Illinois 2025-2026 Regular Session

Illinois House Bill HB1037 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1037 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. LRB104 03252 RLC 13274 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1037 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3 Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. LRB104 03252 RLC 13274 b LRB104 03252 RLC 13274 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1037 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
4	4	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
5	5	720 ILCS 5/24-3 from Ch. 38, par. 24-3
6	6	730 ILCS 5/5-4.5-95
7	7	730 ILCS 5/5-5-3
8	8	Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
9	9	LRB104 03252 RLC 13274 b LRB104 03252 RLC 13274 b
10	10	LRB104 03252 RLC 13274 b
11	11	A BILL FOR
12	12	HB1037LRB104 03252 RLC 13274 b HB1037 LRB104 03252 RLC 13274 b
13	13	HB1037 LRB104 03252 RLC 13274 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Criminal Code of 2012 is amended by
18	18	5 changing Sections 24-1.1 and 24-3 as follows:
19	19	6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
20	20	7 (Text of Section before amendment by P.A. 103-822)
21	21	8 Sec. 24-1.1. Unlawful use or possession of weapons by
22	22	9 felons or persons in the custody of the Department of
23	23	10 Corrections facilities.
24	24	11 (a) It is unlawful for a person to knowingly possess on or
25	25	12 about his person or on his land or in his own abode or fixed
26	26	13 place of business any weapon prohibited under Section 24-1 of
27	27	14 this Act or any firearm or any firearm ammunition if the person
28	28	15 has been convicted of a felony under the laws of this State or
29	29	16 any other jurisdiction. This Section shall not apply if the
30	30	17 person has been granted relief by the Director of the Illinois
31	31	18 State Police under Section 10 of the Firearm Owners
32	32	19 Identification Card Act.
33	33	20 (b) It is unlawful for any person confined in a penal
34	34	21 institution, which is a facility of the Illinois Department of
35	35	22 Corrections, to possess any weapon prohibited under Section
36	36	23 24-1 of this Code or any firearm or firearm ammunition,
37	37
38	38
39	39
40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1037 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
41	41	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1720 ILCS 5/24-3 from Ch. 38, par. 24-3730 ILCS 5/5-4.5-95730 ILCS 5/5-5-3 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 720 ILCS 5/24-3 from Ch. 38, par. 24-3 730 ILCS 5/5-4.5-95 730 ILCS 5/5-5-3
42	42	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
43	43	720 ILCS 5/24-3 from Ch. 38, par. 24-3
44	44	730 ILCS 5/5-4.5-95
45	45	730 ILCS 5/5-5-3
46	46	Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
47	47	LRB104 03252 RLC 13274 b LRB104 03252 RLC 13274 b
48	48	LRB104 03252 RLC 13274 b
49	49	A BILL FOR
50	50
51	51
52	52
53	53
54	54
55	55	720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
56	56	720 ILCS 5/24-3 from Ch. 38, par. 24-3
57	57	730 ILCS 5/5-4.5-95
58	58	730 ILCS 5/5-5-3
59	59
60	60
61	61
62	62	LRB104 03252 RLC 13274 b
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72	HB1037 LRB104 03252 RLC 13274 b
73	73
74	74
75	75	HB1037- 2 -LRB104 03252 RLC 13274 b HB1037 - 2 - LRB104 03252 RLC 13274 b
76	76	HB1037 - 2 - LRB104 03252 RLC 13274 b
77	77	1 regardless of the intent with which he possesses it.
78	78	2 (c) It shall be an affirmative defense to a violation of
79	79	3 subsection (b), that such possession was specifically
80	80	4 authorized by rule, regulation, or directive of the Illinois
81	81	5 Department of Corrections or order issued pursuant thereto.
82	82	6 (d) The defense of necessity is not available to a person
83	83	7 who is charged with a violation of subsection (b) of this
84	84	8 Section.
85	85	9 (e) Sentence. Violation of this Section by a person not
86	86	10 confined in a penal institution shall be a Class 3 felony for
87	87	11 which the person shall be sentenced to no less than 2 years and
88	88	12 no more than 10 years. A second or subsequent violation of this
89	89	13 Section shall be a Class 2 felony for which the person shall be
90	90	14 sentenced to a term of imprisonment of not less than 3 years
91	91	15 and not more than 14 years, except as provided for in Section
92	92	16 5-4.5-110 of the Unified Code of Corrections. Violation of
93	93	17 this Section by a person not confined in a penal institution
94	94	18 who has been convicted of a forcible felony, a felony
95	95	19 violation of Article 24 of this Code or of the Firearm Owners
96	96	20 Identification Card Act, stalking or aggravated stalking, or a
97	97	21 Class 2 or greater felony under the Illinois Controlled
98	98	22 Substances Act, the Cannabis Control Act, or the
99	99	23 Methamphetamine Control and Community Protection Act is a
100	100	24 Class 2 felony for which the person shall be sentenced to not
101	101	25 less than 3 years and not more than 14 years, except as
102	102	26 provided for in Section 5-4.5-110 of the Unified Code of
103	103
104	104
105	105
106	106
107	107
108	108	HB1037 - 2 - LRB104 03252 RLC 13274 b
109	109
110	110
111	111	HB1037- 3 -LRB104 03252 RLC 13274 b HB1037 - 3 - LRB104 03252 RLC 13274 b
112	112	HB1037 - 3 - LRB104 03252 RLC 13274 b
113	113	1 Corrections. Violation of this Section by a person who is on
114	114	2 parole or mandatory supervised release is a Class 2 felony for
115	115	3 which the person shall be sentenced to not less than 3 years
116	116	4 and not more than 14 years, except as provided for in Section
117	117	5 5-4.5-110 of the Unified Code of Corrections. Violation of
118	118	6 this Section by a person not confined in a penal institution is
119	119	7 a Class X felony when the firearm possessed is a machine gun.
120	120	8 Any person who violates this Section while confined in a penal
121	121	9 institution, which is a facility of the Illinois Department of
122	122	10 Corrections, is guilty of a Class 1 felony, if he possesses any
123	123	11 weapon prohibited under Section 24-1 of this Code regardless
124	124	12 of the intent with which he possesses it, a Class X felony if
125	125	13 he possesses any firearm, firearm ammunition or explosive, and
126	126	14 a Class X felony for which the offender shall be sentenced to
127	127	15 not less than 12 years and not more than 50 years when the
128	128	16 firearm possessed is a machine gun. A violation of this
129	129	17 Section while wearing or in possession of body armor as
130	130	18 defined in Section 33F-1 is a Class X felony punishable by a
131	131	19 term of imprisonment of not less than 10 years and not more
132	132	20 than 40 years. The possession of each firearm or firearm
133	133	21 ammunition in violation of this Section constitutes a single
134	134	22 and separate violation.
135	135	23 (Source: P.A. 102-538, eff. 8-20-21.)
136	136	24 (Text of Section after amendment by P.A. 103-822)
137	137	25 Sec. 24-1.1. Unlawful possession of weapons by felons or
138	138
139	139
140	140
141	141
142	142
143	143	HB1037 - 3 - LRB104 03252 RLC 13274 b
144	144
145	145
146	146	HB1037- 4 -LRB104 03252 RLC 13274 b HB1037 - 4 - LRB104 03252 RLC 13274 b
147	147	HB1037 - 4 - LRB104 03252 RLC 13274 b
148	148	1 persons in the custody of the Department of Corrections
149	149	2 facilities.
150	150	3 (a) It is unlawful for a person to knowingly possess on or
151	151	4 about his person or on his land or in his own abode or fixed
152	152	5 place of business any weapon prohibited under Section 24-1 of
153	153	6 this Act or any firearm or any firearm ammunition if the person
154	154	7 has been convicted of a felony under the laws of this State or
155	155	8 any other jurisdiction. This Section shall not apply if the
156	156	9 person has been granted relief by the Director of the Illinois
157	157	10 State Police under Section 10 of the Firearm Owners
158	158	11 Identification Card Act.
159	159	12 (b) It is unlawful for any person confined in a penal
160	160	13 institution, which is a facility of the Illinois Department of
161	161	14 Corrections, to possess any weapon prohibited under Section
162	162	15 24-1 of this Code or any firearm or firearm ammunition,
163	163	16 regardless of the intent with which he possesses it.
164	164	17 (c) It shall be an affirmative defense to a violation of
165	165	18 subsection (b), that such possession was specifically
166	166	19 authorized by rule, regulation, or directive of the Illinois
167	167	20 Department of Corrections or order issued pursuant thereto.
168	168	21 (d) The defense of necessity is not available to a person
169	169	22 who is charged with a violation of subsection (b) of this
170	170	23 Section.
171	171	24 (e) Sentence. Violation of this Section by a person not
172	172	25 confined in a penal institution shall be a Class 1 3 felony for
173	173	26 which the person shall be sentenced to no less than 4 2 years
174	174
175	175
176	176
177	177
178	178
179	179	HB1037 - 4 - LRB104 03252 RLC 13274 b
180	180
181	181
182	182	HB1037- 5 -LRB104 03252 RLC 13274 b HB1037 - 5 - LRB104 03252 RLC 13274 b
183	183	HB1037 - 5 - LRB104 03252 RLC 13274 b
184	184	1 and no more than 15 10 years. A second or subsequent violation
185	185	2 of this Section shall be a Class X 2 felony for which the
186	186	3 person shall be sentenced to a term of imprisonment of not less
187	187	4 than 6 3 years and not more than 30 14 years, except as
188	188	5 provided for in Section 5-4.5-110 of the Unified Code of
189	189	6 Corrections. Violation of this Section by a person not
190	190	7 confined in a penal institution who has been convicted of a
191	191	8 forcible felony, a felony violation of Article 24 of this Code
192	192	9 or of the Firearm Owners Identification Card Act, stalking or
193	193	10 aggravated stalking, or a Class 2 or greater felony under the
194	194	11 Illinois Controlled Substances Act, the Cannabis Control Act,
195	195	12 or the Methamphetamine Control and Community Protection Act is
196	196	13 a Class X 2 felony for which the person shall be sentenced to
197	197	14 not less than 6 3 years and not more than 30 14 years, except
198	198	15 as provided for in Section 5-4.5-110 of the Unified Code of
199	199	16 Corrections. Violation of this Section by a person who is on
200	200	17 parole or mandatory supervised release is a Class X 2 felony
201	201	18 for which the person shall be sentenced to not less than 6 3
202	202	19 years and not more than 30 14 years, except as provided for in
203	203	20 Section 5-4.5-110 of the Unified Code of Corrections.
204	204	21 Violation of this Section by a person not confined in a penal
205	205	22 institution is a Class X felony when the firearm possessed is a
206	206	23 machine gun for which the person shall be sentenced to no less
207	207	24 than 10 years and no more than 60 years. Any person who
208	208	25 violates this Section while confined in a penal institution,
209	209	26 which is a facility of the Illinois Department of Corrections,
210	210
211	211
212	212
213	213
214	214
215	215	HB1037 - 5 - LRB104 03252 RLC 13274 b
216	216
217	217
218	218	HB1037- 6 -LRB104 03252 RLC 13274 b HB1037 - 6 - LRB104 03252 RLC 13274 b
219	219	HB1037 - 6 - LRB104 03252 RLC 13274 b
220	220	1 is guilty of a Class 1 felony, if he possesses any weapon
221	221	2 prohibited under Section 24-1 of this Code regardless of the
222	222	3 intent with which he possesses it, a Class X felony if he
223	223	4 possesses any firearm, firearm ammunition or explosive, and a
224	224	5 Class X felony for which the offender shall be sentenced to not
225	225	6 less than 12 years and not more than 50 years when the firearm
226	226	7 possessed is a machine gun. A violation of this Section while
227	227	8 wearing or in possession of body armor as defined in Section
228	228	9 33F-1 is a Class X felony punishable by a term of imprisonment
229	229	10 of not less than 10 years and not more than 60 40 years. The
230	230	11 possession of each firearm or firearm ammunition in violation
231	231	12 of this Section constitutes a single and separate violation.
232	232	13 (Source: P.A. 102-538, eff. 8-20-21; 103-822, eff. 1-1-25.)
233	233	14 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
234	234	15 Sec. 24-3. Unlawful sale or delivery of firearms.
235	235	16 (A) A person commits the offense of unlawful sale or
236	236	17 delivery of firearms when he or she knowingly does any of the
237	237	18 following:
238	238	19 (a) Sells or gives any firearm of a size which may be
239	239	20 concealed upon the person to any person under 18 years of
240	240	21 age.
241	241	22 (b) Sells or gives any firearm to a person under 21
242	242	23 years of age who has been convicted of a misdemeanor other
243	243	24 than a traffic offense or adjudged delinquent.
244	244	25 (c) Sells or gives any firearm to any narcotic addict.
245	245
246	246
247	247
248	248
249	249
250	250	HB1037 - 6 - LRB104 03252 RLC 13274 b
251	251
252	252
253	253	HB1037- 7 -LRB104 03252 RLC 13274 b HB1037 - 7 - LRB104 03252 RLC 13274 b
254	254	HB1037 - 7 - LRB104 03252 RLC 13274 b
255	255	1 (d) Sells or gives any firearm to any person who has
256	256	2 been convicted of a felony under the laws of this or any
257	257	3 other jurisdiction.
258	258	4 (e) Sells or gives any firearm to any person who has
259	259	5 been a patient in a mental institution within the past 5
260	260	6 years. In this subsection (e):
261	261	7 "Mental institution" means any hospital,
262	262	8 institution, clinic, evaluation facility, mental
263	263	9 health center, or part thereof, which is used
264	264	10 primarily for the care or treatment of persons with
265	265	11 mental illness.
266	266	12 "Patient in a mental institution" means the person
267	267	13 was admitted, either voluntarily or involuntarily, to
268	268	14 a mental institution for mental health treatment,
269	269	15 unless the treatment was voluntary and solely for an
270	270	16 alcohol abuse disorder and no other secondary
271	271	17 substance abuse disorder or mental illness.
272	272	18 (f) Sells or gives any firearms to any person who is a
273	273	19 person with an intellectual disability.
