court may impose
19 consecutive sentences in any of the following circumstances:
20 (1) If, having regard to the nature and circumstances
21 of the offense and the history and character of the
22 defendant, it is the opinion of the court that consecutive
23 sentences are required to protect the public from further
24 criminal conduct by the defendant, the basis for which the
25 court shall set forth in the record.
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1 (2) If one of the offenses for which a defendant was
2 convicted was a violation of Section 32-5.2 (aggravated
3 false personation of a peace officer) of the Criminal Code
4 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
5 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
6 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
7 offense was committed in attempting or committing a
8 forcible felony.
9 (3) If a person charged with a felony commits a
10 separate felony while on pretrial release or in pretrial
11 detention in a county jail facility or county detention
12 facility, then the sentences imposed upon conviction of
13 these felonies may be served consecutively regardless of
14 the order in which the judgments of conviction are
15 entered.
16 (4) If a person commits a battery against a county
17 correctional officer or sheriff's employee while serving a
18 sentence or in pretrial detention in a county jail
19 facility, then the sentence imposed upon conviction of the
20 battery may be served consecutively with the sentence
21 imposed upon conviction of the earlier misdemeanor or
22 felony, regardless of the order in which the judgments of
23 conviction are entered.
24 (5) If a person admitted to pretrial release following
25 conviction of a felony commits a separate felony while
26 released pretrial or if a person detained in a county jail
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1 facility or county detention facility following conviction
2 of a felony commits a separate felony while in detention,
3 then any sentence following conviction of the separate
4 felony may be consecutive to that of the original sentence
5 for which the defendant was released pretrial or detained.
6 (6) If a person is found to be in possession of an item
7 of contraband, as defined in Section 31A-0.1 of the
8 Criminal Code of 2012, while serving a sentence in a
9 county jail or while in pretrial detention in a county
10 jail, the sentence imposed upon conviction for the offense
11 of possessing contraband in a penal institution may be
12 served consecutively to the sentence imposed for the
13 offense for which the person is serving a sentence in the
14 county jail or while in pretrial detention, regardless of
15 the order in which the judgments of conviction are
16 entered.
17 (7) If a person is sentenced for a violation of a
18 condition of pretrial release under Section 32-10 of the
19 Criminal Code of 1961 or the Criminal Code of 2012, any
20 sentence imposed for that violation may be served
21 consecutive to the sentence imposed for the charge for
22 which pretrial release had been granted and with respect
23 to which the defendant has been convicted.
24 (d) Consecutive terms; mandatory. The court shall impose
25 consecutive sentences in each of the following circumstances:
26 (1) One of the offenses for which the defendant was
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1 convicted was first degree murder or a Class X or Class 1
2 felony and the defendant inflicted severe bodily injury.
3 (2) The defendant was convicted of a violation of
4 Section 11-1.20 or 12-13 (criminal sexual assault),
5 11-1.30 or 12-14 (aggravated criminal sexual assault), or
6 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
7 child) of the Criminal Code of 1961 or the Criminal Code of
8 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
9 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
10 5/12-14.1).
11 (2.5) The defendant was convicted of a violation of
12 paragraph (1), (2), (3), (4), (5), or (7) of subsection
13 (a) of Section 11-20.1 (child pornography) or of paragraph
14 (1), (2), (3), (4), (5), or (7) of subsection (a) of
15 Section 11-20.1B or 11-20.3 (aggravated child pornography)
16 of the Criminal Code of 1961 or the Criminal Code of 2012;
17 or the defendant was convicted of a violation of paragraph
18 (6) of subsection (a) of Section 11-20.1 (child
19 pornography) or of paragraph (6) of subsection (a) of
20 Section 11-20.1B or 11-20.3 (aggravated child pornography)
21 of the Criminal Code of 1961 or the Criminal Code of 2012,
22 when the child depicted is under the age of 13.
23 (3) The defendant was convicted of armed violence
24 based upon the predicate offense of any of the following:
25 solicitation of murder, solicitation of murder for hire,
26 heinous battery as described in Section 12-4.1 or
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1 subdivision (a)(2) of Section 12-3.05, aggravated battery
2 of a senior citizen as described in Section 12-4.6 or
3 subdivision (a)(4) of Section 12-3.05, criminal sexual
4 assault, a violation of subsection (g) of Section 5 of the
5 Cannabis Control Act (720 ILCS 550/5), cannabis
6 trafficking, a violation of subsection (a) of Section 401
7 of the Illinois Controlled Substances Act (720 ILCS
8 570/401), controlled substance trafficking involving a
9 Class X felony amount of controlled substance under
10 Section 401 of the Illinois Controlled Substances Act (720
11 ILCS 570/401), a violation of the Methamphetamine Control
12 and Community Protection Act (720 ILCS 646/), calculated
13 criminal drug conspiracy, or streetgang criminal drug
14 conspiracy.