274	274	20 (g) Delivers any firearm, incidental to a sale,
275	275	21 without withholding delivery of the firearm for at least
276	276	22 72 hours after application for its purchase has been made,
277	277	23 or delivers a stun gun or taser, incidental to a sale,
278	278	24 without withholding delivery of the stun gun or taser for
279	279	25 at least 24 hours after application for its purchase has
280	280	26 been made. However, this paragraph (g) does not apply to:
281	281
282	282
283	283
284	284
285	285
286	286	HB1037 - 7 - LRB104 03252 RLC 13274 b
287	287
288	288
289	289	HB1037- 8 -LRB104 03252 RLC 13274 b HB1037 - 8 - LRB104 03252 RLC 13274 b
290	290	HB1037 - 8 - LRB104 03252 RLC 13274 b
291	291	1 (1) the sale of a firearm to a law enforcement officer if
292	292	2 the seller of the firearm knows that the person to whom he
293	293	3 or she is selling the firearm is a law enforcement officer
294	294	4 or the sale of a firearm to a person who desires to
295	295	5 purchase a firearm for use in promoting the public
296	296	6 interest incident to his or her employment as a bank
297	297	7 guard, armed truck guard, or other similar employment; (2)
298	298	8 a mail order sale of a firearm from a federally licensed
299	299	9 firearms dealer to a nonresident of Illinois under which
300	300	10 the firearm is mailed to a federally licensed firearms
301	301	11 dealer outside the boundaries of Illinois; (3) (blank);
302	302	12 (4) the sale of a firearm to a dealer licensed as a federal
303	303	13 firearms dealer under Section 923 of the federal Gun
304	304	14 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
305	305	15 sale of any rifle, shotgun, or other long gun to a resident
306	306	16 registered competitor or attendee or non-resident
307	307	17 registered competitor or attendee by any dealer licensed
308	308	18 as a federal firearms dealer under Section 923 of the
309	309	19 federal Gun Control Act of 1968 at competitive shooting
310	310	20 events held at the World Shooting Complex sanctioned by a
311	311	21 national governing body. For purposes of transfers or
312	312	22 sales under subparagraph (5) of this paragraph (g), the
313	313	23 Department of Natural Resources shall give notice to the
314	314	24 Illinois State Police at least 30 calendar days prior to
315	315	25 any competitive shooting events at the World Shooting
316	316	26 Complex sanctioned by a national governing body. The
317	317
318	318
319	319
320	320
321	321
322	322	HB1037 - 8 - LRB104 03252 RLC 13274 b
323	323
324	324
325	325	HB1037- 9 -LRB104 03252 RLC 13274 b HB1037 - 9 - LRB104 03252 RLC 13274 b
326	326	HB1037 - 9 - LRB104 03252 RLC 13274 b
327	327	1 notification shall be made on a form prescribed by the
328	328	2 Illinois State Police. The sanctioning body shall provide
329	329	3 a list of all registered competitors and attendees at
330	330	4 least 24 hours before the events to the Illinois State
331	331	5 Police. Any changes to the list of registered competitors
332	332	6 and attendees shall be forwarded to the Illinois State
333	333	7 Police as soon as practicable. The Illinois State Police
334	334	8 must destroy the list of registered competitors and
335	335	9 attendees no later than 30 days after the date of the
336	336	10 event. Nothing in this paragraph (g) relieves a federally
337	337	11 licensed firearm dealer from the requirements of
338	338	12 conducting a NICS background check through the Illinois
339	339	13 Point of Contact under 18 U.S.C. 922(t). For purposes of
340	340	14 this paragraph (g), "application" means when the buyer and
341	341	15 seller reach an agreement to purchase a firearm. For
342	342	16 purposes of this paragraph (g), "national governing body"
343	343	17 means a group of persons who adopt rules and formulate
344	344	18 policy on behalf of a national firearm sporting
345	345	19 organization.
346	346	20 (h) While holding any license as a dealer, importer,
347	347	21 manufacturer or pawnbroker under the federal Gun Control
348	348	22 Act of 1968, manufactures, sells or delivers to any
349	349	23 unlicensed person a handgun having a barrel, slide, frame
350	350	24 or receiver which is a die casting of zinc alloy or any
351	351	25 other nonhomogeneous metal which will melt or deform at a
352	352	26 temperature of less than 800 degrees Fahrenheit. For
353	353
354	354
355	355
356	356
357	357
358	358	HB1037 - 9 - LRB104 03252 RLC 13274 b
359	359
360	360
361	361	HB1037- 10 -LRB104 03252 RLC 13274 b HB1037 - 10 - LRB104 03252 RLC 13274 b
362	362	HB1037 - 10 - LRB104 03252 RLC 13274 b
363	363	1 purposes of this paragraph, (1) "firearm" is defined as in
364	364	2 the Firearm Owners Identification Card Act; and (2)
365	365	3 "handgun" is defined as a firearm designed to be held and
366	366	4 fired by the use of a single hand, and includes a
367	367	5 combination of parts from which such a firearm can be
368	368	6 assembled.
369	369	7 (i) Sells or gives a firearm of any size to any person
370	370	8 under 18 years of age who does not possess a valid Firearm
371	371	9 Owner's Identification Card.
372	372	10 (j) Sells or gives a firearm while engaged in the
373	373	11 business of selling firearms at wholesale or retail
374	374	12 without being licensed as a federal firearms dealer under
375	375	13 Section 923 of the federal Gun Control Act of 1968 (18
376	376	14 U.S.C. 923). In this paragraph (j):
377	377	15 A person "engaged in the business" means a person who
378	378	16 devotes time, attention, and labor to engaging in the
379	379	17 activity as a regular course of trade or business with the
380	380	18 principal objective of livelihood and profit, but does not
381	381	19 include a person who makes occasional repairs of firearms
382	382	20 or who occasionally fits special barrels, stocks, or
383	383	21 trigger mechanisms to firearms.
384	384	22 "With the principal objective of livelihood and
385	385	23 profit" means that the intent underlying the sale or
386	386	24 disposition of firearms is predominantly one of obtaining
387	387	25 livelihood and pecuniary gain, as opposed to other
388	388	26 intents, such as improving or liquidating a personal
389	389
390	390
391	391
392	392
393	393
394	394	HB1037 - 10 - LRB104 03252 RLC 13274 b
395	395
396	396
397	397	HB1037- 11 -LRB104 03252 RLC 13274 b HB1037 - 11 - LRB104 03252 RLC 13274 b
398	398	HB1037 - 11 - LRB104 03252 RLC 13274 b
399	399	1 firearms collection; however, proof of profit shall not be
400	400	2 required as to a person who engages in the regular and
401	401	3 repetitive purchase and disposition of firearms for
402	402	4 criminal purposes or terrorism.
403	403	5 (k) Sells or transfers ownership of a firearm to a
404	404	6 person who does not display to the seller or transferor of
405	405	7 the firearm either: (1) a currently valid Firearm Owner's
406	406	8 Identification Card that has previously been issued in the
407	407	9 transferee's name by the Illinois State Police under the
408	408	10 provisions of the Firearm Owners Identification Card Act;
409	409	11 or (2) a currently valid license to carry a concealed
410	410	12 firearm that has previously been issued in the
411	411	13 transferee's name by the Illinois State Police under the
412	412	14 Firearm Concealed Carry Act. This paragraph (k) does not
413	413	15 apply to the transfer of a firearm to a person who is
414	414	16 exempt from the requirement of possessing a Firearm
415	415	17 Owner's Identification Card under Section 2 of the Firearm
416	416	18 Owners Identification Card Act. For the purposes of this
417	417	19 Section, a currently valid Firearm Owner's Identification
418	418	20 Card or license to carry a concealed firearm means receipt
419	419	21 of an approval number issued in accordance with subsection
420	420	22 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
421	421	23 Identification Card Act.
422	422	24 (1) In addition to the other requirements of this
423	423	25 paragraph (k), all persons who are not federally
424	424	26 licensed firearms dealers must also have complied with
425	425
426	426
427	427
428	428
429	429
430	430	HB1037 - 11 - LRB104 03252 RLC 13274 b
431	431
432	432
433	433	HB1037- 12 -LRB104 03252 RLC 13274 b HB1037 - 12 - LRB104 03252 RLC 13274 b
434	434	HB1037 - 12 - LRB104 03252 RLC 13274 b
435	435	1 subsection (a-10) of Section 3 of the Firearm Owners
436	436	2 Identification Card Act by determining the validity of
437	437	3 a purchaser's Firearm Owner's Identification Card.
438	438	4 (2) All sellers or transferors who have complied
439	439	5 with the requirements of subparagraph (1) of this
440	440	6 paragraph (k) shall not be liable for damages in any
441	441	7 civil action arising from the use or misuse by the
442	442	8 transferee of the firearm transferred, except for
443	443	9 willful or wanton misconduct on the part of the seller
444	444	10 or transferor.
445	445	11 (l) Not being entitled to the possession of a firearm,
446	446	12 delivers the firearm, knowing it to have been stolen or
447	447	13 converted. It may be inferred that a person who possesses
448	448	14 a firearm with knowledge that its serial number has been
449	449	15 removed or altered has knowledge that the firearm is
450	450	16 stolen or converted.
451	451	17 (m) Sells or gives a firearm to a person who has been
452	452	18 convicted of a felony or who is a streetgang member.
453	453	19 (n) Sells or gives a firearm that has been purchased
454	454	20 or acquired out of state to a person who has been convicted
455	455	21 of a felony or who is a streetgang member.
456	456	22 (B) Paragraph (h) of subsection (A) does not include
457	457	23 firearms sold within 6 months after enactment of Public Act
458	458	24 78-355 (approved August 21, 1973, effective October 1, 1973),
459	459	25 nor is any firearm legally owned or possessed by any citizen or
460	460	26 purchased by any citizen within 6 months after the enactment
461	461
462	462
463	463
464	464
465	465
466	466	HB1037 - 12 - LRB104 03252 RLC 13274 b
467	467
468	468
469	469	HB1037- 13 -LRB104 03252 RLC 13274 b HB1037 - 13 - LRB104 03252 RLC 13274 b
470	470	HB1037 - 13 - LRB104 03252 RLC 13274 b
471	471	1 of Public Act 78-355 subject to confiscation or seizure under
472	472	2 the provisions of that Public Act. Nothing in Public Act
473	473	3 78-355 shall be construed to prohibit the gift or trade of any
474	474	4 firearm if that firearm was legally held or acquired within 6
475	475	5 months after the enactment of that Public Act.
476	476	6 (C) Sentence.
477	477	7 (1) Any person convicted of unlawful sale or delivery
478	478	8 of firearms in violation of paragraph (c), (e), (f), (g),
479	479	9 or (h) of subsection (A) commits a Class 4 felony.
480	480	10 (2) Any person convicted of unlawful sale or delivery
481	481	11 of firearms in violation of paragraph (b) or (i) of
482	482	12 subsection (A) commits a Class 3 felony.
483	483	13 (3) Any person convicted of unlawful sale or delivery
484	484	14 of firearms in violation of paragraph (a) of subsection
485	485	15 (A) commits a Class 2 felony.
486	486	16 (4) Any person convicted of unlawful sale or delivery
487	487	17 of firearms in violation of paragraph (a), (b), or (i) of
488	488	18 subsection (A) in any school, on the real property
489	489	19 comprising a school, within 1,000 feet of the real
490	490	20 property comprising a school, at a school related
491	491	21 activity, or on or within 1,000 feet of any conveyance
492	492	22 owned, leased, or contracted by a school or school
493	493	23 district to transport students to or from school or a
494	494	24 school related activity, regardless of the time of day or
495	495	25 time of year at which the offense was committed, commits a
496	496	26 Class 1 felony. Any person convicted of a second or
497	497
498	498
499	499
500	500
501	501
502	502	HB1037 - 13 - LRB104 03252 RLC 13274 b
503	503
504	504
505	505	HB1037- 14 -LRB104 03252 RLC 13274 b HB1037 - 14 - LRB104 03252 RLC 13274 b
506	506	HB1037 - 14 - LRB104 03252 RLC 13274 b
507	507	1 subsequent violation of unlawful sale or delivery of
508	508	2 firearms in violation of paragraph (a), (b), or (i) of
509	509	3 subsection (A) in any school, on the real property
510	510	4 comprising a school, within 1,000 feet of the real
511	511	5 property comprising a school, at a school related
512	512	6 activity, or on or within 1,000 feet of any conveyance
513	513	7 owned, leased, or contracted by a school or school
514	514	8 district to transport students to or from school or a
515	515	9 school related activity, regardless of the time of day or
516	516	10 time of year at which the offense was committed, commits a
517	517	11 Class 1 felony for which the sentence shall be a term of
518	518	12 imprisonment of no less than 5 years and no more than 15
519	519	13 years.
520	520	14 (5) Any person convicted of unlawful sale or delivery
521	521	15 of firearms in violation of paragraph (a) or (i) of
522	522	16 subsection (A) in residential property owned, operated, or
523	523	17 managed by a public housing agency or leased by a public
524	524	18 housing agency as part of a scattered site or mixed-income
525	525	19 development, in a public park, in a courthouse, on
526	526	20 residential property owned, operated, or managed by a
527	527	21 public housing agency or leased by a public housing agency
528	528	22 as part of a scattered site or mixed-income development,
529	529	23 on the real property comprising any public park, on the
530	530	24 real property comprising any courthouse, or on any public
531	531	25 way within 1,000 feet of the real property comprising any
532	532	26 public park, courthouse, or residential property owned,
533	533
534	534
535	535
536	536
537	537
538	538	HB1037 - 14 - LRB104 03252 RLC 13274 b
539	539
540	540
541	541	HB1037- 15 -LRB104 03252 RLC 13274 b HB1037 - 15 - LRB104 03252 RLC 13274 b
542	542	HB1037 - 15 - LRB104 03252 RLC 13274 b
543	543	1 operated, or managed by a public housing agency or leased
544	544	2 by a public housing agency as part of a scattered site or
545	545	3 mixed-income development commits a Class 2 felony.
546	546	4 (6) Any person convicted of unlawful sale or delivery
547	547	5 of firearms in violation of paragraph (j) of subsection
548	548	6 (A) commits a Class A misdemeanor. A second or subsequent
549	549	7 violation is a Class 4 felony.
550	550	8 (7) Any person convicted of unlawful sale or delivery
551	551	9 of firearms in violation of paragraph (k) of subsection
552	552	10 (A) commits a Class 4 felony, except that a violation of
553	553	11 subparagraph (1) of paragraph (k) of subsection (A) shall
554	554	12 not be punishable as a crime or petty offense. A third or
555	555	13 subsequent conviction for a violation of paragraph (k) of
556	556	14 subsection (A) is a Class 1 felony.
557	557	15 (8) A person 18 years of age or older convicted of
558	558	16 unlawful sale or delivery of firearms in violation of
559	559	17 paragraph (a) or (i) of subsection (A), when the firearm
560	560	18 that was sold or given to another person under 18 years of
561	561	19 age was used in the commission of or attempt to commit a
562	562	20 forcible felony, shall be fined or imprisoned, or both,
563	563	21 not to exceed the maximum provided for the most serious
564	564	22 forcible felony so committed or attempted by the person
565	565	23 under 18 years of age who was sold or given the firearm.
566	566	24 (9) Any person convicted of unlawful sale or delivery
567	567	25 of firearms in violation of paragraph (d) of subsection
568	568	26 (A) commits a Class 3 felony.
569	569
570	570
571	571
572	572
573	573
574	574	HB1037 - 15 - LRB104 03252 RLC 13274 b
575	575
576	576
577	577	HB1037- 16 -LRB104 03252 RLC 13274 b HB1037 - 16 - LRB104 03252 RLC 13274 b
578	578	HB1037 - 16 - LRB104 03252 RLC 13274 b
579	579	1 (10) Any person convicted of unlawful sale or delivery
580	580	2 of firearms in violation of paragraph (l) of subsection
581	581	3 (A) commits a Class 2 felony if the delivery is of one
582	582	4 firearm. Any person convicted of unlawful sale or delivery
583	583	5 of firearms in violation of paragraph (l) of subsection
584	584	6 (A) commits a Class 1 felony if the delivery is of not less
585	585	7 than 2 and not more than 5 firearms at the same time or
586	586	8 within a one-year period. Any person convicted of unlawful
587	587	9 sale or delivery of firearms in violation of paragraph (l)
588	588	10 of subsection (A) commits a Class X felony for which he or
589	589	11 she shall be sentenced to a term of imprisonment of not
590	590	12 less than 6 years and not more than 30 years if the
591	591	13 delivery is of not less than 6 and not more than 10
592	592	14 firearms at the same time or within a 2-year period. Any
593	593	15 person convicted of unlawful sale or delivery of firearms
594	594	16 in violation of paragraph (l) of subsection (A) commits a
595	595	17 Class X felony for which he or she shall be sentenced to a
596	596	18 term of imprisonment of not less than 6 years and not more
597	597	19 than 40 years if the delivery is of not less than 11 and
598	598	20 not more than 20 firearms at the same time or within a
599	599	21 3-year period. Any person convicted of unlawful sale or
600	600	22 delivery of firearms in violation of paragraph (l) of
601	601	23 subsection (A) commits a Class X felony for which he or she
602	602	24 shall be sentenced to a term of imprisonment of not less
603	603	25 than 6 years and not more than 50 years if the delivery is
604	604	26 of not less than 21 and not more than 30 firearms at the
605	605
606	606
607	607
608	608
609	609
610	610	HB1037 - 16 - LRB104 03252 RLC 13274 b
611	611
612	612
613	613	HB1037- 17 -LRB104 03252 RLC 13274 b HB1037 - 17 - LRB104 03252 RLC 13274 b
614	614	HB1037 - 17 - LRB104 03252 RLC 13274 b
615	615	1 same time or within a 4-year period. Any person convicted
616	616	2 of unlawful sale or delivery of firearms in violation of
617	617	3 paragraph (l) of subsection (A) commits a Class X felony
618	618	4 for which he or she shall be sentenced to a term of
619	619	5 imprisonment of not less than 6 years and not more than 60
620	620	6 years if the delivery is of 31 or more firearms at the same
621	621	7 time or within a 5-year period.