15 (4) The defendant was convicted of the offense of
16 leaving the scene of a motor vehicle crash involving death
17 or personal injuries under Section 11-401 of the Illinois
18 Vehicle Code (625 ILCS 5/11-401) and either: (A)
19 aggravated driving under the influence of alcohol, other
20 drug or drugs, or intoxicating compound or compounds, or
21 any combination thereof under Section 11-501 of the
22 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
23 homicide under Section 9-3 of the Criminal Code of 1961 or
24 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
25 offense described in item (A) and an offense described in
26 item (B).
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1 (5) The defendant was convicted of a violation of
2 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
3 death) or Section 12-20.5 (dismembering a human body) of
4 the Criminal Code of 1961 or the Criminal Code of 2012 (720
5 ILCS 5/9-3.1 or 5/12-20.5).
6 (5.5) The defendant was convicted of a violation of
7 Section 24-3.7 (use of a stolen or illegally acquired
8 firearm in the commission of an offense) of the Criminal
9 Code of 1961 or the Criminal Code of 2012.
10 (6) If the defendant was in the custody of the
11 Department of Corrections at the time of the commission of
12 the offense, the sentence shall be served consecutive to
13 the sentence under which the defendant is held by the
14 Department of Corrections.
15 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
16 for escape or attempted escape shall be served consecutive
17 to the terms under which the offender is held by the
18 Department of Corrections.
19 (8) (Blank).
20 (8.5) (Blank).
21 (9) (Blank).
22 (10) (Blank).
23 (11) (Blank).
24 (e) Consecutive terms; subsequent non-Illinois term. If an
25 Illinois court has imposed a sentence of imprisonment on a
26 defendant and the defendant is subsequently sentenced to a
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1 term of imprisonment by a court of another state or a federal
2 court, then the Illinois sentence shall run consecutively to
3 the sentence imposed by the court of the other state or the
4 federal court. That same Illinois court, however, may order
5 that the Illinois sentence run concurrently with the sentence
6 imposed by the court of the other state or the federal court,
7 but only if the defendant applies to that same Illinois court
8 within 30 days after the sentence imposed by the court of the
9 other state or the federal court is finalized.
10 (f) Consecutive terms; aggregate maximums and minimums.
11 The aggregate maximum and aggregate minimum of consecutive
12 sentences shall be determined as follows:
13 (1) For sentences imposed under law in effect prior to
14 February 1, 1978, the aggregate maximum of consecutive
15 sentences shall not exceed the maximum term authorized
16 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
17 Chapter V for the 2 most serious felonies involved. The
18 aggregate minimum period of consecutive sentences shall
19 not exceed the highest minimum term authorized under
20 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
21 V for the 2 most serious felonies involved. When sentenced
22 only for misdemeanors, a defendant shall not be
23 consecutively sentenced to more than the maximum for one
24 Class A misdemeanor.
25 (2) For sentences imposed under the law in effect on
26 or after February 1, 1978, the aggregate of consecutive
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1 sentences for offenses that were committed as part of a
2 single course of conduct during which there was no
3 substantial change in the nature of the criminal objective
4 shall not exceed the sum of the maximum terms authorized
5 under Article 4.5 of Chapter V for the 2 most serious
6 felonies involved, but no such limitation shall apply for
7 offenses that were not committed as part of a single
8 course of conduct during which there was no substantial
9 change in the nature of the criminal objective. When
10 sentenced only for misdemeanors, a defendant shall not be
11 consecutively sentenced to more than the maximum for one
12 Class A misdemeanor.
13 (g) Consecutive terms; manner served. In determining the
14 manner in which consecutive sentences of imprisonment, one or
15 more of which is for a felony, will be served, the Department
16 of Corrections shall treat the defendant as though he or she
17 had been committed for a single term subject to each of the
18 following:
19 (1) The maximum period of a term of imprisonment shall
20 consist of the aggregate of the maximums of the imposed
21 indeterminate terms, if any, plus the aggregate of the
22 imposed determinate sentences for felonies, plus the
23 aggregate of the imposed determinate sentences for
24 misdemeanors, subject to subsection (f) of this Section.
25 (2) The parole or mandatory supervised release term
26 shall be as provided in paragraph (e) of Section 5-4.5-50
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1 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
2 involved.
3 (3) The minimum period of imprisonment shall be the
4 aggregate of the minimum and determinate periods of
5 imprisonment imposed by the court, subject to subsection
6 (f) of this Section.
7 (4) The defendant shall be awarded credit against the
8 aggregate maximum term and the aggregate minimum term of
9 imprisonment for all time served in an institution since
10 the commission of the offense or offenses and as a
11 consequence thereof at the rate specified in Section 3-6-3
12 (730 ILCS 5/3-6-3).
13 (h) Notwithstanding any other provisions of this Section,
14 all sentences imposed by an Illinois court under this Code
15 shall run concurrent to any and all sentences imposed under
16 the Juvenile Court Act of 1987.
17 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
18 102-1104, eff. 12-6-22.)
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