622	622	8 (11) Any person convicted of unlawful sale or delivery
623	623	9 of firearms in violation of paragraph (m) or (n) of
624	624	10 subsection (A) commits a Class 1 felony.
625	625	11 (D) For purposes of this Section:
626	626	12 "School" means a public or private elementary or secondary
627	627	13 school, community college, college, or university.
628	628	14 "School related activity" means any sporting, social,
629	629	15 academic, or other activity for which students' attendance or
630	630	16 participation is sponsored, organized, or funded in whole or
631	631	17 in part by a school or school district.
632	632	18 (E) A prosecution for a violation of paragraph (k) of
633	633	19 subsection (A) of this Section may be commenced within 6 years
634	634	20 after the commission of the offense. A prosecution for a
635	635	21 violation of this Section other than paragraph (g) of
636	636	22 subsection (A) of this Section may be commenced within 5 years
637	637	23 after the commission of the offense defined in the particular
638	638	24 paragraph.
639	639	25 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
640	640	26 102-813, eff. 5-13-22.)
641	641
642	642
643	643
644	644
645	645
646	646	HB1037 - 17 - LRB104 03252 RLC 13274 b
647	647
648	648
649	649	HB1037- 18 -LRB104 03252 RLC 13274 b HB1037 - 18 - LRB104 03252 RLC 13274 b
650	650	HB1037 - 18 - LRB104 03252 RLC 13274 b
651	651	1 Section 10. The Unified Code of Corrections is amended by
652	652	2 changing Sections 5-4.5-95 and 5-5-3 as follows:
653	653	3 (730 ILCS 5/5-4.5-95)
654	654	4 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
655	655	5 (a) HABITUAL CRIMINALS.
656	656	6 (1) Every person who has been twice convicted in any
657	657	7 state or federal court of an offense that contains the
658	658	8 same elements as an offense now (the date of the offense
659	659	9 committed after the 2 prior convictions) classified in
660	660	10 Illinois as a Class X felony, criminal sexual assault,
661	661	11 aggravated kidnapping, or first degree murder, and who is
662	662	12 thereafter convicted of a Class X felony, criminal sexual
663	663	13 assault, or first degree murder, committed after the 2
664	664	14 prior convictions, shall be adjudged an habitual criminal.
665	665	15 (2) The 2 prior convictions need not have been for the
666	666	16 same offense.
667	667	17 (3) Any convictions that result from or are connected
668	668	18 with the same transaction, or result from offenses
669	669	19 committed at the same time, shall be counted for the
670	670	20 purposes of this Section as one conviction.
671	671	21 (4) This Section does not apply unless each of the
672	672	22 following requirements are satisfied:
673	673	23 (A) The third offense was committed after July 3,
674	674	24 1980.
675	675
676	676
677	677
678	678
679	679
680	680	HB1037 - 18 - LRB104 03252 RLC 13274 b
681	681
682	682
683	683	HB1037- 19 -LRB104 03252 RLC 13274 b HB1037 - 19 - LRB104 03252 RLC 13274 b
684	684	HB1037 - 19 - LRB104 03252 RLC 13274 b
685	685	1 (B) The third offense was committed within 20
686	686	2 years of the date that judgment was entered on the
687	687	3 first conviction; provided, however, that time spent
688	688	4 in custody shall not be counted.
689	689	5 (C) The third offense was committed after
690	690	6 conviction on the second offense.
691	691	7 (D) The second offense was committed after
692	692	8 conviction on the first offense.
693	693	9 (E) (Blank). The first offense was committed when
694	694	10 the person was 21 years of age or older.
695	695	11 (5) Anyone who, having attained the age of 18 at the
696	696	12 time of the third offense, is adjudged an habitual
697	697	13 criminal shall be sentenced to a term of natural life
698	698	14 imprisonment.
699	699	15 (6) A prior conviction shall not be alleged in the
700	700	16 indictment, and no evidence or other disclosure of that
701	701	17 conviction shall be presented to the court or the jury
702	702	18 during the trial of an offense set forth in this Section
703	703	19 unless otherwise permitted by the issues properly raised
704	704	20 in that trial. After a plea or verdict or finding of guilty
705	705	21 and before sentence is imposed, the prosecutor may file
706	706	22 with the court a verified written statement signed by the
707	707	23 State's Attorney concerning any former conviction of an
708	708	24 offense set forth in this Section rendered against the
709	709	25 defendant. The court shall then cause the defendant to be
710	710	26 brought before it; shall inform the defendant of the
711	711
712	712
713	713
714	714
715	715
716	716	HB1037 - 19 - LRB104 03252 RLC 13274 b
717	717
718	718
719	719	HB1037- 20 -LRB104 03252 RLC 13274 b HB1037 - 20 - LRB104 03252 RLC 13274 b
720	720	HB1037 - 20 - LRB104 03252 RLC 13274 b
721	721	1 allegations of the statement so filed, and of his or her
722	722	2 right to a hearing before the court on the issue of that
723	723	3 former conviction and of his or her right to counsel at
724	724	4 that hearing; and unless the defendant admits such
725	725	5 conviction, shall hear and determine the issue, and shall
726	726	6 make a written finding thereon. If a sentence has
727	727	7 previously been imposed, the court may vacate that
728	728	8 sentence and impose a new sentence in accordance with this
729	729	9 Section.
730	730	10 (7) A duly authenticated copy of the record of any
731	731	11 alleged former conviction of an offense set forth in this
732	732	12 Section shall be prima facie evidence of that former
733	733	13 conviction; and a duly authenticated copy of the record of
734	734	14 the defendant's final release or discharge from probation
735	735	15 granted, or from sentence and parole supervision (if any)
736	736	16 imposed pursuant to that former conviction, shall be prima
737	737	17 facie evidence of that release or discharge.
738	738	18 (8) Any claim that a previous conviction offered by
739	739	19 the prosecution is not a former conviction of an offense
740	740	20 set forth in this Section because of the existence of any
741	741	21 exceptions described in this Section, is waived unless
742	742	22 duly raised at the hearing on that conviction, or unless
743	743	23 the prosecution's proof shows the existence of the
744	744	24 exceptions described in this Section.
745	745	25 (9) If the person so convicted shows to the
746	746	26 satisfaction of the court before whom that conviction was
747	747
748	748
749	749
750	750
751	751
752	752	HB1037 - 20 - LRB104 03252 RLC 13274 b
753	753
754	754
755	755	HB1037- 21 -LRB104 03252 RLC 13274 b HB1037 - 21 - LRB104 03252 RLC 13274 b
756	756	HB1037 - 21 - LRB104 03252 RLC 13274 b
757	757	1 had that he or she was released from imprisonment, upon
758	758	2 either of the sentences upon a pardon granted for the
759	759	3 reason that he or she was innocent, that conviction and
760	760	4 sentence shall not be considered under this Section.
761	761	5 (b) When a defendant, over the age of 21 years, is
762	762	6 convicted of a Class 1 or Class 2 forcible felony, except for
763	763	7 an offense listed in subsection (d) of this Section, after
764	764	8 having twice been convicted in any state or federal court of an
765	765	9 offense that contains the same elements as an offense now (the
766	766	10 date the Class 1 or Class 2 forcible felony was committed)
767	767	11 classified in Illinois as a Class 2 or greater Class forcible
768	768	12 felony, except for an offense listed in subsection (d) of this
769	769	13 Section, and those charges are separately brought and tried
770	770	14 and arise out of different series of acts, that defendant
771	771	15 shall be sentenced as a Class X offender. This subsection does
772	772	16 not apply unless:
773	773	17 (1) the first forcible felony was committed after
774	774	18 February 1, 1978 (the effective date of Public Act
775	775	19 80-1099);
776	776	20 (2) the second forcible felony was committed after
777	777	21 conviction on the first;
778	778	22 (3) the third forcible felony was committed after
779	779	23 conviction on the second; and
780	780	24 (4) (blank). the first offense was committed when the
781	781	25 person was 21 years of age or older.
782	782	26 (c) (Blank).
783	783
784	784
785	785
786	786
787	787
788	788	HB1037 - 21 - LRB104 03252 RLC 13274 b
789	789
790	790
791	791	HB1037- 22 -LRB104 03252 RLC 13274 b HB1037 - 22 - LRB104 03252 RLC 13274 b
792	792	HB1037 - 22 - LRB104 03252 RLC 13274 b
793	793	1 (d) Subsection (b) of this Section does not apply to Class
794	794	2 1 or Class 2 felony convictions for a violation of Section 16-1
795	795	3 of the Criminal Code of 2012.
796	796	4 A person sentenced as a Class X offender under this
797	797	5 subsection (b) is not eligible to apply for treatment as a
798	798	6 condition of probation as provided by Section 40-10 of the
799	799	7 Substance Use Disorder Act (20 ILCS 301/40-10).
800	800	8 (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
801	801	9 101-652, eff. 7-1-21.)
802	802	10 (730 ILCS 5/5-5-3)
803	803	11 (Text of Section before amendment by P.A. 103-825)
804	804	12 Sec. 5-5-3. Disposition.
805	805	13 (a) (Blank).
806	806	14 (b) (Blank).
807	807	15 (c)(1) (Blank).
808	808	16 (2) A period of probation, a term of periodic imprisonment
809	809	17 or conditional discharge shall not be imposed for the
810	810	18 following offenses. The court shall sentence the offender to
811	811	19 not less than the minimum term of imprisonment set forth in
812	812	20 this Code for the following offenses, and may order a fine or
813	813	21 restitution or both in conjunction with such term of
814	814	22 imprisonment:
815	815	23 (A) First degree murder.
816	816	24 (B) Attempted first degree murder.
817	817	25 (C) A Class X felony.
818	818
819	819
820	820
821	821
822	822
823	823	HB1037 - 22 - LRB104 03252 RLC 13274 b
824	824
825	825
826	826	HB1037- 23 -LRB104 03252 RLC 13274 b HB1037 - 23 - LRB104 03252 RLC 13274 b
827	827	HB1037 - 23 - LRB104 03252 RLC 13274 b
828	828	1 (D) A violation of Section 401.1 or 407 of the
829	829	2 Illinois Controlled Substances Act, or a violation of
830	830	3 subdivision (c)(1.5) of Section 401 of that Act which
831	831	4 relates to more than 5 grams of a substance containing
832	832	5 fentanyl or an analog thereof.
833	833	6 (D-5) A violation of subdivision (c)(1) of Section 401
834	834	7 of the Illinois Controlled Substances Act which relates to
835	835	8 3 or more grams of a substance containing heroin or an
836	836	9 analog thereof.
837	837	10 (E) (Blank).
838	838	11 (F) A Class 1 or greater felony if the offender had
839	839	12 been convicted of a Class 1 or greater felony, including
840	840	13 any state or federal conviction for an offense that
841	841	14 contained, at the time it was committed, the same elements
842	842	15 as an offense now (the date of the offense committed after
843	843	16 the prior Class 1 or greater felony) classified as a Class
844	844	17 1 or greater felony, within 10 years of the date on which
845	845	18 the offender committed the offense for which he or she is
846	846	19 being sentenced, except as otherwise provided in Section
847	847	20 40-10 of the Substance Use Disorder Act.
848	848	21 (F-3) A Class 2 or greater felony sex offense or
849	849	22 felony firearm offense if the offender had been convicted
850	850	23 of a Class 2 or greater felony, including any state or
851	851	24 federal conviction for an offense that contained, at the
852	852	25 time it was committed, the same elements as an offense now
853	853	26 (the date of the offense committed after the prior Class 2
854	854
855	855
856	856
857	857
858	858
859	859	HB1037 - 23 - LRB104 03252 RLC 13274 b
860	860
861	861
862	862	HB1037- 24 -LRB104 03252 RLC 13274 b HB1037 - 24 - LRB104 03252 RLC 13274 b
863	863	HB1037 - 24 - LRB104 03252 RLC 13274 b
864	864	1 or greater felony) classified as a Class 2 or greater
865	865	2 felony, within 10 years of the date on which the offender
866	866	3 committed the offense for which he or she is being
867	867	4 sentenced, except as otherwise provided in Section 40-10
868	868	5 of the Substance Use Disorder Act.
869	869	6 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
870	870	7 of the Criminal Code of 1961 or the Criminal Code of 2012
871	871	8 for which imprisonment is prescribed in those Sections.
872	872	9 (G) Residential burglary, except as otherwise provided
873	873	10 in Section 40-10 of the Substance Use Disorder Act.
874	874	11 (H) Criminal sexual assault.
875	875	12 (I) Aggravated battery of a senior citizen as
876	876	13 described in Section 12-4.6 or subdivision (a)(4) of
877	877	14 Section 12-3.05 of the Criminal Code of 1961 or the
878	878	15 Criminal Code of 2012.
879	879	16 (J) A forcible felony if the offense was related to
880	880	17 the activities of an organized gang.
881	881	18 Before July 1, 1994, for the purposes of this
882	882	19 paragraph, "organized gang" means an association of 5 or
883	883	20 more persons, with an established hierarchy, that
884	884	21 encourages members of the association to perpetrate crimes
885	885	22 or provides support to the members of the association who
886	886	23 do commit crimes.
887	887	24 Beginning July 1, 1994, for the purposes of this
888	888	25 paragraph, "organized gang" has the meaning ascribed to it
889	889	26 in Section 10 of the Illinois Streetgang Terrorism Omnibus
890	890
891	891
892	892
893	893
894	894
895	895	HB1037 - 24 - LRB104 03252 RLC 13274 b
896	896
897	897
898	898	HB1037- 25 -LRB104 03252 RLC 13274 b HB1037 - 25 - LRB104 03252 RLC 13274 b
899	899	HB1037 - 25 - LRB104 03252 RLC 13274 b
900	900	1 Prevention Act.
901	901	2 (K) Vehicular hijacking.
902	902	3 (L) A second or subsequent conviction for the offense
903	903	4 of hate crime when the underlying offense upon which the
904	904	5 hate crime is based is felony aggravated assault or felony
905	905	6 mob action.
906	906	7 (M) A second or subsequent conviction for the offense
907	907	8 of institutional vandalism if the damage to the property
908	908	9 exceeds $300.
909	909	10 (N) A Class 3 felony violation of paragraph (1) of
910	910	11 subsection (a) of Section 2 of the Firearm Owners
911	911	12 Identification Card Act.
912	912	13 (O) A violation of Section 12-6.1 or 12-6.5 of the
913	913	14 Criminal Code of 1961 or the Criminal Code of 2012.
914	914	15 (P) A violation of paragraph (1), (2), (3), (4), (5),
915	915	16 or (7) of subsection (a) of Section 11-20.1 of the
916	916	17 Criminal Code of 1961 or the Criminal Code of 2012.
917	917	18 (P-5) A violation of paragraph (6) of subsection (a)
918	918	19 of Section 11-20.1 of the Criminal Code of 1961 or the
919	919	20 Criminal Code of 2012 if the victim is a household or
920	920	21 family member of the defendant.
921	921	22 (Q) A violation of subsection (b) or (b-5) of Section
922	922	23 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
923	923	24 Code of 1961 or the Criminal Code of 2012.
924	924	25 (R) A violation of Section 24-3A of the Criminal Code
925	925	26 of 1961 or the Criminal Code of 2012.
926	926
927	927
928	928
929	929
930	930
931	931	HB1037 - 25 - LRB104 03252 RLC 13274 b
932	932
933	933
934	934	HB1037- 26 -LRB104 03252 RLC 13274 b HB1037 - 26 - LRB104 03252 RLC 13274 b
935	935	HB1037 - 26 - LRB104 03252 RLC 13274 b
936	936	1 (S) (Blank).
937	937	2 (T) (Blank).
938	938	3 (U) A second or subsequent violation of Section 6-303
939	939	4 of the Illinois Vehicle Code committed while his or her
940	940	5 driver's license, permit, or privilege was revoked because
941	941	6 of a violation of Section 9-3 of the Criminal Code of 1961
942	942	7 or the Criminal Code of 2012, relating to the offense of
943	943	8 reckless homicide, or a similar provision of a law of
944	944	9 another state.
945	945	10 (V) A violation of paragraph (4) of subsection (c) of
946	946	11 Section 11-20.1B or paragraph (4) of subsection (c) of
947	947	12 Section 11-20.3 of the Criminal Code of 1961, or paragraph
948	948	13 (6) of subsection (a) of Section 11-20.1 of the Criminal
949	949	14 Code of 2012 when the victim is under 13 years of age and
950	950	15 the defendant has previously been convicted under the laws
951	951	16 of this State or any other state of the offense of child
952	952	17 pornography, aggravated child pornography, aggravated
953	953	18 criminal sexual abuse, aggravated criminal sexual assault,
954	954	19 predatory criminal sexual assault of a child, or any of
955	955	20 the offenses formerly known as rape, deviate sexual
956	956	21 assault, indecent liberties with a child, or aggravated
957	957	22 indecent liberties with a child where the victim was under
958	958	23 the age of 18 years or an offense that is substantially
959	959	24 equivalent to those offenses.
960	960	25 (W) A violation of Section 24-3.5 of the Criminal Code
961	961	26 of 1961 or the Criminal Code of 2012.
962	962
963	963
964	964
965	965
966	966
967	967	HB1037 - 26 - LRB104 03252 RLC 13274 b
968	968
969	969
970	970	HB1037- 27 -LRB104 03252 RLC 13274 b HB1037 - 27 - LRB104 03252 RLC 13274 b
971	971	HB1037 - 27 - LRB104 03252 RLC 13274 b
972	972	1 (X) A violation of subsection (a) of Section 31-1a of
973	973	2 the Criminal Code of 1961 or the Criminal Code of 2012.
974	974	3 (Y) A conviction for unlawful possession of a firearm
975	975	4 by a street gang member when the firearm was loaded or
976	976	5 contained firearm ammunition.
977	977	6 (Z) A Class 1 felony committed while he or she was
978	978	7 serving a term of probation or conditional discharge for a
979	979	8 felony.
980	980	9 (AA) Theft of property exceeding $500,000 and not
981	981	10 exceeding $1,000,000 in value.
982	982	11 (BB) Laundering of criminally derived property of a
983	983	12 value exceeding $500,000.
984	984	13 (CC) Knowingly selling, offering for sale, holding for
985	985	14 sale, or using 2,000 or more counterfeit items or
986	986	15 counterfeit items having a retail value in the aggregate
987	987	16 of $500,000 or more.
988	988	17 (DD) A conviction for aggravated assault under
989	989	18 paragraph (6) of subsection (c) of Section 12-2 of the
990	990	19 Criminal Code of 1961 or the Criminal Code of 2012 if the
991	991	20 firearm is aimed toward the person against whom the
992	992	21 firearm is being used.
993	993	22 (EE) A conviction for a violation of paragraph (2) of
994	994	23 subsection (a) of Section 24-3B of the Criminal Code of
995	995	24 2012.
996	996	25 (3) (Blank).
997	997	26 (4) A minimum term of imprisonment of not less than 10
998	998
999	999
1000	1000
1001	1001
1002	1002
1003	1003	HB1037 - 27 - LRB104 03252 RLC 13274 b
1004	1004
1005	1005
1006	1006	HB1037- 28 -LRB104 03252 RLC 13274 b HB1037 - 28 - LRB104 03252 RLC 13274 b
1007	1007	HB1037 - 28 - LRB104 03252 RLC 13274 b
1008	1008	1 consecutive days or 30 days of community service shall be
1009	1009	2 imposed for a violation of paragraph (c) of Section 6-303 of
1010	1010	3 the Illinois Vehicle Code.
1011	1011	4 (4.1) (Blank).
1012	1012	5 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
1013	1013	6 this subsection (c), a minimum of 100 hours of community
1014	1014	7 service shall be imposed for a second violation of Section
1015	1015	8 6-303 of the Illinois Vehicle Code.
1016	1016	9 (4.3) A minimum term of imprisonment of 30 days or 300
1017	1017	10 hours of community service, as determined by the court, shall
1018	1018	11 be imposed for a second violation of subsection (c) of Section
1019	1019	12 6-303 of the Illinois Vehicle Code.
1020	1020	13 (4.4) Except as provided in paragraphs (4.5), (4.6), and
1021	1021	14 (4.9) of this subsection (c), a minimum term of imprisonment
1022	1022	15 of 30 days or 300 hours of community service, as determined by
1023	1023	16 the court, shall be imposed for a third or subsequent
1024	1024	17 violation of Section 6-303 of the Illinois Vehicle Code. The
1025	1025	18 court may give credit toward the fulfillment of community
1026	1026	19 service hours for participation in activities and treatment as
1027	1027	20 determined by court services.
1028	1028	21 (4.5) A minimum term of imprisonment of 30 days shall be
1029	1029	22 imposed for a third violation of subsection (c) of Section
1030	1030	23 6-303 of the Illinois Vehicle Code.
1031	1031	24 (4.6) Except as provided in paragraph (4.10) of this
1032	1032	25 subsection (c), a minimum term of imprisonment of 180 days
1033	1033	26 shall be imposed for a fourth or subsequent violation of
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039	HB1037 - 28 - LRB104 03252 RLC 13274 b
1040	1040
1041	1041
1042	1042	HB1037- 29 -LRB104 03252 RLC 13274 b HB1037 - 29 - LRB104 03252 RLC 13274 b
1043	1043	HB1037 - 29 - LRB104 03252 RLC 13274 b
1044	1044	1 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
1045	1045	2 (4.7) A minimum term of imprisonment of not less than 30
1046	1046	3 consecutive days, or 300 hours of community service, shall be
1047	1047	4 imposed for a violation of subsection (a-5) of Section 6-303
1048	1048	5 of the Illinois Vehicle Code, as provided in subsection (b-5)
1049	1049	6 of that Section.
1050	1050	7 (4.8) A mandatory prison sentence shall be imposed for a
1051	1051	8 second violation of subsection (a-5) of Section 6-303 of the
1052	1052	9 Illinois Vehicle Code, as provided in subsection (c-5) of that
1053	1053	10 Section. The person's driving privileges shall be revoked for
1054	1054	11 a period of not less than 5 years from the date of his or her
1055	1055	12 release from prison.
1056	1056	13 (4.9) A mandatory prison sentence of not less than 4 and
1057	1057	14 not more than 15 years shall be imposed for a third violation
1058	1058	15 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1059	1059	16 Code, as provided in subsection (d-2.5) of that Section. The
1060	1060	17 person's driving privileges shall be revoked for the remainder
1061	1061	18 of his or her life.
1062	1062	19 (4.10) A mandatory prison sentence for a Class 1 felony
1063	1063	20 shall be imposed, and the person shall be eligible for an
1064	1064	21 extended term sentence, for a fourth or subsequent violation
1065	1065	22 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1066	1066	23 Code, as provided in subsection (d-3.5) of that Section. The
1067	1067	24 person's driving privileges shall be revoked for the remainder
1068	1068	25 of his or her life.
1069	1069	26 (5) The court may sentence a corporation or unincorporated
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075	HB1037 - 29 - LRB104 03252 RLC 13274 b
1076	1076
1077	1077
1078	1078	HB1037- 30 -LRB104 03252 RLC 13274 b HB1037 - 30 - LRB104 03252 RLC 13274 b
1079	1079	HB1037 - 30 - LRB104 03252 RLC 13274 b
1080	1080	1 association convicted of any offense to:
1081	1081	2 (A) a period of conditional discharge;
1082	1082	3 (B) a fine;
1083	1083	4 (C) make restitution to the victim under Section 5-5-6
1084	1084	5 of this Code.
1085	1085	6 (5.1) In addition to any other penalties imposed, and
1086	1086	7 except as provided in paragraph (5.2) or (5.3), a person
1087	1087	8 convicted of violating subsection (c) of Section 11-907 of the
1088	1088	9 Illinois Vehicle Code shall have his or her driver's license,
1089	1089	10 permit, or privileges suspended for at least 90 days but not
1090	1090	11 more than one year, if the violation resulted in damage to the
1091	1091	12 property of another person.
1092	1092	13 (5.2) In addition to any other penalties imposed, and
1093	1093	14 except as provided in paragraph (5.3), a person convicted of
1094	1094	15 violating subsection (c) of Section 11-907 of the Illinois
1095	1095	16 Vehicle Code shall have his or her driver's license, permit,
1096	1096	17 or privileges suspended for at least 180 days but not more than
1097	1097	18 2 years, if the violation resulted in injury to another
1098	1098	19 person.
1099	1099	20 (5.3) In addition to any other penalties imposed, a person
1100	1100	21 convicted of violating subsection (c) of Section 11-907 of the
1101	1101	22 Illinois Vehicle Code shall have his or her driver's license,
1102	1102	23 permit, or privileges suspended for 2 years, if the violation
1103	1103	24 resulted in the death of another person.
1104	1104	25 (5.4) In addition to any other penalties imposed, a person
1105	1105	26 convicted of violating Section 3-707 of the Illinois Vehicle
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111	HB1037 - 30 - LRB104 03252 RLC 13274 b
1112	1112
1113	1113
1114	1114	HB1037- 31 -LRB104 03252 RLC 13274 b HB1037 - 31 - LRB104 03252 RLC 13274 b
1115	1115	HB1037 - 31 - LRB104 03252 RLC 13274 b
1116	1116	1 Code shall have his or her driver's license, permit, or
1117	1117	2 privileges suspended for 3 months and until he or she has paid
1118	1118	3 a reinstatement fee of $100.
1119	1119	4 (5.5) In addition to any other penalties imposed, a person
1120	1120	5 convicted of violating Section 3-707 of the Illinois Vehicle
1121	1121	6 Code during a period in which his or her driver's license,
1122	1122	7 permit, or privileges were suspended for a previous violation
1123	1123	8 of that Section shall have his or her driver's license,
1124	1124	9 permit, or privileges suspended for an additional 6 months
1125	1125	10 after the expiration of the original 3-month suspension and
1126	1126	11 until he or she has paid a reinstatement fee of $100.
1127	1127	12 (6) (Blank).
1128	1128	13 (7) (Blank).
1129	1129	14 (8) (Blank).
1130	1130	15 (9) A defendant convicted of a second or subsequent
1131	1131	16 offense of ritualized abuse of a child may be sentenced to a
1132	1132	17 term of natural life imprisonment.
1133	1133	18 (10) (Blank).
1134	1134	19 (11) The court shall impose a minimum fine of $1,000 for a
1135	1135	20 first offense and $2,000 for a second or subsequent offense
1136	1136	21 upon a person convicted of or placed on supervision for
1137	1137	22 battery when the individual harmed was a sports official or
1138	1138	23 coach at any level of competition and the act causing harm to
1139	1139	24 the sports official or coach occurred within an athletic
1140	1140	25 facility or within the immediate vicinity of the athletic
1141	1141	26 facility at which the sports official or coach was an active
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147	HB1037 - 31 - LRB104 03252 RLC 13274 b
1148	1148
1149	1149
1150	1150	HB1037- 32 -LRB104 03252 RLC 13274 b HB1037 - 32 - LRB104 03252 RLC 13274 b
1151	1151	HB1037 - 32 - LRB104 03252 RLC 13274 b
1152	1152	1 participant of the athletic contest held at the athletic
1153	1153	2 facility. For the purposes of this paragraph (11), "sports
1154	1154	3 official" means a person at an athletic contest who enforces
1155	1155	4 the rules of the contest, such as an umpire or referee;
1156	1156	5 "athletic facility" means an indoor or outdoor playing field
1157	1157	6 or recreational area where sports activities are conducted;
1158	1158	7 and "coach" means a person recognized as a coach by the
1159	1159	8 sanctioning authority that conducted the sporting event.
1160	1160	9 (12) A person may not receive a disposition of court
1161	1161	10 supervision for a violation of Section 5-16 of the Boat
1162	1162	11 Registration and Safety Act if that person has previously
1163	1163	12 received a disposition of court supervision for a violation of
1164	1164	13 that Section.
1165	1165	14 (13) A person convicted of or placed on court supervision
1166	1166	15 for an assault or aggravated assault when the victim and the
1167	1167	16 offender are family or household members as defined in Section
1168	1168	17 103 of the Illinois Domestic Violence Act of 1986 or convicted
1169	1169	18 of domestic battery or aggravated domestic battery may be
1170	1170	19 required to attend a Partner Abuse Intervention Program under
1171	1171	20 protocols set forth by the Illinois Department of Human
1172	1172	21 Services under such terms and conditions imposed by the court.
1173	1173	22 The costs of such classes shall be paid by the offender.
1174	1174	23 (d) In any case in which a sentence originally imposed is
1175	1175	24 vacated, the case shall be remanded to the trial court. The
1176	1176	25 trial court shall hold a hearing under Section 5-4-1 of this
1177	1177	26 Code which may include evidence of the defendant's life, moral
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183	HB1037 - 32 - LRB104 03252 RLC 13274 b
1184	1184
1185	1185
1186	1186	HB1037- 33 -LRB104 03252 RLC 13274 b HB1037 - 33 - LRB104 03252 RLC 13274 b
1187	1187	HB1037 - 33 - LRB104 03252 RLC 13274 b
1188	1188	1 character and occupation during the time since the original
1189	1189	2 sentence was passed. The trial court shall then impose
1190	1190	3 sentence upon the defendant. The trial court may impose any
1191	1191	4 sentence which could have been imposed at the original trial
1192	1192	5 subject to Section 5-5-4 of this Code. If a sentence is vacated
1193	1193	6 on appeal or on collateral attack due to the failure of the
1194	1194	7 trier of fact at trial to determine beyond a reasonable doubt
1195	1195	8 the existence of a fact (other than a prior conviction)
1196	1196	9 necessary to increase the punishment for the offense beyond
1197	1197	10 the statutory maximum otherwise applicable, either the
1198	1198	11 defendant may be re-sentenced to a term within the range
1199	1199	12 otherwise provided or, if the State files notice of its
1200	1200	13 intention to again seek the extended sentence, the defendant
1201	1201	14 shall be afforded a new trial.
1202	1202	15 (e) In cases where prosecution for aggravated criminal
1203	1203	16 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1204	1204	17 Code of 1961 or the Criminal Code of 2012 results in conviction
1205	1205	18 of a defendant who was a family member of the victim at the
1206	1206	19 time of the commission of the offense, the court shall
1207	1207	20 consider the safety and welfare of the victim and may impose a
1208	1208	21 sentence of probation only where:
1209	1209	22 (1) the court finds (A) or (B) or both are
1210	1210	23 appropriate:
1211	1211	24 (A) the defendant is willing to undergo a court
1212	1212	25 approved counseling program for a minimum duration of
1213	1213	26 2 years; or
1214	1214
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219	HB1037 - 33 - LRB104 03252 RLC 13274 b
1220	1220
1221	1221
1222	1222	HB1037- 34 -LRB104 03252 RLC 13274 b HB1037 - 34 - LRB104 03252 RLC 13274 b
1223	1223	HB1037 - 34 - LRB104 03252 RLC 13274 b
1224	1224	1 (B) the defendant is willing to participate in a
1225	1225	2 court approved plan, including, but not limited to,
1226	1226	3 the defendant's:
1227	1227	4 (i) removal from the household;
1228	1228	5 (ii) restricted contact with the victim;
1229	1229	6 (iii) continued financial support of the
1230	1230	7 family;
1231	1231	8 (iv) restitution for harm done to the victim;
1232	1232	9 and
1233	1233	10 (v) compliance with any other measures that
1234	1234	11 the court may deem appropriate; and
1235	1235	12 (2) the court orders the defendant to pay for the
1236	1236	13 victim's counseling services, to the extent that the court
1237	1237	14 finds, after considering the defendant's income and
1238	1238	15 assets, that the defendant is financially capable of
1239	1239	16 paying for such services, if the victim was under 18 years
1240	1240	17 of age at the time the offense was committed and requires
1241	1241	18 counseling as a result of the offense.
1242	1242	19 Probation may be revoked or modified pursuant to Section
1243	1243	20 5-6-4; except where the court determines at the hearing that
1244	1244	21 the defendant violated a condition of his or her probation
1245	1245	22 restricting contact with the victim or other family members or
1246	1246	23 commits another offense with the victim or other family
1247	1247	24 members, the court shall revoke the defendant's probation and
1248	1248	25 impose a term of imprisonment.
1249	1249	26 For the purposes of this Section, "family member" and
1250	1250
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255	HB1037 - 34 - LRB104 03252 RLC 13274 b
1256	1256
1257	1257
1258	1258	HB1037- 35 -LRB104 03252 RLC 13274 b HB1037 - 35 - LRB104 03252 RLC 13274 b
1259	1259	HB1037 - 35 - LRB104 03252 RLC 13274 b
1260	1260	1 "victim" shall have the meanings ascribed to them in Section
1261	1261	2 11-0.1 of the Criminal Code of 2012.
1262	1262	3 (f) (Blank).
1263	1263	4 (g) Whenever a defendant is convicted of an offense under
1264	1264	5 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1265	1265	6 11-14.3, 11-14.4 except for an offense that involves keeping a
1266	1266	7 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1267	1267	8 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1268	1268	9 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1269	1269	10 Criminal Code of 2012, the defendant shall undergo medical
1270	1270	11 testing to determine whether the defendant has any sexually
1271	1271	12 transmissible disease, including a test for infection with
1272	1272	13 human immunodeficiency virus (HIV) or any other identified
1273	1273	14 causative agent of acquired immunodeficiency syndrome (AIDS).
1274	1274	15 Any such medical test shall be performed only by appropriately
1275	1275	16 licensed medical practitioners and may include an analysis of
1276	1276	17 any bodily fluids as well as an examination of the defendant's
1277	1277	18 person. Except as otherwise provided by law, the results of
1278	1278	19 such test shall be kept strictly confidential by all medical
1279	1279	20 personnel involved in the testing and must be personally
1280	1280	21 delivered in a sealed envelope to the judge of the court in
1281	1281	22 which the conviction was entered for the judge's inspection in
1282	1282	23 camera. Acting in accordance with the best interests of the
1283	1283	24 victim and the public, the judge shall have the discretion to
1284	1284	25 determine to whom, if anyone, the results of the testing may be
1285	1285	26 revealed. The court shall notify the defendant of the test
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291	HB1037 - 35 - LRB104 03252 RLC 13274 b
1292	1292
1293	1293
1294	1294	HB1037- 36 -LRB104 03252 RLC 13274 b HB1037 - 36 - LRB104 03252 RLC 13274 b
1295	1295	HB1037 - 36 - LRB104 03252 RLC 13274 b
1296	1296	1 results. The court shall also notify the victim if requested
1297	1297	2 by the victim, and if the victim is under the age of 15 and if
1298	1298	3 requested by the victim's parents or legal guardian, the court
1299	1299	4 shall notify the victim's parents or legal guardian of the
1300	1300	5 test results. The court shall provide information on the
1301	1301	6 availability of HIV testing and counseling at Department of
1302	1302	7 Public Health facilities to all parties to whom the results of
1303	1303	8 the testing are revealed and shall direct the State's Attorney
1304	1304	9 to provide the information to the victim when possible. The
1305	1305	10 court shall order that the cost of any such test shall be paid
1306	1306	11 by the county and may be taxed as costs against the convicted
1307	1307	12 defendant.
1308	1308	13 (g-5) When an inmate is tested for an airborne
1309	1309	14 communicable disease, as determined by the Illinois Department
1310	1310	15 of Public Health, including, but not limited to, tuberculosis,
1311	1311	16 the results of the test shall be personally delivered by the
1312	1312	17 warden or his or her designee in a sealed envelope to the judge
1313	1313	18 of the court in which the inmate must appear for the judge's
1314	1314	19 inspection in camera if requested by the judge. Acting in
1315	1315	20 accordance with the best interests of those in the courtroom,
1316	1316	21 the judge shall have the discretion to determine what if any
1317	1317	22 precautions need to be taken to prevent transmission of the
1318	1318	23 disease in the courtroom.
1319	1319	24 (h) Whenever a defendant is convicted of an offense under
1320	1320	25 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
1321	1321	26 defendant shall undergo medical testing to determine whether
1322	1322
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327	HB1037 - 36 - LRB104 03252 RLC 13274 b
1328	1328
1329	1329
1330	1330	HB1037- 37 -LRB104 03252 RLC 13274 b HB1037 - 37 - LRB104 03252 RLC 13274 b
1331	1331	HB1037 - 37 - LRB104 03252 RLC 13274 b
1332	1332	1 the defendant has been exposed to human immunodeficiency virus
1333	1333	2 (HIV) or any other identified causative agent of acquired
1334	1334	3 immunodeficiency syndrome (AIDS). Except as otherwise provided
1335	1335	4 by law, the results of such test shall be kept strictly
1336	1336	5 confidential by all medical personnel involved in the testing
1337	1337	6 and must be personally delivered in a sealed envelope to the
1338	1338	7 judge of the court in which the conviction was entered for the
1339	1339	8 judge's inspection in camera. Acting in accordance with the
1340	1340	9 best interests of the public, the judge shall have the
1341	1341	10 discretion to determine to whom, if anyone, the results of the
1342	1342	11 testing may be revealed. The court shall notify the defendant
1343	1343	12 of a positive test showing an infection with the human
1344	1344	13 immunodeficiency virus (HIV). The court shall provide
1345	1345	14 information on the availability of HIV testing and counseling
1346	1346	15 at Department of Public Health facilities to all parties to
1347	1347	16 whom the results of the testing are revealed and shall direct
1348	1348	17 the State's Attorney to provide the information to the victim
1349	1349	18 when possible. The court shall order that the cost of any such
1350	1350	19 test shall be paid by the county and may be taxed as costs
1351	1351	20 against the convicted defendant.
1352	1352	21 (i) All fines and penalties imposed under this Section for
1353	1353	22 any violation of Chapters 3, 4, 6, and 11 of the Illinois
1354	1354	23 Vehicle Code, or a similar provision of a local ordinance, and
1355	1355	24 any violation of the Child Passenger Protection Act, or a
1356	1356	25 similar provision of a local ordinance, shall be collected and
1357	1357	26 disbursed by the circuit clerk as provided under the Criminal
1358	1358
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363	HB1037 - 37 - LRB104 03252 RLC 13274 b
1364	1364
1365	1365
1366	1366	HB1037- 38 -LRB104 03252 RLC 13274 b HB1037 - 38 - LRB104 03252 RLC 13274 b
1367	1367	HB1037 - 38 - LRB104 03252 RLC 13274 b
1368	1368	1 and Traffic Assessment Act.
1369	1369	2 (j) In cases when prosecution for any violation of Section
1370	1370	3 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1371	1371	4 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1372	1372	5 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1373	1373	6 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1374	1374	7 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
1375	1375	8 Code of 2012, any violation of the Illinois Controlled
1376	1376	9 Substances Act, any violation of the Cannabis Control Act, or
1377	1377	10 any violation of the Methamphetamine Control and Community
1378	1378	11 Protection Act results in conviction, a disposition of court
1379	1379	12 supervision, or an order of probation granted under Section 10
1380	1380	13 of the Cannabis Control Act, Section 410 of the Illinois
1381	1381	14 Controlled Substances Act, or Section 70 of the
1382	1382	15 Methamphetamine Control and Community Protection Act of a
1383	1383	16 defendant, the court shall determine whether the defendant is
1384	1384	17 employed by a facility or center as defined under the Child
1385	1385	18 Care Act of 1969, a public or private elementary or secondary
1386	1386	19 school, or otherwise works with children under 18 years of age
1387	1387	20 on a daily basis. When a defendant is so employed, the court
1388	1388	21 shall order the Clerk of the Court to send a copy of the
1389	1389	22 judgment of conviction or order of supervision or probation to
1390	1390	23 the defendant's employer by certified mail. If the employer of
1391	1391	24 the defendant is a school, the Clerk of the Court shall direct
1392	1392	25 the mailing of a copy of the judgment of conviction or order of
1393	1393	26 supervision or probation to the appropriate regional
1394	1394
1395	1395
1396	1396
1397	1397
1398	1398
1399	1399	HB1037 - 38 - LRB104 03252 RLC 13274 b
1400	1400
1401	1401
1402	1402	HB1037- 39 -LRB104 03252 RLC 13274 b HB1037 - 39 - LRB104 03252 RLC 13274 b
1403	1403	HB1037 - 39 - LRB104 03252 RLC 13274 b
1404	1404	1 superintendent of schools. The regional superintendent of
1405	1405	2 schools shall notify the State Board of Education of any
1406	1406	3 notification under this subsection.
1407	1407	4 (j-5) A defendant at least 17 years of age who is convicted
1408	1408	5 of a felony and who has not been previously convicted of a
1409	1409	6 misdemeanor or felony and who is sentenced to a term of
1410	1410	7 imprisonment in the Illinois Department of Corrections shall
1411	1411	8 as a condition of his or her sentence be required by the court
1412	1412	9 to attend educational courses designed to prepare the
1413	1413	10 defendant for a high school diploma and to work toward a high
1414	1414	11 school diploma or to work toward passing high school
1415	1415	12 equivalency testing or to work toward completing a vocational
1416	1416	13 training program offered by the Department of Corrections. If
1417	1417	14 a defendant fails to complete the educational training
1418	1418	15 required by his or her sentence during the term of
1419	1419	16 incarceration, the Prisoner Review Board shall, as a condition
1420	1420	17 of mandatory supervised release, require the defendant, at his
1421	1421	18 or her own expense, to pursue a course of study toward a high
1422	1422	19 school diploma or passage of high school equivalency testing.
1423	1423	20 The Prisoner Review Board shall revoke the mandatory
1424	1424	21 supervised release of a defendant who wilfully fails to comply
1425	1425	22 with this subsection (j-5) upon his or her release from
1426	1426	23 confinement in a penal institution while serving a mandatory
1427	1427	24 supervised release term; however, the inability of the
1428	1428	25 defendant after making a good faith effort to obtain financial
1429	1429	26 aid or pay for the educational training shall not be deemed a
1430	1430
1431	1431
1432	1432
1433	1433
1434	1434
1435	1435	HB1037 - 39 - LRB104 03252 RLC 13274 b
1436	1436
1437	1437
1438	1438	HB1037- 40 -LRB104 03252 RLC 13274 b HB1037 - 40 - LRB104 03252 RLC 13274 b
1439	1439	HB1037 - 40 - LRB104 03252 RLC 13274 b
1440	1440	1 wilful failure to comply. The Prisoner Review Board shall
1441	1441	2 recommit the defendant whose mandatory supervised release term
1442	1442	3 has been revoked under this subsection (j-5) as provided in
1443	1443	4 Section 3-3-9. This subsection (j-5) does not apply to a
1444	1444	5 defendant who has a high school diploma or has successfully
1445	1445	6 passed high school equivalency testing. This subsection (j-5)
1446	1446	7 does not apply to a defendant who is determined by the court to
1447	1447	8 be a person with a developmental disability or otherwise
1448	1448	9 mentally incapable of completing the educational or vocational
1449	1449	10 program.
1450	1450	11 (k) (Blank).
1451	1451	12 (l)(A) Except as provided in paragraph (C) of subsection
1452	1452	13 (l), whenever a defendant, who is not a citizen or national of
1453	1453	14 the United States, is convicted of any felony or misdemeanor
1454	1454	15 offense, the court after sentencing the defendant may, upon
1455	1455	16 motion of the State's Attorney, hold sentence in abeyance and
1456	1456	17 remand the defendant to the custody of the Attorney General of
1457	1457	18 the United States or his or her designated agent to be deported
1458	1458	19 when:
1459	1459	20 (1) a final order of deportation has been issued
1460	1460	21 against the defendant pursuant to proceedings under the
1461	1461	22 Immigration and Nationality Act, and
1462	1462	23 (2) the deportation of the defendant would not
1463	1463	24 deprecate the seriousness of the defendant's conduct and
1464	1464	25 would not be inconsistent with the ends of justice.
1465	1465	26 Otherwise, the defendant shall be sentenced as provided in
1466	1466
1467	1467
1468	1468
1469	1469
1470	1470
1471	1471	HB1037 - 40 - LRB104 03252 RLC 13274 b
1472	1472
1473	1473
1474	1474	HB1037- 41 -LRB104 03252 RLC 13274 b HB1037 - 41 - LRB104 03252 RLC 13274 b
1475	1475	HB1037 - 41 - LRB104 03252 RLC 13274 b
1476	1476	1 this Chapter V.
1477	1477	2 (B) If the defendant has already been sentenced for a
1478	1478	3 felony or misdemeanor offense, or has been placed on probation
1479	1479	4 under Section 10 of the Cannabis Control Act, Section 410 of
1480	1480	5 the Illinois Controlled Substances Act, or Section 70 of the
1481	1481	6 Methamphetamine Control and Community Protection Act, the
1482	1482	7 court may, upon motion of the State's Attorney to suspend the
1483	1483	8 sentence imposed, commit the defendant to the custody of the
1484	1484	9 Attorney General of the United States or his or her designated
1485	1485	10 agent when:
1486	1486	11 (1) a final order of deportation has been issued
1487	1487	12 against the defendant pursuant to proceedings under the
1488	1488	13 Immigration and Nationality Act, and
1489	1489	14 (2) the deportation of the defendant would not
1490	1490	15 deprecate the seriousness of the defendant's conduct and
1491	1491	16 would not be inconsistent with the ends of justice.
1492	1492	17 (C) This subsection (l) does not apply to offenders who
1493	1493	18 are subject to the provisions of paragraph (2) of subsection
1494	1494	19 (a) of Section 3-6-3.
1495	1495	20 (D) Upon motion of the State's Attorney, if a defendant
1496	1496	21 sentenced under this Section returns to the jurisdiction of
1497	1497	22 the United States, the defendant shall be recommitted to the
1498	1498	23 custody of the county from which he or she was sentenced.
1499	1499	24 Thereafter, the defendant shall be brought before the
1500	1500	25 sentencing court, which may impose any sentence that was
1501	1501	26 available under Section 5-5-3 at the time of initial
1502	1502
1503	1503
1504	1504
1505	1505
1506	1506
1507	1507	HB1037 - 41 - LRB104 03252 RLC 13274 b
1508	1508
1509	1509
1510	1510	HB1037- 42 -LRB104 03252 RLC 13274 b HB1037 - 42 - LRB104 03252 RLC 13274 b
1511	1511	HB1037 - 42 - LRB104 03252 RLC 13274 b
1512	1512	1 sentencing. In addition, the defendant shall not be eligible
1513	1513	2 for additional earned sentence credit as provided under
1514	1514	3 Section 3-6-3.
1515	1515	4 (m) A person convicted of criminal defacement of property
1516	1516	5 under Section 21-1.3 of the Criminal Code of 1961 or the
1517	1517	6 Criminal Code of 2012, in which the property damage exceeds
1518	1518	7 $300 and the property damaged is a school building, shall be
1519	1519	8 ordered to perform community service that may include cleanup,
1520	1520	9 removal, or painting over the defacement.
1521	1521	10 (n) The court may sentence a person convicted of a
1522	1522	11 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
1523	1523	12 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
1524	1524	13 of 1961 or the Criminal Code of 2012 (i) to an impact
1525	1525	14 incarceration program if the person is otherwise eligible for
1526	1526	15 that program under Section 5-8-1.1, (ii) to community service,
1527	1527	16 or (iii) if the person has a substance use disorder, as defined
1528	1528	17 in the Substance Use Disorder Act, to a treatment program
1529	1529	18 licensed under that Act.
1530	1530	19 (o) Whenever a person is convicted of a sex offense as
1531	1531	20 defined in Section 2 of the Sex Offender Registration Act, the
1532	1532	21 defendant's driver's license or permit shall be subject to
1533	1533	22 renewal on an annual basis in accordance with the provisions
1534	1534	23 of license renewal established by the Secretary of State.
1535	1535	24 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
1536	1536	25 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
1537	1537	26 1-1-24.)
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542
1543	1543	HB1037 - 42 - LRB104 03252 RLC 13274 b
1544	1544
1545	1545
1546	1546	HB1037- 43 -LRB104 03252 RLC 13274 b HB1037 - 43 - LRB104 03252 RLC 13274 b
1547	1547	HB1037 - 43 - LRB104 03252 RLC 13274 b
1548	1548	1 (Text of Section after amendment by P.A. 103-825)
1549	1549	2 Sec. 5-5-3. Disposition.
1550	1550	3 (a) (Blank).
1551	1551	4 (b) (Blank).
1552	1552	5 (c)(1) (Blank).
1553	1553	6 (2) A period of probation, a term of periodic imprisonment
1554	1554	7 or conditional discharge shall not be imposed for the
1555	1555	8 following offenses. The court shall sentence the offender to
1556	1556	9 not less than the minimum term of imprisonment set forth in
1557	1557	10 this Code for the following offenses, and may order a fine or
1558	1558	11 restitution or both in conjunction with such term of
1559	1559	12 imprisonment:
1560	1560	13 (A) First degree murder.
1561	1561	14 (B) Attempted first degree murder.
1562	1562	15 (C) A Class X felony.
1563	1563	16 (D) A violation of Section 401.1 or 407 of the
1564	1564	17 Illinois Controlled Substances Act, or a violation of
1565	1565	18 subdivision (c)(1.5) of Section 401 of that Act which
1566	1566	19 relates to more than 5 grams of a substance containing
1567	1567	20 fentanyl or an analog thereof.
1568	1568	21 (D-5) A violation of subdivision (c)(1) of Section 401
1569	1569	22 of the Illinois Controlled Substances Act which relates to
1570	1570	23 3 or more grams of a substance containing heroin or an
1571	1571	24 analog thereof.
1572	1572	25 (E) (Blank).
1573	1573
1574	1574
1575	1575
1576	1576
1577	1577
1578	1578	HB1037 - 43 - LRB104 03252 RLC 13274 b
1579	1579
1580	1580
1581	1581	HB1037- 44 -LRB104 03252 RLC 13274 b HB1037 - 44 - LRB104 03252 RLC 13274 b
1582	1582	HB1037 - 44 - LRB104 03252 RLC 13274 b
1583	1583	1 (F) A Class 1 or greater felony if the offender had
1584	1584	2 been convicted of a Class 1 or greater felony, including
1585	1585	3 any state or federal conviction for an offense that
1586	1586	4 contained, at the time it was committed, the same elements
1587	1587	5 as an offense now (the date of the offense committed after
1588	1588	6 the prior Class 1 or greater felony) classified as a Class
1589	1589	7 1 or greater felony, within 10 years of the date on which
1590	1590	8 the offender committed the offense for which he or she is
1591	1591	9 being sentenced, except as otherwise provided in Section
1592	1592	10 40-10 of the Substance Use Disorder Act.
1593	1593	11 (F-3) A Class 2 or greater felony sex offense or
1594	1594	12 felony firearm offense if the offender had been convicted
1595	1595	13 of a Class 2 or greater felony, including any state or
1596	1596	14 federal conviction for an offense that contained, at the
1597	1597	15 time it was committed, the same elements as an offense now
1598	1598	16 (the date of the offense committed after the prior Class 2
1599	1599	17 or greater felony) classified as a Class 2 or greater
1600	1600	18 felony, within 10 years of the date on which the offender
1601	1601	19 committed the offense for which he or she is being
1602	1602	20 sentenced, except as otherwise provided in Section 40-10
1603	1603	21 of the Substance Use Disorder Act.
1604	1604	22 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
1605	1605	23 of the Criminal Code of 1961 or the Criminal Code of 2012
1606	1606	24 for which imprisonment is prescribed in those Sections.
1607	1607	25 (G) Residential burglary, except as otherwise provided
1608	1608	26 in Section 40-10 of the Substance Use Disorder Act.
1609	1609
1610	1610
1611	1611
1612	1612
1613	1613
1614	1614	HB1037 - 44 - LRB104 03252 RLC 13274 b
1615	1615
1616	1616
1617	1617	HB1037- 45 -LRB104 03252 RLC 13274 b HB1037 - 45 - LRB104 03252 RLC 13274 b
1618	1618	HB1037 - 45 - LRB104 03252 RLC 13274 b
1619	1619	1 (H) Criminal sexual assault.
1620	1620	2 (I) Aggravated battery of a senior citizen as
1621	1621	3 described in Section 12-4.6 or subdivision (a)(4) of
1622	1622	4 Section 12-3.05 of the Criminal Code of 1961 or the
1623	1623	5 Criminal Code of 2012.
1624	1624	6 (J) A forcible felony if the offense was related to
1625	1625	7 the activities of an organized gang.
1626	1626	8 Before July 1, 1994, for the purposes of this
1627	1627	9 paragraph, "organized gang" means an association of 5 or
1628	1628	10 more persons, with an established hierarchy, that
1629	1629	11 encourages members of the association to perpetrate crimes
1630	1630	12 or provides support to the members of the association who
1631	1631	13 do commit crimes.
1632	1632	14 Beginning July 1, 1994, for the purposes of this
1633	1633	15 paragraph, "organized gang" has the meaning ascribed to it
1634	1634	16 in Section 10 of the Illinois Streetgang Terrorism Omnibus
1635	1635	17 Prevention Act.
1636	1636	18 (K) Vehicular hijacking.
1637	1637	19 (L) A second or subsequent conviction for the offense
1638	1638	20 of hate crime when the underlying offense upon which the
1639	1639	21 hate crime is based is felony aggravated assault or felony
1640	1640	22 mob action.
1641	1641	23 (M) A second or subsequent conviction for the offense
1642	1642	24 of institutional vandalism if the damage to the property
1643	1643	25 exceeds $300.
1644	1644	26 (N) A Class 3 felony violation of paragraph (1) of
1645	1645
1646	1646
1647	1647
1648	1648
1649	1649
1650	1650	HB1037 - 45 - LRB104 03252 RLC 13274 b
1651	1651
1652	1652
1653	1653	HB1037- 46 -LRB104 03252 RLC 13274 b HB1037 - 46 - LRB104 03252 RLC 13274 b
1654	1654	HB1037 - 46 - LRB104 03252 RLC 13274 b
1655	1655	1 subsection (a) of Section 2 of the Firearm Owners
1656	1656	2 Identification Card Act.
1657	1657	3 (O) A violation of Section 12-6.1 or 12-6.5 of the
1658	1658	4 Criminal Code of 1961 or the Criminal Code of 2012.
1659	1659	5 (P) A violation of paragraph (1), (2), (3), (4), (5),
1660	1660	6 or (7) of subsection (a) of Section 11-20.1 of the
1661	1661	7 Criminal Code of 1961 or the Criminal Code of 2012.
1662	1662	8 (P-5) A violation of paragraph (6) of subsection (a)
1663	1663	9 of Section 11-20.1 of the Criminal Code of 1961 or the
1664	1664	10 Criminal Code of 2012 if the victim is a household or
1665	1665	11 family member of the defendant.
1666	1666	12 (P-6) A violation of paragraph (2) of subsection (b)
1667	1667	13 of Section 11-20.4 of the Criminal Code of 2012.
1668	1668	14 (Q) A violation of subsection (b) or (b-5) of Section
1669	1669	15 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
1670	1670	16 Code of 1961 or the Criminal Code of 2012.
1671	1671	17 (R) A violation of Section 24-3A of the Criminal Code
1672	1672	18 of 1961 or the Criminal Code of 2012.
1673	1673	19 (S) (Blank).
1674	1674	20 (T) (Blank).
1675	1675	21 (U) A second or subsequent violation of Section 6-303
1676	1676	22 of the Illinois Vehicle Code committed while his or her
1677	1677	23 driver's license, permit, or privilege was revoked because
1678	1678	24 of a violation of Section 9-3 of the Criminal Code of 1961
1679	1679	25 or the Criminal Code of 2012, relating to the offense of
1680	1680	26 reckless homicide, or a similar provision of a law of
1681	1681
1682	1682
1683	1683
1684	1684
1685	1685
1686	1686	HB1037 - 46 - LRB104 03252 RLC 13274 b
1687	1687
1688	1688
1689	1689	HB1037- 47 -LRB104 03252 RLC 13274 b HB1037 - 47 - LRB104 03252 RLC 13274 b
1690	1690	HB1037 - 47 - LRB104 03252 RLC 13274 b
1691	1691	1 another state.
1692	1692	2 (V) A violation of paragraph (4) of subsection (c) of
1693	1693	3 Section 11-20.1B or paragraph (4) of subsection (c) of
1694	1694	4 Section 11-20.3 of the Criminal Code of 1961, or paragraph
1695	1695	5 (6) of subsection (a) of Section 11-20.1 of the Criminal
1696	1696	6 Code of 2012 when the victim is under 13 years of age and
1697	1697	7 the defendant has previously been convicted under the laws
1698	1698	8 of this State or any other state of the offense of child
1699	1699	9 pornography, aggravated child pornography, aggravated
1700	1700	10 criminal sexual abuse, aggravated criminal sexual assault,
1701	1701	11 predatory criminal sexual assault of a child, or any of
1702	1702	12 the offenses formerly known as rape, deviate sexual
1703	1703	13 assault, indecent liberties with a child, or aggravated
1704	1704	14 indecent liberties with a child where the victim was under
1705	1705	15 the age of 18 years or an offense that is substantially
1706	1706	16 equivalent to those offenses.
1707	1707	17 (V-5) A violation of paragraph (1) of subsection (b)
1708	1708	18 of Section 11-20.4 of the Criminal Code of 2012 when the
1709	1709	19 victim is under 13 years of age and the defendant has
1710	1710	20 previously been convicted under the laws of this State or
1711	1711	21 any other state of the offense of child pornography,
1712	1712	22 aggravated child pornography, aggravated criminal sexual
1713	1713	23 abuse, aggravated criminal sexual assault, predatory
1714	1714	24 criminal sexual assault of a child, or any of the offenses
1715	1715	25 formerly known as rape, deviate sexual assault, indecent
1716	1716	26 liberties with a child, or aggravated indecent liberties
1717	1717
1718	1718
1719	1719
1720	1720
1721	1721
1722	1722	HB1037 - 47 - LRB104 03252 RLC 13274 b
1723	1723
1724	1724
1725	1725	HB1037- 48 -LRB104 03252 RLC 13274 b HB1037 - 48 - LRB104 03252 RLC 13274 b
1726	1726	HB1037 - 48 - LRB104 03252 RLC 13274 b
1727	1727	1 with a child if the victim was under the age of 18 years or
1728	1728	2 an offense that is substantially equivalent to those
1729	1729	3 offenses.
1730	1730	4 (W) A violation of Section 24-3.5 of the Criminal Code
1731	1731	5 of 1961 or the Criminal Code of 2012.
1732	1732	6 (X) A violation of subsection (a) of Section 31-1a of
1733	1733	7 the Criminal Code of 1961 or the Criminal Code of 2012.
1734	1734	8 (Y) A conviction for unlawful possession of a firearm
1735	1735	9 by a street gang member when the firearm was loaded or
1736	1736	10 contained firearm ammunition.
1737	1737	11 (Z) A Class 1 felony committed while he or she was
1738	1738	12 serving a term of probation or conditional discharge for a
1739	1739	13 felony.
1740	1740	14 (AA) Theft of property exceeding $500,000 and not
1741	1741	15 exceeding $1,000,000 in value.
1742	1742	16 (BB) Laundering of criminally derived property of a
1743	1743	17 value exceeding $500,000.
1744	1744	18 (CC) Knowingly selling, offering for sale, holding for
1745	1745	19 sale, or using 2,000 or more counterfeit items or
1746	1746	20 counterfeit items having a retail value in the aggregate
1747	1747	21 of $500,000 or more.
1748	1748	22 (DD) A conviction for aggravated assault under
1749	1749	23 paragraph (6) of subsection (c) of Section 12-2 of the
1750	1750	24 Criminal Code of 1961 or the Criminal Code of 2012 if the
1751	1751	25 firearm is aimed toward the person against whom the
1752	1752	26 firearm is being used.
1753	1753
1754	1754
1755	1755
1756	1756
1757	1757
1758	1758	HB1037 - 48 - LRB104 03252 RLC 13274 b
1759	1759
1760	1760
1761	1761	HB1037- 49 -LRB104 03252 RLC 13274 b HB1037 - 49 - LRB104 03252 RLC 13274 b
1762	1762	HB1037 - 49 - LRB104 03252 RLC 13274 b
1763	1763	1 (EE) A conviction for a violation of paragraph (2) of
1764	1764	2 subsection (a) of Section 24-3B of the Criminal Code of
1765	1765	3 2012.
1766	1766	4 (FF) A second or subsequent conviction for a violation
1767	1767	5 of paragraph (m) or (n) of subsection (A) of Section 24-3
1768	1768	6 of the Criminal Code of 2012.
1769	1769	7 (3) (Blank).
1770	1770	8 (4) A minimum term of imprisonment of not less than 10
1771	1771	9 consecutive days or 30 days of community service shall be
1772	1772	10 imposed for a violation of paragraph (c) of Section 6-303 of
1773	1773	11 the Illinois Vehicle Code.
1774	1774	12 (4.1) (Blank).
1775	1775	13 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
1776	1776	14 this subsection (c), a minimum of 100 hours of community
1777	1777	15 service shall be imposed for a second violation of Section
1778	1778	16 6-303 of the Illinois Vehicle Code.
1779	1779	17 (4.3) A minimum term of imprisonment of 30 days or 300
1780	1780	18 hours of community service, as determined by the court, shall
1781	1781	19 be imposed for a second violation of subsection (c) of Section
1782	1782	20 6-303 of the Illinois Vehicle Code.
1783	1783	21 (4.4) Except as provided in paragraphs (4.5), (4.6), and
1784	1784	22 (4.9) of this subsection (c), a minimum term of imprisonment
1785	1785	23 of 30 days or 300 hours of community service, as determined by
1786	1786	24 the court, shall be imposed for a third or subsequent
1787	1787	25 violation of Section 6-303 of the Illinois Vehicle Code. The
1788	1788	26 court may give credit toward the fulfillment of community
1789	1789
1790	1790
1791	1791
1792	1792
1793	1793
1794	1794	HB1037 - 49 - LRB104 03252 RLC 13274 b
1795	1795
1796	1796
1797	1797	HB1037- 50 -LRB104 03252 RLC 13274 b HB1037 - 50 - LRB104 03252 RLC 13274 b
1798	1798	HB1037 - 50 - LRB104 03252 RLC 13274 b
1799	1799	1 service hours for participation in activities and treatment as
1800	1800	2 determined by court services.
1801	1801	3 (4.5) A minimum term of imprisonment of 30 days shall be
1802	1802	4 imposed for a third violation of subsection (c) of Section
1803	1803	5 6-303 of the Illinois Vehicle Code.
1804	1804	6 (4.6) Except as provided in paragraph (4.10) of this
1805	1805	7 subsection (c), a minimum term of imprisonment of 180 days
1806	1806	8 shall be imposed for a fourth or subsequent violation of
1807	1807	9 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
1808	1808	10 (4.7) A minimum term of imprisonment of not less than 30
1809	1809	11 consecutive days, or 300 hours of community service, shall be
1810	1810	12 imposed for a violation of subsection (a-5) of Section 6-303
1811	1811	13 of the Illinois Vehicle Code, as provided in subsection (b-5)
1812	1812	14 of that Section.
1813	1813	15 (4.8) A mandatory prison sentence shall be imposed for a
1814	1814	16 second violation of subsection (a-5) of Section 6-303 of the
1815	1815	17 Illinois Vehicle Code, as provided in subsection (c-5) of that
1816	1816	18 Section. The person's driving privileges shall be revoked for
1817	1817	19 a period of not less than 5 years from the date of his or her
1818	1818	20 release from prison.
1819	1819	21 (4.9) A mandatory prison sentence of not less than 4 and
1820	1820	22 not more than 15 years shall be imposed for a third violation
1821	1821	23 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1822	1822	24 Code, as provided in subsection (d-2.5) of that Section. The
1823	1823	25 person's driving privileges shall be revoked for the remainder
1824	1824	26 of his or her life.
1825	1825
1826	1826
1827	1827
1828	1828
1829	1829
1830	1830	HB1037 - 50 - LRB104 03252 RLC 13274 b
1831	1831
1832	1832
1833	1833	HB1037- 51 -LRB104 03252 RLC 13274 b HB1037 - 51 - LRB104 03252 RLC 13274 b
1834	1834	HB1037 - 51 - LRB104 03252 RLC 13274 b
1835	1835	1 (4.10) A mandatory prison sentence for a Class 1 felony
1836	1836	2 shall be imposed, and the person shall be eligible for an
1837	1837	3 extended term sentence, for a fourth or subsequent violation
1838	1838	4 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1839	1839	5 Code, as provided in subsection (d-3.5) of that Section. The
1840	1840	6 person's driving privileges shall be revoked for the remainder
1841	1841	7 of his or her life.
1842	1842	8 (5) The court may sentence a corporation or unincorporated
1843	1843	9 association convicted of any offense to:
1844	1844	10 (A) a period of conditional discharge;
1845	1845	11 (B) a fine;
1846	1846	12 (C) make restitution to the victim under Section 5-5-6
1847	1847	13 of this Code.
1848	1848	14 (5.1) In addition to any other penalties imposed, and
1849	1849	15 except as provided in paragraph (5.2) or (5.3), a person
1850	1850	16 convicted of violating subsection (c) of Section 11-907 of the
1851	1851	17 Illinois Vehicle Code shall have his or her driver's license,
1852	1852	18 permit, or privileges suspended for at least 90 days but not
1853	1853	19 more than one year, if the violation resulted in damage to the
1854	1854	20 property of another person.
1855	1855	21 (5.2) In addition to any other penalties imposed, and
1856	1856	22 except as provided in paragraph (5.3), a person convicted of
1857	1857	23 violating subsection (c) of Section 11-907 of the Illinois
1858	1858	24 Vehicle Code shall have his or her driver's license, permit,
1859	1859	25 or privileges suspended for at least 180 days but not more than
1860	1860	26 2 years, if the violation resulted in injury to another
1861	1861
1862	1862
1863	1863
1864	1864
1865	1865
1866	1866	HB1037 - 51 - LRB104 03252 RLC 13274 b
1867	1867
1868	1868
1869	1869	HB1037- 52 -LRB104 03252 RLC 13274 b HB1037 - 52 - LRB104 03252 RLC 13274 b
1870	1870	HB1037 - 52 - LRB104 03252 RLC 13274 b
1871	1871	1 person.
1872	1872	2 (5.3) In addition to any other penalties imposed, a person
1873	1873	3 convicted of violating subsection (c) of Section 11-907 of the
1874	1874	4 Illinois Vehicle Code shall have his or her driver's license,
1875	1875	5 permit, or privileges suspended for 2 years, if the violation
1876	1876	6 resulted in the death of another person.
1877	1877	7 (5.4) In addition to any other penalties imposed, a person
1878	1878	8 convicted of violating Section 3-707 of the Illinois Vehicle
1879	1879	9 Code shall have his or her driver's license, permit, or
1880	1880	10 privileges suspended for 3 months and until he or she has paid
1881	1881	11 a reinstatement fee of $100.
1882	1882	12 (5.5) In addition to any other penalties imposed, a person
1883	1883	13 convicted of violating Section 3-707 of the Illinois Vehicle
1884	1884	14 Code during a period in which his or her driver's license,
1885	1885	15 permit, or privileges were suspended for a previous violation
1886	1886	16 of that Section shall have his or her driver's license,
1887	1887	17 permit, or privileges suspended for an additional 6 months
1888	1888	18 after the expiration of the original 3-month suspension and
1889	1889	19 until he or she has paid a reinstatement fee of $100.
1890	1890	20 (6) (Blank).
1891	1891	21 (7) (Blank).
1892	1892	22 (8) (Blank).
1893	1893	23 (9) A defendant convicted of a second or subsequent
1894	1894	24 offense of ritualized abuse of a child may be sentenced to a
1895	1895	25 term of natural life imprisonment.
1896	1896	26 (10) (Blank).
1897	1897
1898	1898
1899	1899
1900	1900
1901	1901
1902	1902	HB1037 - 52 - LRB104 03252 RLC 13274 b
1903	1903
1904	1904
1905	1905	HB1037- 53 -LRB104 03252 RLC 13274 b HB1037 - 53 - LRB104 03252 RLC 13274 b
1906	1906	HB1037 - 53 - LRB104 03252 RLC 13274 b
1907	1907	1 (11) The court shall impose a minimum fine of $1,000 for a
1908	1908	2 first offense and $2,000 for a second or subsequent offense
1909	1909	3 upon a person convicted of or placed on supervision for
1910	1910	4 battery when the individual harmed was a sports official or
1911	1911	5 coach at any level of competition and the act causing harm to
1912	1912	6 the sports official or coach occurred within an athletic
1913	1913	7 facility or within the immediate vicinity of the athletic
1914	1914	8 facility at which the sports official or coach was an active
1915	1915	9 participant of the athletic contest held at the athletic
1916	1916	10 facility. For the purposes of this paragraph (11), "sports
1917	1917	11 official" means a person at an athletic contest who enforces
1918	1918	12 the rules of the contest, such as an umpire or referee;
1919	1919	13 "athletic facility" means an indoor or outdoor playing field
1920	1920	14 or recreational area where sports activities are conducted;
1921	1921	15 and "coach" means a person recognized as a coach by the
1922	1922	16 sanctioning authority that conducted the sporting event.
1923	1923	17 (12) A person may not receive a disposition of court
1924	1924	18 supervision for a violation of Section 5-16 of the Boat
1925	1925	19 Registration and Safety Act if that person has previously
1926	1926	20 received a disposition of court supervision for a violation of
1927	1927	21 that Section.
1928	1928	22 (13) A person convicted of or placed on court supervision
1929	1929	23 for an assault or aggravated assault when the victim and the
1930	1930	24 offender are family or household members as defined in Section
1931	1931	25 103 of the Illinois Domestic Violence Act of 1986 or convicted
1932	1932	26 of domestic battery or aggravated domestic battery may be
1933	1933
1934	1934
1935	1935
1936	1936
1937	1937
1938	1938	HB1037 - 53 - LRB104 03252 RLC 13274 b
1939	1939
1940	1940
1941	1941	HB1037- 54 -LRB104 03252 RLC 13274 b HB1037 - 54 - LRB104 03252 RLC 13274 b
1942	1942	HB1037 - 54 - LRB104 03252 RLC 13274 b
1943	1943	1 required to attend a Partner Abuse Intervention Program under
1944	1944	2 protocols set forth by the Illinois Department of Human
1945	1945	3 Services under such terms and conditions imposed by the court.
1946	1946	4 The costs of such classes shall be paid by the offender.
1947	1947	5 (d) In any case in which a sentence originally imposed is
1948	1948	6 vacated, the case shall be remanded to the trial court. The
1949	1949	7 trial court shall hold a hearing under Section 5-4-1 of this
1950	1950	8 Code which may include evidence of the defendant's life, moral
1951	1951	9 character and occupation during the time since the original
1952	1952	10 sentence was passed. The trial court shall then impose
1953	1953	11 sentence upon the defendant. The trial court may impose any
1954	1954	12 sentence which could have been imposed at the original trial
1955	1955	13 subject to Section 5-5-4 of this Code. If a sentence is vacated
1956	1956	14 on appeal or on collateral attack due to the failure of the
1957	1957	15 trier of fact at trial to determine beyond a reasonable doubt
1958	1958	16 the existence of a fact (other than a prior conviction)
1959	1959	17 necessary to increase the punishment for the offense beyond
1960	1960	18 the statutory maximum otherwise applicable, either the
1961	1961	19 defendant may be re-sentenced to a term within the range
1962	1962	20 otherwise provided or, if the State files notice of its
1963	1963	21 intention to again seek the extended sentence, the defendant
1964	1964	22 shall be afforded a new trial.
1965	1965	23 (e) In cases where prosecution for aggravated criminal
1966	1966	24 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1967	1967	25 Code of 1961 or the Criminal Code of 2012 results in conviction
1968	1968	26 of a defendant who was a family member of the victim at the
1969	1969
1970	1970
1971	1971
1972	1972
1973	1973
1974	1974	HB1037 - 54 - LRB104 03252 RLC 13274 b
1975	1975
1976	1976
1977	1977	HB1037- 55 -LRB104 03252 RLC 13274 b HB1037 - 55 - LRB104 03252 RLC 13274 b
1978	1978	HB1037 - 55 - LRB104 03252 RLC 13274 b
1979	1979	1 time of the commission of the offense, the court shall
1980	1980	2 consider the safety and welfare of the victim and may impose a
1981	1981	3 sentence of probation only where:
1982	1982	4 (1) the court finds (A) or (B) or both are
1983	1983	5 appropriate:
1984	1984	6 (A) the defendant is willing to undergo a court
1985	1985	7 approved counseling program for a minimum duration of
1986	1986	8 2 years; or
1987	1987	9 (B) the defendant is willing to participate in a
1988	1988	10 court approved plan, including, but not limited to,
1989	1989	11 the defendant's:
1990	1990	12 (i) removal from the household;
1991	1991	13 (ii) restricted contact with the victim;
1992	1992	14 (iii) continued financial support of the
1993	1993	15 family;
1994	1994	16 (iv) restitution for harm done to the victim;
1995	1995	17 and
1996	1996	18 (v) compliance with any other measures that
1997	1997	19 the court may deem appropriate; and
1998	1998	20 (2) the court orders the defendant to pay for the
1999	1999	21 victim's counseling services, to the extent that the court
2000	2000	22 finds, after considering the defendant's income and
2001	2001	23 assets, that the defendant is financially capable of
2002	2002	24 paying for such services, if the victim was under 18 years
2003	2003	25 of age at the time the offense was committed and requires
2004	2004	26 counseling as a result of the offense.
2005	2005
2006	2006
2007	2007
2008	2008
2009	2009
2010	2010	HB1037 - 55 - LRB104 03252 RLC 13274 b
2011	2011
2012	2012
2013	2013	HB1037- 56 -LRB104 03252 RLC 13274 b HB1037 - 56 - LRB104 03252 RLC 13274 b
2014	2014	HB1037 - 56 - LRB104 03252 RLC 13274 b
2015	2015	1 Probation may be revoked or modified pursuant to Section
2016	2016	2 5-6-4; except where the court determines at the hearing that
2017	2017	3 the defendant violated a condition of his or her probation
2018	2018	4 restricting contact with the victim or other family members or
2019	2019	5 commits another offense with the victim or other family
2020	2020	6 members, the court shall revoke the defendant's probation and
2021	2021	7 impose a term of imprisonment.
2022	2022	8 For the purposes of this Section, "family member" and
2023	2023	9 "victim" shall have the meanings ascribed to them in Section
2024	2024	10 11-0.1 of the Criminal Code of 2012.
2025	2025	11 (f) (Blank).
2026	2026	12 (g) Whenever a defendant is convicted of an offense under
2027	2027	13 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2028	2028	14 11-14.3, 11-14.4 except for an offense that involves keeping a
2029	2029	15 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2030	2030	16 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2031	2031	17 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
2032	2032	18 Criminal Code of 2012, the defendant shall undergo medical
2033	2033	19 testing to determine whether the defendant has any sexually
2034	2034	20 transmissible disease, including a test for infection with
2035	2035	21 human immunodeficiency virus (HIV) or any other identified
2036	2036	22 causative agent of acquired immunodeficiency syndrome (AIDS).
2037	2037	23 Any such medical test shall be performed only by appropriately
2038	2038	24 licensed medical practitioners and may include an analysis of
2039	2039	25 any bodily fluids as well as an examination of the defendant's
2040	2040	26 person. Except as otherwise provided by law, the results of
2041	2041
2042	2042
2043	2043
2044	2044
2045	2045
2046	2046	HB1037 - 56 - LRB104 03252 RLC 13274 b
2047	2047
2048	2048
2049	2049	HB1037- 57 -LRB104 03252 RLC 13274 b HB1037 - 57 - LRB104 03252 RLC 13274 b
2050	2050	HB1037 - 57 - LRB104 03252 RLC 13274 b
2051	2051	1 such test shall be kept strictly confidential by all medical
2052	2052	2 personnel involved in the testing and must be personally
2053	2053	3 delivered in a sealed envelope to the judge of the court in
2054	2054	4 which the conviction was entered for the judge's inspection in
2055	2055	5 camera. Acting in accordance with the best interests of the
2056	2056	6 victim and the public, the judge shall have the discretion to
2057	2057	7 determine to whom, if anyone, the results of the testing may be
2058	2058	8 revealed. The court shall notify the defendant of the test
2059	2059	9 results. The court shall also notify the victim if requested
2060	2060	10 by the victim, and if the victim is under the age of 15 and if
2061	2061	11 requested by the victim's parents or legal guardian, the court
2062	2062	12 shall notify the victim's parents or legal guardian of the
2063	2063	13 test results. The court shall provide information on the
2064	2064	14 availability of HIV testing and counseling at Department of
2065	2065	15 Public Health facilities to all parties to whom the results of
2066	2066	16 the testing are revealed and shall direct the State's Attorney
2067	2067	17 to provide the information to the victim when possible. The
2068	2068	18 court shall order that the cost of any such test shall be paid
2069	2069	19 by the county and may be taxed as costs against the convicted
2070	2070	20 defendant.
2071	2071	21 (g-5) When an inmate is tested for an airborne
2072	2072	22 communicable disease, as determined by the Illinois Department
2073	2073	23 of Public Health, including, but not limited to, tuberculosis,
2074	2074	24 the results of the test shall be personally delivered by the
2075	2075	25 warden or his or her designee in a sealed envelope to the judge
2076	2076	26 of the court in which the inmate must appear for the judge's
2077	2077
2078	2078
2079	2079
2080	2080
2081	2081
2082	2082	HB1037 - 57 - LRB104 03252 RLC 13274 b
2083	2083
2084	2084
2085	2085	HB1037- 58 -LRB104 03252 RLC 13274 b HB1037 - 58 - LRB104 03252 RLC 13274 b
2086	2086	HB1037 - 58 - LRB104 03252 RLC 13274 b
2087	2087	1 inspection in camera if requested by the judge. Acting in
2088	2088	2 accordance with the best interests of those in the courtroom,
2089	2089	3 the judge shall have the discretion to determine what if any
2090	2090	4 precautions need to be taken to prevent transmission of the
2091	2091	5 disease in the courtroom.
2092	2092	6 (h) Whenever a defendant is convicted of an offense under
2093	2093	7 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
2094	2094	8 defendant shall undergo medical testing to determine whether
2095	2095	9 the defendant has been exposed to human immunodeficiency virus
2096	2096	10 (HIV) or any other identified causative agent of acquired
2097	2097	11 immunodeficiency syndrome (AIDS). Except as otherwise provided
2098	2098	12 by law, the results of such test shall be kept strictly
2099	2099	13 confidential by all medical personnel involved in the testing
2100	2100	14 and must be personally delivered in a sealed envelope to the
2101	2101	15 judge of the court in which the conviction was entered for the
2102	2102	16 judge's inspection in camera. Acting in accordance with the
2103	2103	17 best interests of the public, the judge shall have the
2104	2104	18 discretion to determine to whom, if anyone, the results of the
2105	2105	19 testing may be revealed. The court shall notify the defendant
2106	2106	20 of a positive test showing an infection with the human
2107	2107	21 immunodeficiency virus (HIV). The court shall provide
2108	2108	22 information on the availability of HIV testing and counseling
2109	2109	23 at Department of Public Health facilities to all parties to
2110	2110	24 whom the results of the testing are revealed and shall direct
2111	2111	25 the State's Attorney to provide the information to the victim
2112	2112	26 when possible. The court shall order that the cost of any such
2113	2113
2114	2114
2115	2115
2116	2116
2117	2117
2118	2118	HB1037 - 58 - LRB104 03252 RLC 13274 b
2119	2119
2120	2120
2121	2121	HB1037- 59 -LRB104 03252 RLC 13274 b HB1037 - 59 - LRB104 03252 RLC 13274 b
2122	2122	HB1037 - 59 - LRB104 03252 RLC 13274 b
2123	2123	1 test shall be paid by the county and may be taxed as costs
2124	2124	2 against the convicted defendant.
2125	2125	3 (i) All fines and penalties imposed under this Section for
2126	2126	4 any violation of Chapters 3, 4, 6, and 11 of the Illinois
2127	2127	5 Vehicle Code, or a similar provision of a local ordinance, and
2128	2128	6 any violation of the Child Passenger Protection Act, or a
2129	2129	7 similar provision of a local ordinance, shall be collected and
2130	2130	8 disbursed by the circuit clerk as provided under the Criminal
2131	2131	9 and Traffic Assessment Act.
2132	2132	10 (j) In cases when prosecution for any violation of Section
2133	2133	11 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2134	2134	12 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2135	2135	13 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2136	2136	14 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
2137	2137	15 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
2138	2138	16 Criminal Code of 2012, any violation of the Illinois
2139	2139	17 Controlled Substances Act, any violation of the Cannabis
2140	2140	18 Control Act, or any violation of the Methamphetamine Control
2141	2141	19 and Community Protection Act results in conviction, a
2142	2142	20 disposition of court supervision, or an order of probation
2143	2143	21 granted under Section 10 of the Cannabis Control Act, Section
2144	2144	22 410 of the Illinois Controlled Substances Act, or Section 70
2145	2145	23 of the Methamphetamine Control and Community Protection Act of
2146	2146	24 a defendant, the court shall determine whether the defendant
2147	2147	25 is employed by a facility or center as defined under the Child
2148	2148	26 Care Act of 1969, a public or private elementary or secondary
2149	2149
2150	2150
2151	2151
2152	2152
2153	2153
2154	2154	HB1037 - 59 - LRB104 03252 RLC 13274 b
2155	2155
2156	2156
2157	2157	HB1037- 60 -LRB104 03252 RLC 13274 b HB1037 - 60 - LRB104 03252 RLC 13274 b
2158	2158	HB1037 - 60 - LRB104 03252 RLC 13274 b
2159	2159	1 school, or otherwise works with children under 18 years of age
2160	2160	2 on a daily basis. When a defendant is so employed, the court
2161	2161	3 shall order the Clerk of the Court to send a copy of the
2162	2162	4 judgment of conviction or order of supervision or probation to
2163	2163	5 the defendant's employer by certified mail. If the employer of
2164	2164	6 the defendant is a school, the Clerk of the Court shall direct
2165	2165	7 the mailing of a copy of the judgment of conviction or order of
2166	2166	8 supervision or probation to the appropriate regional
2167	2167	9 superintendent of schools. The regional superintendent of
2168	2168	10 schools shall notify the State Board of Education of any
2169	2169	11 notification under this subsection.
2170	2170	12 (j-5) A defendant at least 17 years of age who is convicted
2171	2171	13 of a felony and who has not been previously convicted of a
2172	2172	14 misdemeanor or felony and who is sentenced to a term of
2173	2173	15 imprisonment in the Illinois Department of Corrections shall
2174	2174	16 as a condition of his or her sentence be required by the court
2175	2175	17 to attend educational courses designed to prepare the
2176	2176	18 defendant for a high school diploma and to work toward a high
2177	2177	19 school diploma or to work toward passing high school
2178	2178	20 equivalency testing or to work toward completing a vocational
2179	2179	21 training program offered by the Department of Corrections. If
2180	2180	22 a defendant fails to complete the educational training
2181	2181	23 required by his or her sentence during the term of
2182	2182	24 incarceration, the Prisoner Review Board shall, as a condition
2183	2183	25 of mandatory supervised release, require the defendant, at his
2184	2184	26 or her own expense, to pursue a course of study toward a high
2185	2185
2186	2186
2187	2187
2188	2188
2189	2189
2190	2190	HB1037 - 60 - LRB104 03252 RLC 13274 b
2191	2191
2192	2192
2193	2193	HB1037- 61 -LRB104 03252 RLC 13274 b HB1037 - 61 - LRB104 03252 RLC 13274 b
2194	2194	HB1037 - 61 - LRB104 03252 RLC 13274 b
2195	2195	1 school diploma or passage of high school equivalency testing.
2196	2196	2 The Prisoner Review Board shall revoke the mandatory
2197	2197	3 supervised release of a defendant who wilfully fails to comply
2198	2198	4 with this subsection (j-5) upon his or her release from
2199	2199	5 confinement in a penal institution while serving a mandatory
2200	2200	6 supervised release term; however, the inability of the
2201	2201	7 defendant after making a good faith effort to obtain financial
2202	2202	8 aid or pay for the educational training shall not be deemed a
2203	2203	9 wilful failure to comply. The Prisoner Review Board shall
2204	2204	10 recommit the defendant whose mandatory supervised release term
2205	2205	11 has been revoked under this subsection (j-5) as provided in
2206	2206	12 Section 3-3-9. This subsection (j-5) does not apply to a
2207	2207	13 defendant who has a high school diploma or has successfully
2208	2208	14 passed high school equivalency testing. This subsection (j-5)
2209	2209	15 does not apply to a defendant who is determined by the court to
2210	2210	16 be a person with a developmental disability or otherwise
2211	2211	17 mentally incapable of completing the educational or vocational
2212	2212	18 program.
2213	2213	19 (k) (Blank).
2214	2214	20 (l)(A) Except as provided in paragraph (C) of subsection
2215	2215	21 (l), whenever a defendant, who is not a citizen or national of
2216	2216	22 the United States, is convicted of any felony or misdemeanor
2217	2217	23 offense, the court after sentencing the defendant may, upon
2218	2218	24 motion of the State's Attorney, hold sentence in abeyance and
2219	2219	25 remand the defendant to the custody of the Attorney General of
2220	2220	26 the United States or his or her designated agent to be deported
2221	2221
2222	2222
2223	2223
2224	2224
2225	2225
2226	2226	HB1037 - 61 - LRB104 03252 RLC 13274 b
2227	2227
2228	2228
2229	2229	HB1037- 62 -LRB104 03252 RLC 13274 b HB1037 - 62 - LRB104 03252 RLC 13274 b
2230	2230	HB1037 - 62 - LRB104 03252 RLC 13274 b
2231	2231	1 when:
2232	2232	2 (1) a final order of deportation has been issued
2233	2233	3 against the defendant pursuant to proceedings under the
2234	2234	4 Immigration and Nationality Act, and
2235	2235	5 (2) the deportation of the defendant would not
2236	2236	6 deprecate the seriousness of the defendant's conduct and
2237	2237	7 would not be inconsistent with the ends of justice.
2238	2238	8 Otherwise, the defendant shall be sentenced as provided in
2239	2239	9 this Chapter V.
2240	2240	10 (B) If the defendant has already been sentenced for a
2241	2241	11 felony or misdemeanor offense, or has been placed on probation
2242	2242	12 under Section 10 of the Cannabis Control Act, Section 410 of
2243	2243	13 the Illinois Controlled Substances Act, or Section 70 of the
2244	2244	14 Methamphetamine Control and Community Protection Act, the
2245	2245	15 court may, upon motion of the State's Attorney to suspend the
2246	2246	16 sentence imposed, commit the defendant to the custody of the
2247	2247	17 Attorney General of the United States or his or her designated
2248	2248	18 agent when:
2249	2249	19 (1) a final order of deportation has been issued
2250	2250	20 against the defendant pursuant to proceedings under the
2251	2251	21 Immigration and Nationality Act, and
2252	2252	22 (2) the deportation of the defendant would not
2253	2253	23 deprecate the seriousness of the defendant's conduct and
2254	2254	24 would not be inconsistent with the ends of justice.
2255	2255	25 (C) This subsection (l) does not apply to offenders who
2256	2256	26 are subject to the provisions of paragraph (2) of subsection
2257	2257
2258	2258
2259	2259
2260	2260
2261	2261
2262	2262	HB1037 - 62 - LRB104 03252 RLC 13274 b
2263	2263
2264	2264
2265	2265	HB1037- 63 -LRB104 03252 RLC 13274 b HB1037 - 63 - LRB104 03252 RLC 13274 b
2266	2266	HB1037 - 63 - LRB104 03252 RLC 13274 b
2267	2267	1 (a) of Section 3-6-3.
2268	2268	2 (D) Upon motion of the State's Attorney, if a defendant
2269	2269	3 sentenced under this Section returns to the jurisdiction of
2270	2270	4 the United States, the defendant shall be recommitted to the
2271	2271	5 custody of the county from which he or she was sentenced.
2272	2272	6 Thereafter, the defendant shall be brought before the
2273	2273	7 sentencing court, which may impose any sentence that was
2274	2274	8 available under Section 5-5-3 at the time of initial
2275	2275	9 sentencing. In addition, the defendant shall not be eligible
2276	2276	10 for additional earned sentence credit as provided under
2277	2277	11 Section 3-6-3.
2278	2278	12 (m) A person convicted of criminal defacement of property
2279	2279	13 under Section 21-1.3 of the Criminal Code of 1961 or the
2280	2280	14 Criminal Code of 2012, in which the property damage exceeds
2281	2281	15 $300 and the property damaged is a school building, shall be
2282	2282	16 ordered to perform community service that may include cleanup,
2283	2283	17 removal, or painting over the defacement.
2284	2284	18 (n) The court may sentence a person convicted of a
2285	2285	19 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
2286	2286	20 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2287	2287	21 of 1961 or the Criminal Code of 2012 (i) to an impact
2288	2288	22 incarceration program if the person is otherwise eligible for
2289	2289	23 that program under Section 5-8-1.1, (ii) to community service,
2290	2290	24 or (iii) if the person has a substance use disorder, as defined
2291	2291	25 in the Substance Use Disorder Act, to a treatment program
2292	2292	26 licensed under that Act.
2293	2293
2294	2294
2295	2295
2296	2296
2297	2297
2298	2298	HB1037 - 63 - LRB104 03252 RLC 13274 b
2299	2299
2300	2300
2301	2301	HB1037- 64 -LRB104 03252 RLC 13274 b HB1037 - 64 - LRB104 03252 RLC 13274 b
2302	2302	HB1037 - 64 - LRB104 03252 RLC 13274 b
2303	2303	1 (o) Whenever a person is convicted of a sex offense as
2304	2304	2 defined in Section 2 of the Sex Offender Registration Act, the
2305	2305	3 defendant's driver's license or permit shall be subject to
2306	2306	4 renewal on an annual basis in accordance with the provisions
2307	2307	5 of license renewal established by the Secretary of State.
2308	2308	6 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
2309	2309	7 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
2310	2310	8 1-1-24; 103-825, eff. 1-1-25.)
2311	2311
2312	2312
2313	2313
2314	2314
2315	2315
2316	2316	HB1037 - 64 - LRB104 03252 RLC 13274 b